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

Print Time:2024/11/22 10:03
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Chapter Law Content

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