Bangkok: The Secretary-General of the Election Commission has provided clarity on the legal standing of a parliamentary candidate who was arrested for violating the law. This candidate is not automatically disqualified unless they cease to be a party member before February 8th. In such cases, district directors will take the matter to court, resulting in the candidate's name and number being removed from the ballot. Any ballot marked with an X for this candidate will be instantly declared invalid. If the court does not issue a timely order and the candidate wins as the first-choice candidate, a petition can be filed to annul the election and call for a new one.
According to Thai News Agency, Mr. Saeng Boonmee, Secretary-General of the Election Commission (EC), addressed concerns about whether an arrested candidate is disqualified. He stated that if a candidate is officially announced and then arrested, detained, and not granted bail, they remain a candidate unless further offenses are committed. As of February 8, 2026, they are still eligible, and voters can cast their votes for them.
Moreover, if a candidate develops a disqualifying characteristic, such as losing party membership, they become ineligible. However, this does not take immediate effect, as legal processes must be followed. These include ceasing to be a member of a political party according to the Political Parties Act or the party's regulations. Before election day, the constituency director will file a petition with the Supreme Court to have the candidate's name removed. If the court acts in time, the election office will announce that the candidate is no longer eligible, rendering votes for them invalid.
If the court cannot issue an order in time, the candidate remains eligible, and the public can vote. If elected, a petition would challenge their qualifications, potentially leading to the annulment of the election and a new one being held.
Mr. Saeng clarified that candidates arrested while legal procedures continue are still protected by law. They remain candidates unless proven otherwise. The political party is not liable if members are arrested post-certification, as no disqualifying traits were present at the time of application.
Regarding Mr. Chanonphat Naksua, whose assets were seized by the Anti-Money Laundering Office (AMLO), Mr. Saeng explained that he can still be a candidate under the Constitution, as the matter is still under investigation and not yet before a court.
Mr. Saeng also addressed concerns about leaked documents showing donations from individuals with the same surname as an arrested candidate. The Election Commission is investigating to ensure funds are legally sourced. Donations to the Palang Pracharath Party, even if from illegal sources, are not judged by the Election Commission but by AMLO.
He concluded that if a dissolved political party's funds are involved, they must be returned to the Election Commission. Donations or income can be transferred to a new political party's foundation, but money laundering laws are separate issues.