Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 179

(Invalid Votes)

(1) The vote falling under any one of the following subparagraphs shall be nullified:

1. Where the regular ballot paper is not used;

2. Where no mark is put in any column;

3. Where the marks are put in two or more columns;

4. Where it is impossible to distinguish a column in which the mark is put;

5. Where the mark "" is not put, but a character or a shape of something else is drawn;

6. Where other matters than the mark "" are entered;

7. Where the mark is put in with an aid other than such balloting aid as provided by the election commission.

(2) In advance polling or abode polling, a vote that falls under any of the following subparagraphs shall be invalid, in addition to those specified in paragraph (1):

1. A vote not returned in an official envelope;

2. A vote returned in an unsealed envelope.

3. Deleted. <by Act No. 7681, Aug. 4, 2005>

4. Deleted. <by Act No. 12267, Jan. 17, 2014>

(3) In shipboard polling, votes that fall under any of the following subparagraphs shall be also invalid, in addition to those invalid under paragraph (1):

1. A vote transmitted by facsimile with a number different from the facsimile number stated in the relevant shipboard polling report or a vote transmitted by facsimile with an unidentifiable number;

2. Votes transmitted in addition to the vote initially received through the normal process, where two or more votes have been transmitted by one elector;

3. A vote on which the signature of the elector, shipmaster, or observer is omitted (excluding a vote with no observer’s signature thereon, if no observer was present pursuant to the proviso to Article 158-3 (3));

4. A vote with the name of a candidate or a political party or with a description, from which such name can be inferred, written on the front section.

(4) A vote shall not be determined as invalid in any of the following cases:

1. Where the mark " " is shown partially, or the inside of the mark " " is filled up, and it is obvious that the mark is made using such balloting aid as provided by the election commission;

2. Where not less than two marks are put in the column of one candidate (referring to the political party in the election of the proportional representative National Assembly members and the election of the proportional representative local council members; hereafter in this paragraph the same shall apply);

3. Where the mark is additionally put on other than the column of the candidate and that the additional mark is not deemed to be put in the column of any candidate either;

4. Where the mark is put on the line dividing two candidates' columns, but it is obvious for whom the mark is put in;

5. Where the mark is transcribed, but it is obvious for whom the mark is put in;

6. Where it is stained or damaged by the seal-ink, but it is obvious that it is the regular ballot paper and for whom it is put;

7. In the case of the residence voting (including shipboard voting), where the mark is made in a way [excluding the case in which it may be possible to see who has made the vote, because the person has affixed a seal (excluding thumb impression) or written the name] other than the method as prescribed by this Act, and it is obvious for whom the mark is put in;

8. Where the envelope for return use on which the name or residence is written or the private seal is affixed;

9. An abode vote or a shipboard vote, where the abode voter or shipboard voter dies after voting but before voting begins on the election day

10. An elector’s vote, where the elector who cast his/her vote at an advance polling station dies before voting begins on the election day.