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

Print Time:2024/04/24 09:06
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Chapter Law Content

Chapter 1 General Principles
Article 1
The election and recall of public officials shall be governed by the Act.
Article 2
“Public officials” called in this Act refers to the following personnel:
1.Central public officials:members of the Legislative Yuan.
2.Local public officials:municipal councilors, county(city) councilors,representatives of township(city) congresses,representatives of mountain indigenous district(hereinafter referred to as indigenous district) congresses,governors of municipalities(municipal mayors),governors of counties(cities),chiefs of townships (cities),chiefs of indigenous districts and chiefs of villages(boroughs).
Article 3
The election of public officials shall be implemented by way of common,fair,direct and secret vote.
The national integrated election and overseas election of central public officials shall be implemented in the proportion of political parties.
The recall of public officials shall be decided by the electors in the original electoral district by way of secret vote.
Article 4
The age and period of residence of electors and candidates shall be calculated up to the day before the polling day based on the household registration data,unless otherwise prescribed.
The calculation of the period of residence referred to in the preceding paragraph shall commence from the day when applying for household registration of immigration.
In case of re-voting,the calculation shall be made according to the original polling day all the same.
Article 5
In this Act,the calculation of the periods of election and recall shall be made in accordance with the provisions of the Administrative Procedure Code,unless otherwise prescribed.Nonetheless,if the last day of such a period is Saturday,Sunday,National Holiday,or other rest day, the period shall not be prolonged,unless the administrative organs stop working due to natural disaster.
In this Act,the day a given number of days before the polling day refers to the day counted backwards the given number from the day before the polling day;the day a given number of days after the polling day refers to the day counted forwards the given number from the day next to the polling day;and the terminating day of the period a given number days before the polling day refers to the day counted the given number backwards from the day before the polling day.
Where an application for election or recall is filed with the government agency of election by post,the date of application shall refer to the day when the government agency receives the application.
Article 5-1
The day of the election and recall of public officials shall be a holiday.
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