Thailand’s Election Commission faces mounting fraud claims, a 387,000 vote gap and barcode secrecy fears after the February 8 poll. Thousands of complaints filed, protests erupt and the count stalls at 94%, as legal challenges threaten to push the election toward the Constitutional Court and possible political convulsions.
Legal action already underway could ultimately see the 2026 General Election declared null and void by the Constitutional Court. The warning comes as a National Institute of Development Administration (NIDA) poll on Sunday showed limited backing for the embattled Election Commission, which is still struggling to complete the count in an election beset by thousands of complaints nationwide. Both the People’s Party and the Pheu Thai Party are contemplating court action. Meanwhile, Prime Minister Anutin Charnvirakul on Saturday urged politicians to leave the legal battle aside, let it run its course, and focus on governing.
Thailand’s Election Commission faced intensifying pressure six days after the February 8 general election. However, a nationwide survey provided limited relief. According to the National Institute of Development Administration, 60.86% of respondents were somewhat or very satisfied with the Commission’s conduct.
Specifically, 38.55% said they were somewhat satisfied, while 22.29% said they were very satisfied. In contrast, 20.84% were somewhat dissatisfied and 17.63% were not satisfied at all. Meanwhile, 0.69% did not answer. The poll surveyed 1,310 eligible voters nationwide on February 11 and 12. Therefore, it offered an early snapshot of public sentiment.
At the same time, the survey measured perceptions of fraud. When asked about irregularities in their constituencies, 40.08% said there was definitely no fraud. Meanwhile, 23.51% said they were unsure.
Concerns grow over fraud perceptions, enforcement doubts and rising nationwide complaints
However, 19.54% said fraud may have occurred and 16.87% said fraud definitely occurred. Consequently, 477 respondents believed fraud possibly or definitely took place. Among that group, confidence in enforcement was weak. Specifically, 58.28% said the Commission would not be able to punish offenders.
In addition, 28.93% believed it might act in some cases. Only 11.32% said it would definitely take action. Therefore, although satisfaction leaned positive, doubts about accountability remain substantial. Meanwhile, complaints have mounted across the kingdom. Notably, thousands of complaints have been filed with the Election Commission. In addition, a standoff occurred in Chonburi between protesters and Commission officials.
That confrontation underscored the growing tension. Moreover, opposition parties have highlighted discrepancies in vote totals. Under the two-ballot system, party-list and constituency totals should correspond.
However, official figures show a gap. There were 33.009 million party-list votes cast. In contrast, 33.396 million constituency votes were recorded. Consequently, the difference stands at 387,000 votes. Therefore, parties have demanded clarification.
People’s Party flags constituency mismatches as the vote gap fuels demands for vote count clarification
The People’s Party cited mismatches in Songkhla constituency 3 and Si Sa Ket constituency 2. According to spokesman Parit Watcharasindhu, the evidence came from official tally boards at polling stations.
He rejected the Commission’s claim that reporting errors were limited to its website. Accordingly, the party demanded the release of full Form 5/18 tally reports. In addition, it called for disclosure of Form 5/11 vote-marking sheets at each polling unit. The party said complete documentation is necessary for transparency.
Furthermore, new allegations emerged in Samut Prakan. In constituency 6, a citizen submitted a video showing election materials dated February 8 at a landfill. Consequently, the People’s Party demanded an investigation into how official documents were discarded.
Significantly, the party won seven of eight seats in Samut Prakan. Only one seat went to the Bhumjaithai Party. Therefore, party officials stressed their scrutiny was not about gaining seats. Instead, they said it was about protecting votes.
Parties escalate legal complaints as thousands of cases are filed and evidence is reviewed
Overall, People’s Party candidates received 57 complaints. Of these, 37 were formally submitted to the Election Commission. Additionally, more than 4,000 complaints were filed through the party’s report69 website.
After review, 1,260 were deemed to contain sufficient evidence. Subsequently, the party’s legal team forwarded those cases to candidates. They will lodge formal objections to the announcement of the results.
Despite these disputes, both the People’s Party and the Pheu Thai Party have acknowledged limits. They stated that irregularities would not overturn the overall outcome. The election delivered a landslide victory to the Bhumjaithai Party led by Prime Minister Anutin Charnvirakul. However, a separate controversy has escalated sharply. Specifically, it concerns barcodes and QR codes printed on ballot papers.
On Friday, February 13, Khunying Sudarat Keyuraphan filed a complaint with the Central Criminal Court for Corruption and Misconduct Cases. She alleged violations of Section 157 of the Criminal Code. That provision concerns wrongful or fraudulent exercise of official duties. According to Khunying Sudarat, the Election Commission admitted that barcodes and QR codes could be scanned and traced back to ballot stubs.
Sudarat challenges the barcode system, citing secrecy risks and constitutional violations
Furthermore, if ballot stubs bear voter signatures, identities could theoretically be identified. Therefore, she argues the system violates the constitutional principle of secret voting.
Her legal strategy has two components. First, she seeks criminal accountability against Commission officials under Section 157. Second, she plans petitions to the Constitutional Court and the Supreme Court’s Election Division. She contends the barcode system breaches Section 85 of the 2017 Constitution.
In addition, she cites Section 95 of the Organic Law on the Election of Members of Parliament 2018. Consequently, she is requesting that the courts order a new election. Meanwhile, she urged citizens to submit photographs, videos, and other evidence of irregularities through social media channels.
Similarly, the People’s Party is preparing legal action. Mr Parit confirmed that a petition will be filed with the same anti-corruption court. Deputy leader Wayo Asawarungruang has been tasked with gathering facts.
Commission says barcode tracing impracticable as parties warn secrecy could be compromised
On Friday, Election Commission officials addressed the barcode issue at a press briefing. When asked whether ballots could be matched with counterfoils, officials said it would be “highly impracticable.” However, when pressed on whether it was impossible, they did not say so. Instead, a spokesman said it would require extraordinary efforts and several illegal acts.
Nevertheless, Mr Parit argued that the admission itself raised concerns. According to him, three components could theoretically identify voters. These include the ballot codes, the counterfoils, and the voters’ list.
Therefore, he said the secrecy principle could be compromised. Moreover, he warned that if political parties knew the coding structure, voters could be pressured to disclose components before voting. Alternatively, polling officials could secretly photograph counterfoils and transmit them. Consequently, sensitive information could be accessed without opening official records.
In addition, Mr Parit cited long-term risks of data leaks. He said voter data could enable profiling by gender, age, or region. Such profiling, he argued, could influence future elections. However, he stated clearly that the party was not seeking to overturn the result. Instead, he said the objective was to ensure every vote was accurately recorded and to hold negligent officials accountable.
Pheu Thai review and Commission defence unfold as legal challenges move toward courts
At the same time, the Pheu Thai Party began its own review. On February 13, Deputy Leader Chusak Sirinil said the party’s legal team was urgently gathering evidence. If the evidence is clear, he said, the party will submit the matter to the Ombudsman.
The Ombudsman would then refer it to the Constitutional Court. According to Mr Chusak, the Election Commission cannot declare an election void on its own authority. Instead, its role is limited to ordering recounts or new polls in problematic units.
He also noted two historical grounds for voiding elections. First, voting must remain secret. Second, elections must be held simultaneously nationwide. Therefore, any petition must demonstrate a constitutional breach. When asked about a possible fault by the Commission, Mr Chusak said it would depend on intent or negligence. He emphasised that any legal complaint must be supported by clear evidence.
Meanwhile, Prime Minister Anutin Charnvirakul addressed the controversy. On Saturday, he urged that the matter be left to the courts. Therefore, he called for restraint pending judicial review.
Commission defends ballot safeguards as unofficial count stalls at ninety four percent amid furore
In response, the Election Commission issued a formal clarification on February 14. Its Anti-Fake News Centre stated that voting remained direct and secret as required by the Constitution. According to the Commission, voters cast ballots alone in booths and deposit them personally. Furthermore, photographing marked ballots is prohibited. Therefore, the Commission said secrecy is safeguarded.
It added that the Organic Act empowers it to specify ballot characteristics. This includes codes, symbols, or special text to prevent forgery and ballot removal. After counting, ballot papers and stubs are sealed in transparent bags.
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These bags are secured with ribbons and signatures. Subsequently, they are placed in sealed ballot boxes and stored in secure locations. No one may open them. Therefore, the Commission insisted that the barcode system does not breach constitutional principles. However, it warned that disseminating misleading information could result in prosecution under the Computer Crime Act.
Meanwhile, the unofficial count remains stalled at 94% of total ballots cast. The Commission has not indicated when an update will be issued. However, it has 60 days to release official results. Consequently, legal challenges are advancing while counting remains incomplete.
Ultimately, the Constitutional Court may determine whether the barcode system violates Section 85. If a breach is found, the election could be declared null and void. For now, complaints continue to accumulate, legal teams mobilise, and the Commission maintains its position as scrutiny intensifies.
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