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

Print Time:2024/11/24 23:29
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Chapter Law Content

Title: Referendum Act CH
Category: Central Election Commission(中央選舉委員會)
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.
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