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Chapter Law Content

Chapter 3 Election
Section 5 Election and Recall Activities
Article 36
The periods designated for presidential and vice-presidential election campaign and recall campaign activities shall be twenty-eight days.
The periods stipulated in the preceding paragraph shall be counted backwards from the day before election day; election campaign and recall campaign activities shall be conducted between the hours of 7:00 a.m. and 10:00 p.m.
Article 37
(deleted)
Article 38
The maximum amount of campaign funds allowed for a single pair of candidates shall be prescribed by the Central Election Commission and shall be issued by public notice on the same day the public notice of the election is issued.
The maximum campaign fund amount referenced in the preceding paragraph shall be the sum of NT$100 million plus the product of 70% of the total population of the free area of the Republic of China multiplied by the basic amount of NT$20.
The maximum campaign fund amount shall be rounded to the nearest NT$1000.
The total population of the free area of the Republic of China referenced in Paragraph 2 refers to the total population calculated in the household registration statistics data from the final day of the month that is six months prior to the month when voting shall take place.
Article 39
(deleted)
Article 40
A pair of candidates may list as itemized deductions on their income tax declaration for the election year any campaign expenses, less any accepted donations, that do not exceed the maximum campaign fund amount prescribed in Article 38 and that were paid during the period beginning on the day public notice of the election is issued and ending thirty days after election day.
Article 41
If a pair of candidates receives not less than one-third of the total votes, the candidate pair shall receive a campaign expense subsidy of NT$30 per vote. However, the campaign subsidy shall not exceed the maximum amount of campaign funds allowed for a single pair of candidates.
The political party that recommended the pair of candidates shall collect the subsidy; if one pair of candidates is jointly recommended by two or more political parties, the political parties shall jointly sign the receipt and jointly collect the subsidy.
The campaign expense subsidy amount referenced in Paragraph 1 shall be calculated by the Central Election Commission within thirty days of the day after public notice of the list of electees is issued. The Central Election Commission shall inform the pair of candidates that were co-signatories to the registration or the recommending political party that within three months they must prepare a receipt for and collect the subsidy from the Central Election Commission.
Candidates or political parties that do not collect the campaign expense subsidy by the specified time shall be urged by the Central Election Commission to collect the subsidy within three months. Subsidies that are not collected by that time shall be regarded as abandoned.
Fines levied in accordance with the provisions of Paragraph 2 of Article 113 shall be deducted directly from the subsidy specified in Paragraph 1, after which any remaining balance shall be returned.
If a candidate who has collected a campaign expense subsidy has received a final conviction and sentence for violating Article 84, Paragraph 1 of Article 86, Subparagraph 1 of Paragraph 1 of Article 87, or Paragraph 1 of Article 89, or if the election win has been declared null and void by court decision due to a violation of Subparagraph 3 of Paragraph 1 of Article 104, the election commission, after receipt of the final decision of the court, shall provide written notice to the candidate that any campaign expense subsidy amount that they have collected or deducted must be returned within thirty days, and that failure to do so shall result in the matter being handed over for enforcement.
Article 42
A pair of candidates may establish campaign offices during the period designated for election campaign activities. If more than one campaign office is established, the candidates shall be in charge of the principal office and shall designate specific personnel to take charge of the other offices. The addresses of the offices and the names of those in charge shall be registered with the Central Election Commission.
Candidate campaign offices shall not be established in government agencies or institutions, schools, legally-established civil associations, places frequently used as polling stations or ballot counting stations, or any other public place. However, this shall not apply to the offices for political party committees.
Article 43
After public notice of an election is issued or an established recall is declared, commissioners, supervisors, and employees of election commissions at all levels, and the personnel handling election affairs in township (city/district) offices shall not engage in any of the following:
1. Make a public speech or a sign a recommendation in order to promote a candidate or the support or opposition of a recall campaign
2. Publicly lend support for or declare a position regarding a candidate or the support or opposition of a recall campaign
3. Promote a candidate or the support or opposition of a recall campaign during a press conference or an interview with the media
4. Print and distribute or hang materials promoting a candidate or the support or opposition of a recall campaign
5. Hang or erect advertisements such as slogans, billboards, flags, or banners to promote a candidate or the support or opposition of a recall campaign
6. Promote a candidate or the support or opposition of a recall campaign via radio, television, internet, or other media
7. Participate in a demonstration, fundraising activity, or canvass for a candidate or the support or opposition of a recall campaign
Article 44
The Central Election Commission shall compile the assigned candidate number, photograph, name, date of birth, gender, birthplace, registration method, educational background, experience, and political views of each pair of candidates, as well as relevant election and voting regulations and shall publish both print and audio versions of the election bulletin.
The educational background and experience referenced in the preceding paragraph shall be a maximum of 300 words. Only graduates of universities registered with or recognized by the competent authority in charge of education shall be recognized as university graduates. Candidates must submit documentary evidence of their educational background at the time of registration, or their educational background shall not be published in the election bulletin.
The candidate data detailed in Paragraph 1 shall be submitted to the Central Election Commission at the time of registration.
The content of the political views referenced in Paragraph 1 may contain text and graphics, and all candidates shall be allowed fair access to the election bulletin. Regulations governing the preparation, format, and printing of the election bulletin and other related matters shall be determined by the Central Election Commission. Candidates whose content violates provisions of Article 49 shall be notified by the Central Election Commission that the content must be modified by a specified time; if it is not revised by the specified time or if after revision the content still fails to comply with regulations, any portion that is not in compliance shall not be published in the election bulletin.
Candidates are responsible for their own personal data. Personal data known or proved to be false by the Central Election Commission shall not be published in the election bulletin. In the column labeled method of registration, candidates recommended by political parties shall fill in the name of the recommending political party followed by "recommendation"; if a pair of candidates for president and vice president is recommended by two or more political parties, the names of the political parties shall be listed in the same order as in the political party recommendation letter; candidates who register by way of joint-signature petition, shall fill in “joint-signature petition”.
Two days before election day, the election bulletin shall be delivered to each household in the electoral district, published on the website of the Central Election Commission, and disseminated in other appropriate ways.
Article 45
The Central Election Commission shall provide, at public expense, presidential and vice-presidential candidates with time to express their political views on national broadcast television. Each pair of candidates shall be provided not less than thirty minutes each time; the participation of the designated television stations shall be compulsory. Regulations governing implementation shall be determined by the Central Election Commission.
With the consent of two or more pairs of candidates, an individual or association may hold a debate on national broadcast television; television stations shall accept such a debate and may apply for a subsidy from the Central Election Commission. Regulations governing the application procedures, subsidy amount, criteria and other related matters shall be determined by the Central Election Commission.
The televised presidential debates specified in the preceding paragraph shall be held no more than three times; during each debate, each candidate shall be allowed no more than thirty minutes. The televised debate for vice president shall be conducted in the same manner, but shall be held only once.
Candidates shall be personally responsible for the political views they present, and the content of the debates specified in Paragraphs 1 and 2.
Article 46
Broadcast television stations shall provide airtime, for which they shall be compensated, to political parties that have recommended or registered candidates, to candidates who are engaged in campaign promotion activities, to the primary person who proposed a recall, to the person who is subject to recall, and for promotion of the support or opposition of a recall campaign; this matter shall be handled in a fair and just manner.
Public broadcast television stations, non-profit broadcast radio stations, and broadcast or cable television stations shall not broadcast advertisements that are for election campaigns or that promote the support or opposition of a recall campaign.
When discussing elections, discussing matters related to a recall campaign, reporting the news, or inviting to participate in a program a candidate, the primary person who proposed a recall, or the person subject to recall in a program the conduct of the broadcast television stations shall be fair and just and there shall not be differential treatment without legitimate reasons.
If a broadcast television station violates a provision of the preceding three paragraphs, such violations may be reported to the election commission within one month of the broadcast by providing material evidence of the violation, such as a video or audio recording.
Article 46-1
During the periods designated for presidential and vice-presidential election campaign and recall activities, civil servants in agencies at any level of the central or local government shall not participate in election campaign or recall campaign promotion activities.
Article 47
Advertisements for election campaigns or recall campaigns that are published in newspapers, magazines, or on the internet, are broadcast on television, or are disseminated through other forms of media shall specify who has broadcast or published the advertisement, who has paid for it, and any other relevant information.
The Central Election Commission shall determine what must be specified, the content, the format, and other matters that must be observed for election campaign and recall campaign advertisements detailed in the preceding paragraph.
Article 47-1
Newspapers, magazines, broadcast television stations, internet service providers and other media that publish the election campaign and recall campaign advertisements specified in the preceding article shall verify that publishing commissions are not directly or indirectly accepted from individuals, juridical persons, organizations or institutions included in the following items:
1. Foreign citizens, foreign juridical persons, foreign associations and other foreign institutions, as well as juridical persons, associations and other institutions with membership mainly composed of foreign citizens, foreign juridical persons, foreign associations or other foreign institutions
2. Citizens, juridical persons, associations and other institutions of the People’s Republic of China, as well as juridical persons, associations and other institutions with membership mainly composed of citizens, juridical persons, associations or other institutions of the People’s Republic of China
3. Residents, juridical persons, associations and other institutions of Hong Kong or Macao, as well as juridical persons, associations and other institutions with membership mainly composed of residents, juridical persons, associations or other institutions of Hong Kong or Macao
Newspapers, magazines, broadcast television stations, internet service providers and other media entrusted to publish election campaign and recall campaign advertisements shall verify that the entrusting party does not fall under the circumstances of the preceding subparagraphs and shall retain a certificate issued by the entrusting party stating that the said party does not fall under the circumstances of the preceding subparagraph.
Article 47-2
Newspapers, magazines, broadcast television stations, internet service providers and other media shall retain complete records of commissioned election campaign and recall campaign advertisements, including the targeted audience and conditions and the certificate detailed in Paragraph 2 of the preceding article; such records shall be retained for a period of four years from the time the advertisement is broadcast or published.
The Central Election Commission shall determine the items, content and procedures for other matters that must be observed as part of the retained records detailed in the preceding paragraph.
Article 47-3
From the date public notice of an election is issued or an established recall campaign is declared until the day before election day, if a prospective candidate, candidate, person subject to recall, or the primary person who proposed a recall is aware that there is a deepfake of their own voice or likeness that has been broadcast on television or published on the internet they may request an investigation by submitting a completed application form and paying the required fee.
The term deepfake that is used in the preceding paragraph refers to the use of digital composites or other technological methods used to create a form that convincingly performs speech and actions that are not those of the actual person.
If a prospective candidate, candidate, person subject to recall, or the primary person who proposed a recall requests the police investigated detailed in Paragraph 1 and the voice or likeness are found to be a deepfake, they should submit the investigation dossier along with a written request to the broadcasting businesses, internet platform provider, or internet application service provider so that they may address, in accordance with Paragraph 4, the broadcast or published of the speech or likeness, and inform the Central Election Commission.
Within two days from the date of receipt of the request detailed in the preceding paragraph, the television station, internet hosting service or internet application service provider shall comply with the following provisions:
1. Broadcast television stations shall stop broadcasting the voice and likeness.
2. Internet hosting services and internet application service providers shall restrict browsing and remove or take down the voice and likeness.
Broadcast television stations, Internet hosting services and internet application service providers shall, within six months from the date of receipt of the request referenced in Paragraph 3, retain the electronic records or webpage data of the voice or likeness that was broadcast or published, as well as the data of the entrusted broadcaster or publisher and their internet usage record data; in the event of litigation, the retention shall be extended to three months after the judgment is finalized.
Regulations governing the request for investigation referenced in Paragraph 1 and related matters, including eligibility, procedures, forms, the format of video and audio files, fees, the content that shall be included in the investigation dossier issued by the police shall be determined by the Ministry of the Interior.
Article 48
Candidates, the primary person who proposed a recall, and the person subject to recall shall personally sign text and pictures used as promotional materials for election campaigns or recall campaigns. During the period designated for election campaign or recall campaign activities, a political party may print and distribute text and pictures used as promotional materials for candidates that the party has recommended for office and for members of the party who have proposed a recall or are subject to recall; the name of the political party shall be listed on the promotional materials; if two or more political parties jointly recommend one pair of candidates, the names of all the recommending political parties shall be listed on the promotional materials. The promotional material shall only be posted in the candidate campaign offices, the offices of the political party or parties, and on campaign promotion vehicles.
Promotional materials specified in the preceding paragraph that are printed before the period designated for election campaign or recall campaign activities begins and that are intended to be distributed after the start of the said period shall be regarded as printed during the period designated for election and recall activities.
Advertisements for election campaigns or recall campaigns in the form of slogans, billboards, flags, or banners shall list the name of the political party or person who has hung or erected the said advertisements. Such advertisements shall not be hung or erected on roads or bridges, in parks, government agencies or institutions, schools, other public facilities, or their grounds. However, this shall not apply to locations designated through public notice by the municipal or county (city) government as for use by candidates, the primary person who proposed a recall, the person subject to recall, persons who have recommended a candidate or political parties with members who have proposed a recall or are subject to recall.
Access to locations designated through public notice by the municipal or county (city) government shall be provided in a fair and just manner; regulations governing the use and management of such locations shall be determined by the municipal or county (city) government.
Advertisements shall not be hung or erected in a manner that disrupts public safety or the flow traffic and shall be removed by the candidates within seven days after election day. Violations shall be handled in accordance with relevant laws and regulations.
The Central Election Commission shall notify the competent authority or unit of the municipal or county (city) government to handle, in accordance with regulations, violations of the provisions of Paragraph 1 and Paragraph 3 governing posting promotional materials and hanging or erecting advertisements.
Article 49
The discourse of candidates and their campaign staff regarding the election campaign and the discourse of the primary person who proposed a recall, the person who is subject to recall, and those assisting in recall campaign activities shall not contain any of the following:
1. Incitation of others to commit the offense of sedition or the offense of treason.
2. Incitation of others to destroy the social order through insurrection.
3. Violation of the provisions of any other criminal laws
Article 50
The following is prohibited for all political parties and all individuals:
1. Publicly campaigning, electioneering, or engaging in recall campaign activities before 7:00 a.m. or after 10:00 p.m. on any day during the period designated for election and recall activities. This shall not apply to activities that do not disturb local residential life or do not have an antisocial impact.
2. Campaigning, electioneering, or engaging in recall campaign activities on the election day.
3. Hindering the election campaign or recall campaign activities of other political parties or candidates.
4. Inviting foreign citizens or residents of China, Hong Kong or Macau to engage in the behaviors prescribed in the subparagraphs of Article 43. This shall not apply if the invited person is a candidate, the spouse of the person subject to recall or if either as described in Subparagraph 2 of Article 43 the person has publicly lent support or declared a position or as described in Subparagraph 7 of Article 43 the person has participated in a demonstration or canvassing as described, but has not publicly made a speech in support.
Article 51
Political parties and candidates that use loudspeakers for campaign or recall activities shall not use the speakers to make noise. Violations shall be handled by the competent authority for environmental protection or police agencies in accordance with the provisions of relevant laws.
Article 52
From the day public notice of an election is issued or an established recall campaign is declared until ten days before election day, any political party or person who distributes public-opinion survey data related to a candidate, a person subject to recall, or an election campaign or recall campaign shall clearly indicate the organization responsible, the person in charge, when the survey was conducted, the sampling method, the size of the rating scale, sample size, margin of error, and source of funding.
During the period specified in the preceding paragraph, election campaign or recall campaign survey data that does not contain the items in the preceding paragraph and any other election campaign or recall campaign information that resembles a public-opinion poll shall not be permitted to be published, reported, disseminated, the subject of commentary, or quoted. This shall not apply to political parties with a candidate in the election, candidates, persons who proposed a recall, persons subject to recall who have made their own estimations.
From ten days before election day until the polls close, no political party or person shall be permitted to report, disseminate, comment on, or quote from the materials detailed in the preceding two paragraphs.