Constitutional Court: "Early Voting System Unlikely to Infringe Voting Rights"

The Constitutional Court has ruled that the early voting system, which allows voters who cannot vote on election day to cast their ballots during a designated period before the election, does not violate the Constitution.

The court determined that even if early voters have a shorter period for deliberation compared to those voting on election day, it is difficult to view this as an infringement on voting rights, as voters can still obtain sufficient information through various media channels.

According to the legal community on October 26, the Constitutional Court unanimously dismissed the constitutional complaints filed against Articles 148(1) and 158(1) of the Public Official Election Act on October 23.

The relevant provisions stipulate that the early voting period is from five days before election day and lasts for two days. They also state that any eligible voter may go to an early voting station and cast their ballot during this period.

Lee Hoseon, a professor at Kookmin University School of Law, and others filed a constitutional complaint in October 2023, arguing that the current early voting system infringes on voting rights and the right to equality.

The Constitutional Court first explained the purpose of the early voting provisions, stating, "These provisions are intended to overcome the temporal and spatial limitations of voting, reduce the burden of the previous absentee voting system, provide convenience to voters, guarantee opportunities to exercise voting rights, and ultimately increase voter turnout."

The court also acknowledged, "It can be said that early voters have a shorter period to obtain information about candidates or to deliberate on their choices compared to those voting on election day." However, it added, "It is difficult to conclude that this would prevent voters from properly reflecting their true intentions in the election."

The Public Official Election Act allows for the registration of preliminary candidates, enabling them to campaign within certain limits. After the official campaign period, voters can access information about candidates and their main policies through various media outlets, including traditional and online platforms.

The court further explained, "The gap between the early voting period and election day has narrowed compared to the previous absentee voting system, and institutional measures exist to ensure fairness. Considering geographical factors and the technical conditions of the postal system, it is not unreasonable for lawmakers to set the early voting period to end four days before election day." The court concluded, "It is difficult to regard the early voting provisions as infringing upon the applicants' voting rights."

The applicants also argued that the provision requiring election officials to issue ballots to voters without detaching the serial number (Article 158(3) of the Public Official Election Act) violates the principle of secret voting. The Constitutional Court unanimously dismissed this claim as well, in line with previous decisions.

In the constitutional complaint regarding this provision, the Constitutional Court stated in October 2023, "The barcode-based serial number is difficult to identify with the naked eye, making it unlikely that someone could remember the barcode and identify a specific voter's ballot, which would violate the principle of secret voting." The court further emphasized, "Moreover, the Public Official Election Act ensures that no personal information that could identify a voter is included in the barcode."