“Sa-wang” points out that the Prachachon Party, even though its branches are not complete, still has the status of a party because it is within the legal framework that allows it to operate. As for accepting online donations, if it is according to the party regulations, it can be done, but it must comply with the law – donors must not have prohibited characteristics because it risks being in violation and the party being dissolved.
Mr. Saeng Boonmee, Secretary-General of the Election Commission and Registrar of Political Parties, said about the case of a request for the Election Commission to investigate the establishment of a branch of the Thin Ka Khao Chaow Wilai Party, which has now changed to the Prachachon Party, whether in the past there were 4 branches established in each region for a consecutive period of 1 year or not, that according to the law, there are 3 types of political parties.
1. The status of a political party occurs immediately on the day of registration. At that time, the party may not
have a party branch or a full membership. However, the party can immediately carry out various activities, including accepting donations. The party must find no less than 5,000 party members and establish at least one political party branch in each region within a period of 1 year.
2. A party that is complete, meaning it has members and party branches that meet the conditions set by law within a period of 1 year.
3. A party that has already been operating and suddenly has a branch disappear due to various reasons, such as not having enough members, so they request to cancel the party branch. However, the law gives time to set up the missing party branches in all 4 regions within 1 year. In the case of the Thin Ka Khao Chaow Wilai Party, on April 4, 2024, there was a letter informing the registrar of political parties requesting to cancel 3 party branches, leaving only the northern branch in Chiang Mai Province. Since the law gives time to set up all branches within 1 year, that is, within April 3, 2025.
Th
erefore, the political party status still exists. When the Move Forward Party, which the Constitutional Court has ordered to dissolve and its members have moved to the Thin Ka Khao Chaow Wilai Party and changed its name to the Prachachon Party, regardless of whether the party has complete party branches or not, it can still continue its operations. The new party executives who come in must set up party branches to meet the conditions within 1 year that the law allows. Earlier this month, the party has already notified the registrar of the establishment of additional party branches.
‘The registrar of political parties has a duty to control the operation of the party to comply with the law. The registrar will know at all times which parties are increasing or decreasing members, organizing fundraising, or lacking party branches. They will be notified before the deadline, so there is no need to check back,’ said Mr. Saeng.
As for the observation that the People’s Party does not have a party bank account, the re
cipient is not a party, and accepting donations online is illegal, Mr. Sa-wang said that the facts must be considered first. The law stipulates that when a political party receives a donation, it must report to the political party registrar within 15 days. As for the bank accounts of political parties, the bank will not issue a passbook until the political party is announced in the Royal Gazette. In the past, newly established political parties encountered this problem and could not transfer the initial capital to the account. However, the People’s Party changed its name from the Thin Ka Khao Chaow Wilai Party, so it already has a bank account of the original party. The facts must be considered to see whether it accepted donations through this account or why the donations were transferred to an account under another name.
Mr. Saeng also explained that the method of accepting donations is not written in the law. We have to look at how the party regulations are written. If it says that online donations can be
accepted, then it can be done, but it must be done in accordance with the law.
‘When receiving a donation of no less than 5,000 baht, a receipt must be issued to the donor within 7 days as required by law. Each month, the list of donors must be posted for the public to know, including informing the registrar. Importantly, when accepting donations, whether in cash or online, large or small amounts, the party must check the qualifications of the donor to see if they are a person that the law prohibits political parties from accepting donations from, because this carries a penalty of dissolution of the party,’ said Mr. Sa-wang.
When asked if there was any objection to the registrar of political parties accepting the name change to the Prachachon Party, Mr. Sa-wang said that the political party law clearly stipulates the criteria for using the name, abbreviation, and symbol of the political party. The registrar must consider based on the criteria set by the law. He cannot use feelings to make the decision. At p
resent, the party has not yet sent the matter. 314.
Source: Thai News Agency