Nationwide By-Election 'Realistically Impossible' Amid Ballot Shortage Debate

Calls for a nationwide by-election in South Korea, fueled by recent issues with ballot shortages, are being met with strong skepticism from legal and political experts who deem the prospect "realistically impossible." The core of the debate lies in the Public Official Election Act, which stipulates that a by-election can only be declared if a violation of election rules is found to have significantly impacted the election's outcome.

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Even if some people's right to vote was infringed, those who have already voted through proper procedures have had their results determined. Asking these people to vote again is problematic.

In the recent Seoul mayoral election, the vote difference between the top two candidates was over 60,000 votes. The Central Election Management Commission reported that only 4,206 ballots were insufficient across the entire city. This disparity makes it highly improbable that the missing ballots would have altered the final result, thus failing to meet the legal threshold for a by-election. While smaller proportional representation elections for local councils might face a different scenario, the conditions for a full-scale rerun remain unmet.

Beyond the legal hurdles, practical challenges abound. Holding by-elections only in specific areas affected by the ballot shortage could lead to decreased voter turnout, as voters in unaffected regions might not participate. This raises concerns about infringing on the right to vote. Lee Jun-seok, leader of the Reform Party, criticized the idea of a nationwide by-election, arguing that any solution that paradoxically reduces overall voter turnout cannot be considered fair.

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If a court decides to hold a by-election, it will likely be limited to the smallest possible scope, perhaps only for the main voting in the specific districts where the problem occurred.

Veteran political scientist Choi Jang-jib of Korea University expressed reservations, stating it would be unfair to ask individuals who have already voted through legitimate procedures to vote again. Lawyer Kim Jun-woo suggested that if a court were to order a by-election, it would likely be limited to the specific polling stations where the issue occurred during the main voting period. Furthermore, any attempt to pass special legislation to enable a nationwide by-election could face constitutional challenges due to its retroactive nature, potentially infringing on the electoral rights of those who have already participated in the election.

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The solution proposed, a nationwide by-election, cannot lead to a fair election either way.