An Election Commissioner (EC) says people who went to the polls and tore up the ballot could be punished, depending on their intentions.
The EC acting secretary general Boonyakiati Rakchartcharoen said yesterday the EC is working hard to investigate cases of ballot tearing. Many ballots were found to be destroyed unintentionally as some violators did not understand how to cast their vote.
Among 88 offenders nationwide, 60 were arrested for ripping the ballot -- most were elderly people who thought they had to split the ballot in two.
Under article 59 of the referendum law, voters found sabotaging their ballot may face a jail term up to 10 years and a fine up to 20,000 baht.
However, punishment will depend on the violators' intentions, said Mr Boonyakiati, adding that police will be leading the investigation.
Election Commissioner Somchai Srisuthiyakorn said people who intentionally damaged the ballot to make a political statement would face tough consequences, citing a case of a political science lecturer who tore up a ballot in an the 2006 election.
Piyarat Chongthep, president of the For Friends Association and former student activist, was detained after tearing up a ballot at a polling booth in Bangna district.
After tearing the ballot, he shouted "hell to dictators, long live democracy" in protesting against the "undemocratic constitutional referendum" drafting process. His two friends who were filming the protest were also arrested.
He also wrote a letter explaining he did it with a sane mind and "full conscience of a citizen who has been longing and preserving legitimate rights and liberty."
In response to the student's action, Chalee Charoenlapnopparat, chancellor of the Student Affairs Division, said students have the right to express themselves.
On Saturday, two Dao Din student activists, Jatupat Bunpatharaksa, 25, and Vasin Prommanee, 20, were arrested on charges of violating the referendum act after handing out leaflets detailing reasons to vote no, at a market in Chaiyaphum.
Aside from these cases, the bulk of alleged offenders were elderly. The ballot came in two parts, divided by a dashed line indicating where the ballot needed to be torn.
Elderly offenders included Sophon Chutimanon, 75, from Bangkok; Smith Kosalanon, 78, from Pathum Thani; and Muang Hunpakdee, a retire government officer from Kanchanaburi, 89, who all admitted they did not fully understand the voting process.
They were taken to local police stations for further investigation.
Election Commission chairman Supachai Somcharoen said he was satisfied with the vote as many foreign observers found no irregularities or serious disruptions.
Also, more eligible voters turned out at balloting booths than those who voted in the 2007 draft charter, Election commissioner Somchai Srisutthiyakorn said.
But United Front for Democracy against Dictatorship (UDD) chairman Jatuporn Prompan said EC members should quit their roles, as voter turnout was still low, for which they should take responsibility.
Speaking yesterday evening at the UDD office at Imperial Lat Phrao, Mr Jatuporn said the EC was responsible for urging people to cast their votes, but it failed to allow people to express divergent opinions.
He said he was concerned about the way the vote was counted as no observers had been allowed to monitor the activity at polling stations.
Red-shirt leader Nattawut Saikuar applauded people who, out of an appreciation for democracy, plucked up the courage to go against the status quo with their views.
He also called on the government to put an end to limitations of people's rights to freedom of expression.
Former UDD chairwoman Thida Thavornseth said several suspicious voting activities need to be investigated, claiming a polling station in Klong Sam Wa district of Bangkok to be set up in a resident's house.
People filed a complaint that children took their parents' ID cards to cast a vote on behalf of their parents, said Ms Thida, adding the government's exercise of power is in question.
The Election Commission yesterday raced against time to finish their counting of 95% of the votes by midnight.
United Front for Democracy against Dictatorship chairman Jatuporn Prompan and leading members hold a press conference on the vote after polling stations closed. Apichit Jinakul