Reserve Senators Plan Direct Challenge to Election Commission

Reserve and candidate senators who consider themselves victims in the disputed Senate selection case are preparing to invoke Article 44 of the 2017 Constitutional Act on Senate Member Acquisition to file a direct petition with the Supreme Court's Election Division after the Election Commission decided to prosecute only some suspects.

Although reserve senators previously attempted to use Article 44 to petition the Supreme Court to remove senators under investigation by the Commission, the court rejected their request on the grounds that Senate certification had already been finalized. However, observers now believe Article 44 can be invoked in the current situation because the Commission has decided to prosecute only some senators while most other suspects and political party members have escaped prosecution. Since the Commission has only recently concluded its investigation and rendered its decision with clear consequences, this represents a different circumstance from the case previously rejected by the court.

Article 44 of the 2017 Constitutional Act on Senate Member Acquisition stipulates that if a Senate candidate at district, provincial, or national level believes the selection process has been conducted unlawfully, that person may file an objection to the Supreme Court within three days of the relevant order. Legal experts interpret this to mean that candidates can petition the court if they believe the Commission, the election director, or election officials have acted incorrectly, dishonestly, or unfairly in the selection process.

With the Commission's decision to prosecute only 26 senators—effectively acknowledging that this Senate formation was unlawful—observers assess there is a strong likelihood that candidate senators and reserve senators at various levels may now invoke Article 44 of the 2017 Act to file direct petitions with the Supreme Court.