The government has not given final approval of the EC’s rule on campaigning, which is one of several recently floated in proposed legislation.

The EC will meet today to decide whether to redefine different types of criminal and election-related offences as it prepares the legislation to govern the referendum.

Among the penalties specified, people could face up to 10 years in prison if they instigate trouble or cause turmoil during the referendum, according to the EC’s proposed bill.

The commission may write the legislation as a royal decree, as suggested by Deputy Prime Minister Wissanu Krea-ngam, or leave it to the government to decide whether to frame it as an act or a royal decree.

The proposed legislation states that people who instigate turmoil during a referendum or intimidate voters in any way, including via the media, could face a fine of up to Bt200,000 in addition to 10 years in prison.

Anyone who offer bribes to voters or blocks the distribution of ballot boxes and ballots would also face up to 10 years in prison or a fine of Bt200,000.

The EC has proposed 16 articles related to voting in the referendum, most of which are similar in content to those specified in the referendum law of 2007.

Under the proposed law, anyone who disseminates messages, pictures or voice recordings via the media that distort the truth would be regarded as having committed an electoral crime.

Similarly, any parties that are not registered with the EC who disseminate content advocating for or against the charter draft, or calling for a boycott of the referendum, would be considered guilty of a crime.

Anyone who causes a referendum to be reorganised would also face civil liability and be held responsible for the expenses of holding a new referendum.

Election officials or their aides who intentionally commit corrupt acts, break the law or abuse their authority also face a fine up to a Bt200,000 and 10 years in jail, and their right to participate in elections revoked for 10 years.

The EC also reserves the right to prevent election officials from carrying out their duties if it believes their actions may have an unfair influence on the election process.

Anyone found to be blocking election officials from carrying out their duties would face up to one year in jail and a fine of up to Bt20,000. If someone uses force to block officials from carrying out those duties, they face up to two years in jail, a Bt40,000 fine or both. Employers who do not allow their employees to exercise their right to vote face the same punishment.

Voters who are found to have destroyed ballots face up to 10 years in jail and a Bt20,000 fine.

During official voting hours, people who do not have the right to vote in a particular polling booth may not take a ballot from the booth, they are banned from indicating to others in any way that they are eligible to vote, and they may not take a picture of a marked ballot on penalty of up to five years in jail, a Bt100,000 fine or both.