Single-point constitutional reform for election watchdog gains traction, but opposition urges caution

Calls for a targeted constitutional amendment to reform the National Election Commission are gaining momentum in political circles, following the ballot shortage that marred the June 3 local elections and exposed serious failings in the commission's management of the vote. The ruling camp has pushed the idea aggressively, while the opposition is urging that a parliamentary investigation and a special prosecutor take priority.

The National Assembly's special committee on parliamentary investigation into the ballot shortage and related violations of citizens' voting rights held its first session Tuesday. Both the ruling and opposition parties said they would use the probe to establish the facts and could consider additional investigations or a special counsel if warranted.

On constitutional reform, however, the two sides are sharply divided. Seo Beom-su, a People Power Party lawmaker serving as the opposition's floor manager on the special committee, criticized the ruling camp at a party floor strategy meeting Tuesday. "Before a proper investigation has even begun, President Lee Jae Myung has already raised the idea of constitutional revision, with Prime Minister Kim Min-seok and Democratic Party leader Jung Chung-rae falling in line," he said. "Faced with an unprecedented crisis for democracy, they are pushing aside the collapse of citizens' voting rights and shamelessly trying to use this moment to get what they want."

President Lee had raised the idea at a Cheong Wa Dae briefing on June 19, saying, "If the ruling and opposition parties can reach agreement, shouldn't we pursue at least a single-point constitutional amendment on the election commission?" Prime Minister Kim made a similar call the previous day at a press briefing at the Government Seoul Complex, saying he would push for the National Assembly to begin full discussions on a single-point constitutional revision tied to election commission reform.

The push for constitutional revision stems from a widely held view that existing law alone is insufficient to achieve meaningful reform of the election commission.

The Constitutional Court ruled in February last year that an audit by the Board of Audit and Inspection into the election commission's operations constituted an infringement of its authority. In a unanimous decision, the court sided with the election commission in a dispute over a performance audit the Board of Audit and Inspection had conducted in 2023 in connection with allegations that senior election commission officials had given preferential treatment in hiring to their children.

The court held that the election commission does not fall within the definition of an "administrative agency" subject to the Board of Audit and Inspection's performance audits under Article 97 of the Constitution. Even if the commission's work carries the character of administrative action, the court said, the fact that it was established as an independent constitutional body must take precedence.

Critics say that even a bill recently introduced by independent lawmaker Han Dong-hoon — which would amend the Board of Audit and Inspection Act to include the election commission and its regional bodies as subjects of performance audits — would ultimately require a constitutional amendment to be effective.

Democratic Party lawmaker Yun Geon-yeong said on MBC Radio Tuesday that while he agreed with the intent of Han's bill, "to do this properly, a single-point constitutional amendment is the right approach — because the Constitutional Court has already issued a clear ruling that performance audits are unconstitutional."

Clearing the bar for a constitutional amendment, however, will not be easy. Any revision requires the approval of at least two-thirds of all sitting Assembly members. With the People Power Party holding 110 seats, the Democratic Party would need to win over the PPP to secure passage.

Separately from the constitutional debate, the Assembly is also moving to accelerate legislative action on election commission reform.

PPP lawmaker Lee Seong-gwon hosted a National Assembly forum Tuesday on the voting rights crisis and electoral system reform. Officials from the People Power Party and other opposition parties attended and underscored the need to overhaul the election commission.

Han Dong-hoon, in remarks at the forum, said the commission's independence cannot be separated from accountability. "Operational independence must be guaranteed, but mechanisms to verify that operations are being conducted properly must also be put in place," he said.

Reform Party floor leader Cheon Ha-ram said there was no reason to keep the election commission in its current form if it could not even self-correct. "Election commission reform is urgently needed to protect democracy in South Korea," he said.

Also Tuesday, PPP lawmaker Kang Myeong-gu announced at a press conference that he had introduced a bill to merge the National Election Commission with its provincial-level bodies and reduce the organization's overall size. Progressive Party lawmaker Son Sol separately introduced a bill the same day that would make the election commission chairperson a standing position and bar sitting Supreme Court justices from concurrently serving as chair.