The Election Commission clarified that Section 96(4) is not a criterion for the 2024 Senate selection, affirming that different systems are used. The initial 250 senators are governed by a transitional provision, while the 200 senators in 2024 are chosen through a self-selection system under Section 42, to avoid confusion.
On 31 August 2026, the Election Commission Office (EC) explained the dissemination of information regarding Section 96(4) of the Act on the Election of Senators B.E. 2561 (2018), which stated that if a candidate does not receive at least 10% of the votes, a new election may be required.
The Election Commission Office clarified that Section 96 is a transitional provision applicable only to the initial Senate selection, not a criterion for the 2024 Senate election, with details as follows.
1. The initial selection of 250 senators followed the process set out in the transitional provisions of the 2017 Constitution and Sections 96(1) through (4).
2. The 2024 Senate election of 200 senators follows the system prescribed by law, using a "self-selection among candidates" method divided into 20 groups, with three levels: district, provincial, and national. The national level election follows Section 42 of the 2018 Senate Election Act.
Therefore, citing the transitional provision in Section 96(4) that candidates not receiving at least 10% of votes must be reselected in the 2024 Senate election is incorrect. Section 96 applies only to the initial 250 senators, a different time period and system from the 200 senators in 2024.
However, the fact that Section 96(4) does not apply to the 2024 Senate election does not mean the process lacks oversight. For the 2024 national-level Senate election, the EC established complaint reception points, investigative officers to verify facts, and election observers to collect information, complaints, and evidence of fraud or legal violations, carrying out duties to ensure the election is honest and fair.
In summary: 250 senators → initial term → transitional provision → Section 96 applies; 200 senators in 2024 → self-selection system → 20 groups → mainly Section 42 applies. "Different periods, different systems, different criteria."
