Thailand

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment
  • Source

    "Section 74       No political party shall receive a donation for carrying out its political activities from:

                (1) a person not of Thai nationality;

                (2) a juristic person under the law of a foreign country carrying out its business or activities or having its registered branch in or outside the Kingdom;

                (3) a juristic person registered in the Kingdom consisting of persons not being of Thai nationality who hold share capital or hold more than forty-nine per cent of shares. In the case of a public company limited listed on The Stock Exchange of Thailand, the consideration under this sub-section shall apply the public firm’s shareholder registration book. The shares hold by either anonymous or the representative of anonymous shall be considered shares hold by persons of not being Thai;

                (4) a group of person or juristic person receiving capital or supporting money from a foreign country, and having an objective to carry out any activity for the benefit of persons not being of Thai nationality or having a manager or a member of its executive committee who is not a person of Thai nationality;

                (5) a person, group of person or juristic person receiving a donation with a view to carrying out the activities of a political party or any political activity from a person, group of person or juristic person under (1) (2) (3) or (4);

                (6) a person, group of person or juristic person in the same manner as (1) (2) (3) (4) or (5) prescribed by the Election Commission."

    Source: Section 74, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment
  • Source

    "Section 56       No person not being of Thai nationality shall support an election campaign or commit any act for the benefit of an election in a manner favorable or unfavorable to any candidate or political party except when such act is committed to support a government service or committed honestly in an ordinary course of business of such person."

    Source: Section 56, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 76       No State agency, State enterprises, any other State agency or enterprise of which the State is a major shareholder, shall donate money, property or any other benefit to any political party or participate in activities under Section 64."

    Source: Section 76 paragraph one, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment
  • Source

    "Section 55       No person shall provide the vehicle to bring a voter to a polling place for an election or to take a voter back from a polling place without paying normal fares or wages, to induce or control the voter to cast a vote for any candidate or political party.

    Section 56       No person not being of Thai nationality shall support an election campaign or commit any act for the benefit of an election in a manner favorable or unfavorable to any candidate or political party except when such act is committed to support a government service or committed honestly in an ordinary course of business of such person.

    Section 57       No State official shall, by exercising the function unlawfully, commit any act to be favorable or unfavorable to a candidate or a political party."

    Source: Section 55 paragraph one, Section 56, Section 57 paragraph one, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 72       No political party or any person holding a position in a political party shall receive money, property or any other benefit, if they know, or could be expected to know, that it was acquired illegally, or have reasonable cause to suspect that it was obtained from illegal sources.

    Section 74       No political party shall receive a donation for carrying out its political activities from:

                (1) a person not of Thai nationality;

                (2) a juristic person under the law of a foreign country carrying out its business or activities or having its registered branch in or outside the Kingdom;

                (3) a juristic person registered in the Kingdom consisting of persons not being of Thai nationality who hold share capital or hold more than forty-nine per cent of shares. In the case of a public company limited listed registered with The Stock Exchange of Thailand, the consideration under this sub-section shall apply the public firm’s shareholder registration book. The shares hold by either anonymous or the representative of anonymous shall be considered shares hold by persons of not being Thai;

                (4) a group of person or juristic person receiving capital or supporting money from a foreign country, and having an objective to carry out any activity for the benefit of persons not being of Thai nationality or having a manager or a member of its executive committee who is not a person of Thai nationality;

                (5) a person, group of person or juristic person receiving a donation with a view to carrying out the activities of a political party or any political activity from a person, group of person or juristic person under (1) (2) (3) or (4);

                (6) a person, group of person or juristic person in the same manner as (1) (2) (3) (4) or (5) prescribed by the Election Commission.

    Section 76       No State agency, State enterprises, any other State agency or enterprise of which the State is a major shareholder, shall donate money, property or any other benefit to any political party or participate in activities under Section 64."

    Source: Section 72, Section 74 paragraph 1, Section 76 paragraph 1, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment
  • Source

    "Section 55       No person shall provide the vehicle to bring a voter to a polling place for an election or to take a voter back from a polling place without paying normal fares or wages, to induce or control the voter to cast a vote for any candidate or political party.

    Section 56       No person not being of Thai nationality shall support an election campaign or commit any act for the benefit of an election in a manner favorable or unfavorable to any candidate or political party except when such act is committed to support a government service or committed honestly in an ordinary course of business of such person.

    Section 57       No State official shall, by exercising the function unlawfully, commit any act to be favorable or unfavorable to a candidate or a political party."

    Source: Section 55 paragraph 1, Section 56, Section 57 paragraph 1, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

7. Is there a ban on anonymous donations to political parties?
  • CodeYes, above certain threshold
  • Comment
  • Source

    "Section 64       A political party’s fund-raising activities must be conducted openly and with clear objectives.

                The Leader of the political party shall announce the amount and source of money, property or any other benefit gained from such activities to the public in general. A political party shall also submit a Notification, recording the revenue obtained and the activity, to the Registrar within thirty days after completion of a fund-raising activity.

                The announcement and Notification under paragraph two shall record the names of each donor who supported money, property, or any other benefit valued at one hundred thousand baht (THB 100,000) or more.

    Section 65       Every month, a political party shall announce the names of each donor who supported money, property or any other benefit valued under the provisions of the Election Commission of not less than five thousand baht (THB 5,000) to the public in general with objectives of the donation. A political party shall also notify the Registrar under the forms, rules, procedures, and period prescribed by the Election Commission."

    Source: Sections 64-65, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment

    Only a ban on donations from foreign nationals.

  • Source

    "Section 56       No person not being of Thai nationality shall support an election campaign or commit any act for the benefit of an election in a manner favorable or unfavorable to any candidate or political party except when such act is committed to support a government service or committed honestly in an ordinary course of business of such person.

    Section 57       No State official shall, by exercising the function unlawfully, commit any act to be favorable or unfavorable to a candidate or a political party."

    Source: Sections 56-57, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 74       No political party shall receive a donation for carrying out its political activities from:

                (1) a person not of Thai nationality;

                (2) a juristic person under the law of a foreign country carrying out its business or activities or having its registered branch in or outside the Kingdom;

                (3) a juristic person registered in the Kingdom consisting of persons not being of Thai nationality who hold share capital or hold more than forty-nine per cent of shares. In the case of a public company limited listed registered with The Stock Exchange of Thailand, the consideration under this sub-section shall apply the public firm’s shareholder registration book. The shares hold by either anonymous or the representative of anonymous shall be considered shares hold by persons of not being Thai;

                (4) a group of person or juristic person receiving capital or supporting money from a foreign country, and having an objective to carry out any activity for the benefit of persons not being of Thai nationality or having a manager or a member of its executive committee who is not a person of Thai nationality;

                (5) a person, group of person or juristic person receiving a donation with a view to carrying out the activities of a political party or any political activity from a person, group of person or juristic person under (1) (2) (3) or (4);

                (6) a person, group of person or juristic person in the same manner as (1) (2) (3) (4) or (5) prescribed by the Election Commission.

                Paragraph one shall not apply to the case of a member receiving money, property or any other benefit for non-political activities.

    Section 75       No person, group of person or juristic person under Section 75 shall donate money, property or any other benefit to any political party or its members with a view to carrying out the activities of the political party or any other political activity.

    Section 76       No State agency, State enterprises, any other State agency or enterprise of which the State is a major shareholder, shall donate money, property or any other benefit to any political party or participate in activities under Section 64.

                An enterprise of which the State is a major shareholder under paragraph one means the enterprise in which the State is a partner or holds the largest number of shares when compared with each and all of the other partners or shareholders, or where the proportion is one-third of the controlled partnership stakes or shares or of the total partnership stakes or shares of such enterprise.

                Paragraph one shall apply to temple or other juristic persons having the religious objective and religious organization whether having juristic status or not. The Election Commission has the right to decide the compliance with other juristic persons established for public interest or non-profitable activities."

    Source: Sections 74-76, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source

    "Section 53       Neither candidate nor any person shall commit any act to induce a voter to cast a vote for him or her or another candidate or any political party or to abstain from voting for any candidate or political party by the following means:

                (1) providing, giving, offering, promising to give or preparing to give properties or any other benefits which can be calculated in money value to any person;

                (2) giving, offering or promising to give money, properties or any other benefits whether directly or indirectly to a community, association, foundation, temple, education institution, asylum or any other institution;

                (3) campaigning for an election by organizing an entertainment or other fair;

                (4) treating or promising to treat any person;

                (5) cheating, compelling, threatening, using influence to slandering or inducing the misunderstanding in the popularity of any candidate or political party.

    Section 54       Neither person nor any political party shall ask for or accept properties or any other benefits with a view to applying or not to applying for a candidacy in an election provided that such act is profitable to another candidate or political party in an election and that the election does not proceed in an honest and fair manner. Neither person nor any political party shall apply for a candidacy in an election or nominate its members to stand for election in such a way that helps any other person or political party circumvent the compliance with rules under Section 88.

    Section 55       No person shall provide the vehicle to bring a voter to a polling place for an election or to take a voter back from a polling place without paying normal fares or wages, to induce or control the voter to cast a vote for any candidate or political party.

    Section 56       No person not being of Thai nationality shall support an election campaign or commit any act for the benefit of an election in a manner favorable or unfavorable to any candidate or political party except when such act is committed to support a government service or committed honestly in an ordinary course of business of such person.

    Section 57       No State official shall, by exercising the function unlawfully, commit any act to be favorable or unfavorable to a candidate or a political party.

                The unlawful exercise of function under paragraph one shall not include the performance of duty in an ordinary course of position of such State official or the advice or the assistance in an election of a candidate or a political party which is not relevant to the performance of duties, regardless of whether such act may be favorable or unfavorable to any candidate or political party.

                In the case where there appears convincing evidence of any violation of the provisions of paragraph one, the Election Commission shall, if being of the opinion that any act may be favorable or unfavorable to any candidate or political party, have the power to order such State official to cease or suspend the act thereof. For this purpose, the Election Commission shall notify the superior or the supervisor of such official to order that such official shall vacate the office temporarily or shall attach to any Ministry, Sub-Ministry, Department, Changwat central office or Amphoe office inside or outside the constituency or to prohibit such person to enter into any constituency."

    Source: Sections 53-57, Organic Act on Election of Members of the House of Representatives and Installation of Senators , 2007

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment
  • Source

    "Section 76       No State agency, State enterprises, any other State agency or enterprise of which the State is a major shareholder, shall donate money, property or any other benefit to any political party or participate in activities under Section 64.

                An enterprise of which the State is a major shareholder under paragraph one means the enterprise in which the State is a partner or holds the largest number of shares when compared with each and all of the other partners or shareholders, or where the proportion is one-third of the controlled partnership stakes or shares or of the total partnership stakes or shares of such enterprise."

    Source: Section 76 paragraph one and two, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment
  • Source

    "Section 53       Neither candidate nor any person shall commit any act to induce a voter to cast a vote for him or her or another candidate or any political party or to abstain from voting for any candidate or political party by the following means:

                (1) providing, giving, offering, promising to give or preparing to give properties or any other benefits which can be calculated in money value to any person;

                (2) giving, offering or promising to give money, properties or any other benefits whether directly or indirectly to a community, association, foundation, temple, education institution, asylum or any other institution;

                (3) campaigning for an election by organizing an entertainment or other fair;

                (4) treating or promising to treat any person;

                (5) cheating, compelling, threatening, using influence to slandering or inducing the misunderstanding in the popularity of any candidate or political party.

    Section 54       Neither person nor any political party shall ask for or accept properties or any other benefits with a view to applying or not to applying for a candidacy in an election provided that such act is profitable to another candidate or political party in an election and that the election does not proceed in an honest and fair manner. Neither person nor any political party shall apply for a candidacy in an election or nominate its members to stand for election in such a way that helps any other person or political party circumvent the compliance with rules under Section 88.

    Section 55       No person shall provide the vehicle to bring a voter to a polling place for an election or to take a voter back from a polling place without paying normal fares or wages, to induce or control the voter to cast a vote for any candidate or political party.

    Section 56       No person not being of Thai nationality shall support an election campaign or commit any act for the benefit of an election in a manner favorable or unfavorable to any candidate or political party except when such act is committed to support a government service or committed honestly in an ordinary course of business of such person.

    Section 57       No State official shall, by exercising the function unlawfully, commit any act to be favorable or unfavorable to a candidate or a political party.

                The unlawful exercise of function under paragraph one shall not include the performance of duty in an ordinary course of position of such State official or the advice or the assistance in an election of a candidate or a political party which is not relevant to the performance of duties, regardless of whether such act may be favorable or unfavorable to any candidate or political party.

                In the case where there appears convincing evidence of any violation of the provisions of paragraph one, the Election Commission shall, if being of the opinion that any act may be favorable or unfavorable to any candidate or political party, have the power to order such State official to cease or suspend the act thereof. For this purpose, the Election Commission shall notify the superior or the supervisor of such official to order that such official shall vacate the office temporarily or shall attach to any Ministry, Sub-Ministry, Department, Changwat central office or Amphoe office inside or outside the constituency or to prohibit such person to enter into any constituency."

    Source: Sections 53-57, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment
  • Source

    "Section 76       No State agency, State enterprises, any other State agency or enterprise of which the State is a major shareholder, shall donate money, property or any other benefit to any political party or participate in activities under Section 64.

                An enterprise of which the State is a major shareholder under paragraph one means the enterprise in which the State is a partner or holds the largest number of shares when compared with each and all of the other partners or shareholders, or where the proportion is one-third of the controlled partnership stakes or shares or of the total partnership stakes or shares of such enterprise.

                Paragraph one shall apply to temple or other juristic persons having the religious objective and religious organization whether having juristic status or not. The Election Commission has the right to decide the compliance with other juristic persons established for public interest or non-profitable activities."

    Source: Section 76, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for both natural and legal persons
  • Comment
  • Source

    "Section 66       No person shall donate money, property or any other benefit exceeding ten million baht (THB 10,000,000) per year to one political party. In case of a juristic person, the donation of money, property or any other benefit, to either one political party or more, shall not be exceeding five million baht (THB 5,000,000) per year. That juristic person shall notify the shareholder’s quorum by the next meeting after donation.

                No political party shall receive a donation of money, property or any other benefit exceeding to the amount under paragraph one."

    Source: Section 66, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • CodeNot exceeding ten million baht (THB 10,000,000) for natural persons per year to one political party | Not exceeding five million baht (THB 5,000,000) per year, either one political party or more
  • Comment
  • Source

    "Section 66       No person shall donate money, property or any other benefit exceeding ten million baht (THB 10,000,000) per year to one political party. In case of a juristic person, the donation of money, property or any other benefit, to either one political party or more, shall not be exceeding five million baht (THB 5,000,000) per year. That juristic person shall notify the shareholder’s quorum by the next meeting after donation.

                No political party shall receive a donation of money, property or any other benefit exceeding to the amount under paragraph one."

    Source: Section 66, Organic Act on Political Parties ,2017 (Unofficial translation by the researcher)

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • Source

    "Section 68       Under the provisions of Section 65 and Section 67, from the proclamation of the Election Decree to the Election Day, any candidate receiving money, property or any other benefit totally valued at not exceeding ten thousand baht (THB 10,000) per day, of which the donor intends to support the political activities of candidate and political party including election campaign, shall notify the Election Commission within seven days after donation as prescribed by the Election Commission.

                Where the object acquired under paragraph one is not transferable to political party or perishable, a candidate shall notify political party to record value of that object as expenditure in election campaign.

                In case a candidate suspects that the qualification of money, property or any other benefit is deemed benefit of political activities of political party or election campaign under paragraph one or object under paragraph two, a candidate shall submit the case to the Election Commission. The Election Commission must decide within fifteen days after notification."

    Source: Section 68, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source

    "Section 68       Under the provisions of Section 65 and Section 67, from the proclamation of the Election Decree to the Election Day, any candidate receiving money, property or any other benefit totally valued at not exceeding ten thousand baht (THB 10,000) per day, of which the donor intends to support the political activities of candidate and political party including election campaign, shall notify the Election Commission within seven days after donation as prescribed by the Election Commission.

                Where the object acquired under paragraph one is not transferable to political party or perishable, a candidate shall notify political party to record value of that object as expenditure in election campaign.

                In case a candidate suspects that the qualification of money, property or any other benefit is deemed benefit of political activities of political party or election campaign under paragraph one or object under paragraph two, a candidate shall submit the case to the Election Commission. The Election Commission must decide within fifteen days after notification."

    Source: Section 68, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source
21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment
  • Source

    There is a limit in Section 66 as quoted in Q11

     

    "Section 66       No person shall donate money, property or any other benefit exceeding ten million baht (THB 10,000,000) per year to one political party. In case of a juristic person, the donation of money, property or any other benefit, to either one political party or more, shall not be exceeding five million baht (THB 5,000,000) per year. That juristic person shall notify the shareholder’s quorum by the next meeting after donation.

                No political party shall receive a donation of money, property or any other benefit exceeding to the amount under paragraph one."

    Source: Section 66, Organic Act on Political Parties ,2017(Unofficial translation by the researcher)

22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source

    "Section 68       Under the provisions of Section 65 and Section 67, from the proclamation of the Election Decree to the Election Day, any candidate receiving money, property or any other benefit totally valued at not exceeding ten thousand baht (THB 10,000) per day, of which the donor intends to support the political activities of candidate and political party including election campaign, shall notify the Election Commission within seven days after donation as prescribed by the Election Commission.

                Where the object acquired under paragraph one is not transferable to political party or perishable, a candidate shall notify political party to record value of that object as expenditure in election campaign.

                In case a candidate suspects that the qualification of money, property or any other benefit is deemed benefit of political activities of political party or election campaign under paragraph one or object under paragraph two, a candidate shall submit the case to the Election Commission. The Election Commission must decide within fifteen days after notification."

    Source: Section 68, Organic Act on Political Parties Act, 2017 (Unofficial translation by the researcher)

23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment
  • Source

    "Section 62       A political party may receive revenue from the following sources:

                (3) proceeds from the sale of political party products or services;

                (4) money, property or any other benefit, derived from the political party’s fund-raising activities;"

    Source: Section 62 (3) (4), Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Source: Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007 and Organic Act on Political Parties, 2017

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Source: Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment
  • Source

    Source: Government Procurement and Supplies Management Act, 2017

27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
  • Source

    Source: Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007 and Organic Act on Political Parties, 2017

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly
  • Comment
  • Source

    "Section 62       A political party may receive revenue from the following sources:

                (1) contributions under Section 9 paragraph two

                (2) fees and political party subscriptions as prescribed by the political party’s regulations;

                (3) proceeds from the sale of political party products or services;

                (4) money, property or any other benefit, derived from the political party’s fund-raising activities;

                (5) money, property or any other benefit of financial value, derived from donations;

                (6) subsidies from the Fund for Development of Political Parties;

                (7) accruements and revenue, derived from the political party’s money, property or any other benefit;

                The acquisition of (2) (3) (4) and (5) shall be issued receipt or evidence of receiving in the form of letter provided by the Election Commission.

                The sale of political party products and services under (3) and the political party’s fund-raising activities under (4) shall be under the rules and procedures prescribed by the Election Commission.

                The revenue of political party shall not be used for purposes beyond the operation of political party.

    Section 81       Within thirty days after the end of a fiscal year, the Election Commission shall prescribe the allocation of subsidy to political parties for the next fiscal year..."

    Source: Sections 62, 81, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeShare of votes in previous election
  • Comment
  • Source

    "Section 83       The subsidy of political parties under Section 81 shall be distributed annually to the following rules:

                (1) Subsidy under Section 81 (1) shall be allocated by the indication of intent in an annual personal income tax;

                (2) Forty per cent (40%) of total amount of the subsidy apart from (1) shall be allocated by the amount of subscription fees in proportion between the amount of subscription fees all political parties gained in the previous year and the amount of subscription fees a political party gained in the previous year with the exception that the amount of allocation shall not exceed the aggregate a political party gained from its member in the previous year;

                (3) Forty per cent (40%) of total amount of the subsidy apart from (1) shall be allocated by, for the first year, the number of nationwide vote casts obtained in the previous election in proportion between the aggregate of votes obtained by all political parties and the aggregate of votes a political party obtained. For the following years, the subsidy shall be allocated in proportion between the aggregate of subsidy all political parties acquired under Section 79 and the aggregate subsidy a political party acquired;

                (4) Twenty per cent (20%) of total amount of the subsidy apart from (1) shall be allocated by the number of branches of political party in proportion between the number of branches of all political parties of the previous year and the number of branches that a political party has;

                (5) In regard to convene the re-election as a consequence of conduct of member from any political party, once the limit of allocation under (1) (2) (3) and (4) has been clearly identified, the Election Commission shall compensate the Fund by cutting off subsidy to political party and remit it to the Fund. Where the Court has decided the acquittal or less responsibility of the accused, the Executive Committee of the Fund shall compensate according to the rules and procedures prescribed by the Election Commission. Where allocated money is not sufficient, the Executive Committee of the Fund shall pay until the end. Political party has the right to reclaim from member.

                Where a political party which has received a subsidy has not complied with Section 23 and where a political party has failed to follow the Notification, the Election Commission may cut off that subsidy prescribed the rules and procedures.

                Balance from allocation shall be remitted to the Fund."

    Source: Section 83, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received | Other
  • Comment
  • Source

    "Section 83       The subsidy of political parties under Section 81 shall be distributed annually to the following rules:

                (1) Subsidy under Section 81 (1) shall be allocated by the indication of intent in an annual personal income tax;

                (2) Forty per cent (40%) of total amount of the subsidy apart from (1) shall be allocated by the amount of subscription fees in proportion between the amount of subscription fees all political parties gained in the previous year and the amount of subscription fees a political party gained in the previous year with the exception that the amount of allocation shall not exceed the aggregate a political party gained from its member in the previous year;

                (3) Forty per cent (40%) of total amount of the subsidy apart from (1) shall be allocated by, for the first year, the number of nationwide vote casts obtained in the previous election in proportion between the aggregate of votes obtained by all political parties and the aggregate of votes a political party obtained. For the following years, the subsidy shall be allocated in proportion between the aggregate of subsidy all political parties acquired under Section 79 and the aggregate subsidy a political party acquired;

                (4) Twenty per cent (20%) of total amount of the subsidy apart from (1) shall be allocated by the number of branches of political party in proportion between the number of branches of all political parties of the previous year and the number of branches that a political party has;

                (5) In regard to convene the re-election as a consequence of conduct of member from any political party, once the limit of allocation under (1) (2) (3) and (4) has been clearly identified, the Election Commission shall compensate the Fund by cutting off subsidy to political party and remit it to the Fund. Where the Court has decided the acquittal or less responsibility of the accused, the Executive Committee of the Fund shall compensate according to the rules and procedures prescribed by the Election Commission. Where allocated money is not sufficient, the Executive Committee of the Fund shall pay until the end. Political party has the right to reclaim from member.

                Where a political party which has received a subsidy has not complied with Section 23 and where a political party has failed to follow the Notification, the Election Commission may cut off that subsidy prescribed the rules and procedures.

                Balance from allocation shall be remitted to the Fund."

    Source: Section 83, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending | Ongoing party activities
  • Comment
  • Source

    "Section 84       Money allocated under Section 83 shall be used for election campaign, political activities of political party, its branches, and delegations in each province under Section 23, the development of political party and the virtue and quality of its members, the promotion of knowledge about the democratic form of government with the King as Head of State, and any other activities prescribed by the Election Commission. After using for these activities, political party shall report the Election Commission every three months since the first day of allocation. No subsidy shall be spent under Section 88."

    Source: Section 84 paragraph one, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment
  • Source

    "Section 86       The Election Commission shall allocate airtime to every political party which has a candidate elected as a member of the House of Representatives. In allocating such airtime, consideration will be given to the number of each political party’s members in the House of Representatives, in order that each political party may take action under Section 23 or report its activities once a year or more free of charge under the rules and procedures prescribed by the Election Commission.

                State radio and television stations shall allocate airtime as prescribed by the Election Commission."

    Source: Section 86, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeShare of seats
  • Comment
  • Source

    'Section 86       The Election Commission shall allocate airtime to every political party which has a candidate elected as a member of the House of Representatives. In allocating such airtime, consideration will be given to the number of each political party’s members in the House of Representatives, in order that each political party may take action under Section 23 or report its activities once a year or more free of charge under the rules and procedures prescribed by the Election Commission.

                State radio and television stations shall allocate airtime as prescribed by the Election Commission."

    Source: Section 86, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment

    Only for parties, not for candidates specifically

  • Source

    "Section 59       The Election Commission shall determine the rules governing the operations of the State to support an election in the following matters:

                (4) prescribing rules and time for a political party to run an election campaign through the radio and television broadcasting or to be on air through the radio and television broadcasting which shall afford equal opportunities to every political party;"

    Source: Section 59 (4), Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • Comment
  • Source

    "Section 63       The revenue and property received by a political party under this Organic Act shall be exempt from taxation under the Revenue Code."

    Source: Section 63, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

    "Section 59       The Election Commission shall determine the rules governing the operations of the State to support an election in the following matters:

                (1) providing places for posting up notices and a posters relating to the election in the area of a public place owned by the State, sufficiently and equally for the purpose of an election campaign, to every candidate and every political party;

                (2) publishing and circulating documents relating to the election and candidates to voters;

                (3) providing places for candidates to run an election campaign equally. In this connection, the State may provide any entertainment or other activity to persuade the voters to attend such election campaign but such provisions shall not be engaged in supporting a particular candidate or political party;

                (4) prescribing rules and time for a political party to run an election campaign through the radio and television broadcasting or to be on air through the radio and television broadcasting which shall afford equal opportunities to every political party;

                (5) State supports in other activities as prescribed by the Election Commission.

                To assure the good order of an election, the Election Commission shall determine and publish regulations relating to the practice or prohibitions to be observed during an election in the Royal Gazette."

    Source: Section 59, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment
  • Source

    Source: Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

    Source: Organic Act on Political Parties, 2017

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment
  • Source

    "Section 53       Neither candidate nor any person shall commit any act to induce a voter to cast a vote for him or her or another candidate or any political party or to abstain from voting for any candidate or political party by the following means:

                (1) providing, giving, offering, promising to give or preparing to give properties or any other benefits which can be calculated in money value to any person;

                (2) giving, offering or promising to give money, properties or any other benefits whether directly or indirectly to a community, association, foundation, temple, education institution, asylum or any other institution;

                (3) campaigning for an election by organizing an entertainment or other fair;

                (4) treating or promising to treat any person;

                (5) cheating, compelling, threatening, using influence to slandering or inducing the misunderstanding in the popularity of any candidate or political party."

    Source: Section 53, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment
  • Source

    "Number 4       A candidate shall not pay in an election on a constituency basis an amount exceeding one million five hundred thousand baht (THB 1,500,000).

    Number 5       A political party shall not pay in an election on a proportional basis an amount exceeding the calculation of the number of party list candidates multiply with the amount mentioned in Number 4.

                The expenditure of party list candidates in an election shall be included in political party’s expenditure not exceeding the amount in paragraph one."

    Source: Number 4-5, The Election Commission Regulation on Expenditure in the Election of Members of the House of Representatives, 2011

40. If there are limits on the amount a political party can spend, what is the limit?
  • Code THB 1,500,000 x The number of party list candidates per a political party per election
  • Comment
  • Source

    "Number 4       A candidate shall not pay in an election on a constituency basis an amount exceeding one million five hundred thousand baht (THB 1,500,000).

    Number 5       A political party shall not pay in an election on a proportional basis an amount exceeding the calculation of the number of party list candidates multiply with the amount mentioned in Number 4.

                The expenditure of party list candidates in an election shall be included in political party’s expenditure not exceeding the amount in paragraph one."

    Source: Number 4-5, The Election Commission Regulation on Expenditure in the Election of Members of the House of Representatives, 2011

41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment
  • Source

    "Number 4       A candidate shall not pay in an election on a constituency basis an amount exceeding one million five hundred thousand baht (THB 1,500,000)."

    Source: Number 4, The Election Commission Regulation on Expenditure in the Election of Members of the House of Representatives, 2011

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code Not exceeding THB 1,500,000
  • Comment
  • Source

    "Number 4       A candidate shall not pay in an election on a constituency basis an amount exceeding one million five hundred thousand baht (THB 1,500,000)."

    Source: Number 4, The Election Commission Regulation on Expenditure in the Election of Members of the House of Representatives, 2011

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeYes, spending limit for party/candidate includes spending by other on their behalf
  • Comment
  • Source

    "Section 50

    A candidate or a political party shall not pay in an election an amount exceeding the amount of expenditure determined under paragraph one. Such expenditure shall include all money or any other property paid or promised to pay by any person on behalf of the candidate or the political party or offered to be used for the purpose of the election campaigns without remuneration with the consent of such candidate or political party. In the case of offering for use of property, the calculation shall be carried out in accordance with the rate of normal rent or remuneration in such locality."

    Source: Section 50 paragraph three, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeYes, for political parties | Yes, for candidates | Yes, for third parties
  • Comment
  • Source

    "Section 60       Under Section 59, no candidate, political party or person shall post up any notice and poster relating to an election at a public place owned by the State or at a private place, run an election campaign through the radio or television broadcasting or perform other activities which the Election Commission prescribes that it shall be supported by the State."

    Source: Section 60 paragraph 1, Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Source: Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

    Source: Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment
  • Source

    "Section 84       Money allocated under Section 83 shall be used for election campaign, political activities of political party, its branches, and delegations in each province under Section 23, the development of political party and the virtue and quality of its members, the promotion of knowledge about the democratic form of government with the King as Head of State, and any other activities prescribed by the Election Commission. After using for these activities, political party shall report the Election Commission every three months since the first day of allocation. No subsidy shall be spent under Section 88.

                For the benefit of the operation, a political party shall submit the details of spending to the Registrar prior to formal submission. Where the spending is not in accordance with the paragraph one, the Registrar shall notify political party.

                The Election Commission has the right to decide whether a political party shall spend subsidy proportionally or not.

                A political party shall not spend money allocated under paragraph one for the sake of the party administration or hiring the personnel or other activities in the same manner prescribed by the Election Commission except the case of allocation under Section 83 (4). That expenditure must be for the purpose of branch administration of political party.

                The Office of Election Commission shall monitor and evaluate the subsidy allocated under paragraph one as prescribed in the rules and procedures of the Election Commission."

    Source: Section 84, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    "Section 52       Within ninety days as from the date of the announcement of the result of election, each candidate and the political party list nominating candidates shall submit income and expenditure accounts prepared by the Leader and certified by the candidate or the Leader of the political party, as the case may be, to the Election Commission. The income and expenditure accounts shall at least contain the particulars on all the paid expenses and the outstanding payment including the relevant accurate and complete evidence." (amended by Section 24)

    Source: Section 52, Organic Act on Election of Members of the House of Representatives and Installation of Senators (Second Amendment), 2011

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    "Section 52       Within ninety days as from the date of the announcement of the result of election, each candidate and the political party list nominating candidates shall submit income and expenditure accounts prepared by the Leader and certified by the candidate or the Leader of the political party, as the case may be, to the Election Commission. The income and expenditure accounts shall at least contain the particulars on all the paid expenses and the outstanding payment including the relevant accurate and complete evidence." (amended by Section 24)

    Source: Section 52, Organic Act on Election of Members of the House of Representatives and Installation of Senators (Second Amendment), 2011

50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment
  • Source

    Source: Organic Act on Election of Members of the House of Representatives and Installation of Senators, 2007 and Organic Act on Political Parties, 2017

51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment
  • Source

    "Section 52       Within ninety days as from the date of the announcement of the result of election, each candidate and the political party list nominating candidates shall submit income and expenditure accounts prepared by the Leader and certified by the candidate or the Leader of the political party, as the case may be, to the Election Commission. The income and expenditure accounts shall at least contain the particulars on all the paid expenses and the outstanding payment including the relevant accurate and complete evidence.

                After the verification of the particulars of expenses by the Election Commission under paragraph one, the Election Commission shall announce the result of such verification of expenses in accordance with the rules and procedure prescribed by the Election Commission.

                In the case where there is a petition that any candidate or any political party has paid in an election exceeding the amount of expenditure prescribed by the Election Commission, such particulars of expenses and the relevant evidence shall be kept until the Election Commission has completed the procedure."

    Source: Section 52, Organic Act on Election of Members of the House of Representatives and Installation of Senators (First and Second Amendment), 2007 and 2011

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment
  • Source

    "Section 65       Every month, a political party shall announce the names of each donor who supported money, property or any other benefit valued under the provisions of the Election Commission of not less than five thousand baht (THB 5,000) to the public in general with objectives of the donation. A political party shall also notify the Registrar under the forms, rules, procedures, and period prescribed by the Election Commission."

    Source: Section 65 paragraph one, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment
  • Source

    "Section 59       The accounts of a political party and its branches shall consist of a(n):

                (1) journal showing revenue, funds received and expended;

                (2) record of donations;

                (3) ledger;

                (4) account showing assets and liabilities.

                The posting of account entries under paragraph one must be accompanied by details and supporting documentation within the timeline prescribed by the Election Commission.

    Section 60       A political party must close its accounts by the last day each calendar year.

                In closing its accounts, it shall prepare financial statements which, at a minimum, consist of a balance sheet and statements of receipt and expenditure;

                A balance sheet must contain particulars of the political party’s assets, liabilities and funds. It must clearly states sources of revenue under Section 62 as well as the expenditure in political party operations, especially electoral expenses, and other details as prescribed by the Election Commission.

                The financial statement must be audited and certified by an authorized auditor."

    Source: Sections 59-60, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment
  • Source

    "Section 59       The accounts of a political party and its branches shall consist of a(n):

                (1) journal showing revenue, funds received and expended;

                (2) record of donations;

                (3) ledger;

                (4) account showing assets and liabilities.

                The posting of account entries under paragraph one must be accompanied by details and supporting documentation within the timeline prescribed by the Election Commission.

    Section 60       A political party must close its accounts by the last day each calendar year.

                In closing its accounts, it shall prepare financial statements which, at a minimum, consist of a balance sheet and statements of receipt and expenditure;

                A balance sheet must contain particulars of the political party’s assets, liabilities and funds. It must clearly states sources of revenue under Section 62 as well as the expenditure in political party operations, especially electoral expenses, and other details as prescribed by the Election Commission.

                The financial statement must be audited and certified by an authorized auditor."

    Source: Sections 59-60, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment
  • Source

    "Section 77       For the purpose of the proceeding of donation of money, property or any other benefit to the political party under this Organic Act, the Election Commission shall have powers to prescribe any necessary measures and procedures in order that donation to political party shall be due process of law, transparent and verifiable. The Election Commission shall also have duties in verifying any donation to political party as well as powers to issue an order laying the groundwork for the operation of political party.

                A political party has duty to comply with the Election Commission’s order."

    Source: Section 77, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeEMB | Auditing agency | Other
  • Comment

    Other = Bank of Thailand, other legalized financial institution, other State organizations related to intelligence

  • Source

    For EMB:

    "Section 77       For the purpose of the proceeding of donation of money, property or any other benefit to the political party under this Organic Act, the Election Commission shall have powers to prescribe any necessary measures and procedures in order that donation to political party shall be due process of law, transparent and verifiable. The Election Commission shall also have duties in verifying any donation to political party as well as powers to issue an order laying the groundwork for the operation of political party.

                A political party has duty to comply with the Election Commission’s order."

    Source: Section 77, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

    For auditing agency and other:

    "Section 32       For purposes of the operation in accordance with its powers and duties to proceed the election in an honest and fair manner, and due to process of law, the Election Commission may request that the following actions be taken:

                (1) That the Office of the Auditor-General of Thailand, or a licensed auditor approved by the Election Commission, audit financial accounts of political parties, and may also do so in urgency during the during the period of time when there is an election;

                (2) That when there appears to be reasonable evidence that an offense has been committed or that there has been a violation of the Organic Act on the Election and Political Parties, the Anti-Money Laundering Office notify the Election Commission of the reports of transactions of political parties, persons holding positions in a political party, or of candidates in an election as notified by the Election Commission; or that the Bank of Thailand or commercial banks under the Commercial Banking Acts, or other financial institutions, make a Notification of the transfers or withdrawals of payments involved in such cases, as requested by the Election Commission, and in this regard, such notification shall be made within the period of time prescribed by the Election Commission, and no provisions of the law prohibiting any agencies from disclosing proprietary information shall be applied to the reporting of information requested by the Election Commission.

                (3) That all State organizations related to intelligence shall provide useful information upon request. The Election Commission shall employ this information for the purpose of investigation or prevention of misconduct in compliance with the duties and powers of the Commission…"

    Source: Section 32 paragraph (1) (2) (3), Organic Act on the Election Commission, 2017 (Unofficial translation by the researcher)

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Carry out investigation | Request additional information from potential violator | Request additional information from others | Impose sanctions
  • Comment
  • Source

    Refer for investigation:

    "Section 92         The Election Commission shall file a motion with the Constitutional Court when there appears to be reasonable evidence that the political party has violated the following actions:

                (1) an act to overthrow the democratic regime of government with the King as Head of State or to gain power in the administration of the State by unconstitutional means, or an act which the constitution considers as intended to gain such power;

                (2) an act which may be harmful to the democratic regime of Government with the King as Head of State under the Constitution;

                (3) an act in violation of Section 20 paragraph two, Section 28, Section 30, Section 36, Section 44, Section 45, Section 46, Section 72, or Section 74;

                (4) having reasonable legal cause of dissolution as provided by law."

    Source: Section 92, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

    Carry out investigation and Request additional information from potential violator:

    "Section 41       When there appears to be reasonable evidence that an offense has been committed, whether there is a complainant or not, or that there has been a violation of the Organic Act on the Election and Political Parties, or of the proceeding of the election in an honest and fair manner, or of wrongfully act by law, the Election Commission shall have a duty to investigate or examine in order to immediately convene a fact-finding. When there appears to investigate no misconduct, the Election Commission may issue an order terminating the case, or it may file a complaint in court as soon as possible when there appears to prove the accused correctly. If necessary, the Election Commission may temporarily suspend the right to stand for election of the accused.

    Section 42       An Election Commissioner shall have the powers to investigate, examine or file a complaint in court under Section 41..."

    Source: Section 41 paragraph one and Section 42 paragraph one, Organic Act on the Election Commission, 2017 (Unofficial translation by the researcher)

    Request additional information from others:

    "Section 32       For purposes of the operation in accordance with its powers and duties to proceed the election in an honest and fair manner, and due to process of law, the Election Commission may request that the following actions be taken:..."

    Source: Section 32 paragraph one, Organic Act on the Election Commission, 2017 (Unofficial translation by the researcher)

    Impose sanctions:

    "Section 41       When there appears to be reasonable evidence that an offense has been committed, whether there is a complainant or not, or that there has been a violation of the Organic Act on the Election and Political Parties, or of the proceeding of the election in an honest and fair manner, or of wrongfully act by law, the Election Commission shall have a duty to investigate or examine in order to immediately convene a fact-finding. When there appears to investigate no misconduct, the Election Commission may issue an order terminating the case, or it may file a complaint in court as soon as possible when there appears to prove the accused correctly. If necessary, the Election Commission may temporarily suspend the right to stand for election of the accused."

    Source: Section 41 paragraph one, Organic Act on the Election Commission, 2017 (Unofficial translation by the researcher)

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Forfeiture | Loss of public funding | Deregistration of party | Loss of nomination of candidate | Suspension of political party
  • Comment
  • Source

    Fines, Prison, Loss of nomination of candidate:

    Section 106      Any Leader, Registrar or Treasurer of the political party who fails to comply with…Section 64 paragraph two or three or Section 71 shall be liable for a fine not exceeding fifty thousand baht (THB 50,000) and one thousand baht (THB 1,000) per day until the conduct is corrected.

    Section 121     Any political party who fails to comply with the Election Commission’s order under Section 57 paragraph two or Section 77 paragraph two shall be liable for a fine not exceeding fifty thousand baht (THB 50,000) and one thousand baht (THB 1,000) per day until the conduct is corrected.

    Section 122     Any person who fails to comply with Section 58, Section 60, Section 62 paragraph 2 or paragraph 3, Section 65, Section 67 or Section 68 paragraph one shall be liable for a fine not exceeding fifty thousand baht (THB 50,000) and one thousand baht (THB 1,000) per day until the conduct is corrected.

    Section 123     Any political party who fails to comply with Section 64 paragraph one shall be liable for a fine not exceeding one hundred thousand baht (THB 100,000).

    Section 124     Any person who fails to comply with Section 66 paragraph one shall be liable for an imprisonment for a term not exceeding five years or a fine not exceeding one hundred thousand baht (THB 100,000), or both, and the Court shall order disfranchisement for a period of five years.

                    In case the violator of paragraph one is juristic person, where misconduct derived from an order or a deed of the person who is holding responsibility of administration of that juristic entity, the Court shall order disfranchisement of the person who is holding responsibility of such juristic entity.

    Section 125     Any political party donating money, property or any other benefit over the value described in Section 66 paragraph two shall be liable for a fine of not exceeding one million baht (THB 1,000,000), and the Court shall order disfranchisement for a period of five years. Any exceeding money, property or any other benefit shall be remitted to the Fund.

    Section 126     Any person holding a position in the political party who violates Section 72 shall be liable for an imprisonment not exceeding three years and a fine of not exceeding sixty thousand baht (THB 60,000) or both, and the Court shall order disfranchisement.

    Section 127     Any person who violates Section 73 shall be liable for an imprisonment of a term of two to five years or a fine of forty thousand baht (THB 40,000) to two hundred thousand baht (THB 200,000) or both, and the Court shall order disfranchisement for a period of five years.

    Section 128     Any member who violates Section 74 or any person who violates Section 75 or Section 76 shall be liable for an imprisonment for a term of not exceeding ten years or a fine of not exceeding two hundred thousand baht (THB 200,000) or both.

                In case the violator of paragraph one is juristic person, where misconduct derived from an order or a deed of the person who is holding responsibility of administration of that juristic entity, the Court shall order disfranchisement of the person who is holding responsibility of such juristic entity.

    Section 129     Any political party who fails to report under Section 84 paragraph one shall be liable for a fine not exceeding five hundred thousand baht (THB 500,000).

    Section 130     Any political party who wrongfully submits the report under Section 84 paragraph one shall be liable for a fine nor exceeding five hundred thousand baht (THB 500,000).

    Section 131     Any political party who fails to comply with Section 84 paragraph three or four shall be liable for a fine of five times of the total amount of money wrongfully spent. Where the misconduct has been repeatedly committed, the Court shall issue an order disfranchisement of the Leader and Executive Committee member.

    Section 132     Any Leader, Executive Committee member, and Treasurer of the political party who intentionally agrees with other persons to spend money or property for self-interest or other’s interest or any misdeed violating Section 87 paragraph one shall be liable for an imprisonment for a term of five to ten years or a fine of one hundred thousand baht (THB 100,000) to two hundred thousand baht (THB 200,000) or both.

    Section 133     Any political party who fails to comply with Section 87 paragraph 2 or wrongfully uncover the expenditure on advertisement of the political activities shall be liable for a fine not exceeding five hundred thousand baht (THB 500,000), and the Court shall order disfranchisement for a period of five years. Disfranchisement shall also apply to any Executive Committee member, who is assigned and failed to comply with Section 87 paragraph two.

    Section 134     Any person who fails to comply with Section 88 paragraph one in spending money, property or any other benefit shall be liable for an imprisonment for a term not exceeding five years or a fine not exceeding one hundred thousand baht (THB 100,000) or both, and the Court shall order disfranchisement.

    Section 135     Any member holding the status as a member of the House of Representatives who violates Section 88 paragraph two shall be liable for the punishment as described in Section 149 of the Criminal Code.

    Section 136     Any Executive Committee member who fails to comply with Section 89 shall be liable for an imprisonment for a term not exceeding three months or a fine not exceeding five thousand baht (THB 5,000), or both."

    Source: Sections 106, 121-136, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

    Forfeiture, Loss of public funding:

    "Section 85      In case the Registrar considers the expenditure of a political party not compliance with Section 84 or not benefit to political activities of a political party, the Registrar, by the approval of the Election Commission, shall notify a political party of the adjustment of the expenditure for the next year. The Election Commission may also forfeit or truncate the subsidy under Section 83 for the next year."

    Source: Section 85 paragraph one, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

    Deregistration of party:

    "Section 92     The Election Commission shall file a motion with the Constitutional Court when there appears to be reasonable evidence that the political party has violated the following actions:

                (1) an act to overthrow the democratic regime of government with the King as Head of State or to gain power in the administration of the State by unconstitutional means, or an act which the constitution considers as intended to gain such power;

                (2) an act which may be harmful to the democratic regime of Government with the King as Head of State under the Constitution;

                (3) an act in violation of Section 20 paragraph two, Section 28, Section 30, Section 36, Section 44, Section 45, Section 46, Section 72, or Section 74;

                (4) having reasonable legal cause of dissolution as provided by law.

                If the Constitutional Court considers that the circumstance applies to the political party as described in paragraph one, the Court shall issue an order dissolving the political party as well as repealing the Executive Committee member’s right to stand for election."

    Source: Section 92, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

    Suspension of political party:

    "Section 93

    Where there appears appropriate, the Constitutional Court shall issues and order to suspend the political activities temporarily according to the motion filed by the Election Commission, the Registrar, or Attorney-General case by case."

    Source: Section 93 paragraph three, Organic Act on Political Parties, 2017 (Unofficiall translation by the researcher)

Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.