Regarding the "ballot paper shortage" that occurred at some polling stations in Seoul on the 3rd, when the June 3 local elections were held, People Power Party leader Jang Dong-hyeok said, "The Seoul election is a contaminated election. A contaminated election is invalid." Jang then said, "Depending on the findings, the Seoul election should be held again."
"Election invalidation" and "rerun" have provisions based on the Public Official Election Act. First, Article 222 of the election law states that "a candidate or a political party that objects to the validity of a local government head election may file a lawsuit for election invalidation with the Supreme Court." However, to bring a lawsuit for election invalidation, one must first file a petition with the National Election Commission objecting to the validity of the election. Only after that petition is dismissed or rejected can a lawsuit for election invalidation be filed against the decision.
When determining whether an election is invalid, the Supreme Court examines "whether there was a violation of election-related regulations" and "whether that violation affected the election result." Even if there was a violation of regulations, if it did not affect the election result, the court will find the election valid. Kim Yeon-gi, an attorney at Chungjeong Law, said, "It is actually hard to find cases where the Supreme Court has found an election invalid."
In addition, Articles 195 and 197 of the election law provide that "a rerun is held when there is a ruling or decision that an election is wholly or partly invalid, etc."
Separately, Article 198 of the election law states that "if, due to natural disasters or other unavoidable reasons, voting cannot be conducted in a polling district, the winner is determined after conducting a revote in that polling district." Kim said, "It may be possible to consider treating the ballot paper shortage as 'another unavoidable reason' and holding a revote at the affected polling stations."