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Article 218
 

(Invalid Vote)


(1) An overseas vote falling under any of the following subparagraphs shall be invalid:


<Amended by Act No. 10981, Jul. 28, 2011; Act No. 12267, Jan. 17, 2014>



1. A vote which has not used a regular ballot paper;
2. A vote which has not used a regular envelope for returning;
3. A vote the envelope for returning of which has not been sealed;
4. A vote which is impossible to know to which party or which candidate it has been cast;
5. A vote which has not been cast at an overseas polling place (excluding a vote which has been cast at an advance polling station pursuant to
Article 218-16 (3)).
6. A vote which contains the name or symbol of an candidate or the name of his/her political party written in any letters other than in Korean or Arabic numerals in cases of a presidential election and an election for National Assembly members of local constituency, and a vote which contains the name or symbol of a political party written in any letters other than in Korean or Arabic numerals in cases of an election of the proportional representative National Assembly members (If a vote is written in Korean or Arabic numerals together with other letters, it is deemed that the vote is written in Korean or Arabic
numerals.)


(2) In an election of members of proportional representation for the National Assembly, an overseas vote on which the name of a candidate has been
written (including a ballot paper on which the name of a party or its mark has been written together) shall be invalid.


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


(3) Where one person casts two or more ballots in the same election, the overseas vote cast by the person in the relevant election shall be invalid.


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


(4) An overseas vote falling under any of the following subparagraphs shall not be invalid:


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


1. A vote on which the name or mark of the same party or the name of the same candidate has been written two or more times;
2. Where it is clear to which party or candidate a vote has been cast, though the name or mark, or the name of a party, has been written wrongly in part,;
3. Where a name and a domicile have been written or a signature has been written on the envelope for return of a vote;
4. A vote of an overseas elector, etc. who dies before the commencement of voting on the election day after he/she has voted;


(5) Notwithstanding paragraphs (1), (2) and (4), Article 179 shall apply mutatis mutandis to the effect of the overseas votes marked on the ballot
papers pursuant to the proviso to Article 218-16 (1).


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


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