Bill would shift burden of proof to election authorities in cases of procedural violations

People Power Party lawmaker Na Kyung-won [Yonhap]
People Power Party lawmaker Na Kyung-won [Yonhap]

People Power Party lawmaker Na Kyung-won said Friday she had introduced an amendment to the Public Official Election Act on Thursday that would nullify election results regardless of outcome when ballot shortages occur.

The bill targets serious procedural violations uncovered during the June 3 local elections — including ballot shortages that infringed on voters' right to participate, the transport of ballots in zip-lock bags, the mass distribution of unnumbered ballots, and data entry errors found in vote tallies during the North Jeolla education superintendent race. Confirmed violations of this nature would render election results wholly or partially void.

Current law allows elections to be invalidated only when a violation is found to have "affected the outcome of the election," even if the breach is attributable to the National Election Commission.

Na said this condition creates a structural problem in which the burden of proof falls on voters and petitioners — the very people harmed — rather than on the NEC. If the amendment passes, that burden would shift to the NEC.

The bill also extends the petition period from "within 14 days after election day" to "within 30 days from the date the winner is declared." A separate clause allows petitions to be filed within 30 days of the announcement of findings from a National Assembly parliamentary investigation, a Board of Audit and Inspection audit, or a law enforcement investigation — a provision designed to prevent winners from running out the clock to secure what Na called a "self-granted acquittal."

The amendment would also apply retroactively to the June 3 local elections through a supplementary clause.

"It is realistically difficult to expect winners to step down voluntarily even as evidence of a flawed election piles up," Na said. "Ultimately, the only way to restore the voting rights that have been violated is to meaningfully increase the possibility of a by-election through court proceedings to nullify the election."


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