The Election Commission (EC) confirms its readiness to conduct a referendum alongside nationwide elections. Secretary Saeng warned political parties they may campaign on constitutional amendments but must not influence the vote. Furthermore, campaigning at referendum forums is prohibited, as failure to comply risks legal violations.
On 17 Dec 2025 GMT+7 at the Miracle Grand Convention Hotel, Mr. Saeng Boonmee, Secretary-General of the Election Commission (EC), spoke about organizing the referendum. He said that on 16 Dec 2025 GMT+7, the government sent a letter to the EC requesting a referendum under Section 15 of the Referendum Act 2021. The letter included five details such as the necessity, key content of the referendum issues, and the legally mandated budget so the EC could prepare materials to distribute to the public.
He added that the referendum process has not yet fully commenced; it must wait another 15 days as required by law for the Prime Minister to announce the referendum date, which will coincide with the election day on 8 Feb 2026 GMT+7. However, by law and EC administration, the referendum can be held on the same day as the election.The Election Commissionhas already provided this information to the government during joint discussions. Therefore, the EC is ready, but it depends on the government’s decision, which the EC cannot answer on its behalf.
The EC Secretary-General also explained the difference between election campaigning and referendum campaigning. He said election campaigning is when parties seek votes to have citizens select their candidates or parties. The referendum, however, involves providing knowledge and key information about the referendum issue so citizens can consider whether to approve or disapprove. Agencies requesting the ECto conduct the referendumhave already sent information for the EC to disseminate to the public as per Section 15. The second part involves arranging forums for both sides—those in favor and those against—to express their opinions, which will require additional time to implement.
"Actually, campaigning involves proposing directions and policies about what the party will do. But at referendum forums, it is about expressing opinions—agree or disagree. We must focus only on the content, not campaigning. These must be clearly separated. The information sent under Section 15 must not be leading but must be neutral. The EC must also organize equal opportunity forums for both sides," said Mr. Saeng.
When asked if parliamentary candidates or party representatives can express opinions but are not allowed to lead voters to approve or disapprove, Mr. Saeng said expressing opinions is inherently influencing. However, the information the government or parliament provides—usually prepared by the government—cannot be leading but should inform citizens of pros and cons as per Section 15. When providing information, proponents will naturally present persuasive points, while opponents will present arguments in the opposite direction.
Thus, the referendum consists of two parts: information and opinions. This approach is common worldwide. Political candidates and parties can campaign on referendum issues, but at referendum opinion forums—which the Cabinet’s letter to the EC states the National Broadcasting and Telecommunications Commission (NBTC) will oversee the state and private media to ensure equal opportunities—the EC will also clarify this with media and the public.
Asked whether political parties can explicitly tell voters at campaign rallies whether to approve or disapprove the referendum, Mr. Saeng said parties can state their policies regarding whether they support or oppose constitutional amendments. This is permissible as campaigning. But at referendum forums, speakers are not parties but representatives of the sides for or against the referendum issue.
If parties want to speak at referendum forums, they must register as supporters or opponents, which involves different laws. Therefore, parties can campaign on their constitutional amendment policies but cannot tell voters to approve or disapprove. Doing so would cross into referendum campaigning. In the previous election, parties campaigned on constitutional amendment policies without legal issues. It is up to voters to decide. However, setting up forums to campaign approval or disapproval is governed by referendum law. Parties must be cautious. They can campaign whether to amend the constitution or not, but cannot say it is good or bad to approve or disapprove. Crossing that line risks legal penalties.
“Candidates and parties must be careful and consider whether they are speaking under election law or referendum law frameworks. If speaking within referendum law, they must register as supporters or opponents since forums exist for opinions. If speaking as MPs, it is more open, but they must not say whether people should approve or disapprove, as that crosses into referendum law,” Mr. Saeng emphasized. , said Mr. Saeng, emphasizing the point.
The EC Secretary-General also commented on the Cabinet’s plan to discuss the referendum question wording, whether to use the question submitted by parliament to the Cabinet or have the Cabinet draft its own. He said the EC needs time to review the Cabinet’s letter first but generally, the authority to decide the question lies with the agency requesting the referendum.It is not the ECthat selects the question. He declined to comment on which legal provision the Cabinet’s question follows, saying he must review the letter first.
Regarding the referendum budget, if conducted separately from the election, it would be close to the election budget since there are 53 million eligible voters. If done separately, the cost could total around 10 billion baht, but if held together with the election, it would be about 8 billion baht.