Opposition leader Sam Rainsy said Tuesday he will push the seat-allocation formula controversy to the Constitutional Council, but said it really is a question that should be addressed by the international community.
Diplomats contacted Tuesday, however, indicated little desire to get involved in what they see as a confusing, internal matter.
Meanwhile, minutes of a May 29 meeting of the National Election Committee surfaced, but reflected no specific discussion or vote on the critical change in the formula to allocate seats in the National Assembly.
At issue is a key swing of five Assembly seats. Based on the first formula which appeared in NEC regulations at least as late as May 25, the CPP would have won only 59 seats in the 122-seat parliament. Under a second formula, which began appearing in NEC regulations dated May 29, the CPP wins 64 seats, or an absolute majority.
The electoral law passed by the National Assembly last December required only the “greatest average” formula be used to allocate seats. Political experts say both formulas fit that definition.
An Assembly staff member now is poring through more than 1,000 pages of transcripts to see if a specific formula was agreed upon by the lawmakers.
The NEC has decided not to rule on the controversy. So Sam Rainsy or another party must now file a complaint to the Constitutional Council, charged with handling election disputes.
Sam Rainsy said Tuesday that he will do so, but that he isn’t optimistic about the outcome. Instead, he had held meetings with diplomats to try to persuade them to pressure the NEC.
Diplomats contacted Tuesday said they were reluctant to get involved. “It’s too sensitive, it’s internal politics,” said one Asian diplomat. He added the issue is confusing and he can see both sides.
The NEC contends it never changed the formula, but that the draft had a “mathematical mistake” that was pointed out to election adviser Theo Noel. Political experts say the first formula was a correct and complete version.
Legal experts say the NEC should have had a meeting to approve the change. NEC officials earlier have indicated that occurred on or about May 29.
Minutes of the May 29 meeting include an agenda item referring to NEC regulations already being “revised and improved” and gives NEC Treasurer Chhay Kim an additional day to study the final document.
