(Reelection due to Partial Invalidation of Election)
(1) If a judgment or decision on the partial invalidation of the election becomes final, the competent constituency election commission shall hold a reelection for the voting district concerned where the election has become invalid, and then decide a new elected person.
(2) Notwithstanding the provision of Article 44 (1), the electoral register used for the initial election shall be used in holding the reelection as provided
in paragraph (1), unless there is any specification in the judgment or decision.
<Amended by Act No. 10981, Jul. 28, 2011>
(3) In holding the reelection as provided in paragraph (1), where political parties are merged, the merged party shall recommend to the relevant constituency election commission one person from among the candidates before a merger of political parties as a new candidate during the period from the beginning day of the said reelection to the day next thereto, and in the election of proportional representative National Assembly members and the election of proportional representative local council members, each roll of candidates shall be submitted, but any person who has not been listed in the roll of candidates submitted by the political parties before a merger shall not be added.
<Amended by Act No. 4947, Apr. 1, 1995; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>
(4) If a recommendation is not made during the period as provided in paragraph (3), the candidate registration that the political party has made for the election district concerned before the merger shall be invalidated.
(5) The mark of a candidate for a merged party (referring to a political party recommending a candidate, in the election of proportional representative
National Assembly members and the election of proportional representative local council members) shall be the same as what he/she has used at the initial election.
<Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>
(6) In calculating the votes obtained by the candidate recommended as provided in paragraph (3), the votes obtained by the candidate who fails
to obtain the recommendation due to the merger shall not be counted.
(7) Where the causes for holding a reelection as referred to in paragraph (1) have become definite in the election of proportional representative National Assembly members and the election of proportional representative local council members, the seats shall be re-allocated pursuant to the provisions of Article 189 (1) through (4) or 190-2, after deducting from the fixed number of said seats an integral number (a fraction falling short of 1 shall be regarded as 1) of the number obtained by multiplying the number of seats in the election district by the number obtained by dividing the number of electors in the voting district by the number of electors in the said election district, and any winning of an election of proportional representative National Assembly member and of an election of proportional representative local council member, which has been excluded from the said re-allocation, shall be invalidated.
<Newly Inserted by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>
(8) Provisions of Article 194 (4) shall apply mutatis mutandis to the reallocation of seats at the time when conducting a reelection as referred to in paragraph (1) in the election of proportional representative National Assembly members and the election of proportional representative local council members, and to a decision on the elected person.
<Newly Inserted by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>
(9) The election campaign and election expenses for the reelection as provided in paragraph (1), and other necessary matters shall be prescribed by Regulations of the National Election Commissionwithin the limit of this Act.
