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Chapter Law Content

Chapter 3 Election
Section 6 Voting and Ballot Counting
Article 53
For the election of President and Vice President,polling stations shall be established in government agencies(institutions),schools,public places or other appropriate places depending on the distribution of electors.
The locations of polling stations should be equipped with barrier-free facilities.If there weren't such choices,the stations should use relating auxiliary equipment or tools to assist those physically-challenged to cast their ballots. The election commission should appropriately increase the number of work force to actively help those physically-challenged people according to the status of barrier-free situation in the stations.
Except the electors, electors' children under the age of 6 and a family member or accompanying person prescribed in Paragraph Four of Article 14,anyone who does not wear the card issued by the election commission of specific levels may not enter the polling stations.However,this is not applicable to the prosecutors who need to enter the polling stations for performing duty according to law.
After the voting is finished,a polling station shall be immediately transformed into a ballot counting station to count the ballots in public. After the ballot counting is finished,the chief administrator and the chief supervisor of the ballot counting station shall announce the result of ballot counting in accordance with the report form of voting and ballot counting at once and paste it at the gate of the ballot counting station.The foresaid parties shall sign their names on the duplicated copies of the report form of voting and ballot counting of the same content on the spot,and hand them to the political parties recommending the candidates or the representatives designated by the candidates registered by way of joint signature;each political party or representative shall receive one copy only.
After the voting and ballot counting is finished, the chief administrator of the polling/ballot counting station shall,jointly with the chief supervisor,pack and seal the ballots divided into residual ballots,valid ballots and invalid ballots as well as the list of electors, sign or seal at the sealing,and transfer them to the municipal or county(city) election commission through the township(city/district) office for safekeeping.
The ballots referred to in the preceding Paragraph may not be unpacked except it is necessary to do so for the prosecutors or the court to perform duty according to law.
The ballots and the list of electors referred to in Paragraph Five shall be kept for the period prescribed below after the ballot counting is finished:
1.The residual ballots shall be kept for one month.
2.The valid ballots and the invalid ballots shall be kept for six months.
3.The list of electors shall be kept for six months.
If any lawsuit is raised during the safekeeping period in the preceding paragraph,the safekeeping period of the part relating to the lawsuit shall be prolonged to additional three months after the determined judgement.
Article 54
In a polling or ballot counting station shall be set a chief administrator and several administrators,assumed by the persons dispatched by the election commission to handle the polling and ballot counting affairs.
The chief administrator referred to in the preceding paragraph shall be an active civil servant or teacher and not less than one-third of the administrators referred to in the preceding paragraph shall be active public officials or teachers who are dispatched from the selection of the election commission based on the recommendation of the government agencies of specific levels and the public schools.The selected personnel of the government agencies or the teaching staff of the schools may not refuse the appointment.
The municipal or county(city) election commission shall request the local police agencies to dispatch policemen to safeguard the polling or ballot counting stations.
Article 55
Each poll and each ballot counting station shall have one chief supervisor and several supervisors to inspect the casting and opening of ballots. There shall be at least two supervisors for each poll and each ballot counting station,except where there is only one group of candidates,in which case there shall be one supervisor.
The chief supervisor shall be an active or former civil servant or teacher who is dispatched from the selection of the election commission based on the recommendation of the government agencies of specific levels and the public schools.The selected personnel of the government agencies or the teaching staff of the schools may not refuse the appointment.
The supervisors shall be recommended in accordance with the methods below and dispatched by the election commission through examination:
1.Each group of candidates shall recommend one candidate.However,a candidate recommended by a political party shall be recommended by the party to which he or she belongs.If two or more parties jointly recommend a group of candidates,one party shall be counted and the party first in the order of recommendation shall be responsible for handling the recommendation.
2.The recall of the President and Vice President is equally recommended by the political party to which the leading proposer of recall belongs and the person being recalled.However,if the leading proposer of recall belongs to two or more political parties,he or she shall be recommended by any of the political parties, and if the person being recalled is recommended by a political party,he or she shall be recommended by the political party to which he or she belongs.
The election commission shall select and dispatch the supervisors from the following persons if the numbers of supervisors at each polling station fails to exceed two persons:
1.Local just persons.
2.Staff of government agencies (institutions),associations and schools.
3.Major students in colleges and universities.
The regulations governing the qualification requirements,recommendation procedure and services of the supervisors shall be prescribed by the Central Election Commission.
Article 55-1
Polling and voting staff should be paid a fee, which should be adjusted according to the price level; the basis of the amount shall be set by the Central Election Commission and reported to the Executive Yuan for approval
Article 56
The staff of the polling/ballot counting stations shall attend the lectures held by the election commissions.
Article 57
The commissioners,supervisors,and clerk of the election commissions of specific levels,the personnel handling election affairs in township (city/district) offices,and the staff of polling/ballot counting stations,who die,get disabled or injured on duty,may apply for compensation according to the relevant provisions on the corresponding positions.
For those who cannot apply for compensation according to the provision of the preceding paragraph,the compensation will be paid by the Central Election Commission.The regulation for the object,amount base,procedures of dispensing compensation and other related matters shall be prescribed by the Central Election Commission.
Article 58
The ballots shall be printed,distributed and applied by the municipal and county(city) election commissions.On the ballots there shall be the S/N, name,way of registration, and photos of each group of the candidates for President and Vice President. For the candidates recommended by a political party,the ballots shall also be printed with the name of each recommending political party plus "Recommendation"in the "way of registration" column;if two or more political parties jointly recommend a same group of the candidates,the political party names shall be printed according to the sequence in the letter of recommendation; for the candidates registered by way of joint signature,the "way of registration" column shall be filled in "Joint signature".
The ballots referred to in the preceding paragraph shall be printed by the municipal and county (city) election commissions in the format prescribed by the Central Election Commission and under the on-site supervision of the supervisors,and shall be handed to the chief administrator of each polling station one day before polling day. The chief administrator shall count and check the ballots received jointly with the chief supervisor in public.
Article 59
To take a vote,an elector shall use the tool prepared by the election commissions to check a group of candidates by marking a circle in the "select" column.
After checking the candidates,the elector may not show the ballot to others.
The tool referred to in Paragraph One shall be fabricated by the municipal and county(city) election commissions in the format prescribed by the Central Election Commission.
Article 60
Under any of the following circumstances, a ballot shall be regarded as invalid:
1.Where the ballot is not fabricated and distributed by the election commission.
2.Where the ballot is not marked for a group only according to the provision of Paragraph One of the preceding article.
3.Where the marking of the circle can not be identified that which group is selected.
4.Where the marking is altered.
5.Where the ballot is signed, stamped with a seal, pressed by a fingerprint or added by any text or sign.
6.Where the ballot is torn leading to incompleteness.
7.Where the ballot is contaminated so that it can not be identified that which group is selected.
8.Where the tool prepared by the election commission is not used.
The invalid ballot referred to in the preceding Paragraph shall be recognized by the chief administrator of the ballot counting station jointly with the chief supervisor;if any dispute arises,it shall be decided by all the supervisors by vote.If the number of positive votes is equal to that of negative votes,the ballot shall be regarded as valid.
Article 61
The chief administrator shall,jointly with the chief supervisor,drive out anyone who conducts any of the following in the polling station or ballot counting station:
1.Make noise or disturb or induce others to vote or not to vote,and do not obey the persuasion.
2.Carry weapons or hazardous goods into
the station.
3.During voting,wear or mark the flags,badges, articles or clothing of political parties, political groups,candidates,and do not obey the persuasion.
4.Disturb the staff of polling stations to ballot counting or obstruct others to visit,and do not obey the persuasion.
5.Commit any other misconduct and do not obey the persuasion.
When driving out an elector who commits any of the misconducts prescribed in the preceding paragraph,the ballot held by the elector shall be called back and the fact shall be recorded under the name of the elector in the list of electors. In case of severe circumstances,it shall be reported to the election commission.
Except for performing official duties,anyone shall not carry mobile phones or any other photography equipment into the polling stations.However,this restriction shall not apply to mobile devices that have been powered off.
Anyone shall not detect the contents of the ballot marked by any elector via any photography equipment in the polling stations.
Article 62
When a natural disaster or force majeure prior to the polling day or on the polling and ballot counting day may have happened or predictably happen,leading to the failure of voting or ballot counting in an individual polling station and ballot counting station,the municipal or county (city) election commission shall report to the Central Election Commission for approval so as to determine another day for voting and balloting,or the municipal or county(city) election commission shall directly change the ballot counting venue and report to the Central Election Commission for record.
When the number of polling stations and ballot counting stations where the voting or ballot counting cannot be carried out referred to in the preceding paragraph may have totaled or predictably exceed 1/3 of the polling stations and ballot counting stations in the county(city) respectively,the municipal or county(city) election commission shall report to the Central Election Commission to change the date of voting in each municipality or county(city).When there is more than one-third of counties(cities) polling stations and ballot counting stations where the voting or ballot counting cannot be carried out, the Central Election Commission shall directly change the ballot counting date.
The day determined for voting and ballot counting shall be publicized three days prior to the determined day.
The measures handling natural disasters or force majeure prior to the polling day or on the day for voting and ballot counting shall be prescribed by the Central Election Commission.
The period of campaigning for election may be prolonged till one day before the newly determined polling day if the election commission publicizes to determine another polling day during the period of campaigning.However,where the period between the day when the public notice of the determined polling day is publicized and the day before the newly determined polling day exceeds the original period of campaign, the period of campaign shall be recalculated in accordance with the day before the newly determined polling day.