This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 BANGKOK 002336 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV TH
SUBJECT: RE-RUN ELECTIONS TO BE HELD AMIDST A CLOUD OF 
LITIGATION 
 
REF: (A) BANGKOK 2294 (B) BANGKOK 2156 
 
¶1.  (SBU)  Summary:  The Thai electorate will head for the 
polling booths again on April 23 to try to resolve some 40 
lower house constituencies where no candidates had been able 
to garner more that 20 percent of the votes in single party 
polls in the earlier general elections (and one where the 
single candidate was later disqualified).  The rerun votes 
are being held amid a giant legal scrum of petitions and 
counter-petitions between the Thai Rak Thai (TRT), the 
Election Commission of Thailand (EC), the Democrat Party (DP) 
and the People's Alliance for Democracy (PAD).  While the 
goal of the EC is to resolve all seats to allow Parliament to 
sit, no one is holding their breath -- election officials are 
planning to hold another round on April 30 -- just in case. 
End summary 
 
VIRTUALLY ALL POLLS TO BE HELD IN THE SOUTH 
 
¶2.  (U)  The re-run polls are taking place virtually all in 
the south, where strong support for the opposition DP's 
boycott and deep animosity towards TRT denied the TRT 
candidates their minimum 20 percent of the voters in the 
absence of an opponent.  Apart from Samut Sakhon, near 
Bangkok, the southern provinces where Sunday's polling with 
take place include Songkhla, Chumphon, Narathiwat, Satun, 
Trang, Nakhon Si Thammarat, Pattani, Phang-nga, Pattalung, 
Phuket and Surat Thani.  (Note: Embassy officers will monitor 
the polls in Sognkhla and Samut Prakhon.  End note.) 
 
COURT TURNS DOWN DP BID TO SCRAP ELECTION RE-RUN 
 
¶3.  (U)  In the lead-up to the polls, the interested parties 
are engaged in a flurry of legal suits.  On April 20, the 
Central Administrative Court dismissed the complaint of the 
DP's Deputy Secretary-General against the Election Commission 
for violation of the election law.  In his complaint, Deputy 
Secretary General Thaworn charged that the Election 
 
SIPDIS 
Commission's orders for the registration of candidates to be 
held on April 8-9 and for the election to be re-run on April 
23 were illegal. 
 
¶4.  (U)  In its ruling, the court stated that though Thaworn 
had the right under the Constitution to file lawsuits against 
the Election Commission, the Election Commission's orders on 
candidate registration and election re-run were not 
considered as the exercise of administrative power.  It also 
said this judgment was based on the precedent decision of the 
Constitutional Court, which was final and bound every party, 
including the Administrative Court itself.  For this reason, 
it said, the Administrative Court shall have no authority to 
accept Thaworn,s complaint for consideration. 
 
SOME EC OFFICIALS RESIGN TO PROTEST CENTRAL OFFICE DECISION 
TO ALLOW NEW APPLICANTS TO REGISTER 
 
¶5.  (SBU)  In Songkhla, election directors of 3 
constituencies formerly with single candidate resigned after 
the Election Commission ordered them to conduct another round 
of new candidate registration this week to contest in the 
April 23 polls.  Four other Songkhla EC officials announced 
that they will quit, then changed their minds, the Songkhla 
Election Director told us on April 21. 
 
COURT PETITIONED TO SCRAP ELECTION RE-RUN IN SONGKHLA 
¶6.  (U)  Also in Songkhla, on April 20, members of the DP 
leadership filed an emergency petition with the 
Administrative Court of Songkhla that called for the 
cancellation of the new-round registration of candidates in 
that province as well as for the scrapping of re-run votes 
for 7 stand-alone constituencies.  On the same day 
representatives of the Songkhla PAD, the Teachers, Council 
of Prince of Songkhla University and "the Lovers of Songkhla" 
filed yet another emergency petition with the Administrative 
Court of Songkhla to scrap the re-run polls.  A source to us 
that, following the filing of the petition with the court, 
about 100 members of the Songkhla Lovers Group moved in a 
protest motorcade to the homes of the 4 candidates from small 
political parties who had registered the previous day for the 
re-run vote.    The group also reportedly called for Songkhla 
voters to dress in black when going to the polls and to mark 
the  No Vote, block in their ballots. 
 
THAI RAK THAI OFFICIAL URGES SENATORS LINKED TO PAD RALLIES 
BE DISQUALIFIED 
 
¶7.  (U)  Meanwhile, TRT Deputy Spokesperson Chatuporn 
Phrompan on April 20 called on the EC to disqualify 
successful Senate candidates who had used PAD forums to 
appeal for votes.  Chatuporn criticized Nakhon Ratchasima 
caretaker Senator Kraisak Chunhavan, for publicly alleging 
that at least 170 of the successful candidates have had a 
close tie with Thai Rak Thai (Note:  We have heard 
allegations that over 100 new Senators may have links to 
Thaksin and the TRT, but not 170.  End note)   Chatoporn 
charged that many of the successful candidates were those who 
had used PAD rallies to introduce themselves to the public as 
candidates for the forthcoming Senate election (See ref. b. 
This is a no-no according to Senate election rules, which 
essentially bar Senate candidates from campaigning.)  He 
added that the speeches of those candidates were both 
broadcast live and recorded on VCDs for later distribution to 
the public. 
 
SOUTHERN ELECTION VIOLENCE FEARS 
 
¶8.  (SBU)  The legal turmoil leading up to Sunday's vote is 
occurring amidst increasing concern in Thailand's deep south 
that separatists will mount attacks at the time of the polls. 
 Reportedly, scores of election officials and volunteers have 
tendered resignations for fear of violent attacks by the 
insurgents.  In the Senate elections on the 19th 3 died and 
more than a dozen were injured in what were believed to be 
separatist attacks.  Not surprisingly, election officials and 
volunteers are nervous over prospects of renewed attacks on 
the 23rd. 
 
FINAL RESOLUTION?  DON'T COUNT ON IT 
 
¶9.  (SBU)  Comment:  The upcoming polls will likely catalyze 
another flurry of charges and petitions to the country's 
courts, which will reinforce the current air of uncertainty 
overhanging Thailand's political landscape.  There has been 
no discernible softening of the anti-TRT sentiment among the 
great majority of voters in the country's south.   Not very 
many observers here believe that there will be a clear TRT 
winner in each constituency and a clean path to seating a 
Parliament.  In fact election monitoring officials have told 
us that the EC is contingency planning for another possible 
round of voting on April 30. 
BOYCE