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Chapter Law Content

Chapter 3 Election
Chapter 4 (Deleted)
Section 9 Recall
Article 70
If a proposal for the recall of the president or vice president is raised by members of the Legislative Yuan equaling not less than one quarter of the total members and is approved by not less than two-thirds of the total members, the Legislative Yuan shall announce that the recall proposal is established. However, a president or vice president who has been in office for less than one year shall not be recalled.
Within 10 days after the recall proposal specified in the preceding paragraph is announced, the Legislative Yuan shall transfer to the Central Election Commission the proposal, together with a statement containing the reasons for recall, and a statement of defense raised by the person subject to recall.
Article 71
The Central Election Commission shall, within twenty days from the day after receiving the statement detailing the reasons for recall and the statement of defense transferred from the Legislative Yuan, issue public notice of the following matters:
1. The date and hours of the vote for recall
2. The statement detailing the reasons for recall
3. The statement of defense
Article 72
During the campaign period of the recall, the Central Electoral Commission shall hold a publicly televised recall meeting, at which the leading person who proposed the recall and the person subject to recall shall personally appear or shall appoint a representative to appear and to make a statement. However, this meeting may be waived with the consent of both the person who proposed the recall and the person subject to recall.
The Central Election Commission shall determine the number of occurrences, time, procedures, and other related matters for the publicly televised recall meeting specified in the preceding paragraph.
Article 73
The Central Election Commission shall hold the recall vote within sixty days from the day after receipt of the statement detailing the reasons for the recall and the statement of defense transferred from the Legislative Yuan. If other votes or elections are to be held during this same period, voting for all shall take place at the same time.
If the person subject to recall dies, leaves office, or resigns before election day, the Central Election Commission shall issue public notice of the termination of the recall.
Article 74
The ballots for the recall of president and vice president shall be printed separately. However, if the president and the vice president are subject to the same recall transferred from the Legislative Yuan, the ballots shall be printed with the president and the vice president listed in conjunction.
On the ballots for recall shall be printed two columns, “Agree to Recall” and “Do Not Agree to Recall”, and the voter shall use the voting marker prepared by the election commission to make their selection.
After the selection is made, the voter shall not show the ballot to others.
Article 75
The provisions set forth in this Act that govern voters, the list of qualified voters, voting, and ballot counting shall apply mutatis mutandis to the voters, the list of voters, and voting and ballot counting for a recall.
Article 76
A recall proposal shall be adopted when more than half of the total voters in the free area of the Republic of China have voted, and more than half of the valid ballots agree to recall.
Article 77
Within seven days after the polls for the recall vote have closed, the Central Election Commission shall issue public notice to announce the result of the vote. If the recall proposal is adopted, the person subject to recall shall be removed from office on the day the public notice is issued.
Article 78
If a recall proposal is adopted, the person subject to recall shall not be permitted to be a candidate for president or vice president within four years from the day they are removed from office; this provision shall also apply if the person subject to recall resigns after the recall is declared established.
If a recall proposal is rejected, no more recall proposals shall be raised against the same person within the term of office of the aforesaid person.