Controversies surrounding dubious ballot papers that may have compromised the principle of voting secrecy and poll integrity have put the Election Commission (EC) in hot water, amid rising public anxiety the Feb 8 national election might be nullified.
The embattled EC is again accused of breaching regulations. As a result, several groups — including the People’s Party, which finished first runner-up and was the champion in the previous national election three years ago — have filed complaints with various agencies, including the Central Criminal Court for Corruption and Misconduct Cases, the Office of the Ombudsman, the Constitutional Court and the Administrative Court, over what they see as misconduct — or even fraud — by the poll agency.
The inclusion of QR codes and barcodes on the ballots for the Feb 8 poll has sparked public outcry and debate, as some experts insist the codes — which were also used in the 2023 national election and subsequent local polls — could make voting traceable. It should be noted that poll agency staff, while adamantly defending the system, were seen using their fingers to hide the codes from public view during the counting process in last Saturday’s re-run vote.
New accusations have also emerged regarding the lack of serial numbers on some ballot stubs used in Saturday’s poll in Bangkok’s Kannayao district (Constituency 1), as well as in some constituencies in Nan and Udon Thani provinces, which appears to run contrary to EC regulations. Somchai Srisutthiyakorn, a former election commissioner, expressed concern about the lack of serial numbering, saying it could create opportunities for fraud, including the printing of excess ballots.
In addition, a delay in the endorsement of the results — without a clear explanation from the poll agency as to why it cannot produce a 100% vote count, with the process stalled at 95% — has deepened public suspicion. In the 2023 poll, the EC announced results just three hours after polling booths closed.
While the agency appears to be dragging its feet on the official count, it moved swiftly to destroy around 20 million unused ballots, even though the results have not been announced, and complaints remain unresolved. Such premature destruction may breach poll regulations, says Prinya Thaewanarumitkul, a legal expert at Thammasat University, who said the move could amount to destroying evidence.
Moreover, the poll agency’s reactive posture and poor public communication have not helped it or the democratic process. After a calamitous press conference over a week ago, the EC reverted to one-way communication, issuing press releases to the media. This unilateral media strategy — reminiscent of practices used by authoritarian bodies during the Cold War — makes the EC appear more clandestine and lends credibility to rumours and conspiracy theories.
Unfortunately, the EC’s sub-par performance and disastrous communication have created a vacuum of confidence, eroding the country’s investment climate and, above all, fuelling political conflict.
Those accusing the EC of malpractice, however, must back up their claims with solid evidence. If the party-list ballots are found to be flawed due to the inclusion of barcodes, a recount — or perhaps a court-ordered re-vote — would be the best resolution. If the Feb 8 election is ultimately ruled unconstitutional, a new poll must be held in a free, fair and transparent manner to avoid a prolonged power vacuum.
