Home > 1.3.2.3 Counting procedures/validity of ballots > KOREA - Public Offical Election Act
 
 
 
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Article 218
 

(Ballot Counting of Overseas Votes)


(1) Gu/Si/Gun election commissions shall count the votes of the overseas votes.


(2) Overseas ballot boxes may be moved to a ballot counting office after 6 p.m. (referring to 8 p.m. for an election to fill up a presidential vacancy or relection) on the election day, and the votes may be counted separately in advance of ballot papers in other ballot boxes, in the presence of ballot counting witnesses.


<Amended by Act No. 10981, Jul. 28, 2011>


(3) Notwithstanding paragraph (1), when the National Election Commission deems that the overseas votes cannot be arrived at Gu/Si/Gun election
commissions by 6 p.m. on the election day due to natural disaster, war, uprising, or other extenuating circumstance, the National Election Commission may allow the relevant overseas election commission to keep the overseas votes and then to count the ballots.


<Newly Inserted by Act No. 10981, Jul. 28, 2011>


(4) When an overseas election commission counts the ballots pursuant to paragraph (3), it shall count the ballots at a mission after 6 p.m. in the presence of voting witnesses, and shall report the result thereof to the National Election Commission; then the National Election Commission shall such result to the competent constituency election commission. 


<Newly Inserted by Act No. 10981, Jul. 28, 2011>


(5) In cases of counting the ballots pursuant to paragraph (3), Article 218-20 (2) through (5) shall apply mutatis mutandis to the selection and report,
etc. of voting witnesses. In such cases, "voting witnesses" shall be construed as "ballot-counting witnesses", "17 days before the election day" shall be construed as "3 days before the election day", and "at the overseas polling place in the period of overseas voting" shall be construed as "at the ballot-counting place in the period of ballot-counting."


<Newly Inserted by Act No. 10981, Jul. 28, 2011>


(6) Where an overseas election commission counts the overseas votes, keeping of the overseas votes, preceeding and procedures of ballot-counting, report and notification of ballot-counting result, and other necessary measures shall be prescribed by Regulations of the National Election Commission.


<Newly Inserted by Act No. 10981, Jul. 28, 2011>


[This Article Newly Inserted by Act No. 9466, Feb. 12, 2009]