Public Law Experts Dismiss Concerns Over Ballot Secrecy

Bangkok: Public law experts point out that a secret ballot is unlikely to invalidate the outcome.

According to Thai News Agency, the experts indicate that the secrecy surrounding the election results is unlikely to invalidate the election or necessitate a new election. Citing relevant laws and a 2006 ruling, they believe the controversy is merely a publicity stunt and will likely subside once the Election Commission officially certifies the results.

Mr. Nattawut Wongniem, a public law expert, addressed the interpretation that printing barcodes on ballot papers risks invalidating the election because the votes are not secret, potentially leading to a new election. He explained that barcodes are necessary for security, preventing forgery and ballot manipulation, and allowing for verification. Furthermore, Thailand is not the first country to use this rule. He clarified that the 2006 election was declared invalid because the voting booths were turned to expose the voters, thus compromising secrecy. However, the 2006 election is different, as voting is secret; no one can see or verify who voted or for whom.

"I respect Professor Wissanu Krea-ngam, but the secrecy surrounding the process is confusing the public. I disagree that the voter registration list and the voter stubs cannot reveal who voted, nor can they be verified, because the ballots are kept confidential. In 2006, it wasn't confidential because the polling booths were visible, but the barcode case is different," said Mr. Nattawut.

When asked about the possibility of the election being declared void due to the lack of secrecy stemming from the barcode scandal, and potentially leading to a new election, Mr. Nattawut said that this was a very strong attempt to stir up controversy. He questioned the logic behind some legal experts' viewpoint on the possibility of voiding the election and stated that he was personally brave and ready to participate in any debate to exchange views on this issue.

Mr. Nattawut also mentioned the avenues for petitioning the Constitutional Court to interpret whether the election is invalid, including submitting the matter to the Ombudsman, the President of the Senate, or the Election Commission itself. However, he believes that ultimately, none of these avenues will materialize. He also believes that after the Election Commission officially certifies the results of the parliamentary elections, the campaign to stir up controversy will die down.