A historic shortage of voting papers during the June 3 local elections is set to escalate into a legal battle. A constitutional petition has been filed alleging violations of voters' rights, while defeated candidates are preparing lawsuits to invalidate the election and seek state compensation, indicating a broad legal confrontation ahead.
According to legal sources on June 5, the Constitutional Court has accepted a petition filed by a citizen against the National Election Commission (NEC) regarding the constitutionality of the voting paper shortage. The petitioner claims that the NEC's failure to provide sufficient ballots infringed upon the fundamental right to vote.
Additionally, attorney Do Tae-woo, who previously represented the defense during President Yoon Suk Yeol's impeachment trial, has announced plans to file a constitutional petition and a request for a provisional injunction against the NEC.
The Constitutional Court will first review whether the petition meets legal requirements with a designated panel of three judges. If deemed valid, the case will be referred to the full panel of nine judges for further deliberation.
Civic groups have also swiftly filed criminal complaints. On June 3, the Citizens' Livelihood Countermeasures Committee reported NEC Chairman Noh Tae-ak and Secretary-General Heo Cheol-hoon, among other senior officials, to the Seoul Metropolitan Police for neglect of duty and abuse of power. The police plan to begin investigations with witness interviews starting June 8.
As the situation develops into a legal dispute, legal experts suggest that proving criminal intent may be challenging unless clear evidence is presented.
The most contentious legal issue will likely arise from lawsuits filed by defeated candidates. The NEC has stated that there will be no re-voting or re-elections due to this incident. However, under the Public Election Act, candidates or parties can file for election invalidation or disqualification lawsuits within two weeks of the election date. The critical question remains whether the shortage of ballots had a tangible impact on the election results.
Attorney Jeong Byeong-sil, an expert in election law, noted, "A shortage of ballots alone does not automatically invalidate an election. The specifics and extent of the violation, as well as the number of voters who left without voting, will be key issues that could affect the outcome of the election."
Jeong added that since Oh Se-hoon, affiliated with the People Power Party, was elected, it seems unlikely that the party would continue to demand a halt to the counting process. However, for city councilors or district councilors, if they believe their election outcomes were affected, they may still pursue separate lawsuits for election invalidation or disqualification.
In contrast, the situation could change for local council elections where outcomes are determined by narrow margins. If the number of voters who could not cast their ballots exceeds the vote difference, it could be argued that the irregularity affected the election results.
Furthermore, there is a possibility that a similar case from the 2021 Berlin local elections, where a shortage of ballots led to a re-election order the following year, could be mirrored in local elections in South Korea.
However, a lawyer from Seocho District stated, "The mentioned overseas case differs from our legal system, and the circumstances are quite different from those in South Korea, so even if a lawsuit proceeds, it seems unlikely that the results of the Seoul mayoral election would be deemed invalid."
Separately from the potential for election result reversals through lawsuits, individual voters whose rights were infringed may have a strong case for civil claims against the state for compensation. Jeong explained, "Regardless of the conclusion on election invalidation or disqualification, voters who did not receive ballots could file for damages against the state due to the infringement of their voting rights."
* This article has been translated by AI.
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