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

Print Time:2022/12/01 16:09
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Chapter Law Content

Chapter 3 Election and Recall
Section 6 Election and Recall Activities
Article 40
The period of election and recall activities of civil servants is prescribed below:
1. For the election of a municipal mayor, 15 days.
2. For the election of members of the Legislative Yuan, municipal councilors, county (city) councilors, the governor of a county (city), the chief of a township(city) and the chief of an Indigenous district, 10 days.
3. For the election of representatives of a township (city) congress, the representatives of an Indigenous district, and the chiefs of villages (boroughs), 5 days.
The period referred to in preceding Paragraph shall be counted backwards from one day before the polling day, and the election and recall activity hours during period shall be from 7:00am to 10:00pm every day.
Article 41
The maximum campaign fund of each kind of civil servants shall be publicized by the election commission on the same day when the public notice for election is issued except for the national integrated election and overseas election of central civil servants.
The maximum campaign fund referred to in the preceding Paragraph shall be calculated pursuant to the following provisions:
1. For the election of members of the Legislative Yuan, municipal councilors, county (city) councilors, the representatives of a township (city) congress, and the representatives of an Indigenous district congress , the maximum shall be the sum of 70 % of the total population of the electoral district divided by the quota of elect and the multiply by the basic amount of NT$ 30, plus a fixed amount.
2. For the election of a municipal mayor, the governor of a county (city), the chief of an Indigenous district, and the chief of a village (borough), the maximum shall be the sum of 70 % of the total population of the electoral district divided by the quota of elect and then multiplied by the basic amount of NT$ 20, plus a fixed amount.
The fixed amount referred to in the preceding Paragraph is NT$ 10,000,000 for each member of the Legislative Yuan and municipal councilor, NT$ 6,000,000 for a county (city) councilor, NT$ 2,000,000 for a representative of an Indigenous district congress, NT$ 50,000,000 for a municipal mayor, NT$ 30,000,000 for the governor of a county (city), NT$ 6,000,000 for the chief of a township (city) and NT$ 200,000 for the chief of a village (borough).
If the maximum campaign fund has a mantissa of less than NT$1000, it shall be rounded to NT$ 1,000 by transfer method.
The total population in the electoral districts referred to in Paragraph Two refers to the total population of household statistics on the final day of the sixth month before the month of polling.
Article 42
The surplus of the campaign expenditures paid by a candidate within the maxi mum campaign fund prescribed in the preceding Article subtracted the donations accepted and the state subsidies pursuant to Article 43 therefrom may be listed in the listing deduction quota of the annual declaration of comprehensive income tax of the very year of the voting day.
The recall expenditures paid by the leading proposer and the person being re called within the maximum campaign fund prescribed in the preceding Article may be listed in the listing deduction quota of the annual declaration of comprehensive income tax of the day when the declaration of recall is not established or the very year of the voting day.
The expenditures referred to in the preceding two Paragraphs refer to the expenses paid for the campaign activities within 30 days from the day when the public notice for election is publicized to the voting day, or from the day when the list of consignees is obtained to the day when the declaration of recall is not established, or within 30 days from the day when the list of consignees is obtained to the voting day for the established declaration of recall.
Article 43
Except for the national integrated election and the overseas election of central civil servants, if there is only one electee and the vote gained by the electee reaches not less than 1/3 of the vote for being elected in the electoral district, or if there are two or more electees and one of them gains a vote of not less than 1/2 of the vote for being elected, the campaign expenses paid by the electee shall be subsidized by a rate of NT$30 per vote. However, the maximum subsidy may not exceed the maximum campaign fund of the candidates in this electoral district.
For the vote for being elected referred to in the preceding Paragraph, if there are two or more electees, the lowest vote shall apply; if the electee of the lowest vote is elected in the quota reserved for women, the lowest vote for being elected shall refer to the vote of the electee of the second lowest vote.
The election commissions shall work out the amount of the subsidy for campaign funds referred to in Paragraph One within 30 days commencing from the day after the public notice of the list of electees is issued, and notify the candidate to prepare the receipt and receive the subsidy from the election commission within 3 months.
The subsidies for campaign funds in the preceding Paragraph which shall be deducted directly in accordance with the provisions prescribed in Paragraph Two of Article 130 shall be deducted in advance; the residual amount will be granted if there is any.
When the candidate who receives the subsidy for campaign expense has been convicted violating the rules in Article 97, first paragraph of Article 99, first paragraph of Article 101, subparagraph 1 of first paragraph of Article 102; or the election has been convicted invalid due to the violation of provisions of subparagraph 3 of first paragraph of Article 120, the election commission should, after receiving the letter of notification, notify the candidate to refund the received amount and the deducted subsidy within 30 days. If the candidate fails to refund the amount, the matter will be enforced forcibly.
Every year the state shall apportion subsidies for campaign to the political parties, and the standard of apportionment shall be determined based on the latest election of members of the Legislative Yuan. If a ratio of vote attained by the political party achieves not less than 3.5% in the national integrated election and the overseas election of central civil servants, the subsidy for campaign funds shall be granted to the political party by a rate of NT$50 per vote every year. The Central Election Commission shall work out the amount of the subsidy every fiscal year, and notify the candidate to prepare the receipt and receive the subsidy from the Central Election Commission within 1 month, till the tenure of the current session of the members of the Legislative Yuan expires.
For the candidates or political parties who do not receive the subsidy for campaign expenses within the specified time limit, the election commissions shall hasten them to receive it within 3 months; the subsidy not received within the specified period is regarded as abandonment.
The subsidies required in Paragraphs One and Six shall be budgeted pursuant to the provisions of Article 13.
Article 44
A candidate may set campaign office(s) in the electoral district during the period of campaign. Where the set offices exceed 2 or more, the specific personnel shall be designated in each office by the candidate in addition to the candidate shall be in charge of the main office, and the address of each office and the name of the personnel in charge shall be registered to the election commission handling the registration.
Campaign office(s) shall not be set in any of government agencies (institutions), schools, civil associations instituted according to law or places designated frequently as polling stations and ballot counting stations and other public locations. However, this shall not apply to the offices of the political parties of specific levels.
Article 45
The commissioners, supervisors and staff of the election commissions of specific levels and the personnel handling election affairs in township (city / district) offices may not perform any of the following actions after the public notice for election is publicized or receiving the proposal for recall:
1. Propagating candidates via public speeches or signed recommendation or support of/opposition to recall.
2. Stage performance or campaign in person for candidates or support of/opposition to recall.
3. Propagating candidates or support of/opposition to recall during the press party or interview by media.
4. Propagating candidates or support of/opposition to recall by printing and posting the propaganda.
5. Propagating candidates or support of/opposition to recall by hanging or erecting the advertising articles such as slogan, signboard, banner, or strip.
6. Propagating candidates or support of/opposition to recall via public media.
7. Participating in parades, request for ballots or funding activities of candidates or support of/opposition to recall.
Article 46
Except for the national integrated election and the overseas election of central civil servants, the election commission shall hold a politics presentation at public expenses during the period of campaign for the election of civil servants, and the candidates shall attend the meeting to present their politics. However, the meeting may be exempted with the consent of all the candidates in the electoral district, and it may be held or exempted for the election of representatives of township (city) congresses, the representatives of Indigenous district congress and the chief of villages (boroughs) depending on the actual circumstance.
The politics presentation referred to in the preceding Paragraph may be held through TV or other public media.
In principle, in the politics presentation referred to in the preceding Paragraph, each candidate shall have not less than 15 minutes every time to express his/her opinions; the measures for the maters regarding the frequency, time and procedure of the meetings shall be prescribed by the Central Election Commission.
Article 47
The election commission shall collect the following data and the regulations regarding the election and voting to compile and print the election bulletin and may record an acoustic election bulletin:
1. For the regional election and the indigenous election of central civil servants (members of the Legislative Yuan) and the election of local civil servants, the sequence, picture, name, date of birth, sex/gender, birthplace, political party recommending, educational background and experiences and politics of the candidates shall be collected.
2. For the national integrated election and the overseas election of central civil servants, the sequence, name and politics of the political party, and the name, date of birth, sex/gender, birthplace and educational background and experiences of the corresponding candidates recommended shall be collected. The mark of the political party shall also be included if there is one.
The educational background of undergraduates and postgraduates referred to in Subparagraphs 1 and 2 shall be limited to the schools registered or certified by the central educational administrative agencies. The candidates shall submit the certificates as they register; the educational background shall not be published where the certificate concerned is not submitted.
Length of the education background and experiences referred in Subparagraph 1 of Paragraph One shall not exceed 150 words; those indicated in Subparagraph 2 of the same Paragraph shall not exceed 75 words.
The politics referred in Paragraph One may contain texts and graphics. The right to utilize the election bulletin shall be equal to all candidates; the instruction shall be prescribed by the Central Election Commission.
The data of candidates and political parties referred to in Paragraphs One and Two shall be submitted jointly to the election commission when applying for registration.
If the politics of a candidate infringe the provisions of Article 55, the election commission shall notify the candidate to modify them within a specified time limit; in case the candidate does not modify them within the time limit or they still infringe the provisions after being modified, the part infringing the provisions shall not be published in the election bulletin.
The candidates and political parties shall be responsible for the corresponding data. The personnel and political party-related data of the candidates known or proved false on duty by the Central Election Commission shall not be published in the election bulletin. As for the column of the political party recommending, the name of the political party shall be published if the candidate is recommended by the political party, and “NONE” shall be published if the candidate is not recommended by the political party.
The mark of the political party referred to in Subparagraph 2 of Paragraph One shall be limited to those registered through the central competent authority and those without the registration shall not be published.
The election bulletin shall be delivered to the families in the electoral district and separately posted in appropriate places 2 days before the polling day.
The election commission may, depending on the actual requirements, hold election and political party election activities through TV or other public media tools for selected kinds of election of civil servants; the measures for the matters regarding the frequency, time and procedure of the activities shall be prescribed by the Central Election Commission.
Article 48
For the national integrated election and the overseas election of central civil servants, the Central Election Commission shall offer the political parties registered the expenditures at the public expenses for campaign activities through the national wireless television channels, the time of which may not be less than an hour per time and the TV station designated may not refuse such request; the measures for the matters regarding the frequency, time and procedure of the propaganda shall be prescribed by the Central Election Commission
Article 49
Broadcast TV enterprises may offer the times with charge to the political parties recommending or registering candidates or the candidates recommended or registered for campaign activities or to the leading proposer or the person being recalled for propaganda of support of/opposition to recall and shall treat both of them in a fair and just manner.
The public broadcast TV station, non-profit broadcast radio station, wireless or wire TV stations may not broadcast the advertisement regarding the campaign and support of/opposition to recall.
Broadcast TV enterprises shall treat the candidates in a fair and just manner and may not perform any discrimination without just cause if any of the candidates, the leading proposer or the person being recalled is invited for the program or is involved in the election or recall-related discourse or report.
Where any of the violations against the provisions prescribed in the three preceding Paragraphs is performed by the broadcast TV enterprises, anyone may report to the election commission with the material evidence such as video tapes or audio tapes within one month after the broadcast.
Article 50
Any of the civil servants in the central and local government agencies of specific levels may not be engaged in any of the activities relating to campaign and propaganda during the campaign period of election or recall for civil servants.
Article 51
The campaign or recall advertisement published or broadcast in/via the newspapers, magazines and other public media shall specify the person who publishes it; where it pertains to a corporate person or an association, the name of the corporate person or the association and the name of the corresponding representative shall both be specified.
Article 52
The propaganda literature printed in texts and pictures for the election or recall shall be signed by any of the political parties and persons in person. Where it pertains to a corporate person or an association, the name of the corporate person or the association and the name of the corresponding representative shall both be specified. The propaganda literature shall only be posted in the campaign offices of the candidate, the offices of the political parties, the offices of recall, and the propaganda vehicles.
Any of the political parties and persons shall not hang or erect any of the advertising articles for campaign or recall such as slogan, signboard, flag or strip on roads and bridges, in parks, government agencies (institutions), schools or other public facilities and the pertinent land in use. However, this shall not apply to the places announced by the municipal or county (city) government.
The places announced by the municipal or county (city) government shall be available evenly and reasonably; the regulations governing the utility management shall be made by the corresponding municipal or county (city) government.
The hanging or erection of advertising articles may not encumber the public safety or the traffic order, and such articles shall be cleared by the candidates themselves within 7 days after the polling day; otherwise, the violation case will be handled in accordance with relevant laws and regulations.
The competent authority of the municipal or county (city) government shall be notified to handle the cases violating the propaganda literature posted or advertising articles hanged or erected referred to in Paragraph One or Two in accordance with the regulations.
Article 53
Any of the political parties or persons shall specify the unit or the host in charge of the survey, implementing time, sampling method, matrix and sample size, error and budget source regarding the publicization of the data relating to candidates and the person being recalled or election and recall survey from the day when the public notice for election is publicized or when the established recall is declared to 10 days before the voting day.
Any of the political parties or persons may not publicize the data relating to candidates and the person being recalled or election and recall survey in any manner from 10 days before the voting day to the time when the voting time expires and may not report, spread, comment or quote such information.
Article 54
Any of the political parties or persons may not make noise as using the speakers for campaign or recall activities. The violators shall be handled by the competent authority of environmental protection or police agencies in accordance with the relevant statutes.
Article 55
The sayings of the candidates or their electioneering personnel for campaign and the sayings of the leading proposer, the person being recalled and persons helping recall activities, representatives and the staff from the offices of recall may not conform to any of the following circumstances:
1. Instigating others to commit the crime of insurrection or the crime relating to foreign aggression.
2. Instigating others to destroy the social order by insurrection.
3. Offending against any other crime prescribed in criminal laws.
Article 56
Any of the political parties or persons may not conform to any of the following circumstances:
1. The public campaign or recall activities before 7:00 am or after 10:00 pm each day during the campaign or recall period. However, this shall not apply to the activities which may not hinder the life of residents or the social peace.
2. The campaign, electioneering or recall activities on the polling day.
3. Hindering the campaign or recall activities of other political parties or candidates.
4. Inviting the foreigners or the residents in China, Hong Kong or Macau for performing the behaviors prescribed in the Subparagraphs of Article 45.
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