Ex-Senator Accuses EC of Bias in Leaflets for February Charter Referendum

Thailand’s intensely watched February referendum has been hit by an unexpected row long before the first ballots are cast. A former senator claims the Election Commission’s glossy leaflets—now landing in mailboxes nationwide—quietly push voters toward scrapping the 2017 charter. The dispute, if it festers, could overshadow both the referendum and the general election being held on the very same day.

Quick glance at the storm

• Who’s upset? Somchai Swangkarn, ex‐senator with a reputation for meticulous rule-watching.

• Why now? The EC’s voter guide allegedly frames the 2017 constitution as undemocratic, yet omits a clear sample ballot.

• What’s at stake? Credibility of the referee, legal challenges, and faith in the 8 Feb vote that will decide whether Thailand drafts a brand-new charter.

Rising heat on the election umpire

Standing before a backdrop of still-sealed postal bags, Somchai accused the commission of crossing an invisible line: “neutrality.” He insists the agency’s core duty is to explain the question, not steer the answer. In his telling, several passages in the booklet single out the current constitution’s origin under an unelected legislature, hinting that replacing it wholesale would be the cleanest fix. That, he argues, “nudges” readers toward ticking the repeal box.

The missing ‘X’ and other red flags

Election handbooks usually display an unmistakable sample mark so voters know how to record approval or rejection. This edition doesn’t. Somchai fears that on referendum day, poorly marked ballots will lead to a spike in spoiled votes and, down the line, furious court petitions. He also points to a curated list of “advantages” of writing an entirely new constitution while glossing over potential risks, costs and delays such a process entails.

Rules the EC cannot bend

Thai law, buttressed by Constitutional Court rulings from previous plebiscites, requires “accurate, comprehensive and balanced” information in any taxpayer-funded campaign. The cabinet likewise instructed every state agency to keep an even hand as it approved nearly ฿9 B for the combined election-referendum exercise. Critics warn that any perception of bias now could snowball into challenges identical to those that dogged the Brexit and Irish divorce votes—cases where courts agreed the state had over-promoted one side, even if they stopped short of voiding results.

Deafening silence—so far—from the commission

Several academic commentators have urged the EC to either issue an immediate clarification or pull the pamphlets from circulation. As of Sunday night, the agency’s website still hosts the same PDF version that sparked the fuss. EC secretary-general Sawang Boonmee has only repeated earlier promises of “full transparency” without addressing Somchai’s four specific complaints.

Why ordinary voters should care

Confusion at the booth: If instructions remain unclear, thousands of ballots could be rejected, skewing the outcome.

Courtroom drama: Any post-poll lawsuit would delay the seating of a new government, reviving memories of 2006 and 2014 when election results were annulled.

Cost overrun: A re-run referendum could add another ฿1 B-2 B to public spending.

Lessons from abroad

International referendums teach one blunt lesson: clarity beats persuasion. Ireland’s 1995 divorce vote and the U.K.’s 2016 Brexit campaign show that perceived bias, even if it does not cancel the result, can erode democratic legitimacy for years. Thailand’s political calendar—crowded with a simultaneous Lower House poll—offers little room for such turbulence.

What happens next?

Somchai has given the EC a short window: retract the booklet, rewrite it in plain, neutral language, and mail the corrected version to every registered voter. If the agency stands pat, legal experts predict a petition to the Constitutional Court within days. The court could order a halt to distribution, demand an addendum, or in an extreme scenario postpone the referendum itself.

Key takeaways for readers in Thailand

• Watch for an official update: a revised booklet or televised clarification may arrive soon.

• When your household guide shows up, check for a proper sample ballot mark—and share the information with elderly relatives who rely heavily on printed instructions.

• Remember: casting a valid vote on 8 Feb means marking one box—either “keep” or “replace” the 2017 constitution—and dropping the ballot into the separate purple referendum box at your polling station.

The debate over a single booklet may seem minor, yet in a referendum where every citizen’s judgment counts exactly once, the neutrality of information is nothing less than the oxygen of democracy.