The Constitutional Court has accepted a petition to rule on whether the use of barcodes and Quick Response (QR) codes on ballot papers in Thailand’s Feb 8 general election violated the constitution.
At a weekly meeting on Wednesday morning, the court’s nine judges voted 6–3 to consider the petition forwarded by the Ombudsman, who relayed public complaints seeking a constitutional ruling on whether the conduct of the general election complied with Sections 83 and 85 of the charter.
One key issue under scrutiny is the inclusion of barcodes and QR codes on ballot papers, which petitioners argue may raise constitutional concerns. The court instructed all relevant agencies and individuals to submit written clarifications within 15 days.
On March 13, the Ombudsman petitioned the Constitutional Court to rule on whether the use of barcodes and QR codes violated the constitutional requirement that voting be conducted directly and by secret ballot. The move followed complaints that the system could allow voters’ identities and choices to be traced, potentially undermining ballot secrecy.
A court ruling that ballot secrecy was compromised could lead to the Feb 8 election results being annulled and a new poll called at a cost to taxpayers of at least 7 billion baht.
After reviewing the information gathered, the Office of the Ombudsman concluded there were sufficient grounds to question whether the Election Commission (EC), its secretary-general and related officials acted in a way that contravened the constitution.
The opposition People’s Party has also filed a criminal misconduct complaint against the EC, saying it seeks legal clarity on the exact uses of “identifying marks” on ballot papers — an issue the party says could possibly reach the Supreme Court.
