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Legal Adviser Calls on Election Commission to Review Restriction of Referendum Voting to Election Day Only, Citing Burden and Voter Exclusion

Politic24 Dec 2025 16:59 GMT+7

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Legal Adviser Calls on Election Commission to Review Restriction of Referendum Voting to Election Day Only, Citing Burden and Voter Exclusion

Teera, legal adviser to the Prachachon Party, calls on the Election Commission (EC) to reconsider limiting referendum voting outside constituencies to the actual voting day only, pointing out that this creates burdens and excludes voters. He affirms that political parties are allowed to campaign for the referendum, with no law prohibiting it.

On 24 December 2025, Teera Sutheewarangkul, legal adviser to the Prachachon Party, commented on the Election Commission's (EC) confirmation that referendum voting must take place only on the official day, 8 February 2026, and early voting on 1 February 2026 is not permitted. Teera said the EC's approach forces voters living outside their home constituencies to go to the polls twice in close succession: first for early voting in the parliamentary election, then again on the official referendum day. This unnecessarily burdens voters. Many who cannot easily travel back or vote multiple times may choose to vote only once, significantly reducing referendum turnout.

Teera stated that instead of facilitating and encouraging voter participation, the EC's approach is obstructing it—especially for young people and working-age citizens living away from home. Another concern is the EC's likely decision to allow only a very short three-day registration window for out-of-area referendum voting, from 3 to 5 January 2026. This is an unreasonably brief period that does not truly facilitate voters and may cause many to lose their voting rights simply by missing the registration deadline.

Teera also addressed EC Secretary-General Saeng Boonmee's statement prohibiting political parties from influencing voters in the referendum. He affirmed that no law bans political parties from campaigning in a referendum. Section 17 of the Referendum Act clearly states that citizens, political parties, private organizations, and groups have constitutional rights and freedoms to conduct campaign activities freely, equally, and fairly. The Secretary-General's claim contradicts universal democratic principles, as political parties—institutions of the people—have the right to provide information to voters.

Teera concluded by emphasizing that this referendum is a critical turning point for unlocking the 2017 constitution. He urged the EC to review and amend its announced procedures with voter convenience as a priority. Otherwise, the referendum will become a process that excludes voters and cannot genuinely reflect the people's wishes, for which the EC must be held accountable.