The Constitutional Court will rule on Sept 28 on whether barcodes and QR codes printed on ballot papers used in the Feb 8 general election breached constitutional protections for secret voting.
The case stems from 22 complaints received by the Ombudsman alleging the Election Commission (EC) violated voters’ constitutional right to a secret ballot by designing and printing ballot papers containing barcodes and QR codes.
The petitioners argue the codes could be used to trace individual voters and determine how they voted, meaning the ballot was not genuinely secret.
The Ombudsman asked the court to rule on whether the ballot design was consistent with several constitutional provisions, including those concerning rights and freedoms, elections and the duties of the EC. The court began hearing five witnesses on Wednesday.
EC Chairman Narong Klanwarin attended the proceedings as an observer.
The witnesses included officials and representatives involved in the production and administration of the ballots, including senior EC officials and executives from TKS Technology Plc and Chan Wanich Security Printing Co.
The EC was also allowed to demonstrate the process for storing ballot papers. At the request of the EC chairman and the company that printed the ballots, the court suspended live audio and video broadcasts of the hearing.
The court said public disclosure of ballot security measures could undermine safeguards against counterfeiting and fraud, potentially affecting the integrity and stability of elections.
Those attending the hearing were therefore prohibited from disclosing information obtained during the proceedings to outsiders. After the hearing, the court said it was necessary to inspect evidence at the ballot storage facility in Bangkok.
Two Constitutional Court judges and officials responsible for the case will conduct the inspection from 10am on Thursday.
The inspection will cover ballot papers, ballot stubs, unused ballots, electoral rolls and equipment used in the Feb 8 election.
The parties may attend, but those who fail to participate at the appointed time will be deemed not to object.