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Chapter 3 Election and Recall
Section 7 Voting and Ballot Counting
Article 57
For the election of civil servants, polling stations shall be established in government agencies (institutions), schools, public places or other appropriate places depending on the range of the electoral district and the distribution of electors.
The locations of polling stations should be equipped with barrier-free facilities. If there weren't such choices, the stations should use relating auxiliary equipment or tools to assist those physically-challenged to cast their ballots. The election commission should appropriately increase the number of work force to actively help those physically-challenged people according to the status of barrier-free situation in the stations.
For the election of indigenous civil servants, the election commission may, depending on the actual circumstances, respectively establish a polling station or hold the voting in the polling station for regional election.
Except the electors , electors' children under the age of 6 and a family member or accompanying person prescribed in Paragraph Three of Article 18, anyone who does not wear the sign issued by the election commission of specific levels may not enter the polling stations. However, this shall not apply to the prosecutors who need enter the polling stations for performing duties according to law.
After the voting is finished, a polling station shall be immediately transformed into a ballot counting station to count the ballots in public. After the ballot counting is finished, the chief administrator and the chief supervisor of the ballot counting station shall announce the result of ballot counting in accordance with the report form of voting and ballot counting at once. In addition to pasting it at the gate of the ballot counting station, the foresaid parties shall sign their names on the duplicated copies of the report form of voting and ballot counting of the same content on the spot, and hand them to the political parties recommending the candidates and the representative designated by the candidates not recommended by political parties; each political party or representative shall receive one copy only.
After the voting and ballot counting is finished, the chief administrator of the polling station and ballot counting station shall, jointly with the chief supervisor, pack and sign or seal the ballots divided into residual ballots, valid ballots and invalid ballots as well as the list of electors, and hand them to the municipal or county (city) election commission through the township (city / district) office for safekeeping.
The ballots may not be opened except for the prosecutors or courts performing duties according to law. Any of the electors may apply for reading the list of the electors to the municipal or county (city) election commission with the personal ID within the 10-day period from the next day of the polling day and the reading shall be limited to the list of the electors at the polling station where the applicant pertains to. The candidates and the designated representatives may read the list of the electors in the electoral districts where they pertain to.
The ballots and the list of electors referred to in Paragraph Six shall be kept for the period prescribed below after the ballot counting is finished:
1. The residual ballots shall be kept for 1 month.
2. The valid ballots and the invalid ballots shall be kept for 6 months.
3. The list of electors shall be kept for 6 months.
If any lawsuit is raised during the safekeeping period in the preceding Paragraph, the safekeeping period of the part relating to the lawsuit shall be prolonged to additional 3 months after the determined judgement.
Article 58
In a polling or ballot counting station shall be set a chief administrator and several administrators, assumed by the persons dispatched by the election commission to handle the polling and ballot counting affairs.
The chief administrator referred to in the preceding Paragraph shall be an active civil servant or teacher and half or more of the administrators referred to in the preceding Paragraph shall be active civil servants or teachers who are dispatched from the selection of the election commission based on the recommendation of the government agencies of specific levels and the public schools. The selected personnel of the government agencies or the teaching staff of the schools may not refuse the appointment.
The municipal or county (city) election commission shall request the local police agencies to dispatch policemen to safeguard the polling or ballot counting stations.
Article 59
In a polling station or ballot counting station shall be set a chief supervisor and several supervisors to monitor the voting and ballot counting. Where there is only a candidate, one supervisor shall be set, or at least two supervisors shall be set in a polling station or ballot counting station.
The chief supervisor shall be an active civil servant or teacher who is dispatched from the selection of the election commission based on the recommendation of the government agencies of specific levels and the public schools. The selected personnel of the government agencies or the teaching staff of the schools may not refuse the appointment.
The supervisors shall be recommended in accordance with the methods below and dispatched by the election commission through examination:
1. For the election of civil servants, the supervisors may be recommended in accordance with the number required by the candidates; however, for the candidates recommended by the political parties, the recommendation shall be made by the political parties involved.
2. For the election of civil servants and the election of the president and the vice president held on the same day, the supervisors may be recommended in accordance with the provisions prescribed in Paragraph 2, Article 55 of Presidential and Vice Presidential Election and Recall Act.
3. For the election of central civil servants, municipal mayors and governors of counties (cities) and the election of other local civil servants held on the same day, the supervisors may be recommended by the candidates for central civil servants, municipal mayors and governors of counties (cities) in accordance with the provisions prescribed in Subparagraph 1.
4. For the recall of civil servants, the supervisors may be recommended in accordance with the number required by the leading proposer and the person being recalled.
Any of the candidates, political parties, the leading proposer or the person being recalled may designate the polling stations and ballot counting stations for the supervisors recommended to perform the supervision of the voting and ballot counting. If the number of the appointed supervisors exceeds the specified quota of polling stations and ballot counting stations, the supervisors shall be decided by drawing the lottery. However, supervisors in a polling station and ballot counting station may not be recommended by the same political party.
Except for one candidate, the election commission shall select and dispatch the supervisors from the following persons if the supervisors of each polling station fail to exceed 2 persons:
1. Local just persons.
2. Staff of government agencies (institutions), associations and schools.
3. Major students in colleges and universities.
Regulations governing the qualification of supervisors, procedures of recommendation and services of supervisors shall be prescribed by the Central Election Commission.
Article 60
The staff of the polling stations and ballot counting stations shall attend the lectures held by the election commissions.
Article 61
The commissioners, supervisors, and clerk of the election commissions of specific levels, the personnel handling election affairs in township (city/district) offices, and the staff of polling/ballot counting stations, who die, get disabled or injured on duty, may apply for compensation according to the relevant provisions on the corresponding positions.
For those who cannot apply for compensation according to the provision of the preceding Paragraph, the compensation will be paid by the election commission. The regulation for the object, amount base, procedures of dispensing compensation and other related matters shall be prescribed by the Central Election Commission.
Article 62
The ballots shall be printed, distributed and applied by the election commission pursuant to electoral district according to the provisions prescribed in the following Subparagraphs:
1. For the regional election and the indigenous election of central civil servants and the election of local civil servants, the S/N, name and photo of each candidate shall be printed on each ballot. The name of the political party shall be printed as well for a candidate recommended by the political party involved; NONE shall be printed for a candidate not recommended by the political party.
2. For the national integrated election and the overseas election of central civil servants, the sequence, mark and name of the political parties shall be printed.
The mark of the political party referred to in Subparagraph 2 of the preceding Paragraph shall be limited to the mark registered through the central competent authority and the unregistered mark will not be printed.
The ballots referred to in Paragraph One shall be printed by the municipal or county (city) election commission in the format and color prescribed by the Central Election Commission and under the on-site supervision of the supervisors, and shall be handed to the chief administrator of each polling station 1 day before polling day. The chief administrator shall count and check the ballots received jointly with the chief supervisor in public.
Article 63
An elector shall use the tool prepared by the election commissions to vote through marking a circle in the "select" column of a candidate and of a political party for the national integrated election and the overseas election of central civil servants.
After marking the ballot, the elector shall not show the contents of ballot to others.
The tool for marking the ballot referred to in Paragraph One shall be fabricated by the municipal or county (city) election commission in the format prescribed by the Central Election Commission
Article 64
Under any of the following circumstances, a ballot shall be regarded as invalid:
1. Where the marking of candidate or political party exceeds one.
2. Where the ballot is not fabricated and distributed by the election commission.
3. Where the marking can not be identified that which political party or candidate it pertains to.
4. Where the marking is altered.
5. Where the ballot is signed, stamped with a seal, pressed by a fingerprint or added by any text or sign.
6. Where the ballot is torn leading to incompleteness.
7. Where the ballot is contaminated so that it can not be identified that which political party or candidate the marking pertains to.
8. Where the ballot is kept blank.
9. Where the tool prepared by the election commission is not used.
The invalid ballot referred to in the preceding Paragraph shall be recognized by the chief administrator of the ballot counting station jointly with the chief supervisor; if any dispute arises, it shall be decided by all the supervisors by vote. If the number of positive votes is equal to that of negative votes, the ballot shall be regarded as valid.
Article 65
The chief administrator shall, jointly with the chief supervisor, order anyone with any of the following circumstances in the polling station or ballot counting station to leave:
1. Those who make noise or disturb or induce others to vote or not to vote, and do not obey the persuasion.
2. Those who carry weapons or hazardous articles into the station.
3. During voting, wear or mark the flags, badges, articles or clothing of political parties, political groups, candidates, and do not obey the persuasion.
4. Disturb the staff of polling stations to ballot counting or obstruct others to visit, and do not obey the persuasion.
5. Those who commit any other misconduct and do not obey the persuasion.
Where an elector performing any of the actions referred to in the preceding Paragraph and is ordered to leave, the ballot held by the elector shall be retrieved and the fact shall be recorded under the name of the elector in the list of electors. In case of severe circumstances, it shall be reported to the election commission with a specific letter.
Except for performing official duties, anyone shall not carry mobile phones or any other photography equipment into the polling stations. However, this restriction shall not apply to mobile devices that have been powered off.
Anyone shall not detect the contents of the ballot marked by any elector via any photography equipment in the polling stations.
Article 66
When a natural disaster or Force Majeure prior to the polling day or on the polling and ballot counting day may have happened or predictably happen, leading to the failure of voting or ballot counting in an individual polling station and ballot counting station, the municipal or county (city) election commission shall report to the Central Election Commission for approval so as to determine another day or place for voting and ballot counting prior to the polling day, and the chief administrator of each polling station and ballot counting station shall report to the municipal or county (city) election commission for approval so as to determine another day or place for voting and ballot counting on the polling day; for the election of levels higher than county (city), the case shall be reported to the Central Election Commission for examination.
When the number of polling stations and ballot counting stations where the voting or ballot counting cannot be carried out referred to in the preceding Paragraph may have totaled or predictably exceed 1/3 of the polling stations and ballot counting stations in the electoral district respectively, the election commission in charge shall directly determine another day for voting and ballot counting in the electoral district within its discretion.
The day determined for voting and ballot counting shall be publicized 3 days prior to the determined day.
The measures handling natural disasters or Force Majeure prior to the voting day or on the day for voting and ballot counting shall be prescribed by the Central Election Commission.
The period of campaign for election may be prolonged till one day before the newly determined voting day if the election commission publicizes to determine another voting day during the period of campaign. However, where the period between the day when the public notice of the determined voting day is publicized and the day before the newly determined voting day exceeds the original period of campaign, the period of campaign shall be recalculated in accordance with the day before the newly determined voting day.