The Korea Herald

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[Editorial] Unlevel playing field

Complaints from candidates need to be heeded

By KH디지털2

Published : Jan. 11, 2016 - 17:42

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It has been 12 days since the electoral map used for the previous general election expired Dec. 31 without a new one put in its place.

It is the first time in Korean election history that all electoral constituencies have suddenly disappeared with the invalidation of the electoral map.

The unprecedented situation has already created serious problems as political novices who were preparing to run in the April election are suffering considerable disadvantages against incumbent lawmakers in conducting campaigns.

The biggest victims are political aspirants who have not yet registered to the National Election Commission as preliminary candidates.

Preliminary candidate registrations started Dec. 15 and will last until March 23. But following the expiration of the electoral map, constituency election commissions stopped accepting candidate registrations. Unregistered candidates are not allowed to engage in campaign activities.

The NEC has allowed those who have already registered as preliminary candidates to engage in an initial level of campaigning, such as opening offices, hanging placards and hiring up to three campaign workers. They are also allowed to distribute business cards, send mobile phone messages and make campaign calls.

But the legitimacy of the commission’s decision is in question as it allows campaigning when there are actually no electoral constituencies.

The commission said it had to exercise flexibility in consideration of the disadvantages that preliminary candidates faced in competing with sitting lawmakers. But those who have not yet registered as preliminary candidates could see its decision as a discrimination against them.

The commission also showed flexibility toward incumbent legislators. Although all existing electoral constituencies have been invalidated, the commission has allowed them to contact voters in their old constituencies and send them pamphlets detailing their parliamentary activities.

But a prospective candidate in Busan has challenged the legitimacy of the commission’s policy. He filed an injunction with a court to ban the incumbent lawmaker of his district from distributing such pamphlets.

Preliminary candidates — not to mention unregistered ones — also suffer disadvantages in raising campaign funds. They cannot form supporters’ associations to collect funds as constituency election commissions have stopped accepting registrations. Those who have set up associations can collect funds from their supporters, but are not allowed to use the money.

The NEC will continue to face a dilemma in regulating campaign activities as the existing election law does not offer guidelines on what to do when such a vacuum has been created in the transition from one electoral map to another.

As the commission must create rules on its own, it can fuel disputes over fairness. In fact, prospective candidates have already filed suits against the National Assembly and sitting lawmakers, calling for a level playing field.

If the upcoming election is held as scheduled without heeding these complaints, a flood of postelection litigation can be expected from unsuccessful candidates.

To prevent the election from being mired in fairness disputes, the ruling and main opposition parties should first produce a new constituency map as early as possible.

The two parties have created the mess by recklessly pursuing partisan interests. They should now realize that voters know who to blame for the prolonged abnormal situation and will give their verdict through vote.

They should also discuss measures with the NEC to ensure that the election is held on a level playing field.