No Support JavaScript

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

Print Time:2022/12/01 16:16
:::

Chapter Law Content

Chapter 3 Election and Recall
Section 3 Candidates
Article 24
An elector who has completed his/her twenty-third year of age may apply for being registered as the candidate for civil servants in the electoral district where he exercises his/her right of suffrage. However, a candidate for the governor of a municipality or a county (city) shall have completed his/her thirtieth year of age, and a candidate for the chief of a township (city) or an indigenous district shall have completed his/her twenty-sixth year of age.
An elector who has completed his/her twenty-third year of age may be registered by a political party legally established as the candidate for the national integrated election and for the overseas election of central civil servants.
A citizen of the ROC living in a foreign country, who has completed his/her twenty-third year of age and has not set his/her domicile in the ROC or has migrated his/her domicile to a foreign country for 8 consecutive years, may be registered by a political party legally established as the candidate for the national integrated election and for the overseas election of central civil servants.
The political party referred to in the two proceeding Paragraphs shall conform to one of the following provisions:
1. The total votes attained the recent election of President and Vice-President by the recommended candidates have achieved 2% and more of the total valid votes in the election. As for the same candidates of President and Vice-President recommended by two or more parties, the votes attained shall be divided by the number of the recommending parties.
2. The votes attained has totaled 2 % and more in the recent 3 times of the national integrated election and the overseas election of central civil servants.
3. The current members of the Legislative Yuan total 5 and more; the deposit of the civil servants and the list of central civil servants are submitted for applying for the candidate registration.
4. The candidates for the regional election and the indigenous election of central civil servants recommended by the party achieve 10 or more persons who are qualified through the examination of the Central Election Commission.
The calculation of the 8-year period as referred to in Paragraph 3 shall commence from the day when the migration of domicile is registered.
The candidates for the national integrated election and the overseas election of central civil servants registered by a political party shall be members of the political party, and a letter of consent shall be produced by the candidates for the registration. The list of candidates shall be made in written form and in certain sequence.
Anyone who has restored the ROC nationality for 3 years or has acquired the ROC nationality by naturalization for 10 years may be registered as a candidate in accordance with the provision of Paragraphs 1 to
The period expiring 3 years or 10 years referred to in the preceding Paragraph shall be calculated up to one day before the polling day.
Article 25
If election is held at the same time for two or more kinds of civil servants, a person may apply for being registered as the candidate for one kind only. The registration of candidates for two kinds shall be invalid.
Where a person is qualified for the candidates for two or more kinds of civil servants, the registration shall be limited to one kind. The registration of candidates for two kinds will be invalid.
Article 26
A person with any of the following circumstances may not be registered as a candidate:
1. Where the person has committed the crime of insurrection or the crime relating to foreign regression after the period of suppressing communist rebellion, and is sentenced under the Criminal Code.
2. Where the person has committed the crime of corruption and is thus sentenced.
3. Where the person has committed the crime prescribed in Article 142 or Article 144 of the Criminal Code, and is sentenced under the Criminal Code.
4. Where the person has committed any crime other than prescribed in the preceding three Subparagraphs and is thus sentenced to fixed-term imprisonment, and the imprisonment has not been executed or has not been finished yet. However, this shall not apply to the persons who are under probation.
5. Where the person is sentenced to the security punishment or reclamation, and the judgement is determined but not executed or not finished.
6. Where the person is announced bankrupt and has not recovered the property rights.
7. Where the person is dismissed or recalled according to law and the period has not expired.
8. Where the person is deprived of public rights, and the period of deprivation has not expired.
9. Where the person has become subject to the order of the commencement of guardianship or assistantship has not been cancelled yet.
Article 27
Any of the following persons shall not apply for being registered as a candidate:
1. Active soldiers.
2. Active male soldiers under replacement duty.
3. Students in military schools.
4. The commissioners, supervisors and staff of the election commissions of specific levels, the personnel handling election affairs in the township (city / district) offices, and the staff of polling stations and ballot counting stations.
5. Those shall not be registered as candidates in accordance with other prescribed laws.
If any of the soldiers referred to in Subparagraph 1 is mustered from reservist or militia, or has not enrolled in the army, or is mustered for education, service or drilling, he /she shall be exempted from the restriction. Any of active male soldiers referred to in Subparagraph 2 who is mustered for service after the duty is due shall be deemed as the same.
Where the electee resigns after accession or is sentenced under any of the provisions prescribed in Subparagraphs 2 and 3 of Paragraph One of Article 120 to be an invalid electee, he / she shall not apply for being registered as a candidate of the corresponding by-election.
Article 28
A political party legally established may recommend candidates to participate in the election of civil servants. A candidate recommended by a political party shall be a member of the political party involved, and shall submit a letter of recommendation stamped with the political party's seal granted by the central competent authority to the election commission for registration within the time limit for registration of candidates.
The letter of recommendation referred to in the preceding Paragraph shall be submitted to the election commission handling the registration when applying for being registered as a candidate; any application with the letter of recommendation submitted after the deadline for registration will not be accepted.
Article 29
After the list of the candidates is publicized through public notice, if it is found that the candidate conforms to any of the following circumstances before the public notice is issued or before polling, the election commission shall cancel the registration of the candidate before polling; or if the candidate is elected, a lawsuit claiming the electee’s being elected is invalid in accordance with the provisions of Article 121 shall be raised:
1. Where the candidate does not meet the qualification requirement set forth in Paragraphs One to Three of Article 24.
2. Where the candidate conforms to any of the circumstances prescribed in Article 26 or Paragraphs One and Three of Article 27.
3. Where the candidate may not be registered as the candidate according to the provisions of Paragraph One of Article 92.
After the list of the candidates for the national integrated election and the overseas election of central civil servants is publicized through public notice, if it is found that the qualification of the political party registered does not conform to the provisions set forth in Paragraph Four of Article 24 before the public notice is issued or before polling, the election commission shall cancel the registration of the candidate before polling; or if the candidate is elected, a lawsuit claiming the electee’s being elected is invalid in accordance with the provisions of Article 121 shall be raised.
Article 30
Within the period from the deadline for registration of candidates to the day before voting, if any of the candidates for the regional election of central civil servants and governor of a municipality and county (city) dies, the election commission shall publicize to stop the election and specify another time for holding the reelection.
Article 31
The persons who have been registered as candidates may not relinquish the registration.
For the candidates for the regional election and the indigenous election of central civil servants and the election of local civil servants recommended by a political party, the political party may, before the expiration of the time limit for registration, submit an application for relinquishment of recommendation stamped with the political party's seal granted by the central competent authority to the election commission originally handling the registration, to relinquish the recommendation. Application filed after the time limit expires will not be accepted.
For the list of candidates for the national integrated election and the overseas election of central civil servants registered by a political party, the political party may, before expiration of the time limit for registration, submit an application for relinquishment or replacement of registration stamped with the political party's seal granted by the central competent authority to the election commission originally handling the registration, to relinquish or replace the registration. The replacement of the list of candidates includes alteration of the number of candidates, change of any candidate and adjustment of the sequence; if a candidate is newly added in the list, the political party shall submit the required documents and pay the deposit according to the relevant provisions.
If a person who has been registered as a candidate migrates out of the electoral district or has his / her domicile moved after the time limit for registration expires, it shall not affect his/her qualification as a candidate, and the person shall also exercise his / her right of suffrage in the original electoral district.
Article 32
When being registered as a candidate, a person shall pay the deposit, and the amount shall be publicized by the election commission in advance.
The deposit payable by the candidates for the national integrated election and the overseas election of central civil servants shall be paid by the political party registering the candidates according to the number of the registered candidates pursuant to the amount specified.
The payment shall be paid by cash, promissory note issued by financial institutions, certified check or Giro check; the cash shall not be paid by coinage.
The deposit shall be returned within 30 days after the list of electees is announced. However, it will not be returned under any of the following circumstances:
1. Where the candidate for the national integrated election and the overseas election of central civil servants is not elected.
2. Where the votes gained by the candidate not elected except for the candidates not elected referred to in the preceding Subparagraph fails to achieve 10% of the quotient of dividing the total electors in the electoral district by the quota to be elected.
The total of the electors in the electoral district referred to in Subparagraph 2 of the preceding Paragraph shall be deducted the number of the direct immigrating electors in accordance with the provisions of Paragraph 4 and Paragraph 5 of Article 47 in Household Registration Law.
Prior to returning the deposit referred to in Paragraph Four, the amount which shall be directly deducted according to the provision of Paragraph Two of Article 130 shall be deducted in advance; the residual will be returned if there is any.
Article 33
The candidates shall prepare the forms and the deposit set forth by the election commission to apply for registration to the election commission handling the registration within a specified time limit. Where the forms or the deposit does not conform to the provisions or the registration is not handled within the specified time limit, it will not be accepted.
Article 34
The qualification requirements of the candidates for the election of various civil servants shall be examined and publicized by the election commission in charge.
For the national integrated election and the overseas election of central civil servants, if it is found through examination that a candidate nominated in the list offered by the political party does not conform to the relevant provisions, the registration shall not be granted and the vacancy in the list shall be filled by the others in due order according to the backward sequence in the list.
Where the political party applying for the registration of the national integrated election and overseas election of central civil servants does not conform to the provisions prescribed in Paragraph 4 of Article 24, the registration shall be not granted.
For the regional election and the indigenous election of central civil servants, and the election of local civil servants, the election commission shall notify each candidate to draw lottery publicly 3 days before the list of candidates is publicized, so as to decide the sequence of the candidates in the determined list of candidates. However, township (city/district) offices may be designated to implement the lottery for determining the sequence of the candidates for representatives of township (city) congresses, representatives of the indigenous districts, chiefs of townships (cities), chiefs of indigenous districts, and chiefs of villages (boroughs).
The lottery for determining the sequence of the candidates as referred to in the preceding Paragraph shall be conducted under the on-site supervision of the supervisors. If a candidate fails to arrive at the spot to draw the lottery personally, the lottery may be drawn by the agent holding the commission letter of the corresponding candidates. Where the candidate neither draws lottery personally nor commissions an agent to draw the lottery for the candidate does not draw the lottery after being called for three times despite being present, the handling government agency shall draw the lottery on behalf of the candidate.
The sequence of the political parties announced in the list of candidates for the national integrated election and the overseas of central civil servants shall be determined by the lottery conducted by the Central Commission 3 days before publicizing the list.
For the lottery of the political parties in the preceding Paragraph, an agent designed by a political party shall be present to draw the lottery. Where a political party does not designate an agent or the designated agent fails to draw the lottery in person or the agent does not draw the lottery after being called for three times despite being present, the handing government agency shall draw the lottery on behalf of the political party.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)