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Chapter 3 Election and Recall
Section 9 Recall
Paragraph 1 To Raise a Proposal of Recall
Article 75
The electors in the original electoral district may file a proposal of recall with the election commission to recall civil servants. However, no proposal of recall may be filed against a civil servant who has not been in the position for one year.
The provisions of recall shall not apply to the electees of the national integrated election and the overseas election of central civil servants.
Article 76
To raise a proposal of recall, the electors in the original electoral district of the per son recalled shall act the proposers, and one leading proposer shall prepare a proposal of recall, an original and a duplicated copy of the statement of reasons for recall, and a copy of the list of proposers, and submit them to the election commission.
The number of proposers referred to in the preceding Paragraph shall be not less than 1% of the total electors in the original electoral district, and if the calculated number has a decimal mantissa, it shall be rounded by transfer method.
The list of proposers referred to in Paragraph One shall be filled in column by column in the specified format in detail with the ID card number and address of domicile of each proposer bound into books by village (boroughs). The statement of reasons for recall shall be limited to 5,000 words.
In a same proposal of recall, there may not be two or persons to be recalled. However, if there are two or more proposals of recall, the voting may be carried out at the same time.
If the documents of a proposal of recall do not meet the provisions of the preceding Paragraph 1, 3 and 4 or the list of proposers does not meet the number of proposers referred to in the preceding Paragraph 2, the election commission shall refuse to accept it.
Central Election Commission shall set up an electronic system for the leading proposer to request for a proposal and countersign; the applicable type of recall, methods of proposal and countersign, inspection procedures, and the date of implementation shall be formulated by Central Election Commission.
For an electronic proposal and countersign, the document shall be provided via electromagnetic record.
Article 77
Any of active soldiers, active male soldiers under replacement duty or in-service civil servants may not be the proposer of recall.
Civil servants as referred to in the preceding Paragraph refer to the civil servants specified in Article 24 of the Civil Servants Services Act.
Article 78
With the consent of not less than 2/3 of the total proposers, a written application may be submitted to the election commission to relinquish a proposal of recall before the joint signatures are collected.
Paragraph 2 Establishment of a Proposal of Recall
Article 79
The election commission shall check the list of proposers within 25 days after receiving a proposal of recall, and delete any proposer who meets any of the following circumstances:
1. The proposer fails to meet the provisions of Paragraph One of Article 76.
2. The proposer has the identity prescribed in Paragraph One of Article 77.
3. The name, ID card number or address of domicile of the proposer is recorded wrongly or unclearly.
4. The list of proposers is not signed or stamped by proposers.
5. The proposal raised by the proposers is forged.
If the number of proposers fails to reach the prescribed quota after the process of deletion in accordance with the provisions of the preceding Paragraph, the election commission shall notify the leading proposers to supplement more proposers within 10 days by providing the list of proposers deleted and respective reasons; in case they do not supplement within a specified time or the number still fails to reach the prescribed quota after supplementation, the proposal will not be accepted. If the specified number is reached, the election commission shall notify the leading proposers to receive the list of joint signers within 10 days commencing from the day after receiving the notice, and collect the joint signatures within a specified time limit. If the leading proposers do not receive the list of joint signatures within the specified time limit, it will be regarded as abandonment of the proposal.
The supplementation referred to in the preceding Paragraph may be limited to once only, and the list of proposers supplemented shall be handled in accordance with the provisions of Paragraph One. In case the number fails to reach the prescribed quota after deletion, the proposal will not be accepted. The election commission shall notify the leading proposers of the list of proposers deleted and respective reasons.
Article 80
The period for collection of joint signatures referred to in Paragraph 2 of the preceding Article is as follows:
1. 60 days for recall of a member of the Legislative Yuan, municipal councilor, the governor of a municipality or the governor of a county (city).
2. 40 days for recall of a county (city)councilor , the chief of a township (city) or the chief of an indigenous district.
3. 20 days for a recall of a representative of a township (city) congress, a representative of an indigenous district congress, or the chief of a village (borough).
The calculation of the period referred to in the preceding Paragraph shall commence from the next day upon receiving the format of the list of joint signers.
The leading proposers of the recall shall submit an original and a copy of the list of joint signers all at a time to the election commission within the period prescribed in Paragraph 1; overdue submission will not be accepted.
The list of joint signers referred to in the preceding Paragraph shall be filled in column in the specified format in detail with the ID card numbers and addresses of domicile of joint signers, and bound into books by village (borough); where the list of joint signers is not submitted in the specified format, the election commission shall not accept it.
Article 81
The joint signers of a proposal of recall shall be the electors in the original electoral district where the person recalled has been elected, and the number of signers shall be not less than 10% of the total electors in the original electoral district.
If the calculated percentage of joint signers referred to in the preceding Paragraph has a decimal mantissa, it shall be rounded by transfer method.
The proposers may not be the joint signers of the same proposal of recall. The number of proposers and of joint signers shall be calculated separately.
Article 82
The total number of electors as referred to in Article 76 and the preceding Article shall refer to the total number of electors in the original electoral district at the time when the person recalled has been elected; and the age and period of residence of the so-called electors shall be counted up to the day when the proposal of recall is raised.
Article 83
After receiving the list of joint signers, the election commission shall check the list of joint signers within 40 days for recall of a member of the Legislative Yuan, municipal councilor, municipal mayor, or the governor of a county (city), 20 days for recall of a county (city) councilor, the chief of a township (city) or the chief of an indigenous district, and 15 days for recall of a representative of a township (city) congress, a representative of an indigenous district congress, or the chief of a village (borough) and delete any signer who meets any of the following circumstances. However, if the list of joint signers fails to reach the number of joint signers prescribed in Paragraph 1 of Article 81, the election commission shall directly announce that the proposal of recall is not established:
1. The joint signer does not meet the provision of Paragraph 1 of Article 81.
2. The joint signers conform to the circumstances prescribed in Paragraph 3 of Article 81.
3. Where the name, ID card number or address of the joint signer is recorded wrongly or unclearly.
4. The list of joint signers is not signed or stamped by joint singers.
5. The signature of the joint signer is forged.
After checking the list of joint signers referred to in the preceding Paragraph and finding the number of joint signers insufficient, the election commission shall notify the leading proposers to supplement more joint signers within 10 days; in case they do not supplement within a specified time or the number still fails to reach the quota prescribed in Paragraph 1, Article 81 after supplementation, the election commission shall announce the proposal of recall to be not established and notify the leading proposers of the list of joint signers deleted and respective reasons; if the number of joint signers meet the prescribed quota, the proposal of recall shall be established.
The supplementation referred to in the preceding Paragraph may be limited to once only, and the list of joint signers supplemented shall be handled in accordance with the provisions of Paragraph One.
The original proposers may not raise any proposal of recall against the same person recalled within 1 year if one of the following occurs:
1. The proposal is announced to be not established.
2. If the leading proposers do not receive the list of joint signatures within the specified time limit prescribed in Paragraph 2, Article 79, it will be regarded as abandonment of the proposal.
3. If the leading proposers fail to provide the list of joint signers within the specified time limit prescribed in Paragraph 1, Article 80.
The regulations governing the inspection procedures of the list of proposers and the list of joint signers for recall shall be formulated by Central Election Commission.
Article 84
After a proposal of recall is announced to be established, a duplicated copy of the statement of reasons for recall shall be handed to the person recalled, and the person recalled shall bring forward a statement of defense within 10 days.
The contents of the statement of defense referred to in the preceding Paragraph shall be limited to 10,000 words.
Article 85
Within 5 days after expiration of the period for the person recalled to bring forward the statement of defense, the election commission shall publicize the following matters through public notice:
1. The date of voting for recall and the commencing and terminating time of voting.
2. The statement of reasons for recall.
3. The statement of defense. However, if the person recalled does not bring forward the statement of defense within the specified time limit, it shall not be publicized. This shall also apply to the part of the statement of reasons for recall exceeding the number of words prescribed in Paragraph Two of the preceding Article.
Article 86
After the recall is proposed, the proposers of recall and the person being recalled may set the office(s) in support of/opposed to the recall within the recall area and relevant personnel.
Recall office(s) shall not be set in any of government agencies (institutions), schools, 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 and social, professional, and political groups instituted according to Civil Associations Act.
Regulations governing the setting of recall offices and personnel and the collection of joint signatures shall be prescribed by the Central Election Commission. During the period of the recall of a member of the Legislative Yuan, municipal councilor, municipal mayor, or the governor of a county (city), the election commission shall hold a recall briefing via public TV for the leading proposer and the person being recalled to make a statement in person, unless the leading proposer and the person being recalled agree not to hold such a briefing.
The regulations governing the sessions, time, and procedures of the recall briefing via public TV shall be formulated by Central Election Commission.
Article 86-1
For the proposal of recall announced to be established, the list of proposers and the list of joint signers shall be archived for 3 months after the ballot counting; for the proposal of recall announced to be not established, the list of proposers and the list of joint signers shall be archived for one year and two months after the date of announcement.
For the proposal of recall announced to be not accepted, the list of proposers and the list of joint signers shall be archived for one year and two months after the date of announcement.
If the proposal of recall is deemed abandoned or the list of joint signers is not provided within the specific time limit, the list of proposers shall be archived for one year and two months after the day when the proposal is deemed abandoned or when the countersign is expired.
In case of any litigation regarding the recall, the period of archive mentioned in the preceding three Paragraphs shall be extended to 3 months after the day when the ruling is given.
Paragraph 3 Voting and Ballot Counting for Recall
Article 87
The voting for recall shall be held within 20-60 days commencing from the day when the establishment of the proposal of recall is announced. Other elections may be held at the same time during the period of recall. If the person being recalled is also a candidate, the voting for recall shall be held within 60 days commencing from the day when the establishment of the proposal of recall is announced.
If the person being recalled dies, leaves the post or resigns before the polling day, the election commission shall announce the termination of such recall.
Article 88
In the ballots for recall shall be printed two columns, "Agree to Recall" and "Not Agree to Recall”, and the voter shall use the tool prepared by the election commission to mark and select one column.
After marking one column, the voter may not show the contents of the marked ballot to others.
Article 89
The provisions set forth in this Act regarding electors, the list of electors, voting and ballot counting shall apply mutatis mutandis to the voters, the list of voters, and voting and ballot counting for recall.
Article 90
Among the valid ballots for recall, where the number of consenters is more than that of dissenters and achieves 1/4 of the total electors in the original electoral district, the proposal of recall shall be adopted.
Among the valid ballots for recall, where the number of dissenters is more than that of consenters or the number of consenters does not meet the quota prescribed in the preceding Paragraph, the proposal of recall shall be vetoed.
Article 91
After the process of voting, the election commission shall, within 7 days after the voting is finished, issue a public notice to announce the result of the voting for recall. If the proposal of recall is adopted, the person recalled shall be removed from the position on the day when the public notice is issued.
After a proposal of recall referred to in the preceding Paragraph is adopted, if a by-election shall be held according to relevant provisions, the voting for by-election shall be completed within 3 months commencing from the day when the result of the voting for recall is announced. However, if a recall lawsuit is raised, no by-election shall be held before the judicial proceeding ends.
Article 92
Where a proposal of recall is adopted, the person recalled may not be the candidate for the same kind of civil servants within 4 years commencing from the day when he / she is removed from the position; this provision shall also apply if he / she resigns during the proceeding of a proposal of recall.
If a proposal of recall is vetoed, no other proposal of recall may be raised against the identical person within the tenure of the aforesaid person.