Print Time:2019/08/24 20:26
:::

Select Folders:

Article Content

Title: Referendum Act CH
Amended Date: 2019-06-21
Category: Central Election Commission(中央選舉委員會)
Chapter 1 General Principles
Article 1
This Act is enacted pursuant to the principle of popular sovereignty prescribed in the Constitution and for the purpose of ensuring the citizens' exercise of their direct civil rights. For any affairs other than prescribed herein, the other relevant laws shall apply.
Referendums concerning indigenous rights shall be held in accordance with the Indigenous Peoples’ Basic Law.
Article 2
The "referendums" described in this Act includes national referendums and local referendums.
For national referendums, this Act shall apply to the following matters apart from those stipulated in the Constitution:
1. Referendums on laws.
2. Initiatives on legislative principles.
3. Initiatives or referendums on important policies.
For local referendums, this Act shall apply to the following matters:
1. Reference to laws and regulations on local autonomy.
2. Initiatives on legislative principles for laws and regulations on local autonomy.
3. Initiatives or reference of important policies regarding local autonomy.
No proposal of referendum may be raised for any matters regarding budgeting, taxation, salary and personnel affairs.
Article 3
The competent authority for national referendums is the Central Election Commission, which is responsible for directing and supervising municipal or county (city) election commissions.
The competent authority for local referendums is the corresponding municipal government or county (city) government.
During the referendum period, the election commissions of specific levels may call on the staff of the governments of specific levels and the faculty of public schools to handle related affairs. The said governments, public schools, and their assigned staff and faculty shall not refuse without due reason.
Article 4
The referendum shall be implemented by way of common, fair, direct and secret vote.
Article 5
The funds for holding a referendum shall be included in the budgets of the Central Government, the municipal governments, and the county (city) governments according to law.
Article 6
The provisions set forth in Paragraph Two of Article 4 and Article 5 of Civil Servants Election and Recall Act shall apply mutatis mutandis to the calculation of the periods prescribed in this Act.
Chapter 2 Proposer, Joint Signer and Voter
Article 7
Any citizen of the ROC reaching 18 years of age without the commencement of guardianship shall have the right of referendum unless otherwise provided by the Constitution.
Article 8
A person having the right of referendum who has lived in a specific municipality or county (city) of the ROC for not less than 6 months may be the proposer, joint signer and voter of a proposal of a national, municipal or county (city) referendum.
The age and period of residence of a proposer shall be calculated up to the day when the proposal is raised, the age and period of residence of a joint signer shall be calculated up to the day when the list of joint signers is submitted, and the age and period of residence of a voter shall be calculated up to the day before the polling day, and all the calculations shall be based on the household registration data.
In case of re-voting, the age and period of residence of a voter referred to in the preceding Paragraph shall be calculated up to the day before the original polling day all the same.
Chapter 3 Procedure of Referendum
Section 1 National Referendums
Article 9
Unless otherwise specified, to submit a proposal for a referendum, the leading proposer shall submit a written proposal, a statement of reasons, the original roster and copy of the proposer’s details to the competent authority.
There shall be only one leading proposer as referred to in the preceding Paragraph and the main text shall be limited to 100 words and the statement of reasons shall be less than 2,000 words. The excess part of the aforesaid limit will not be publicized, or published in the referendum bulletin.
The main text of the first paragraph shall be concise, clear, and objectively neutral; the clarification of the grounds for the referendum and its position shall be consistent with the main text.
The competent authority shall establish the written method, word count calculation, grammar and other related matters in the main text and the statement of reasons.
The roster of proposers referred to in Paragraph 1 shall be completed column by column according to the specified format with the signature or seal, the ID card number and the permanent address of proposers affixed and bound into books by municipal, county, and township (city/district) governments.
The competent authority shall set up an electronic system for the leading proposer to solicit proposals and combined signatures; the method and implementation date for proposal, joint signatures, and examination processes shall be prescribed by the competent authority.
The electronic proposals and co-signers whose documents are provided in the form of electromagnetic records.
The proposal of referendum case is limited to one case one issue.
Article 10
The number of proposers for the matters prescribed in Paragraph 2 of Article 2 shall be not less than one-ten thousandth of the total electorate in the most recent election of President and Vice President.
The proposal list of referendum which does not conform to the first and second provisions of the preceding article, or is not bound into books by municipal, county, and township (city/district) governments according to Article 5 of the preceding article, or the number of proposers is less than that as stipulated in the preceding paragraph, the competent authority shall not accept the case.
After receiving a proposal of referendum, or a corrected proposal, the competent authority shall finish its examination within 60 days. In the event of any of the following circumstances after the process of examination, the competent authority shall specify the reasons and notify the leading proposer to make necessary revisions once only within 30 days; if the necessary corrections are not made at the appointed time , or still do not meet the relevant provisions, the proposal shall be rejected.
1.Where the proposal does not meet the applicable matters of the national referendums specified in Article 2.
2.Where the proposal violates the provisions specified in Paragraph 4 of the preceding Article.
3.Where the proposal does not comply with provisions stipulated in Paragraph 2 of Article 1 or Paragraph 8 of the preceding Article.
4.Where the content of the proposal contains matters specified in the provisions of Article 32.
5.Where the meaning of the proposal cannot be understood from thecontent of the proposal.
For those of being requested to make revisions according to the provisions of the preceding paragraph, the competent authority shall hold a hearing first to clarify relevant disputes and assist the leading proposer to make the necessary corrections.
If the referendum is determined by the competent authority in conformity with the provisions, the competent authority shall request the government agencies of household registration to carry out an audit of the proposers within 15 days.
The government agencies of household registration shall audit the roster of proposers according to the household registration data, and invalidate a proposer due to any of the following circumstances:
1.Where the proposer does not meet the qualification requirements set forth in Paragraph 1 of Article 8.
2.Where the name, ID card number or address of the proposer is recorded incorrectly, or is unclear.
3.Where the roster of proposers lacks the signature, or seal of the proposer.
4.Where the proposer’s name is forged.
After the process of auditing, if the number of proposers does not meet the requirement specified in provisions of Paragraph 1, the competent authority shall notify the leading proposer to add additional proposers within 30 days limited to one time only; if the specified number is still not reached after supplementation, or the leading proposer does not add more proposers, the proposal shall be rejected.
If the proposal referred to in the preceding Paragraph meets the relevant provisions, the competent authority shall, depending on the nature of the proposal, request the legislative and administrative government agencies to bring forward a position paper with the content stating the legal effect of passing, or failing to pass the motion within 45 days after receiving the official letter of request. Those motions that have not been raised during said limited period will be considered as having been given up. The position paper shall be limited to 2,000 words. The excess part of the aforesaid limit will not be publicized, or published in the referendum bulletin.
If the proposal referred to in the preceding Paragraph meets the relevant provisions, the competent authority shall inform the leading proposer to receive a roster format of joint signatures or an authentication code of the electronic joint signing system from the competent authority within 10 days to solicit signatories. If the leading proposer fails to go and obtain the said format, or the authentication code within the specified time limit, it will be regarded as an abandonment of the combined signatures.
Article 11
With the consent of not less than 1/2 of the total proposers, the leading proposer may file a written application to relinquish a proposal for referendum before the competent authority gives a notice of joint signatures.
Article 12
For the matters prescribed in Paragraph 2 of Article 2, the number of proposers shall be not less than 1.5% of the total electorate in the most recent election of President and Vice President.
The leading proposer of referendum shall, within 6 months after the next day on receiving the roster format of combined signatories, or an authentication code of the electronic joint signing system, submit the original and copy of the register roster or its electromagnetic record to the competent authority at one time; if it is not filed during the limited period, it shall be deemed to have been renounced.
The list of proposers referred to in the preceding Paragraph shall be completed column by column in the specified format with ID card number and the permanent address affixed with signature and seal and bound into books by municipal, county, and township (city/district) governments, respectively, and submit to the competent authority
In case of abandonment deemed under preceding paragraph 2 or Paragraph 9 of Article 10, the original proposers may not raise a proposal again regarding the same matter within 2 years commencing from the day of abandonment of combined signatures.
Article 13
After receiving the list of combined signatories, if it is found on examination that the number of combined signatories is less than that prescribed in preceding paragraph 1, or the roster is not bound into books by municipal, county, and township (city/district) governments specified in Paragraph 3 of preceding Article, the competent authority will not process the documentation; if it meets the requirements, a letter notification shall be sent to the household administration to complete the examination within 60 days.
The household administration shall check the roster of combined signatories according to the household registration data, and a signatory shall be invalidated due to any of thefollowing circumstances:
1.Where the signatory does not meet the qualification requirement set forth in Paragraph 1 of Article 8.
2.Where the name, ID card number or address of the signatory is recorded wrongly or unclearly.
3.Where the roster of the combined signatories lacks the signature or seal of the signatory.
4. Where the combined signatories name is forged.
After the roster of the combined signatories is audited, if the number of combined signatories meets the provision of Paragraph 1 of the preceding Article, the competent authority shall, within 10 days, announce the proposal of referendum is established, and the proposal shall be numbered; if the number of combined signatories does not meet the provision, the competent authority shall notify the leading proposer to supplement more signatures within 30 days limited to once only; if the specified number is still not reached after supplementation or the leading proposer does not supplement, the competent authority shall announce the proposal of referendum is not established.
Article 14
If the Executive Yuan deems it necessary to carry out referendums for a matter as prescribed in Subparagraph Three of Paragraph Two of Article 2, it may hand the main text and the statement of reasons, after they are approved by the Legislative Yuan, to the competent authority to implement the referendum. The provisions of Article 13, Paragraph One of Article 17, and Article 19 shall not apply.
After the Executive Yuan proposes a referendum to the Legislative Yuan, the Legislative Yuan shall decide within 15 days; if a referendum is proposed during the recess, the Legislative Yuan shall call a meeting within 15 days and decide within 30 days.
If the proposal raised by the Executive Yuan is vetoed by the Legislative Yuan, the Executive Yuan may not raise any more proposals for the same matter within 2 years commencing from the day of veto.
Article 15
After the referendum proposed by the Legislative Yuan in accordance with the provisions of the Constitution has been announced for six months, the Legislative Yuan shall request the competent authority to carry out the referendum within 10 days.
If the Legislative Yuan deems it is necessary to carry out referendums for a matter as prescribed in Subparagraph Three of Paragraph Two of Article 2, it may hand the main text and the statement of reasons, after they are adopted in a meeting of the Legislative Yuan, to the competent authority to implement the referendum. The provisions of Articles 9 to 13, Subparagraph Three of Paragraph One of Article 17, and Article 19 shall not apply.
If the proposal raised by the Legislative Yuan is vetoed, the Legislative Yuan may not raise any more proposals for the same matter within 2 years commencing from the day of veto.
Article 16
When the country is under the threat of foreign force and the national sovereignty is likely to change, the President may, by a resolution of the meeting of the Executive Yuan, put matters regarding national security to referendum.
The provisions of Articles 9 to 13, the provision on the periods set forth in Paragraph One of Article 17 and the provisions of Paragraph Three of Article 17, Article 19, and Article 23 shall not apply to the referendum referred to in the preceding Paragraph.
Article 17
The competent authority shall make the following matters known to the public through public notice 90 days before the day of referendum:
1.The date of voting for the proposal of referendum and the times of commencement and termination of voting.
2.The serial number, main text and statement of reasons of the proposal of referendum.
3.The position papers raised by the government agencies on the proposal of referendum.
4.The scope and method of executing the right of referendum.
5.Representatives of those in support of or against the referendum shall follow, present or debate their opinions on national radio channel.
The competent authority shall provide the representatives of those in support of or against the referendum with time to present their opinions or debate through national broadcast TV channels at public expense, and the designated TV stations may not refuse this request. The operating regulations shall be prescribed by the competent authority.
The presentation, or debate referred to in the preceding Paragraph shall be held at least five times through national broadcast TV channels.
The presentation or debate shall be webcast and its video and audio recording shall be made public on the competent authority's website.
Article 18
The competent authority shall collect the matters publicized under the preceding Article and the relevant regulations on voting to compile and print the referendum bulletin, and shall deliver it to the families in the voting district 2 days before the polling day, post it at appropriate places separately, and publish it on the internet.
Article 19
For a proposal of initiative or a proposal of referendum of law, if the competent authority is informed that the purpose of the initiative or referendum has been realized through the legislative authority before the public notice of the proposal is issued, the competent authority shall immediately stop of the proceeding of the referendum, and inform the leading proposer of the proposal.
Article 20
After it is announced a proposal of referendum is established, the proposers and the objectors may set up offices with permission to propagandize their opinions, and may collect funds to hold relevant activities; however, they may not accept donations from the following. Regulations governing the permission and management of the offices shall be prescribed by the Central Election Commission.
1. Foreign associations, juridical persons or individuals, or associations or juridical persons mainly composed of foreign members.
2. Individuals, juridical persons, associations or other institutions in the People’s Republic of China, or the juridical persons, associations or other institutions mainly composed of the citizens of the People’s Republic of China.
3. Residents, juridical persons, associations or other institutions in Hong Kong and Macao, or the juridical persons, associations or other institutions mainly composed of residents of Hong Kong or Macao.
4. Public enterprises or incorporated foundations receiving donations from the government.
The collector of funds referred to in the preceding Paragraph shall set an income and expenditure account book and designate accountants to take charge of accounting and safekeeping, and within 30 days after the polling day, submit a declaration form of incomes and expenditures signed by the collector and the accountants to the Central Election Commission.
The vouchers or evidential documents relating to the incomes and expenditures of campaign funds shall be kept for six months after declaration. However, if a lawsuit is raised, they shall be kept 3 months after the judgment is determined.
If the Central Election Commission deems there is any fault in the declaration, it may request the collector to submit the relevant vouchers or evidential documents.
The Central Election Commission shall, within 45 days after receiving the declaration form of the settlement of incomes and expenditures, collect and list the declaration data and publish them on the government bulletin.
The offices specified in Paragraph One shall not be set up in agencies (institutions), schools, groups established in accordance with the law, places often designated as offices for voting or announcing ballets and other public places except for political party headquarters at all levels and offices of social groups, professional groups and political groups set up in accordance with the Civil Associations Act.
The regulations governing the establishment of referendum offices and the staff shall be prescribed by the competent authority.
Article 21
On the ballots for referendum shall be printed the serial number of the proposal of referendum, the main text, and "Agree" and "Not Agree" columns, and the voter shall use the tool prepared by the election commission to make the choice.
After the choice is made, the voter may not show the ballot to others.
Article 22
The chief administrator shall, jointly with the chief supervisor, drive out anyone who performs any of the following in the referendum polling station or ballot counting station:
1. Wears stickers, clothes or other items having the texts, symbols, or images associated with the referendum, makes noise or disturbs or induces others to vote or not to vote, and does not obey instruction.
2. Carries weapons or hazardous goods into the station.
3. Commits any other misconduct and does not obey instruction.
When driving out a voter of referendum who commits any of the misconducts prescribed in the preceding Paragraph, the referendum ballot held by the voter 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.
Article 23
The referendum day is formally scheduled to be held on the fourth Saturday of August, once every two years staring from the 110th year of the Republic of China.
The referendum day should be a holiday.
Article 24
The provisions of Articles 17 to 23, 57 to 62, 64 and 66 of the Civil Servants Election And Recall Act shall apply mutatis mutandis to the compilation, public reading and amendment of the list of voters, voting, ballot counting, and the recognition of valid ballots and invalid ballots for the proposals of national referendum.
If the voting for a proposal of referendum and a national election is held on the same day, the list of referendum voters and the list of electors shall be compiled separately.
Article 25
The competent authority may hold a national referendum by way of absentee voting. The way to hold a national referendum by way of absentee voting shall be prescribed in a separate law.
Section 2 Local Referendum
Article 26
A proposal of local referendum shall be filed to the municipal or county (city) government.
Unless otherwise stipulated in this Act, matters relating to referendums shall be prescribed by the municipal or county (city) government in autonomous regulations.
If there is any doubt whether the proposal of referendum is about a local autonomous matter, the municipal or county (city) government shall report it to the Executive Yuan for determination.
Article 27
The provisions of Articles 17 to 24 shall apply mutatis mutandis to the announcement of referendum, the printing of referendum ballots, the compilation, reading and amendment of the list of referendum voters, the compilation and printing of the referendum bulletin, the cessation of a referendum, the establishment of offices, fundraising, voting and ballot counting, and the recognition of valid ballots and invalid ballots for the proposals of local referendum.
Article 28
The documents required for the raising and joint signature of proposal of a referendum, the examination procedure and the organization of presentations or debates shall be prescribed by the municipal or county (city) government in autonomous regulations.
Chapter 4 Result of Referendum
Article 29
With regard to the result of voting for a proposal of referendum, if valid ballots of assent are more than ballots of dissent and reach 1/4 of eligible voters, the proposal is adopted.
If valid ballots of assent are less than ballots of dissent or do not reach the quantity prescribed in the preceding Paragraph, the proposal is vetoed.
Article 30
If a proposal of referendum is adopted, the election commission shall publicize the result of referendum within 7 days after the voting is finished, and the following provisions shall govern:
1. For the proposal of referendum of law or autonomous regulations, the original law or autonomous regulations shall lose its force from the third day counted from the day of public notice.
2. For a proposal of initiative of the legislative principles for law or autonomous regulations, the Executive Yuan or the municipal or county (city) government shall study a proposal of the related laws or autonomous regulations within 3 months, and send it to the Legislative Yuan or the municipal or county (city) council for deliberation. The Legislative Yuan or the municipal or county (city) council shall complete the procedure of deliberation before the adjournment of the next session.
3. For a proposal of referendum of an important policy, the President or the authority shall take necessary disposition to realize the content of the proposal of referendum.
4. For a referendum under the Constitution, the Legislative Yuan shall consult the President for publication.
The Legislative Yuan’s review of the proposal specified in Subparagraph Two of the preceding Paragraph shall not be subject to the provision of Article 13 of the Law Governing the Legislative Yuan’s Power.
In case of doubt whether the law or autonomous regulation set up by the Legislative Yuan, the municipal council or the county (city) council in accordance with Subparagraph Two of Paragraph One contradicts the legislative principles for a proposal of initiative, the leading proposer may appeal to the Judicial Yuan for explanation.
The initiated legislative principles shall not be altered by the legislative agencies; the law or autonomous regulation shall not be amended or rescinded within 2 years after implementation.
The same law cannot be enacted by the legislative agencies within 2 years after the rescission of the law or autonomous regulation through referendum.
For major policies made through initiative or referendum, the administrative agencies shall not alter administration of the proposal of initiative or referendum.
Article 31
If a proposal of referendum is vetoed, the competent authority shall publicize the result of referendum within 7 days after the voting is finished, and inform the leading proposer.
Article 32
No more proposals may be raised for the same matter within 2 years commencing from the day when the competent authority publicizes the result of voting.
The judgment on the same matter shall be conducted by the competent authority.
Chapter 5 Penal Provisions
Article 33
Anyone who enforces or intimidates civil servants performing their duty according to law for the purpose of encumbering the referendum shall be condemned to fixed-term imprisonment of not more than 5 years.
Anyone who commits the crime prescribed in the preceding Paragraph and thus causes the death of a civil servant shall be condemned to life imprisonment or fixed-term imprisonment of not less than 7 years; if it causes severe injury to the civil servant, the person shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years.
Article 34
For those who gather a mob and commit the crime prescribed in the preceding Article, the accessories shall be condemned to fixed-term imprisonment or penal servitude of not more than 3 years or fined a sum of NT$300,000, and the principal plotter and the persons who conduct the violation or intimidation shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years.
If the crime prescribed in the preceding Paragraph causes the death of a civil servant, the principal plotter and the persons who conduct the violation or intimidation shall be condemned to life imprisonment or fixed-term imprisonment of not less than 7 years; if it causes severe injury to a civil servant, the person shall be condemned to fixed-term imprisonment of not less than 5 years and not more than 12 years.
Article 35
Anyone who encumbers others' raising, relinquishing, jointly signing or voting on a proposal of referendum, or makes others raise, relinquish, jointly sign or vote on a proposal of referendum by violation, intimidation or other illegal methods shall be condemned to fixed-term imprisonment of not more than 5 years.
Attempted offense of the crime prescribed in the preceding Paragraph shall also be punished.
Article 36
Any person who quests, agrees to offer, or delivers bribes or unjust interests toward those entitled to vote for not voting or for a specific voting result, may be imposed with a penalty of imprisonment more than 3 years and less than 10 years or chargeds fines above NT$1 million and below NT$10 million.
The intending offender of the above-mentioned behaviors may be given a penalty of imprisonment for less than 1 year.
The money of the above-mentioned bribery shall be confiscated without regarding whether it belongs to the offender.
The offender conducting the misbehaviors mentioned in Paragraph One or Paragraph Two, and surrendering himself to the authority, may be exempted from punishments or have it reduced when he cooperates to detect the proposer as the principal offender or joint offender.
Article 37
Anyone who conducts any of the following actions shall be condemned to fixed-term imprisonment of not more than 7 years, and be fined a sum of not less than NT$1 million and not more than NT$10 million in addition:
1. Quest, agree to offer, or deliver bribes or undue benefits in the name of donation toward a member of an association or institution in the referendum district for not raising, relinquishing, jointly signing or voting on a proposal, or raising, relinquishing, jointly signing or voting in a certain way.
2. Quest, agree to offer, or deliver bribes or undue benefits toward a proposer or joint signer of a proposal of referendum for not raising, relinquishing, jointly signing or voting on a proposal, or raising, relinquishing, jointly signing or voting in a certain way.
Anyone who plans to commit the crime prescribed in the preceding Paragraph shall be condemned to fixed-term imprisonment of not more than 1 year.
The bribes prepared or quested, agreed to offer or delivered by the criminal, whether owned by the criminal or not, shall be confiscated.
Article 38
Anyone who undertakes the affairs referred to in Paragraphs One of Article 36 or Paragraph One of the preceding Article to seek profit shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years, and may in addition be fined a sum of not less than NT$1 million and not more than NT$10 million.
An attempt to perform the crime prescribed in the preceding Paragraph shall also be punished.
Article 39
For any of the following actions conducted in a proceeding of recall, the accessories shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$100,000, and the principal plotter and the persons who conducts the action shall be condemned to fixed-term imprisonment of not more than 5 years:
1. Gather a mob to surround a proposer or joint signer of a proposal of referendum, or his/her working place or residence.
2. Gather a mob to encumber a proposer or joint signer's proceeding of the proposal of referendum by violation, intimidation or other illegal method.
Article 40
Anyone who withholds, destroys, hides, replaces or captures the voting box, the referendum ballot, the list of voters, the report form of voting, the report form of ballot counting, the statistics of ballot counting, or the tool used to vote for the purpose of encumbering or disturbing the voting or ballot counting shall be condemned to fixed-term imprisonment of not less than 5 years.
Article 41
Anyone who carries the received referendum ballot outside the place of voting shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$15,000.
Article 42
Anyone who makes noise or disturbs the referendum or induces others to vote or not to vote within 30m around the polling station, and continues such misconduct after being persuaded by the safeguard, shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$15,000.
Article 43
Anyone who infringes the provision of Paragraph Two of Article 21 or conducts any of the actions prescribed in the Subparagraphs of Paragraph One of Article 22 and does not leave the station after being ordered to leave, shall be condemned to fixed-term imprisonment or penal servitude of not more than 2 years, or fined a sum of not more than NT$200,000.
Article 44
Anyone who places anything other than the referendum ballot into a voting box or intentionally tears up a received ballot shall be fined a sum of not less than NT$5,000 and not more than NT$50,000.
Article 45
A collector of funds shall check the donations prescribed in the provisions of Subparagraph One to Three of Paragraph One of Article 20 before receiving them. When the donations are in violation of the regulations, the collector of funds shall hand over the donations to the authority in charge of declaration within 2 months after receipt. If the collector of funds fails to do so within the specified time limit, he/she shall be condemned to fixed-term imprisonment of not more than 5 years.
A collector of funds shall check the donations prescribed in the provisions of Subparagraph Four of Paragraph One of Article 20 before receiving them. When the donations are in violation of the regulations, the collector of funds shall return the donations within 1 month. If the collector of funds does not return the donations within the specified time limit or fails to return the donations, he/she shall hand over the donations to the authority in charge of declaration within 2 months after the receipt. If the collector of funds fails to do so, he/she shall be fined a sum of not less than NT$200,000 and not more than NT$1 million and requested to pay within the specified time limit; if the collector of funds fails to pay within the specified time limit, consecutive punishment may be imposed.
The provisions of the preceding two Paragraphs do not apply to the collector of funds having fulfilled his/her obligation to check the donations.
A collector of funds who accepts the donations in violation of the provisions of Paragraph One of Article 20 shall be fined twice the amount of the donations but not more than NT$1 million.
If a collector of funds does not make the declaration in accordance with the provision of Paragraph Two of Article 20 or does not submit the vouchers or evidential documents of the incomes and expenditures in accordance with the provision of Paragraph Four, he/she shall be fined not less than NT$100,000 and not more than NT$500,000, and a time limit shall be set for declaration or supplementation. If declaration or supplementation is not made within the time limit, consecutive punishment may be imposed.
If a collector of funds intentionally makes any false declaration about the income or expenditure of the funds, he/she shall be fined a sum of not less than NT$500,000 and not more than NT$2,500,000.
Those violating the establishment and quantity of establishment prescribed in Paragraph Six or Paragraph Seven of Article 20 shall be fined a sum of not less than NT$100,000 and not more than NT$1 million.
Article 46
If there are provisions of more severe punishment for the crimes prescribed in this Chapter in other laws, such provisions shall apply.
If the personnel handing referendum affairs commit any of the crimes prescribed in this Chapter intentionally by using the power, opportunity or method on duty, the punishment shall be aggravated by a half. If a person commits any of the crimes prescribed in this Chapter and is thus sentenced to fixed-term imprisonment or heavier punishment, he/she shall be deprived of public rights in addition.
Chapter 6 Dispute and Lawsuit of Referendum
Article 47
The governing court of a referendum lawsuit shall be determined pursuant to the following provisions:
1. The first instance of a national referendum lawsuit shall be governed by the high administrative court with jurisdiction at the place of the central government; the first instance of a local referendum lawsuit shall be governed by the high administrative court with jurisdiction at the place of the action of referendum, if the place of action spans or is distributed in the areas under the jurisdiction of several high administrative courts, all the high administrative courts have jurisdiction over the case.
2. The referendum lawsuits of appeal or interlocutory appeal against the first-instance judgment of the high administrative court branch court shall be governed by the Supreme Administrative Court.
Article 48
The prosecutors and the leading proposer of the proposal of referendum may, within 15 days commencing from the day when the result of voting is publicized, file a lawsuit of invalid referendum in the governing court against the election commission under any of the following circumstances:
1. Where an election commission of specific level handles the referendum illegally so that the result of the referendum will be affected.
2. Where anyone violates, intimidates or takes other illegal measures against the leading proposer, any person having the right of referendum or the personnel handing the referendum affairs for the purpose of encumbering the promotion of referendum, free exercise of rights of voting, or exercise of duties, and thus affecting the result of voting.
3. Where anyone violates the provisions of Articles 36 and 37 and the provisions of Paragraphs One and Two of Article 146 of the Criminal Code, and thus affecting the result of voting.
If the lawsuit of invalid referendum specified in the preceding Paragraph has been sentenced and determined, it will not be affected by a criminal verdict of not guilty for the same cause.
Article 49
For the lawsuit of invalid referendum, if the invalidation judgment of the court is determined, the voting of referendum shall be invalid, and the voting shall be held again at a specified time. If the voting is held illegally in part, the part of the voting of referendum shall be invalid, and the voting shall be conducted again at a specified time in respect of the invalid part. However, this shall not apply if it is obvious that the invalid part has no effect on the result of the referendum.
If the result of voting is changed after the re-voting referred to in the preceding Paragraph, it shall be handled in accordance with the provision of Article 30.
Article 50
For the adoption or veto of a proposal of referendum, if the vote is false so that the result of voting will be affected, the prosecutors and the leading proposer of the proposal of referendum may, within 15 days commencing from the day when the result of voting for recall is announced, file a lawsuit in the governing court against the election commission for confirming the adoption or veto of the proposal of referendum.
For the lawsuit for confirming the adoption or veto of the proposal of referendum as referred to in Paragraph Two, if the determined judgment of the court changes the result of voting, the competent authority shall follow the provisions of Articles 30 and 31 within 7 days commencing from the day when the confirmation judgment of the court arrives.
Article 51
If a voter finds any factor that will construct invalid voting, or invalid adoption or veto of a proposal of referendum, he/she may, within 7 days commencing from the day when the result of voting is publicized, submit the material evidence to the prosecutor for prosecution.
Article 52
No appeal may be raised for retrial of a referendum case, and the court hearing the case shall adjudicate it within 6 months.
Article 53
When the competent authority rejects the proposal of referendum, determines the joint signature not established, or fails to decide within the statutory period, the leading proposer may file an administrative dispute in accordance with the law.
In addition to this Act, the Administrative Procedure Code shall apply to the procedure of referendum lawsuits.
The High Administrative Court may entrust the local courts to conduct the preservation of evidences.
The provision of Paragraph Three of Article 116 of the Civil Procedure Code may apply mutatis mutandis to the preservation of evidences.
Chapter 7 Supplementary Provisions
Article 54
The fines set forth in this Act shall be imposed by the corresponding election commissions; if anyone does not pay the fine within the time limit after being notified, the case will be transferred to the judicial authority for coercive execution according to law.
Article 55
The Enforcement Rules of this Act shall be prescribed by the competent authority.
Article 56
This Act shall be effective from the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China