EC moves to scrap its ‘black card’ powers

THE ELECTION Commission (EC) on Tuesday instructed a sub-panel working on the draft organic law on the election of MPs to remove a clause addressing the “black card” lifetime ban from contesting elections, because the EC did not want to be the target of criticism over a mechanism that it did not initially suggest.

Under the new charter, the EC has the authority to nullify with a “yellow card” an election affected by irregularities and call for a new poll. It can also issue an “orange card” after the election but before results are announced, banning candidates who are found guilty of fraud from running again for one year. 

However, the authority to ban winning candidates after poll results are announced is left to the courts, while terms in the charter’s Article 226 and Article 98 concerning lifetime bans from contesting elections – and who would have the authority to impose such bans – are vague.

After the black card plan faced fierce criticism when it was leaked to the press, EC member Somchai Srisut-thiyakorn on Tuesday stepped back from the proposal, saying the EC did not have the authority to impose lifetime bans, because that power should be confined to the courts.

At the agency’s meeting yesterday, the EC resolved to submit a revised proposal to the Constitution Drafting Commission, which will draft the bill, underlining removal of the black card reference. 

The meeting cited the charter’s Article 98 (11), which already stipulates that people who have their electoral rights revoked would not be able to run in an election, meaning he or she will automatically be banned indefinitely.

However, the EC’s sub-panel in charge of drafting legislation disagreed with the decision, concluding the charter organic law must contain the clause to prevent problems in implementation, otherwise the EC will not have the right to petition the courts to punish offenders.

 

Judges consider amendment

The panel will today forward its recommendation to the entire EC again, which will have the final say on the matter.

Meanwhile, the Constitutional Court will decide next Wednesday on the constitutionality of the amendment to the charter draft giving senators the right to vote for the next prime minister.

Constitutional Court chairman Nurak Mapraneet called a meeting of the court to consider the amendment and whether the wording was legitimate and in line with the additional referendum question.

The judges are ruling on the matter at the request of the Cabinet, the National Legislative Assembly and the National Reform Steering Assembly.

The court will not summon witnesses to give testimony or subpoena any other documents, but will decide based on pre-existing guidelines.

In a separate meeting, the Constitutional Court invited the heads of five independent bodies to map out guidelines on establishing ethical standards for government agencies.

The charter draft stipulates that the Constitutional Court and independent agencies must finish drafting ethical standards within one year after the new charter takes effect.

They are also supposed to seek the opinions of senators, MPs and the Cabinet. A source said the agencies would only outline the principles of ethical standards, not go into detail what can and cannot be done ethically.

Office of Ombudsman chairman Sriracha Vongsarayankura said the meeting resolved that each independent agency would draft ethical standards by either revising existing ones or writing new ones. Each agency will then present their drafts at a gathering of all the agencies and the court in one month.

National Human Rights Commission chairman Wat Tingsamit dismissed concerns that ethical standards might not apply to different government agencies, saying lawmakers would ensure they could enforce ethics for every agency.