Ombudsman Asks Court to Rule on Ballot Barcode Secrecy

The Office of the Ombudsman has asked the Constitutional Court to determine whether the use of barcodes and QR codes on ballot papers breached the constitutional requirement for secret voting in the February 8, 2026 general election. The move follows complaints that the codes could allow ballots to be traced back to individual voters. If the court finds a violation, it could raise questions over the legitimacy of the election process.

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The Ombudsman’s Office said on March 13, 2026 that it had received 21 complaints from members of the public regarding the election of members of the House of Representatives held on February 8, 2026. Complainants requested the Ombudsman refer the matter to the Constitutional Court under Section 213 of the 2017 Constitution. They argued that barcodes and QR codes printed on ballots could potentially identify voters and verify how they voted, meaning the ballot was not secret and their constitutional rights and liberties had been violated.

At a meeting on March 10, the Ombudsman reviewed the facts gathered during its inquiry alongside relevant legal provisions. The office concluded that the issue was significant enough to require adjudication by the Constitutional Court. It determined there were sufficient grounds to believe that the Election Commission, the EC secretary-general and the Office of the Election Commission may have created a system allowing ballots to be linked or traced back to individual voters through the design and printing of ballot papers containing barcodes and QR codes.

According to the Ombudsman, this raised credible concerns that voting in the February 8 election may not have been conducted in secret. Such a situation could run contrary to the intent of Sections 83 and 85 of the Constitution and may represent a violation of the rights and freedoms of the complainants and other eligible voters protected under the charter.

On March 13, the Ombudsman approved the submission of a formal petition and legal opinion to the Constitutional Court requesting a ruling under Section 213. The court’s decision will determine whether the ballot design complied with constitutional requirements for secret voting.

The Ombudsman also said several related complaints remain under review. These include whether Clause 129, paragraph two, of the Election Commission’s 2023 regulation on House elections, which allows the EC to prescribe additional codes, symbols or wording on ballot papers in special cases, is compatible with Section 85 of the Constitution and Sections 84 and 96 of the organic law on the election of MPs.

The Nation reported that other pending issues include complaints about the number of constituency and party-list ballot papers not being equal, as well as whether the use of barcodes and QR codes on ballot papers may have breached the Personal Data Protection Act 2019. The Constitutional Court’s ruling could clarify the legality of these practices and determine whether further action regarding the election process is required.

Pictures courtesy of The Nation

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Adapted by ASEAN Now Nation 15 Mar 2026

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