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Chapter 3 Election and Recall
Chapter 4 (Deleted)
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 public officials.However,no proposal of recall may be filed against a public official 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 public officials.
Article 76
To raise a proposal of recall,the electors in the original electoral district of the person being recalled shall act as the proposers,and one leading proposer of recall 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)and one proposer of recall shall be designated as the backup leading proposer of recall. 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 more 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 of recall to request a countersign;the applicable type of recall,methods of countersign,inspection procedures,and other related matters shall be formulated by Central Election Commission.
For an electronic countersign,the document shall be provided via electromagnetic record.
In the event of the death of the leading proposer of recall or the written consent of at least one-half of the total number of proposers,the backup leader will replace him or her as the leading proposer of recall,and this shall be limited to one time.
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 servant as referred to in the preceding paragraph refer to the civil servant specified in Article 24 of the Civil Servant 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.