Election Complaint over 'Lee Ballot Exposure' Escalates to Police Report; NEC Says Key Standard Is 'Intentional Disclosure'

[Financial News] As election law enforcement measures and police investigations continue ahead of the June 3 local elections, the controversy over President Lee Jae-myung's alleged exposure of his ballot during early voting has escalated into a criminal complaint. The National Election Commission (NEC) said the incident should be distinguished from the intentional disclosure of a ballot, as Lee was merely asking about the stamp status before completing his vote.
According to the NEC and others on the 1st, President Lee stepped out of the booth while voting at the early voting station at Samcheong-dong Community Service Center in Jongno District, Seoul, on the 29th of last month and asked an election official about the condition of the ballot stamp. As the unfolded ballot was captured by a broadcast camera, politicians and others raised allegations of 'ballot disclosure.'
In response, the civic group People's Livelihood Countermeasures Committee filed a complaint with the Seoul Metropolitan Police Agency on the 30th of last month against the NEC chairperson and the chairperson of the Seoul Metropolitan Election Commission on charges of abuse of authority and dereliction of duty. It had previously also submitted a complaint against President Lee on suspicion of violating the Public Official Election Act.
The opposition People Power Party also argued that Lee's actions could amount to disclosing a marked ballot and raised the possibility of a violation of the Public Official Election Act. The law prohibits the disclosure of a marked ballot and requires any disclosed ballot to be invalidated.
The NEC, however, views the situation as a routine question arising during the voting process. An NEC official explained, "Ordinary voters can also step outside and ask if the stamp does not mark properly or if they have any questions," adding, "He left the booth before completing the vote to ask a question, so this is not a problematic situation."
The condition of the ballot stamp Lee asked about is also judged based on whether the marked choice can be identified. Even if the stamp is only partially printed, the ballot is still valid if it is possible to determine which candidate or party was selected. The NEC official said that ballots are also considered valid if the stamp is applied more than once within the same candidate's box or if ink transfers to the other side while folding the ballot, as long as the choice remains identifiable.
Separately from the stamp condition Lee asked about, the NEC said legality may depend on how the ballot was visible to others. An NEC official said, "If someone intentionally shows it to others while saying, 'I voted for this person,' it could be a violation," adding, "But if a ballot is accidentally dropped or someone nearby happens to see it while it is being placed into the ballot box, that is not considered disclosure."

Legal experts also said that the mere fact that a ballot was seen by others does not automatically constitute a violation of the Public Official Election Act. They added that the intent to reveal the vote, along with the act and circumstances, must also be considered. Lee Jae-il, a lawyer at People Law Office, said, "Looking at the video, it appears President Lee was trying to ask the election official to check the condition of the stamp," adding, "It is difficult to say there was intent to violate the principle of ballot secrecy, so there does not appear to be any illegality."
Meanwhile, election law violations and investigations are also continuing ahead of the election. According to the NEC, as of the 31st of last month, there were 1,482 election law enforcement actions related to this local election, up 14.88% from 1,290 during the same period before the previous local election. The Seoul Metropolitan Police Agency also said at its regular briefing that 322 election-related cases had been received, 304 were under investigation, and three people had been arrested.
[email protected] Choi Seung-han Reporter