Politicians and voters alike may be drawn into lawsuits over ballot shortages

The fallout from the unprecedented ballot shortage during the June 3 local elections is spreading. In some tight races, election lawsuits or challenges to the validity of winners are being discussed, and voters who could not participate may also seek state compensation. President Lee Jae-myung criticized the NEC, saying, "Election officials should be held accountable," while the political world is also preparing for a parliamentary inquiry and other measures.
According to the legal community on the 4th, voting was temporarily suspended at 14 polling stations in Seoul, including Jamsil 7-dong No. 2 Polling Station in Songpa-gu, Seoul, during the main voting process for the local elections the previous day because of a shortage of ballots. The NEC extended polling station operating hours, allowing the election to be completed that day, but the standoff over removing ballot boxes continued into the next day. Despite on-site apologies and persuasion from an official at the Seoul Metropolitan City Election Commission, the transfer of ballot boxes was repeatedly blocked by strong public opposition. Citizens mainly shouted, "Invalidate the election" and "Hold a revote."
However, the NEC says the situation does not meet the legal grounds for postponing or rerunning an election under the Public Official Election Act. Legal experts offer a similar interpretation. The act allows a revote only in the affected voting district if voting could not be held because of a natural disaster or unavoidable circumstances, or if a ballot box was lost. Still, legal experts say a revote would have little practical value unless there is a possibility that the election result could be affected.
Lee Sa-baek, a lawyer at Saebyeol Law Firm, explained, "Even if the number of people who could not vote is identified, a revote would have to be likely to change the actual result." In the Seoul mayoral election, the margin between the winner and the runner-up was more than 30,000 votes.
However, local government head and local council races, where the margin is not large, could be an exception. If the number of eligible voters at polling stations that ran out of ballots is similar to the final vote margin, whether the shortage affected the result could become the key issue. A lawyer specializing in election law said, "In local elections, it is not uncommon for the winner to be decided by a few hundred votes," adding, "The scale of the people who went home without voting and the impact on the election result must be examined."
The problem is that it is not easy to identify the exact number of voters who intended to cast ballots but were unable to do so because of the shortage. Photos showing they were at the scene or waiting tickets may serve as some evidence, but only for a limited number of cases.
The possibility that losing candidates may file lawsuits also cannot be ruled out. Under election law, if there is an objection to the result of a local election, a complaint can be filed with the relevant election commission within two weeks of election day. If that is rejected, a candidate can bring a lawsuit challenging the validity of the winner or the election itself. However, this too would first require proof that the ballot shortage actually affected the election result.
Legal action at the individual voter level is also being discussed. Voters who were unable to cast ballots may seek state compensation on the grounds that their political rights were infringed. A lawyer at a large law firm said, "Because the right to vote is a core democratic right, if voting rights were violated due to the state's failure to manage the process properly, damages for emotional distress could be sought." If it is confirmed that the NEC failed to prepare enough ballots, unlike in previous local elections, that could also be used as evidence of negligence.
As for compensation for emotional distress, the threshold for proof is relatively low, so there is room for claims to be accepted, analysts said. A former presiding judge turned lawyer said, "There are many cases in which damages have been recognized even in personal information leak cases," adding, "If it is acknowledged that the political right to vote, the foundation of democracy, was infringed, there is a possibility that compensation will be awarded."



scottchoi15@fnnews.com Choi Eun-sol, Jeong Kyung-soo, Choi Seung-han Reporter