Ex-Official Flags Weaknesses in Election Commission Ruling
A former Election Commission member has identified seven critical weaknesses in the agency's ruling that allowed two senators to register in a broad business category instead of their specific trades, potentially constituting criminal misco
Somchai Srisutthiyakorn, a former Election Commission member, dissected weaknesses in the Commission's qualification ruling on July 30, 2025, posted on Facebook. He argued that if the Commission made an error—whether through negligence or intent to help the candidates—it could constitute criminal misconduct by state officials acting improperly.
The case centers on whether senators Sompan Phrasak (noodle vendor) and Daeng Kongma (pork butcher) registered in the correct business category. They registered in Group 10 (other enterprises outside medium and small businesses) rather than their trade-specific categories. The Election Commission affirmed both candidates met qualifications after finding sufficient evidence.
Somchai identified seven critical weaknesses in the ruling:
1. The Commission based its decision solely on self-declaration, witness signatures, and district-level checks, with no government agency disputing qualifications.
2. Further investigation focused narrowly on whether the candidates had engaged in their trades for over 10 years, treating a 10-year record as proof of qualification.
3. The Commission failed to define Group 10 (other enterprises) under the law governing medium and small enterprises.
4. Proper interpretation of Group 10 requires referencing the 2002 Ministerial Regulation on medium and small enterprise definitions: service businesses like noodle shops classified as small (S) have up to 50 workers and assets not exceeding 50 million baht; medium (M) have 51-200 workers and 50-200 million baht in assets. Retail businesses like butcher stalls classified as small (S) have up to 15 workers and assets not exceeding 30 million baht; medium (M) have 16-30 workers and 30-60 million baht in assets.
5. Group 10 should only include enterprises that are neither small (S) nor medium (M)—meaning noodle vendors with over 200 employees and 200+ million in assets, or butchers with over 30 employees and 60+ million in assets.
6. If the Commission's ruling was erroneous due to carelessness, it constitutes negligent misconduct harming the state. If intentional aid to candidates was involved, it is criminal misconduct by state officials failing their duties.
