• 
• 

Published on January 11, 2008

The EC is expected to rule today on alleged electoral fraud involving Yongyuth, an unprecedented case for two reasons - a first party-list candidate involved in vote-buying, and a first punishment involving a party list. All past cases of campaign violations were committed by constituency candidates vying for direct votes.

Authorities say the EC was obliged to factor in legal ramifications from a red or yellow card issued against Yongyuth as the consequences of the punishment involving proportionate votes would be more complicated than the penalty for direct-voting violations.

Should a constituency candidate be disqualified, a re-election would have to be held to vote a new winner. In a fraud case applying to proportionate votes, the electoral rules do not prescribe re-election but call for the cancellation of tampered votes, the removal of a disqualified candidate and handing the victory to a runner-up.

As Chiang Rai - where the fraud involving Yongyuth occurred - accounts for sizeable votes in Zone 1, the re-tallying of ballots after discounting the tampered votes might significantly alter the outcome of five seats allocated to the People Power.

As the EC has already endorsed the votes for four party-list candidates from People Power, the altered outcome due to Yongyuth's alleged wrongdoing might impact on the seats won by the party and this would be deemed as injustice to the four who have already reported for duty.

Given the legal predicament, the EC would likely punish Yongyuth by one of the two options.

In the first option, Yongyuth might be given a red or yellow card and the EC would re-tally the proportionate votes in Zone 1 in order to pick a runner-up either from the People Power or from another party depending on the new outcome. This would not alter the endorsement given to the four winning candidates.

For the second option, the EC might avoid the complications of re-tallying the votes altogether by delaying the review of the investigative report on the case. It would then give a partial endorsement to Yongyuth's victory to allow him to assume officeand then proceed to initiate a judicial review by the Supreme Court.

Should the high court find Yongyuth guilty, he would be removed from office and be replaced by his runner-up from the People Power. Regardless of which of the two options is picked as punishment, the PPP will face a mandatory probe on its linkage to fraud because Yongyuth is a deputy party leader. If the party is implicated, this can lead to litigation and disbanding in the Constitution Court.

Atthayuth Butsripoom

The Nation