Legal Loopholes in the Referendum Law: Why a Single Day Vote Is a Major Obstacle and Why the 2017 Constitution Must Be Overhauled

Clarifying your voting rights: Many remain confused whether referendums and elections follow the same rules. In fact, you can vote "outside your district," but the major issue is that "advance referendum voting is not allowed." This means everyone must vote on the same day. Thairath Online explores the impacts of these seemingly simple rules that pose hidden obstacles, and why this constitution is seen as the root of problems that urgently need fixing.

Confirming the facts: Out-of-district referendum voting is allowed, but advance voting is still unavailable.

According to the 2021 Referendum Act, eligible voters can cast their ballots for elections and referendums in the province where they currently reside (outside their registered district), but with the important condition that they must register for out-of-district voting within the specified timeframe.

However, the biggest problem is that "advance voting for referendums is not permitted," unlike general elections. This means the law requires everyone to vote simultaneously on a single day. If someone is busy, ill, or working that day, their voting right is immediately lost without any chance to make up for it.

Impact: When the rules do not accommodate real-life circumstances.

The absence of advance referendum voting in the law directly affects the legitimacy of the constitution as follows:

• Risk to the "Double Majority" threshold: The law requires that more than 50% of all eligible voters participate for the referendum to pass. Without advance voting, turnout risks falling below this threshold, causing constitutional amendments to fail at the outset.
• Burden on the public: Although out-of-district voting is possible, forcing everyone to vote on a single day leads to congestion. If there are problems with the out-of-district registration system, voters have no choice but to travel back to their home district.
• The voice of Thais abroad disappears: Though the law allows referendum voting by mail or other methods, in practice there is no clear and comprehensive mechanism comparable to general elections.

Why must we amend the 2017 Constitution?

The complicated referendum rules are just part of broader problems rooted in the 2017 Constitution, which is seen as an obstacle to democratic progress.

• Power succession mechanisms: Provisions enable established power networks to control the country's direction through independent agencies and the Senate (during the transitional period).
• Distorted electoral system: This produces unstable coalition governments and makes it difficult to implement promised policies.
• The "most difficult" constitution to amend: Amendments require approval from all parties and must pass multiple referendums, each expensive and complicated as noted above.

A constitution should be a set of rules that citizens feel they collectively own, not rules written to lock in political outcomes.

Knowing that you can vote "outside your district" is positive, but advocating for an "advance voting" system and universally accepted constitutional reforms is crucial to ensuring the people's voice truly carries weight.