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Article 161
 

(Voting Witnesses)


(1) The officials in charge of voting management shall have the voting witnesses observe the ballot paper issuing and the balloting.


<Amended by Act No. 7681, Aug. 4, 2005>


(2) The voting witnesses shall be selected by the political party, the candidate, the election manager or the chief of the election campaign liaison office in proportion of two persons for each candidate by polling station and a written report thereon shall be sent to the Eup/Myeon/Dong election commission by two days before the election day.


<Amended by Act No. 7681, Aug. 4, 2005>


(3) Voting witnesses shall be comprised of eight persons for every polling station, but if the number of persons selected and reported under paragraph (2) exceeds eight, those designated by the Eup/Myeon/Dong election commission by lottery shall be the witnesses: Provided, That if there is no selection of witnesses or the number of selected and reported persons is fewer than four, those who are selected up to four persons by the Eup/ Myeon/Dong election commission shall be the witnesses upon consenting, from among electors residing in the Gu/Si/Gun having jurisdiction over the voting district concerned.


<Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010>


(4) Where the Eup/Myeon/Dong election commission designates voting witnesses under paragraph (3), one person for each candidate shall be first selected, if the number of candidates exceeds eight, and thereafter eight of them shall be designated by lot; if the number of candidates is fewer than eight but the number of persons selected and reported by the candidates exceeds eight, those selected as per one for each candidate shall be first designated, and thereafter the remaining number shall be filled by lottery.


<Amended by Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010>


(5) The political party, candidate, election campaign manager, or chief of the election campaign liaison office may, if necessary, replace a voting witness whom he/she has selected, at any time after reporting it to the Eup/ Myeon/Dong election commission and may, on the election day, report the replacement at the polling station.


<Amended by Act No. 7681, Aug. 4, 2005>


(6) A voting witness selected by the Eup/Myeon/Dong election commission under the proviso to paragraph (3) shall not refuse being a witness or
resign his/her position without a justifiable reason.


<Amended by Act No. 7681, Aug. 4, 2005>


(7) A person who is not a national of the Republic of Korea, or a minor, or the person who falls under any of subparagraphs of Article 18 (1) or who
falls under any of subparagraphs of Article 53 (1), a candidate or a spouse of candidate shall not become a voting witness.


<Amended by Act No. 7189, Mar. 12, 2004> 


(8) Where the officials in charge of voting management deem it necessary for smooth management of voting, they may have the voting witnesses observe the voting in shifts. In such cases, they shall have them witness the voting by turns, one half of the number of witnesses at a time by political parties and candidates.


<Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>


(9) The officials in charge of voting management shall provide the voting witnesses with seats at a place where they can easily see the ballot paper
issuing and the voting.


<Amended by Act No. 7681, Aug. 4, 2005>


(10) No voting witnesses shall interfere with the voting, solicit the voting, or conduct any act of having an effect on the election in any way.


(11) Where a voting witness finds an interference with the voting, unlawful voting, or other things in contravention of the provisions of this Act, and
demands the correction thereof, the officials in charge of voting management shall correct them if the demand is deemed justifiable. 


<Amended by Act No. 7681, Aug. 4, 2005>


(12) If any accident occurs in a balloting booth, a voting witness may take a photograph of the voting situation.


(13) Deleted. <by Act No. 6265, Feb. 16, 2000>


(14) The form of the voting witness report, and other necessary matters shall be prescribed by Regulations of the National Election Commission.