Look carefully at the Election Commission’s response to the discussion. Prohibited characteristics in applying for election as a senator: 3 issues: Members of political parties How many days will it take to leave membership? – Provincial political party representatives Is it considered a political position holder? On April 25, 2024, reporters reported that The Election Commission issued a clarification in response to discussions regarding 3 issues prohibited in applying for election as a senator: Members of political parties. How many days after leaving the membership? position holder Provincial political party representative Considered to be the person holding the position Political or not, the Office of the Election Commission (EC) responded to the discussion regarding the prohibited characteristics of applying for election as a senator on 3 issues as follows: 1. In the case of being a member of a political party How many days after leaving membership? 2. In the case of a person holding the position of representative of a political party in the province Considered to be the person holding the position Political or not? 3. In the case of a person holding a position on a community committee According to the regulations of the Ministry of Interior Concerning Community Committees, B.E. 2022 and the amendment to the second edition, B.E. 2023, Article 16 and Article 18, paragraph two, are they considered government officials or not? If not, do they have to resign on the application day? And how many days does the Election Commission Office consider it? There are opinions as follows: 1. The Organic Act on the Acquisition of Senators, B.E. 2018, Section 14 (21) stipulates that a candidate for Senate must not be a member of a political party. Therefore, if it appears that On the day of applying to be elected as a senator A person running for election as a senator is not Which political party are members? It is considered that such person does not have the prohibited characteristics from applying under Section 14 (21) of the said Act.2. The Organic Act on Prevention and Suppression of Corruption, 2018, Section 4, defines the term: “People holding political positions” which means (1) the Prime Minister (2) ministers (3) members of the House of Representatives (4) members of the Senate (5) political officials other than (1) and (2) according to the law: With the regulations for political civil servants (6) political parliamentary civil servants According to the law on parliamentary civil service regulations In the case of discussions regarding holding political positions Therefore, it is compared with the provisions of the said law. 3. The Constitutional Court has previously issued decision No. 5/2000 dated February 14, 2000, summarizing the nature of “Other government officials” are persons who are appointed or elected in accordance with the law and have authority to carry out actions or duties in accordance with the law and perform regular work under command or supervision. of the state and have a salary, wage, or remuneration according to law. Therefore, any person will have the status Are you another government official? Must consider the decision of the Constitutional Court. However, discussions should be made with the primary agency. To determine whether the community committee position falls within the meaning of the word “Other government officials” according to the decision of the Constitutional Court above or not? You can study more details from the Constitutional Act. Concerning the Acquisition of Senators, B.E. 2018 and the Regulations of the Election Commission on the Selection of Senate Members, B.E. 2024, the Act Concerning the Acquisition of Senators, B.E. 2018, Regulations Election Commission regarding the selection of Senate members, B.E. 2024
