President Lee Jae-myung Proposes 'One-Point' Constitutional Amendment for Electoral Commission Reform

Ballot Paper Shortage Sparks Electoral Commission Reform Debate

President Lee Jae-myung publicly proposed a "one-point constitutional amendment" on June 19th aimed at reforming the National Election Commission (NEC). The president stated his belief that the recent shortage of ballot papers exposed structural problems within the NEC, necessitating a constitutional amendment rather than a mere legal revision to fundamentally reform the commission, which is constitutionally mandated as an independent body.

The NEC is a constitutional institution established under Article 114 of the current constitution, making it structurally difficult to significantly alter its organization or authority through ordinary legislation. The ballot paper shortage incident highlighted flaws in the election management system, leading to concerns about overall trust in the NEC's operational methods. President Lee suggested, "If there is bipartisan agreement, I believe we should pursue even a one-point constitutional amendment," hinting at the possibility of the president directly proposing an amendment bill if necessary.

Key Content and Legal Implications of the Amendment Proposal

The "one-point constitutional amendment" mentioned by President Lee refers to a method of focusing solely on amending constitutional provisions related to the NEC. Constitutional amendments require the approval of two-thirds of the National Assembly members and a majority of voters in a national referendum, making them impossible to pursue without bipartisan consensus. While the president can propose an amendment bill under Article 128 of the constitution, a joint proposal by the ruling and opposition parties is the more realistic path.

Simultaneously, President Lee strongly cautioned against social unrest fueled by "election fraud theories." He stated, "Legitimate acts of sovereignty to secure suffrage must be protected, but acts of disseminating false information, fake news, and obstructing business will be strictly investigated and held accountable." This clearly signals a policy to separate demands for NEC reform from baseless claims of election fraud.

Divergent Positions of the Opposition and Ruling Parties

The People Power Party (PPP) immediately voiced its opposition to the one-point constitutional amendment proposal. According to Yonhap News, the PPP officially announced on the 19th that "a one-point NEC constitutional amendment is a diversion" and "a thorough special prosecution is paramount." Their stance emphasizes that a fact-finding investigation through a special prosecutor must precede any reform, expressing concern that discussions on constitutional amendment could be used as a means to evade investigation.

Meanwhile, PPP lawmaker Han Dong-hoon participated in co-sponsoring a bill to abolish the early voting system. Although abolishing early voting is not a constitutional amendment issue, it aligns with the broader sentiment calling for a comprehensive review of the entire election system, prompted by the recent NEC controversy. Some within the ruling party viewed this move as an attempt to build momentum for returning to politics.

Within the progressive camp, there is general support for pursuing constitutional reform, but a cautious approach emphasizes the need for societal consensus on the scope and procedures of the amendment. Conversely, some in the conservative camp, while agreeing with the necessity of NEC reform, express wariness that a president-led amendment proposal could carry political intentions.

Future Legislative and Amendment Procedures and Outlook

For a one-point constitutional amendment to materialize, over 200 out of the 300 National Assembly members must approve. Given the current partisan distribution of seats, this number is unattainable by either party alone. Even if the ruling and opposition parties agree on the goal of NEC reform, negotiations concerning the method, timing, and scope of the amendment are likely to continue for a considerable period.

In the short term, revisions to relevant laws governing the NEC are expected to be pursued first. This would involve amending the current Public Official Election Act and the National Election Commission Act to address ballot management procedures, supply chain systems, and oversight authorities. Constitutional amendment is likely to be placed on the discussion table only after the limitations of such legal revisions are confirmed.

President Lee's direct mention of the presidential proposal option serves as both a bargaining chip and an expression of his commitment to reform. However, a presidential proposal without bipartisan agreement would inevitably create significant political pressure at the national referendum stage. Ultimately, the feasibility of a constitutional amendment hinges on whether the ruling and opposition parties can find common ground on how to simultaneously pursue a special prosecution for the NEC and discussions on constitutional reform.