Public officials Election And Recall Act Article 74

If the election of a candidate is determined to be invalid, in accordance with the facts established by the final decision handed down by a court with proper jurisdiction, and the number of votes received by the said candidate is sufficient to affect the outcome of the election, the responsible election commission shall re-examine the outcome in accordance with the facts established by the said final decision. If public notice has already been issued for the election of a candidate who according to the result of the re-examination has not been elected, the notice shall be rescinded; if public notice has not yet been issued for the election of a candidate who was actually elected, public notice of the outcome of the election shall be re-issued. This shall not apply to the provisions governing new elections or by-elections held to fill vacant offices.If a court has made a final determination that the election of a local representative-elect is invalid due to offenses prescribed in Subparagraph 3 of Paragraph 1 of Article 120, a local representative-elect has resigned due to the filing of a case challenging the validity of their election, or a local representative-elect has received a final conviction for violating any provision of Subparagraph 3 of Paragraph 1 of Article 120, the votes received by the losing candidates shall be calculated, and on the day of the final court decision or the day the resignation takes effect, any vacant offices shall be filled by losing candidate in order of highest to lowest votes received, and the regulations governing a new election and by-elections held to fill vacant offices shall not apply.The losing candidates specified in the preceding paragraph must receive at least one half of the number of votes previously stipulated by the election commission as the lowest number of votes that must be received in the electoral district, and when being elected to fill the said vacancies, they must not have received a final conviction for committing an offense detailed in Article 97, Paragraph 1 of Article 98-1 or the attempt thereof, Paragraphs 1 or 2 of Article 99, Paragraphs 1 or 2 of Article 101, Subparagraph 1 of Paragraph 1 of Article 102 or the attempt thereof, or for violating the Criminal Code by an committing offense detailed in Article 144 or Article 146.If, after public notice of the list of electees to fill vacant offices is issued, if it is discovered that prior to the issuance of the said notice or prior to taking office the electee has died, has been deprived of civil rights that have not yet been restored, or does not meet the requirements specified in the preceding paragraph, the election commission shall rescind the public notice, and if the said electee has not yet taken office, the regulations in Paragraph 2 specifying the sequence for filing vacant offices shall not apply. This shall not apply to electees who have been found guilty of committing an offense detailed in Subparagraph 3 of Paragraph 1 of Article 120.