Revocation of the Political Rights in Electoral Corruption of Local Council Members or Local Administration in Thailand

Abstract

This academic consists purposes to study the concept of revocation of political rights in cases of electoral fraud
involving candidates for local council members or local administration, including the determination of penalties, qualifications, and grounds for disqualification in such instances. This inquiry is prompted by the provisions of the Local Council Members and Local Administration Elections Act, B.E. 2562, the current statute governing local elections. Under the Act, any person who commits electoral fraud shall, in addition to being liable to imprisonment for a term of between 1 to 10 years, or a fine ranging from 20,000 to 200,000 baht, or both, be subject to a court-ordered disqualification from voting for a period of 20 years. Moreover, the Act further restricts the rights of any person who commits electoral fraud from registering as a candidate pursuant to Section 50, which provides that “a person possessing the following characteristic shall be disqualified from exercising the right to register as a candidate (11) having been finally convicted of having committed electoral fraud.” In other words, a person found guilty of electoral fraud is not only disqualified from voting for 20 years but is also permanently barred from registering as a candidate. In order to conform with the intent of the Constitution of the Kingdom of Thailand, B.E. 2560, in preventing and suppressing corruption, Thus, the issue arises as to whether imposing a disqualification period of up to 20 years from voting, together with a lifetime ban on registering as a candidate in cases of electoral fraud, constitutes an excessive deprivation or restriction of an individual's rights and freedoms.