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Chapter 3 Election and Recall
Section 8 Results of Elections
Article 67
For the election of civil servants, the candidate who gets the relatively majority vote shall be elected according to the quota of each electoral district unless otherwise prescribed; if two or more candidates get the same vote, it shall be determined by lottery.
For the national integrated election and the overseas election of central civil servants, the quota of electees shall be distributed pursuant to the following provisions:
1. The vote gained by a political party divided by the total of the votes gained by all political parties is the ratio of the vote gained by each political party.
2. The integral of the product of multiplying the total quota of electees by the ratio of vote referred to in the preceding Subparagraph is the quota distributed to the political party. The candidates recommended by a political party shall be elected in accordance with the sequence in the list of candidates.
3. If there is any residual quota after distributing the quota under the preceding Subparagraph, the residual quota shall be distributed in sequence according to the size of the residual of each political party. In case of two same residuals, it shall be decided by lottery.
4. If the number of candidates registered by a political party does not exceed the allocated quota of electees distributed to a political party, it shall be regarded as vacancy.
5. If the ratio of vote gained by a political party is less than 5%, no quota will be distributed to the political party, and its vote will not be calculated under Subparagraph 1.
6. The decimal fraction of the ratio referred to in Subparagraphs 1 to 3 and the preceding Subparagraph shall be rounded to the fourth decimal place.
The quota of women electees of each political party referred to in the preceding Paragraph shall not be less than 1/2.
The quota of women electees distributed to each political party shall be distributed in accordance with the sequence of the list of candidates registered by each political party. Within the quota of women electees distributed to a political party, if the women electees determined by distributing the quota in accordance with the sequence in the list of candidates are less than the due quota of women electees, the women candidates ranking behind in sequence shall have the priority to be elected. If the number of women candidates registered by a political party in the list of candidates is less than the quota reserved for women, it shall be regarded as vacancy.
Article 68
For the election of local civil servants, if the women elect are less than the due quota, the votes of the women candidates shall be calculated separately, and those who get the comparative majority vote shall be elected; the calculation shall be conducted pursuant to the following provisions: However, this shall not apply if there is no woman candidate.
1. In case of the election of municipal councilors, county (city) councilors, representatives of a township (city) congress, and representatives of an Indigenous district congress, if the result of ballot counting shows that the women elect are less than the specified quota, the votes of the women candidates not to be elected in the electoral district shall be calculated separated, and the women candidates who get the comparative majority vote shall be elected in sequence.
2. In case of the election of indigenous municipal councilors to be elected by the indigenous peoples in plain areas and the indigenous peoples in mountain areas or indigenous county (city) councilors to be elected by the indigenous peoples in plain areas and the indigenous peoples in mountain areas, indigenous representatives of a township (city) congress to be elected by the indigenous peoples in plain areas, if the result of ballot counting shows that the women elect are less than the specified quota, the votes of the women candidates not to be elected in the electoral district shall be calculated separately and compared mutually, and the women candidates who get the comparative majority vote shall be elected in sequence.
Article 69
For the result of the regional election of central civil servants, the governor of a municipality (a municipal mayor) or the governor of a county (city), if the difference between the candidates with the highest and second high number of votes or the indigenous candidates with third high and fourth high number of votes is within 0.3% of the valid ballots, the candidate with the third high or fourth high number of votes may apply for sealing all or part of the list of electors and ballots within 7 days after the voting day to the court with jurisdiction prescribed in Article 126. The ballot recounting of the sealed polling station shall be completed within 20 days and the result of the ballot recounting shall be notified to the election commission in charge. The election commission in charge shall reexamine the result of election in accordance with the result of the ballot recounting certified by the court with jurisdiction within 7 days. According to the result of the reexamination, if a candidate shall not be elected and it is announced that he / she is elected, the announcement shall be cancelled; if a candidate is actually elected but it is not announced, a public notice shall be given to announce the result of election.
The application for the ballot recounting referred to in the preceding Paragraph may be filed by the candidate not to be elected by lottery where the candidates with highest number of votes or the indigenous candidates with the third high number of votes total tow or more.
For the application referred to in Paragraph One, the applicant shall publish the polling station of ballot recounting in written form and pay the deposit of a certain amount; the quota shall be counted by NT$3 per vote of the polling station.
The place of the ballot recounting shall be selected respectively in the corresponding municipality or county (city) by the court with jurisdiction, and the list of electors and ballots of the sealed polling station shall be recognized one by one.
The court with jurisdiction shall notify each candidate or the designated person as implementing the ballot recounting and may direct the municipal or county (city) election commission, township (city / district) offices and the staff of polling station for assistance.
If the result of ballot recounting does not alter the result of being elected or not elected, the deposit referred to in Paragraph Three will not be returned. If the result of ballot recounting does alter the result of being elected or not elected, the deposit will be returned.
Anyone who raises a lawsuit of election and seals the list of electors and ballots of sealed polling station in accordance with the provisions of Paragraph One shall not apply for ballot recounting.
The expenses required for the ballot recounting referred to in Paragraph One shall be paid by the government agency in charge of the budget prescribed in Article 13.
Article 70
If the number of candidates is not more than or less than the quota of an electoral district, the candidates who get a vote prescribed below shall be elected. However, this shall not apply to the election of chiefs of villages (boroughs):
1. For the election of regional members of the Legislative Yuan, a municipal mayor, the governor of a county (city), the chief of a township (city) and the chief of an indigenous district, not less than 20 % of the total electors in the electoral district.
2. For the election of indigenous 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, not less than 10 % of the quotient of dividing the total electors in the electoral district by the quota of the electoral district.
According to the result of election prescribed in the preceding Paragraph, if nobody is elected or the elect are less than the quota, the re-voting shall be held again within 3 months commencing from the polling day for the election of regional members of the Legislative Yuan, a municipal mayor, the governor of a county (city), the chief of a township (city) and the chief of an indigenous district; it shall be regarded as vacancy for the election of indigenous 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. If the vacancy reaches 1/2 of the quota in an electoral district, the voting of by-election shall be completed within 3 months commencing from the day of the occurrence of the fact.
Article 71
If elect dies before accession or the judgment that one’s being elected is invalid is determined, the following provisions shall govern:
1. The voting of reelection of regional members of the Legislative Yuan, the governor of a municipality, the governor of a county (city), the chief of a township (city), the chief of an indigenous district, and the chiefs of villages (boroughs) shall be completed within 3 months commencing from the date of the elect’s death or the day when the election commission receives the certificate of determined judgment of the court with jurisdiction.
2. It shall be regarded as vacancy for indigenous members of Legislative Yuan, municipal councilors, county (city) councilors, the representatives of a township (city) congress, and the representatives of an indigenous district congress ; if the vacancy reaches 1/2 of the quota in an electoral district, a by-election shall be completed within 3 months commencing from the date of the elect’s death or the day when the election commission receives the certificate of determined judgment of the court with jurisdiction.
3. Except for the written announcement to abandon the right to make up the vacancy in due order, the vacancy of candidates for the national integrated election and the overseas election of members of the Legislative Yuan shall be made up by the candidates registered by the political party according to the sequence in the list of candidates; if there is no alternate candidate in the list of candidates registered by the political party, it shall be regarded as vacancy.
If an elect of the national integrated election or the overseas election of the members of Legislative Yuan loses his/her political party membership before accession, the title of elect will be lost from the day when he/she loses the political party membership; except for the written announcement to abandon the right to make up the vacancy in due order, the corresponding vacancy shall be made up by the candidates registered by the political party according to the sequence in the list of candidates; if there is no alternate candidate in the list of candidates registered by the political party, it shall be regarded as vacancy.
If a woman elect of the national integrated election or the overseas election dies, is determined to be an invalid elect conclusively or loses her political party membership before accession, she will lose the title of elect from the day when she loses the political party membership; the corresponding vacancy, except for the written announcement to abandon the right to make up the vacancy in due order, shall be made up by the women candidates registered by the political party according to the sequence in the list of candidates; if there is no alternate woman candidate in the list of candidates registered by the political party, it shall be regarded as vacancy.
For the loss of political party membership referred to in the two preceding Paragraphs, the political party to which the elect belongs shall submit a certificate on the loss of political party membership to the Central Election Commission for recordation.
For making up the vacancy of members of the Legislative Yuan prescribed in Subparagraphs 3 of Paragraph 1 and Paragraph 2 and 3, the Central Election Commission shall issue a pubic notice to publicize the list of alternate elect within 15 days commencing from the date of elect’s death, the day when the election commission receives the certificate of determined judgment of the court with jurisdiction or the day when the certificate on the loss of political party membership arrives at the election commission.
Article 72
An electee shall come into office on the specified day. If an electee elected through reelection or re-voting fails to come into office on the specified day, the tenure of the electee concerned shall commence from the same day.
An electee referred to in the preceding Paragraph shall not come into office if he is commissioned; it shall be regarded as resignation if he has come into office.
Article 73
If any of positions of central civil servants becomes vacant due to death, resignation, determined judgement of an invalid electee or any other cause after accession, the following provisions shall govern:
1. For the central civil servants elected in regional election, the voting of by-election shall be completed within 3 months commencing from the date of the electee’s death, the date of resignation or the day when the election commission receives the certificate of determined judgement of the court with jurisdiction or the day when the foresaid cause occurs. However, if the residual tenure is less than 1 year, no by-election shall be performed.
2. For the central civil servants elected in indigenous election, if the vacancy reaches 1/2 of the quota in an electoral district, the voting of by-election shall be completed within 3 months commencing from the date of the electee’s death, the date of resignation or the day when the election commission receives the certificate of determined judgement of the court with jurisdiction or the day when the foresaid cause occurs. However, if the residual tenure is less than 1 year, no by-election shall be performed
3. For the central civil servants elected in the national integrated election or the overseas election, except for the written announcement to abandon the right to make up the vacancy in due order, the vacancy shall be made up by the candidates registered by the political party according to the sequence in the list of candidates; if there is no alternate candidate in the list of candidates registered by the political party, it shall be regarded as vacancy.
If a central civil servant elected in the national integrated election or the overseas election of central civil servants loses his / her political party membership after accession, he / she will lose the title of central civil servant from the day when he / she loses the political party membership, and the Central Election Commission shall inform the Legislative Yuan to write off his / her name. The corresponding vacancy shall be made up by the candidates registered by the political party according to the sequence in the list of candidates; if there is no alternate candidate in the list of candidates registered by the political party, it shall be regarded as vacancy.
If any of positions of women central civil servants elected in the national integrated election or the overseas election becomes vacant due to death, resignation, determined judgement of an invalid electee, loss of the political party membership or any other cause after accession and the women electees will be less than the due quota thereupon, the vacancy, except for the written announcement to abandon the right to make up the vacancy in due order, the corresponding vacancy shall be made up by the women candidates registered by the political party according to the sequence in the list of candidates; if there is no alternate woman candidate in the list of candidates registered by the political party, it shall be regarded as vacancy.
For the loss of political party membership referred to in the two preceding Paragraphs, the political party to which the central civil servant belongs shall submit a certificate on the loss of political party membership to the Central Election Commission for recordation.
For making up the vacancy of central civil servants prescribed in Subparagraph 3 of Paragraph One and Paragraphs Two and Three, the Central Election Commission shall issue a public notice to publicize the list of alternate electees within 15 days commencing from the day when the official letter of cancellation of registration from the Legislative Yuan arrives.
Article 74
If the fact that an electee is determined to be an invalid electee according to the judgement sentenced by the court with jurisdiction leads to the alteration of the votes of candidates and affects the result of election, the election commission in charge shall reexamine the result in accordance with the fact certified by the determined judgement of the court with jurisdiction. According to the result of the reexamination, if a candidate shall not be elected and it is announced that he / she is elected, the announcement shall be cancelled; if a candidate is actually elected but it is not announced, a public notice shall be given to announce the result of election. However, this shall not apply to the provisions of reelection or by-election for making up the vacancy.
If an electee of local representatives of a congress is determined to be an invalid electee in accordance with Subparagraph 3 of Paragraph One of Article 120, or an electee is deprived of public rights where the period of deprivation has not expired, the vacancy shall be made up according to the number of votes in sequence from high to low; however, this shall not apply to the provisions of reelection or by-election. Nevertheless, the votes of an alternate may not be less than 1/2 of the lowest votes of electees originally announced by the election commission in the electoral district.