[Fact Check] Is Independent Candidacy Possible If You Don’t Complete the Presidential Primary After Registration?

Ruling and Opposition Presidential Race, Debates Over Candidates Withdrawing Mid-Primary Running for President
Article 57-2 of the Public Official Election Act Makes It Difficult to Challenge Presidential Election After Registering in Party Primary

[Asia Economy Reporter Ryu Jeong-min] As the presidential primary elections of the ruling Democratic Party and the opposition People Power Party are in full swing, there is growing interest in whether candidates who withdraw midway can still run in the presidential election. The key question is whether withdrawing before the final results of the party primary are announced can be considered an exception to the so-called ‘Lee In-je Law.’

It is common knowledge in political circles that candidates who participate in the ruling and opposition parties’ presidential primaries but are not selected as the final candidate cannot run in the 2022 presidential election. However, many are not fully aware of whether a candidate who withdraws midway can still run.

It is difficult to assert that all candidates participating in the ruling and opposition parties’ presidential primaries will complete the race. While everyone expresses the intention to finish once they start, various political reasons may lead to a decision to ‘withdraw midway.’ In such cases, it is necessary to check the Public Official Election Act to see if there is a path to run as a candidate from another party or as an independent in the presidential election.

Article 57-2 of the Public Official Election Act is the provision known as the ‘Lee In-je Election Law.’ This clause was introduced after politician Lee In-je, dissatisfied with the results of the New Korea Party’s 1997 presidential primary, left the party and ran as a candidate for the National Party, prompting the enactment of a provision prohibiting defiance of primary results in the Public Official Election Act.

[Image source=Yonhap News]

Article 57-2 of the Public Official Election Act states that “when a political party conducts an internal primary, a person who was a candidate in the primary but was not selected as the candidate of that party cannot register as a candidate in the same electoral district for that election.”

The focus of interest is whether Article 57-2 applies even if the candidate does not complete the primary. A representative from the National Election Commission explained on the 8th, “(The application is) the same even if the primary is not completed. Those who registered as candidates but were not selected cannot run in that election.”

For example, even if a politician registered in a party’s presidential primary withdraws midway due to concerns about interim vote counts or dissatisfaction with election management, they cannot run in that election (in this case, the 2022 presidential election).

In the past, there were opinions that it was difficult to apply Article 57-2 of the Public Official Election Act when ‘additional points’ such as for women or disabled persons were granted during the party primary process. However, when amending Article 57-2, the law explicitly included cases where additional points are granted according to party constitutions or regulations for women, disabled persons, etc., as part of the party primary.

[Image source=Yonhap News]

The same applies to primaries conducted through opinion polls. Previously, parties requested official interpretations from the National Election Commission to find answers, but to prevent unnecessary controversy, this was codified in Article 57-2 of the Public Official Election Act.

So, is it 100% impossible for candidates who participated in the party primary but were not selected as the final candidate to run in the presidential election? It is difficult to say so definitively.

Article 57-2 of the Public Official Election Act states, “This shall not apply when a candidate who was selected loses their qualification due to resignation, death, loss of eligibility, or change or departure from party membership.” This means that in such cases, even those not selected in the party primary may have the opportunity to register as candidates. However, this clause is an exception assuming special circumstances such as the death or resignation of the selected candidate.

According to confirmation from the National Election Commission, even if a candidate registered in the party primary withdraws midway, Article 57-2 of the Public Official Election Act applies. While in special cases such as the death of the selected candidate, those who lost in the primary may have a path to run in the presidential election, this is not a common case.

Therefore, the claim that candidates who do not complete the race after registering for the presidential primary can run independently in the presidential election is judged to be ‘generally untrue.’