Somchai Srisutthiyakorn, the election commissioner responsible for administering the election, shared the preparations he has made for the upcoming referendum as well as the challenges ahead with The Nation’s Piyaporn Wongruang.

WE HAVE HAD REFERENDUMS HELD BEFORE; HOW WILL A REFERENDUM THIS TIME BE DIFFERENT FROM IN THE PAST?

The referendum this time has a focus on readjustment based on three main principles so that we can gain clearer objectives and approaches. We think a referendum should embrace the people’s convenience at its heart, it should also be just and fair, and lastly it should help boost “quality democracy”. As we came up with the main principles, we translated them into our plans and approaches.

SO, THE FIRST PRINCIPLE IS ABOUT PEOPLE’S CONVENIENCE?

We want people to experience the utmost convenience as we wish to see as many as possible come out and cast a ballot. So, we have been reviewing the [polling] timing, locations and procedures to facilitate voting the most. That’s the reason why we have moved the closing time for a poll station from 3pm to 4pm. Secondly, we have come up with a new application, called “Dao Nuea” or “the Northern Star”, to help direct people to a poll station. There is some other new technology to support people including online registration.

This is a new dimension for our future elections because it has changed the whole mindset about an election, from a conventional approach that says people should find their own way to cast a ballot, to a new approach that is based on people’s convenience so as many as possible can come out and cast a ballot.

WHAT ABOUT THE SECOND PRINCIPLE?

The second principle is about how to hold a fair and just referendum. As we know, our society now is deeply divided and people stand against one another, so it’s quite a challenge to hold a fair and just referendum for something important like the charter draft.

Some people may say if the charter draft fails in this referendum, it’s the EC’s responsibility, but I must say a referendum is about opening space for all to express something important about their lives, not pulling people out to accept something. So, we will be there to ensure that people have space to express themselves on the charter draft and make a decision about it.

This is actually what a referendum means, and the EC must have a lot of courage to make such a space. And that’s the reason why we have come up with rules and procedures to regulate the referendum this time.

Q SO, YOU HAVE PREPARED PROCEDURES ALREADY, ESPECIALLY IN REGARD TO PEOPLE’S CAMPAIGNS AHEAD OF THE VOTE?

A This is what I would like to call a dilemma. We are walking a fine line to make it fair and just. We are trying to balance between how to make people campaign so other people receive balanced information enough to make an independent decision, while not falling prey to political interests or hidden agendas. So, we think we will base campaigns on this rationale.

How to do this? We have come up with guidelines that say people who wish to campaign must group together and register with us first. Then they have to express their position to show us their plans of activities. If we see these are deemed to stir disturbances, we will call them off and offer alternatives, including public debates.

Actually, we have also planned to hold debates on TV to ensure both sides have equal space to express their views on critical issues in the charter draft ahead of the referendum. TV debates will happen about 10 times.

In addition, we have also proposed a new act to facilitate and secure the referendum. It would come with penalties for violating the act.

The penalties would be based under the Election Act. For instance, vote buying is prohibited, and so is using drama and plays to lure voters.

Or if people try to close or disrupt a poll, they would face a jail term of one year or a fine of no more than Bt20,000.

We want to see the law enacted around April, but if it is not in time, we would ask the Cabinet to issue a Royal decree.

This is the principle of doing what is right, no matter how threatened the principle is, and the EC must stand firm, no matter if it faces colour-coded voters or military officers at a poll. If they are deemed to be disturbing the vote, we will call them out.

AND THE LAST PRINCIPLE IS ABOUT A “QUALITY DEMOCRACY”. WHAT DOES THAT MEAN?

Looking at the past, we see that many of us somehow have made decisions without having well-rounded information following political competition. So, the challenge in the referendum this time is how people can get well-rounded information so they can make a fully independent decision.

At first we thought of printing and distributing around 17 million copies of the charter draft, but now we have agreed to pursue every means to disseminate information, especially with the help of new technology such as applications and mobile phones to get people information about the draft.

I must say the last one is the most difficult as it involves a number of people in this country. We have to accept that we are in a society which is deeply divided, and our views are very polarised, and influenced one way or another.

I must say that The success of this task cannot be assured by the EC alone. Political figures, the media and others can help. At least, don’t add further fuel to the fire.

IT SEEMS YOU HAVE PREPARED WAYS TOWARDS THE REFERENDUM ALREADY, BUT WHAT ABOUT THE UNSETTLED ISSUE CONCERNING AN AMBIGUOUS VOTE COUNT?

We have agreed that the interim charter will be revised on this point within one month. So, we will correct the wording to make it clear that use a majority of voters who turn out, not eligible voters, will be necessary to pass the referendum. It’s just a wording problem that we can correct, not a big deal.

WHAT WILL BE NEXT IF THE CHARTER DRAFT CANNOT PASS THIS REFERENDUM?

If the charter draft is rejected, the EC will have nothing to do next, but other concerned agencies will, including the government. But if the draft passes the referendum, then the EC will in its next step prepare an election. We would then have to work further on necessary organic laws to pave the way for an election. Actually we have roughly prepared three or four drafts already.

THE REFERENDUM SEEMS TO BE LIKE A TEST FOR THE EC ITSELF AS WELL FOR ITS ROLE IN THE FUTURE?

It will show us how an election and administrations regarding it will move into the future.

Under this charter draft, the EC’s role and authority will also be strengthened because we are demanded to help boost quality politics via effective screening of quality politicians. In my view, we have been provided with quite complete authority that we can enforce from the start by the determination of an election date. This is very important as it can create advantages and disadvantages in politics.

From now on, we do not have to consult with the government in order to determine an election date.

The government will not have any role in this, only the EC.

The EC will also be able to give a red card to corrupt candidates. We can investigate and give a red card one year after an election, but this decision would have to be forwarded to a court to rule on it because consequences would be severe: a lifetime ban in politics.

ARE YOU WORRIED ABOUT THE COMING REFERENDUM?

I’m not, in terms of performance of duties. But like I said, if there were any worries, I would be worried the most about the No-3 task (how people can learn the facts and make a decision without being politically influenced while society is deeply divided like this).