Thammasat University law professor, Prinya Thaewanarumitkul, has voiced his support for one of his colleagues in challenging the Central Administrative Court’s ruling which puts the blame on the voter for their failure to register to vote in the referendum on February 8 from outside their constituencies within the timeline set by the Election Commission (EC).
The court’s ruling has effectively made it impossible for 812,369 registered advance voters to cast a ballot in the referendum, as they did on February 1 for the parliamentary elections.
Nonetheless, they retain the right to vote in person in their constituencies on Sunday.
Voters will cast three ballots on Election Day; for constituency candidates and parties and in the referendum, to approve or reject the drafting of a new Constitution.
In his Facebook post on Thursday, Prinya expressed his disagreement with the court, which, he said, appears to blame the registered advance voters for failing also to register their intention to vote in the referendum outside their constituency within the three-day timeline set by the EC.
Prinya cited the case of Ussanee Pathapeesrikit-lertrattana, a law lecturer at Thammasat University, who filed an unsuccessful lawsuit against the EC in the Central Administrative Court.
He explained that the lecturer was in New Zealand and failed to register her intention to vote in the referendum outside her constituency within the timeframe, due to the overloaded and slow EC IP network.
The court dismissed her claim, arguing that she could have registered by mail or by physically visiting a district office to register to vote outside her constituency.
Prinya pointed out that the EC’s duty is to provide convenience for voters, so the EC should have allowed more time for advance voters to register.
He claimed that the EC was fully aware that more than 800,000 registered advance voters would miss out on casting a ballot in the referendum because they could not register in time, adding that the EC has the authority to amend the regulation to accommodate these voters.
He also noted that most registered advance voters were not aware that they were also required to register to vote in the referendum from outside their constituencies because of the EC’s failure to inform the advance voters effectively of the requirement.
Prinya hopes that the Supreme Administrative Court will be able to issue its final ruling before February 8.
“This is not just a case of a law lecturer who will miss out on voting in the referendum, there are 812,369 other advance voters who will also miss out,” said the professor.
