Legal Hurdles Block By-Elections and Re-Votes Amid South Korean Election Crisis

South Korea is grappling with an unprecedented electoral crisis following the June 3rd local elections, which were marred by a severe shortage of ballots and the continuation of voting even after official results were being announced. This chaotic situation has sparked widespread calls for re-elections and re-votes, but legal experts suggest that such outcomes are highly improbable under existing laws.

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In 2026, a situation occurred in South Korea where voting could not take place due to a shortage of ballots, and voting continued even as the vote count was broadcast.

The core issue lies in the legal definitions and thresholds for triggering a by-election or a re-vote. A by-election involves a complete restart of the electoral process, while a re-vote pertains to re-casting ballots in a specific district. Both decisions can only be made by the National Election Commission (NEC) or the courts. The law requires not only a violation of election regulations but also proof that such a violation "affected the outcome of the election." The Supreme Court has interpreted this to mean that the result must have been different had the violation not occurred.

Given the significant margin of victory in many races, such as the Seoul mayoral election, and the relatively small number of affected polling stations, legal experts believe it is highly unlikely that the ballot shortage will be deemed to have altered the election results. Past precedents for nullifying elections involved extremely close races where a few votes could have changed the outcome.

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By-elections and re-votes are entirely different under the Public Official Election Act.

Similarly, a re-vote, which can be ordered by the NEC in cases of unforeseen circumstances preventing voting, also faces high hurdles. While the ballot shortage could qualify as an "unforeseen circumstance," the law again stipulates that the re-vote will only proceed if it is deemed to have a potential impact on the election outcome. Consequently, the possibility of a re-vote is also considered remote.

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The threshold for invalidating an election is very high. It requires proof that the violation affected the election results.

With legal avenues for re-elections or re-votes appearing closed, the focus is shifting towards demanding a thorough investigation into the truth behind the electoral failures and a comprehensive reform of the NEC. Experts stress that restoring public trust in the electoral process is paramount, warning that failure to address these systemic issues could undermine the very legitimacy of South Korean democracy.

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The possibility of the NEC or the court deciding on a by-election is very low.