Faculty of Laws, Thammasat University reiterates the recycling of campaign signs, using them among themselves, not wrong, electoral law, believes the Election Commission to consider carefully dreaded repeating Suraphon
On May 30, Asst. Prof. Dr. Parinya Dewanarumitkul Lecturer of the Faculty of Law Thammasat University Specifies the case where the Election Commission (EC) will present a report on the results of the Bangkok Governor’s election. (The Governor of Bangkok) and Bangkok Metropolitan Administration (BMA) members attended the meeting on May 30 to consider the announcement of the election results. by presenting the scores for the executives of 1 position and members of 50 positions. There are a total of 24 issues. Mr. Chatchat Sitthiphan is the person who received the highest score in the election of the Bangkok governor. Received complaints on 2 issues, namely the case of creating a campaign banner in the scope of offering any other benefits which may be calculated as income to incentivize the voters and insulting the bureaucratic system
Asst. Prof. Dr. Parinya stated that Campaign banners to make bags for use among themselves in the election team are not illegal. According to the people who continue to complain The Election Commission said that the campaign label made a bag of Mr. Chatchart Sitthiphan, the governor of Bangkok. electoral law because the property or any other benefits which may be calculated in money to incentivize the voters to choose themselves In fact, this is not a complicated issue. Because to violate Section 65 (1) of the Election of Members of Local Councils or Local Administrators B.E. or to provide to whom, property or any other benefit which may be calculated in money” to “induce voters to vote for themselves”, that is, to prohibit the purchase of votes. whether it’s money or things
Asst. Prof. Dr. Parinya said that However, since Mr. Chatchart has announced to the public in writing on Facebook that “I don’t want campaign vinyl to become trash after the election. Therefore, we have a plan to bring it back into circulation (Recycle) by sewing it into bags or apron to use for each other in the team.” Therefore, when doing it for each other in the team Not giving out to people to motivate themselves to choose. Therefore, it is not an act that violates section 65 (1).
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“As for the issue that the petitioner claimed that he had not filed a complaint against the person who kept the sign Show that the intention is to give from the beginning This is a separate matter. because you have to look at the intent when doing it which has been clearly announced that ‘Use yourself in teams’ even if the campaign badge is the candidate’s property. But in the past, collecting campaign signs after the election, for example, to cover the roof, sit, sun visor, etc., was considered a small matter, never had any problems. Because when the campaign is finished, the campaign banners become trash. or leftovers or not used
“The call to report the arrest of people in this regard for theft, which is a criminal offense, is therefore too exaggerated. In fact, there is no law anywhere written that the property owner has a duty to report it. Article 65 (1) of the Local Election Act is a criminal law, with section 126 imposing a sentence of one to 10 years in prison and disqualifying up to 20 years. When making a sign is important. Failure to report has no effect to change the intention when making the sign.” Asst. Prof. Dr. Parinya said
Asst. Prof. Dr. Parinya also said that There is one more thing that I would like to mention, namely The complaint accused the applicants, both the Bangkok Governor and several Sor Kor., to the police for violating Section 368 of the Penal Code for disobeying the official’s orders. due to announcement The Election Commission requires that the badges be kept within 3 days after the election. But a number of applicants still haven’t collected all the signs, therefore they are in violation of this section. I understand that the complainant may be confused between announce with order which is not the same The announcement has the nature to be followed in general. The order is specific to any person to act. or not doing any action
“Failure to collect all the signs within 3 days is a non-compliance with the announcement. not disobeying the orders of the officials This will be a disobedience of orders only when The Election Commission has issued an order to applicants who have not collected all the signs to collect all the signs. And any applicant who doesn’t collect all the badges That’s why it’s against this section.” Asst. Prof. Dr. Parinya stated
Asst. Prof. Dr. Parinya said that In summary, it is wrong or not, it must be according to the law and facts. The lawyers who follow this story all agree that the campaign labels make bags for themselves in the team, not illegal to vote. With respect, I believe that the Election Commission will consider this matter with caution. And so that such an event that happened in 2019 in District 8, Chiang Mai Province, where the Election Commission did not announce the certifying results and ordered a new election But in the end, the court saw that it was an incorrect ruling and ordered The Election Commission had to pay 64 million baht to the winners of the election. It didn’t happen again.