Voters cast ballots during the commune council elections, in Takhmao town of Kandal province in May 2022. Heng Chivoan
Ahead of the July 23 general election, the National Election Committee (NEC) and the government’s legal team have reiterated stern warnings against those urging voters to invalidate their ballot papers.
This warning primarily targets opposition figures including Sam Rainsy, former president of the long-defunct Cambodia National Rescue Party (CNRP), and ex-CNRP senior lawmaker Mu Sochua, along with their staunch supporters, who have mounted a vigorous campaign encouraging voters to spoil their ballots.
The opposition campaign is founded on claims that the disqualification of the Candlelight Party (CP) from the upcoming election for allegedly failing to submit necessary documentation undermines its legitimacy.
In his July 9 social media post, Rainsy opined: “A null and void vote is the only fair response to a null and void election in Cambodia on July 23, 2023. It’s also a way to collectively call for real elections with the real opposition.”
This post was widely shared via social media, sparking a heated response from the NEC.
In a press release dated July 11, the NEC issued a clear legal warning to such campaigns.
“Those who instruct voters to do so will be penalised in accordance with the law,” it warned.
The NEC cited Article 142 of the election law, which stipulates penalties of between five and 20 million riel ($1,250 and $5,000), along with potential criminal charges, for those encouraging voters to sabotage their ballot papers to undermine confidence in the electoral process and foster confusion about the election.
According to the same article, any person proven guilty of these acts will be removed from the voter list and barred from standing as a candidate for five years.
The NEC statement concluded with an appeal to the public: “Do not be fooled by some ill-intended individuals who try to destroy democracy in Cambodia, destroy your rights and lure you to commit illegal acts.”
It urged voters to ready their documents for the July 23 election.
The government’s legal team also called on eligible voters to cast their votes freely and elect a party that they believe would uphold peace, development and prosperity in Cambodia.
They cautioned voters against succumbing to the opposition group’s calls for disruption.
Their appeal was encapsulated in a July 9 statement, which highlighted that elections are a crucial aspect of a peaceful, democratic Cambodia.
The statement further noted that citizens have the rights to shape their nation’s destiny by electing a representative and a leader from the contesting political parties.
On February 28, King Norodom Sihamoni also encouraged his subjects to exercise their rights to vote for a leader who they believe would champion development and prosperity across all sectors.
Under Article 142 of the recently amended election law, anyone found interfering with the voting process or urging eligible voters to abstain face fines of five to 20 million riel, with the NEC possessing the power to impose additional criminal penalties.
Furthermore, Article 143 allows the NEC to deregister any political party causing disruptions, or levy a fine of 10 to 30 million riel, with additional criminal penalties possible.
Ky Tech, head of the government’s legal team, could not be reached for comment on July 10.
Sam Kuntheamy, executive director of the NGO Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC), acknowledged that not only the legal team but also the King, NEC and other political parties had encouraged public participation. However, he emphasised that it is citizens’ right to decide their preferred political party.
Kuntheamy criticised the opposition group’s call to abstain from voting, labelling it “legally wrong”.
“It is their right to vote for a political party in the voting booth, but instructing them and calling on them to spoil a ballot is legally wrong,” he stated.
NEC spokesman Hang Puthea said the act of preventing or encouraging people not to vote had drawn criticism not just from one institution, but from many within the country.
“Freedom of expression is a cornerstone of a democratic society. The King’s call for citizens to participate in the election has gathered much higher and more valuable support than the calls made by a small group attempting to undermine the electoral process in Cambodia,” he said.
