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

Print Time:2024/09/19 12:03
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Chapter Law Content

Chapter 3 Election and Recall
Chapter 4 (Deleted)
Section 9 Recall
Paragraph 1 To Raise a Proposal of Recall
Article 75
Recall proposals for public officials shall be filed with the election commission by the voters in the electoral district where the official was elected. However, public officials who have been in office for less than one year shall not be recalled.
Recall provisions shall not apply to electees in elections for legislators at-large or legislators residing overseas.
Article 76
The persons who raise a recall proposal shall be the voters in the electoral district where the official was elected, and the primary person who proposes the recall shall submit the completed recall proposal form, the original copy and one duplicate copy of the statement detailing the reasons for the recall, the original copy and one duplicate copy of the list of proposers to the election commission.
The number of proposers referenced in the preceding paragraph shall not be less than one percent of the total number of voters in the electoral district where the official was elected; if the calculated percentage has a decimal mantissa, it shall be rounded.
The list of proposers in the first paragraph shall be completed according to the specified format and with each row filled in accurately with the identification (ID) card number and address of the domicile of each proposer bound into registers separated by villages (boroughs), and one person shall be designated as the primary person who proposed the recall. The word fount for the statement detailing the reasons for the recall shall be limited to 5,000 words.
A recall shall not be raised against more than one person in a single proposal. However, the vote for two or more recall proposals may be held at the same time.
If the documents for a recall proposal are not in accordance with the provisions of Paragraph 1, Paragraph 3, or the preceding paragraph, or if the list of signatures for the joint-signature petition does not reach the amount specified in Paragraph 2, they shall not be accepted by the election commission.
The Central Election Commission shall create an electronic system for the primary person who proposed a recall to collect signatures for the joint-signature petition; the types of recall that shall use it, the method for signing the joint-signature petition, inspection procedures, and other related matters shall be determined by the Central Election Commission.
When electronically collecting signatures for a joint-signature petition, the documents shall be provided via electromagnetic records.
In the event of the death of the primary person who proposed the recall or with written consent from at least one half of the total number of proposers, the designated replacement leader will assume the position of the primary person who proposed the recall; this shall be limited to one occurrence.
Article 77
Active-duty military service members, male citizens of conscription age who are actively serving substitute service, and civil servants shall not be permitted to propose a recall.
The civil servants referenced in the preceding paragraph are the civil servants specified in Article 24 of the Civil Servant Services Act.
Article 78
Prior to signature collection for the joint-signature petition and with the consent of not less than two-thirds of the total proposers of a recall, a written application to rescind a recall proposal may be submitted to the election commission.
Paragraph 2 Establishment of a Proposal of Recall
Article 79
Within twenty-five days after receiving a recall proposal, the election commission shall examine the list of proposers and remove any proposer for whom any of the following circumstances apply:
1. The proposer fails to meet the provisions of Paragraph 1 of Article 76.
2. The proposer holds any status prescribed in Paragraph 1 of Article 77.
3. The name, identification (ID) card number or address of the domicile of the proposer is recorded incorrectly or unclearly.
4. Proposers have not signed or affixed their seal on the list of proposers.
5. The proposal raised by the proposers is fraudulent or forged.
If the number of proposers fails to reach the prescribed quota after the removal process is conducted in accordance with the provisions of the preceding paragraph, the election commission shall notify the primary person who proposed the recall of the list of proposers who were removed and the respective reasons for their removal and to provide additional proposers within ten days if they are not provided within a specified timeframe or the number proposers still fails to reach the prescribed quota after more are provided, the proposal shall not be accepted. If the prescribed quota is reached, the election commission shall notify the primary person who proposed the recall to collect the format for the list of signatures for the joint-signature petition within ten days from the day after receiving notice and collect the joint signatures within the prescribed period. If the primary person who proposed the recall does not collect the format for the list of signatures for the joint-signature petition timeframe the recall proposal shall be regarded as abandoned.
The provision of additional proposers specified in the preceding paragraph shall be limited to one occurrence, and the list of additional proposers shall be handled in accordance with the provisions of Paragraph 1. If the number of proposers fails to reach the prescribed quota after the removal process, the proposal shall not be accepted. The election commission shall notify the primary person who proposed the recall of the list of proposers who were removed and the respective reasons for their removal.
Article 80
The periods prescribed for collecting signatures specified in Paragraph 2 of the preceding article is as follows:
1. Sixty days for the recall of a legislator, special municipality councilors, mayors of special municipalities, and mayors of counties (cities)
2. Forty days for the recall of county (city) councilors, mayors of townships (cities) and chiefs of indigenous districts.
3. Twenty days for the recall of township (city) council representatives, indigenous district representatives and chiefs of villages (boroughs).
The period specified in the preceding paragraph shall be calculated from the day after the format for the list of signatures for the joint-signature petition is collected.
The primary person who proposed a recall shall submit the original copy and one duplicate copy of the list of signatures for the joint-signature petition together at one time to the election commission within the period prescribed in Paragraph 1; overdue submissions shall not be accepted.
The list of signatures for the joint-signature petition referenced in the preceding paragraph shall be completed according to the specified format and with each row filled in accurately with the identification (ID) card number and address of the domicile of each signer bound into registers separated by villages (boroughs); lists of signatures for the joint-signature petition that are not in the specified format shall not be accepted.
Article 81
The persons who sign a joint-signature petition for a recall proposal shall be the voters in the electoral district where the official was elected, and the number of signers shall be not less than ten percent of the total number of voters in that electoral district.
If the calculated percentage of signers of the recall proposal petition specified in the preceding paragraph has a decimal mantissa, it shall be rounded.
Whoever proposes a recall shall not be a signer of the joint-signature petition for the same recall proposal. The number of proposers and of joint-signature petition signers shall be calculated separately.
Article 82
The total number of voters as referred to in Article 76 and in the preceding article shall refer to the total number of voters in the electoral district where the person subject to recall was elected at the time when they were elected; the age and length of residence of voters shall be calculated up to the day the recall proposal is raised.
Article 83
After receiving the list of signatures for the joint-signature petition, the election commission shall examine the list of joint signers within forty days for the recall of legislators, special municipality councilors, mayors of special municipalities, and mayors of counties (cities), within twenty days for the recall of county (city) councilors, mayors of townships (cities) and chiefs of indigenous districts, and within fifteen days for the recall of township (city) representatives, indigenous district representatives , or chiefs of a villages (boroughs) and remove any signer to whom any of the following circumstances apply. Additionally, if the list of signatures for the joint-signature petition fails to reach the number of signers prescribed in Paragraph 1 of Article 81, the election commission shall directly announce that the recall proposal is not established:
1. The signer is not in accordance with the provision of Paragraph 1 of Article 81.
2. Paragraph 3 of Article 81 applies to the signer.
3. The name, identification (ID) card number or address of the signer is recorded wrongly or unclearly.
4.The signer has not signed or affixed their seal to the list of signatures for the joint-signature petition.
5.The signature of the signer is forged.
If the list of signatures for the joint-signature petition referenced in the preceding paragraph is examined and the number of signatures is found to be insufficient, the election commission shall notify the primary person who proposed a recall to provide additional signatures within ten days; if the additional signatures are not provided within a specified time or if after providing additional signatures, the number of signatures still fails to reach the quota prescribed in Paragraph 1 of Article 81, the election commission shall announce that the recall proposal is not established and shall notify the primary person who proposed the recall of the signatures that were removed and their respective reasons for removal; if the number of signatures meets the prescribed quota, the election commission shall announce that the recall proposal is established.
The provision of additional signatures specified in the preceding paragraph shall be limited to once only, and the list of additional signatures shall be handled in accordance with the provisions of Paragraph 1.
If any of the following apply, the persons who originally proposed the recall shall not be permitted to raise a recall proposal within one year against the same person who was previously subject to recall:
1. It is announced that the recall is not established.
2. The primary person who proposed the recall does not collect the list of signatures for the joint-signature petition within the specified timeframe specified in Paragraph 2 of Article 79, and the proposal is regarded as abandoned
3. The primary person who proposed the recall fails to provide the list of signatures for the joint-signature petition within the timeframe specified in Paragraph 1 of Article 80.
The regulations governing the inspection procedures for the list of proposers and the list of signatures for the joint-signature petition for recall shall be determined by the Central Election Commission.
Article 84
After a recall proposal is declared established, a duplicated copy of the statement detailing the reasons for the recall shall be delivered to the person subject to recall, and the person who is subject to recall shall submit a statement of defense within ten days.
The word count for the statement of defense specified in the preceding paragraph shall be limited to 10,000 words.
Article 85
The election commission shall, within five days after receiving the statement of defense from the person subject to recall, issue public notice of the following matters:
1. The date and hours of the vote for recall
2. The statement detailing the reasons for recall
3. The statement of defense. Public announcement shall not be issued for statements of defense that are not submitted within the stipulated timeframe. If a statement of defense exceeds the word count specified in Paragraph 2 of the preceding Article, the portion that exceeds the word count shall not be included.
Article 86
After a recall proposal has been raised, the primary person who proposed the recall and the person subject to recall may establish staffed offices in support of and opposed to the recall within the recall area.
The recall offices specified in the preceding paragraph 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 or community organizations established in accordance with law.
The Central Election Commission shall determine the regulations governing the establishment of recall offices and the registration, quota, and eligibility restrictions for personnel and other related matters.
During the campaign period for the recall of a legislator, mayor of a special municipality, or mayor of a county (city), the election commission shall hold televised recall meetings, at which the leading person who proposed the recall and the person subject to recall shall personally appear or shall appoint a representative to appear and to make a statement. However, this meeting may be waived with the consent of both the person who proposed the recall and the person subject to recall.
The Central Election Commission shall determine the number of occurrences, time, procedures, and other related matters for the televised recall meeting specified in the preceding paragraph.
Article 86-1
When an established recall is declared, the list of proposers and the list of signatures for the joint-signature petition shall be retained for three months after the ballot count; when it is announced that a recall is not established, they shall be retained for one year and two months after the date of the announcement.
The list of proposers and the list of signatures for the joint-signature petition for recall proposals that were not accepted shall be retained for one year and two months after the date that the proposal was not accepted.
If the recall proposal is considered abandoned or the list of signatures for the joint-signature petition is not expected to be submitted, the list of proposers shall be retained for one year and two months after the date that the proposal was considered abandoned or the period for joint-signature petitions ended.
If a lawsuit regarding the recall is filed during the retaining period, the period shall be prolonged to expire three months after the final judgement.
Paragraph 3 Voting and Ballot Counting for Recall
Article 87
The recall vote shall be held within twenty to sixty days after the established recall is declared. If other votes or elections are to be held during this same period, voting for all shall take place at the same time. If the person subject to recall is also a candidate for election, within sixty days after the establish recall is declared, the recall shall be held as a separate vote.
If the person subject to recall dies, leaves office, or resigns before election day, the election commission shall issue public notice of the termination of the recall.
Article 88
On the ballots for recall shall be printed two columns, “Agree to Recall” and “Do Not Agree to Recall”, and the voter shall use the voting marker prepared by the election commission to make their selection.
After the selection is made, the voter shall not show the ballot to others.
Article 89
The provisions set forth in this Act that govern voters, the list of qualified voters, voting, and ballot counting shall apply mutatis mutandis to the voters, the list of voters, and voting and ballot counting for a recall.
Article 90
A recall proposal shall be adopted when the number of ballots that agree with the recall are greater than the number of ballots that do not agree with the recall, and the number of ballots that agree with the recall number one-quarter or greater of the total number of voters in that electoral district.
If the number of valid ballots that disagree with the recall are greater than the number of valid ballots that agree with the recall or the quota specified in the preceding paragraph is not met, the recall shall be rejected.
Article 91
Within seven days after the polls for the recall vote have closed, the Central Election Commission shall issue public notice to announce the result of the vote. If the recall proposal is adopted, the person subject to recall shall be removed from office on the day the public notice is issued.
If the recall proposal specified in the preceding paragraph is adopted, a by-election shall be held according to relevant provisions, and voting for by-election shall be completed within three months from the day the result of the recall vote is announced. However, if a recall lawsuit is filed, the by-election shall not be held until after the judicial proceeding ends.
Article 92
If a recall proposal is adopted, the person subject to recall shall not be permitted to be a candidate for the same public office in the same electoral district within four years from the day they are removed from office; this shall also apply to a person who resigns during the recall process.
If a recall proposal is rejected, no more recall proposals shall be raised against the same person within the term of office of the aforesaid person.
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