Election fraud must be proved, not recounted - Kaewsan

Former Thammasat University law professor Kaewsan Atibodhi has stated that a political party is entitled to reject the election results through legal channels.

He was responding to the People's Party’s demand for a vote recount, saying that if there was a mistake in the vote count at the polling stations, a party representative could raise an immediate objection.

If there was no objection at the polling stations and the vote count was completed, with representatives of all parties endorsing the vote counts, he argued that the subsequent call for a recount is not an exercise of a lawful right but "an outright provocation, which is unacceptable."

If there was a blackout during the vote counting, or if there was suspicion of election rigging, Kaewsan explained that this does not justify a recount.

However, a party could raise an objection claiming that the election was unfair, in which case the sealed ballot boxes from the constituency must be opened for rechecks.

If there is evidence of election rigging, a fresh election can be held in the constituency in question.

He noted that, from a legal perspective, a vote recount and an election objection are two different issues. He also mentioned that an objection to a vote count must be raised on the spot, during the count at the polling station.

Once the count is completed, he said a party that disagrees with the poll results can only object or protest that the election is unfair or rigged.

“All hell would break loose if people in all constituencies demanded recounts,” he said.

The law professor then suggested that the EC invite representatives of the People’s Party to be informed that the counting was already over and that the party should not seek recounts, but rather protest the election's legitimacy with evidence to back up such a claim.

Meanwhile, the ‘United Front of Thammasat and Demonstration’ (UFTD), better known as the ‘Three-Finger’ movement, has staged a rally in front of the Election Commission (EC) office to demand vote recounts in all of the country’s 400 constituencies.

UFTD coordinator Thiraphat Suppapitakpaibul said that protesters doubt the validity of the vote-counting process by the Election Commission, as well as the accuracy and transparency of the election results.

Speaking on behalf of the protesters, he said that the UFTD has five demands for the EC, which include open vote recounts in all constituencies nationwide, an investigation into officials suspected of involvement in election fraud, full disclosure of irregularities found in constituencies, and fresh elections in constituencies where irregularities are substantiated.

The UFTD also demands the resignation of all seven election commissioners.

The network was behind the protests during the administration of Prime Minister Prayuth Chan-o-cha but faded from public radar after several of its leaders were imprisoned on lèse majesté convictions or fled abroad.