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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/09/27 18:15
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Chapter Law Content

Chapter 6 Election and Recall Lawsuits
Article 102
If a government agency handling election or recall violates the law and in doing so influences the result of the election or recall, prosecutors, candidates, the person subject to recall or the primary person who proposed the recall may, within fifteen days after the list of electees or the result of the recall is issued by public notice, file a lawsuit that challenges the validity of the said election or recall with a court with proper jurisdiction against the government agency handling the election or recall.
Article 103
If a lawsuit is filed that challenges the validity of an election or recall, and the court has made a final determination that the said election or recall is invalid, a date shall be determined for a new election or recall to be held; if the law was violated only in part of an election or recall, that part shall be invalid and a date shall be determined for a new vote to be held for the said invalidated part.
Article 104
Under any of the following circumstances, the government agency handling an election or recall, prosecutors, or candidates may, within sixty days after public notice of the list of electees is issued, file a lawsuit against an electee that challenges the validity of the election with a court with proper jurisdiction a court of proper jurisdiction:
1. The number of votes assigned to the electee is inaccurate to the point that the result of the election is likely to be affected.
2. The electee has used violence, coercion, or other illegal means to prevent other candidates, persons with the right to vote, or election workers from campaigning, freely exercising their right to vote, or performing their duty.
3. The electee has committed an act prescribed in this Act in Article 84, Paragraph 1 of Article 86, Subparagraph 1 of Paragraph 1 of Article 87, or Paragraph 1 of Article 90, or prescribed in the Criminal Code in Paragraph 1 or 2 of Article 146.
A final determination that an election is invalid under any of the circumstances prescribed in the subparagraphs of the preceding paragraph shall not be affected by a verdict of not guilty for a criminal case related to the same matter.
Article 105
If any of the circumstances prescribed in the subparagraphs of Article 28 apply to an electee, the government agency handling the election or recall, prosecutors, or candidates may, prior to the expiration of the term of office of the electee, file a lawsuit against the electee that challenges the validity of the election with a court with proper jurisdiction.
Article 106
If a lawsuit was filed that challenges the validity of an election and the court has made a final determination that the said election is invalid, the election of the electee shall be invalid; such an electee who has already taken office shall be removed from office on the day of the said final determination.
Article 107
The determination that the election or the election of the electee is invalid shall not affect the actions taken by the original electee in the performance of their duty after taking office.
Article 108
Under any of the following circumstances, the election commission, prosecutors, the person subject to recall, or the primary person who proposed the recall may, within sixty days after public notice of the result of the election is issued, file a lawsuit against the primary person who proposed the recall or the person subject to recall that challenges the adoption or rejection of the recall proposal with a court with proper jurisdiction:
1. The number of votes for adoption or rejection is inaccurate to the point that the result is likely to be affected.
2. The person subject to recall or the person who proposed the recall has used assault, intimidation, or other illegal means to prevent persons with the right to vote or election workers from freely exercising their right to vote or perform their duty.
3. The person subject to recall or the person who proposed the recall has committed an act prescribed in Paragraph 1 of Article 146 of the Criminal Code.
4. The person subject to recall or the person who proposed the recall has committed an act prescribed in Paragraph 1 of Article 86 that is likely to affect the result of the vote.
5. The person subject to recall has committed an act prescribed in Subparagraph 3 of Paragraph 1 of Article 87.
If a lawsuit challenges the rejection of a recall proposal and the court determines that the rejection is invalid, the rejection of the recall proposal shall be invalid, and a new vote shall be held at a specified time.
If the adoption of the recall proposal is determined to be invalid, the person subject to recall shall resume their original position. This shall not apply to persons who cannot resume their original position.
Article 109
If a voter discovers any factor that shall render invalid an election, the election of a person, a recall, or the adoption or rejection of a recall proposal, they may, within seven days after public notice of the list of electees or the result of the recall is issued, report the matter and submit any material evidence of the said factor to prosecutors or the election commission.
Article 110
Lawsuits pertaining to election and recall shall be exclusively under the jurisdiction of the high court at the seat of the Central Government.
Article 111
An election court shall be formed to hear election and recall lawsuits by using a panel of judges, and such lawsuits shall be adjudicated before other lawsuits. Election and recall lawsuits shall be adjudicated conclusively in the second instance, and no lawsuit for retrial may be filed. Such cases shall be concluded by the accepting court within six months.
When hearing election and recall lawsuits, the court shall use its power to investigate any necessary material evidence.
Article 112
Unless otherwise provided for in this Act, the Code of Civil Procedure shall apply mutatis mutandis to the legal process for election and recall lawsuits. This shall not apply to provisions governing the validity of abandonment, admission, confession during litigation, or no dispute of the facts in a lawsuit.
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