= Expands the freedom of election campaigning by spoken word, phone and through the distribution of business cards =
= Strengthens the right to information and suffrage for the disabled and those with movement impairments =
= Allows preliminary candidates and candidates in elections for constituency members of local councils to designate PFAs =
 

The National Election Commission (NEC) of the Republic of Korea announced that amendments to the Public Official Election Act and Political Fund Act passed the National Assembly plenary session on December 9. The amendments include provisions that allow for election campaigning by phone and spoken word all times (excluding on election days), strengthen the guarantee of the right to information and the suffrage of persons with disabilities and with movement impairments, and expand the number of persons allowed to designate a Political Fund Association (PFA).

In particular, with regard to the provision that says election campaigning by spoken word and by phone will be always permitted, these mirror opinions on amendments to the Public Official Election Act submitted by the NEC on August 25, 2016 in order to reflect the increased political consciousness among citizens and the changed election environment, and to further expand the freedom of election campaigning. 

The main contents of the amendments to the Public Official Election Act and Political Fund Act that have been made are as follows:

1. Expansion of the Freedom of Election Campaigning

• Election campaigns by spoken word and phone always permitted.

⇨ Anyone who is permitted to campaign may make a direct phone call between a sender and receiver to campaign (except ARS) or may campaign by spoken word (except when using a loudspeaker or targeting groups of people at an outdoor assembly) any time that is not an election day.

• Deregulation of campaigning through the distribution of business cards,

⇨ From 180 days before election day (240 days in the case of a presidential election) until the deadline for preliminary candidate registration, it is possible for a prospective candidate to undertake election campaigning in which they distribute a business card directly.

• Easing of the restrictions on the permitted locations for election campaigning by preliminary candidates,

⇨ The locations where preliminary candidates are prohibited from distributing business cards have clarified from “indoors” to “inside the building” in reference to hospitals, religious buildings, and theatres. In addition, business cards can be distributed if the buildings and facilities in question are used for purposes other than its original purpose, for example if they are rented.

2. Strengthening the right to information and suffrage for people with disabilities and those with movement impairments

• Subtitles or Korean sign language interpretation made obligatory for speeches of debates held by the National Election Broadcasting Debates Commission (NEBDC) and policy debates.

• Allowing for braille-type election pledges to be printed on twice as much paper as the booklet-type election pledges.

• To increase turnout, it is now mandatory for measures to be established to provide transportation for those who have movement impairments. 

3.  Expansion of the number of persons allowed to designate a PFA

• Preliminary candidates in elections for heads of local governments as well as preliminary candidates and candidate in elections for constituency members of local councils.

※ The annual fundraising and donation limits for preliminary candidates in elections for heads of local governments, as well as other preliminary candidate, is 50% of the campaign expense limit.

4. Other Election Law Amendments

• Re and by-elections for heads of local governments to be held twice a year.

※ Re and by-elections for National Assembly members and local council members will be held once a year, the same as it was previously.

• Abolished the legislation on the candidate nomination process for elections for proportional representation members of the National Assembly.

• Improvement of unconstitutional regulations related to election campaigning by members of the media.

• Prepared a consultation procedure for posting election posters with related persons, including building owners.