Goto Main Content
:::

Chapter Law Content

Chapter 3 Election and Recall
Section 3 Candidates
Article 24
An elector who has completed his/her twenty-third year of age may apply for being registered as the candidate for public officials in the electoral district where he exercises his/her right of suffrage.However,a candidate for the governor of a municipality or a county(city) shall have completed his/her thirtieth year of age,and a candidate for the chief of a township(city) or an indigenous district shall have completed his/her twenty-sixth year of age.
An elector who has completed his/her twenty-third year of age may be registered by a political party legally established as the candidate for the national integrated election and for the overseas election of central public officials.
A citizen of the ROC living in a foreign country, who has completed his/her twenty-third year of age and has not set his/her domicile in the ROC or has migrated his/her domicile to a foreign country for 8 consecutive years,may be registered by a political party legally established as the candidate for the national integrated election and for the overseas election of central public officials.
The political party referred to in the two proceeding Paragraphs shall conform to one of the following provisions:
1.The total votes attained the recent election of President and Vice-President by the recommended candidates have achieved 2% and more of the total valid votes in the election.As for the same candidates of President and Vice-President recommended by two or more parties,the votes attained shall be divided by the number of the recommending parties.
2.The votes attained has totaled 2 % and more in the recent 3 times of the national integrated election and the overseas election of central public officials.
3.The current members of the Legislative Yuan total 5 and more; the deposit of the public officials and the list of central public officials are submitted for applying for the candidate registration.
4.The candidates for the regional election and the indigenous election of central public officials recommended by the party achieve 10 or more persons who are qualified through the examination of the Central Election Commission.
The calculation of the eight-year period as referred to in Paragraph 3 shall commence from the day when the migration of domicile is registered.
The candidates for the national integrated election and the overseas election of central public officials registered by a political party shall be members of the political party,and a letter of consent shall be produced by the candidates for the registration.The list of candidates shall be made in written form and in certain sequence.
Anyone who has restored the ROC nationality for three years or has acquired the ROC nationality by naturalization for 10 years may be registered as a candidate in accordance with the provision of Paragraphs One to Three.
The period expiring three years or ten years referred to in the preceding paragraph shall be calculated up to one day before the polling day.
Article 25
If election is held at the same time for two or more kinds of public officials,a person may apply for being registered as the candidate for one kind only The registration of candidates for two kinds shall be invalid.
Where a person is qualified for the candidates for two or more kinds of public officials,the registration shall be limited to one kind.The registration of candidates for two kinds will be invalid.
Article 26
A person under any of the following circumstances may not be registered as the candidate for President or Vice President:
1.Where the person has committed the crime of insurrection or a crime related to foreign regression after the period of suppressing communist rebellion,and is thus sentenced.
2.Where the person has committed the crime of corruption and is thus sentenced.
3.Where the person has committed the crime prescribed in Paragraphs One and Two of Article 97,Article 98,Paragraph One of Article 99,Paragraphs One and Two of Article 100,Paragraphs One,Six and Seven of Article 101, Paragraph One of Article 102,Article 103;in Paragraphs One and two of Article 84,Article 85,Paragraph One of Article 86,Paragraph One of Article 87,Article 88,Paragraphs One,Six and Seven of Article 89 of Presidential and Vice Presidential Election and Recall Act;in Articles 142 and 144 of the Criminal Code;or an elector in the election of the chairperson and vice chairperson of a municipal or county(city) council,the chairperson and vice chairperson of a township(city) or an indigenous district congress commits an offence under Article 143 of the Criminal Code;and is thus sentenced.
4.Where the person has committed the crime prescribed in Paragraphs One to Four of Article 7,Paragraphs One to Three of Article 8,Paragraphs One and Two of Article 12 of the National Security Act;in Paragraphs One,Two and Four of Article 32, Paragraphs One,Two and Four of Article 33, Paragraphs One to Four of Article 34 of The Classified National Security Information Protection Act;in Paragraphs One to Four of Article 30,Article 30-1,Article 31 of the National Intelligence Work Act;in Article 3, Article 4,Paragraph Three of Article 5, Article 6 or Article 7 of the Anti-Infiltration Act;and is thus sentenced.
5.Where the person has committed the crime prescribed in the Organized Crime Prevention Act and is thus sentenced.
6.Where the person has committed the crime prescribed in Articles 4 to 9,Paragraphs One and Two of Article 12 and attempted crimes in these two Paragraphs,Article 13,Paragraphs One and Two of Article 14,Article 15 of the Narcotics Hazard Prevention Act;in Article 7,Paragraphs One to Five of Article 8,Article 12,Article 13 of the Controlling Guns,Ammunition and Knives Act;in Articles 14 and 15 of the Money Laundering Control Act;in Article 302-1 or 339-4 of the Criminal Code;and is thus sentenced.However,an aboriginal person who is solely guilty of the unauthorized manufacture,transfer,transportation,loan or possession of a homemade hunting rifle,its major component parts or ammunition,shall not be guilty of such a crime unless convicted prior to the effective date of the Controlling Guns,Ammunition and Knives Act,as mended on May 22,2020.
7.The same applies to those who have committed the crimes mentioned in the preceding six Subparagraphs and have been convicted and sentenced to probation.
8.Where the person has committed an offence other than those set out in Subparagraphs 1 to 6,the minimum penalty shall be imprisonment for a term of not less than seven years and shall be determined by a sentence of fixed-term imprisonment of more than ten years .
9.Where the person has committed an offence other than those set out in Subparagraphs 1 to 6,the sentence of fixed-term imprisonment or higher has been confirmed and has not yet been executed,the execution has not been completed, the period of probation,or the right to execute the sentence has expired due to the expiration of the statute of limitations.
10.Where the person’s sentence of death penalty, life imprisonment or fixed-term imprisonment of more than ten years has not yet been determined.
11.Where the person is sentenced to the security punishment or reclamation,and the judgement is determined but not executed or completed.
12.Where the person is subject to a declaration of bankruptcy or the commencement of liquidation proceedings as determined,and has not recovered the property rights.
13.Where the person is removed from office due to disciplinary action.
14.Where the person is dismissed or recalled according to law and the period has not expired.
15.Where the person is deprived of public rights, and the period of deprivation has not expired.
16.Where the person has become subject to the order of the commencement of guardianship or assistantship has not been cancelled yet.
Article 27
Any of the following persons shall not apply for being registered as a candidate:
1.Soldiers in active service .
2.Active male soldiers under replacement duty.
3.Students in military schools.
4.The commissioners,supervisors and staff of the election commissions of specific levels,the personnel handling election affairs in the township(city/district) offices,and the staff of polling stations and ballot counting stations.
5.Those shall not be registered as candidates in accordance with other prescribed laws.
If the soldier referred to in Subparagraph 1 is mustered from reserves or militia,or has not enrolled in the army,or is mustered for education, service or drilling,he/she shall be exempted from the restriction.Any of active male soldiers referred to in Subparagraph 2 who is mustered for service after the duty is due shall be deemed as the same.
Where the electee resigns after accession or is sentenced under any of the provisions prescribed in Subparagraphs 2 and 3 of Paragraph One of Article 120 to be an invalid electee,he/she may not apply to be registered as a candidate for the corresponding by-election of public officials.
Article 28
A political party legally established may recommend candidates to participate in the election of public officials.A candidate recommended by a political party shall be a member of the political party involved,and shall submit a letter of recommendation stamped with the political party's seal granted by the central competent authority to the election commission for registration within the time limit for registration of candidates.
The letter of recommendation referred to in the preceding paragraph shall be submitted to the election commission handling the registration when applying to be registered as a candidate.One candidate shall be recommended by only one political party,submission of two or more political party recommendation letters at the same time or successively shall be deemed as giving up the political party recommendation.No application with the letter of recommendation submitted after the deadline for registration will be accepted.
Article 29
After the list of the candidates is publicized through public notice,if it is found that the candidate conforms to any of the following circumstances before the public notice is issued or before polling,the election commission shall cancel the registration of the candidate before polling; or if the candidate is elected,a lawsuit claiming the electee’s being elected is invalid in accordance with the provisions of Article 121 shall be raised:
1.Where the candidate does not meet the qualification requirement set forth in Paragraphs One to Three and Seven of Article 24.
2.Where the candidate conforms to any of the circumstances prescribed in Article 26 or Paragraphs One and Three of Article 27.
3.Where the candidate may not be registered as the candidate according to the provisions of Paragraph One of Article 92.
After the list of the candidates for the national integrated election and the overseas election of central public officials is publicized through public notice,if one of the following circumstances is found before the public notice is issued or before polling the election commission shall cancel the registration of the candidate before polling; or if the candidate is elected, a lawsuit claiming the electee’s being elected is invalid in accordance with the provisions of Article 121 shall be raised:
1.Where the candidate does not conform to the provisions set forth in Paragraph Four of Article 24.
2.Where the candidate’s political party is dissolved or abolished.However,this does not apply to those parties who are dissolved due to fusion.
Article 30
Within the period from the deadline for registration of candidates to the day before voting,if any of the candidates for the regional election of central public officials and governor of a municipality and county (city) dies,the election commission shall publicize to stop the election and specify another time for holding the reelection.
Within the period from the deadline for registration of candidates to the day before voting,if a candidate of election of public officials other than those mentioned in the preceding paragraph dies thus making the number of candidates in the electoral district not more than or less than the due quota of the electoral district,the election commission shall publicize to stop the election and specify another time for holding the reelection.
Article 31
Persons who have been registered as candidates may not relinquish the registration.
For the candidates for the regional election and the indigenous election of central public officials and the election of local public officials recommended by a political party,the political party may,before the expiration of the time limit for registration,submit an application for relinquishment of recommendation stamped with the political party's seal granted by the central competent authority to the election commission originally handling the registration,to relinquish the recommendation.Application filed after the time limit expires will not be accepted.
For the list of candidates for the national integrated election and the overseas election of central public officials registered by a political party,the political party may,before expiration of the time limit for registration,submit an application for relinquishment or replacement of registration stamped with the political party's seal granted by the central competent authority to the election commission originally handling the registration,to relinquish or replace the registration.The replacement of the list of candidates includes alteration of the number of candidates,change of any candidate and adjustment of the sequence;if a candidate is newly added in the list,the political party shall submit the required documents and pay the deposit according to the relevant provisions.
If a person who has been registered as a candidate migrates out of the electoral district or has his/her domicile moved after the time limit for registration expires,it shall not affect his/her qualification as a candidate,and the person shall also exercise his/her right of suffrage at the polling station at the location of original domicile.
Article 32
When being registered as a candidate,a person shall pay the deposit,and the amount shall be publicized by the election commission in advance.
The deposit payable by the candidates for the national integrated election and the overseas election of central public officials shall be paid by the political party registering the candidates according to the number of registered candidates pursuant to the amount specified.
The payment shall be paid by cash,promissory note issued by financial institutions,certified check or Giro business check;the cash shall not be paid by coinage.
The deposit shall be returned within thirty days after the public notice of the list of electees is issued.However,it will not be returned under any of the following circumstances:
1.Where the candidate registration is invalid in accordance with Article 25.
2.Where the candidate for the national integrated election and the overseas election of central public officials is not elected.
3.Where the votes gained by the candidate not elected except for the candidates not elected referred to in the preceding subparagraph fails to achieve 10% of the quotient of dividing the total electors in the electoral district by the quota to be elected.
The number of direct immigrating electors shall be deducted from the total of the electors in the electoral district referred to in Subparagraph 2 of the preceding paragraph in accordance with the provisions of Paragraph One of Article 50 in Household Registration Law.
Prior to returning the deposit referred to in Paragraph Four,the amount which shall be directly deducted according to the provision of Paragraph Two of Article 130 shall be deducted in advance;the residual will be returned if there is any.
Article 33
The candidates shall prepare the forms and the deposit set forth by the election commission to apply for registration to the election commission handling the registration within a specified time limit. Where the forms or the deposit does not conform to the provisions or the registration is not handled within the specified time limit,it will not be accepted.
Article 34
The qualification requirements of the candidates for the election of various public officials shall be examined and publicized by the election commission in charge.
For the national integrated election and the overseas election of central public officials,if it is found through examination that a candidate nominated in the list offered by the political party does not conform to the relevant provisions, the registration shall not be granted and the vacancy in the list shall be filled by the others in due order according to the backward sequence in the list.
Where the political party applying for the registration of the national integrated election and overseas election of central civil servants does not conform to the provisions prescribed in Paragraph 4 of Article 24, the registration shall be not granted.
For the regional election and the indigenous election of central public officials,and the election of local public officials,the election commission shall notify each candidate to draw lottery publicly three days before the public notice of the list of candidates is issued,so as to decide the sequence of the candidates in the determined list of candidates.However,township(city/district) offices may be designated to implement the lottery for determining the sequence of the candidates for representatives of township(city) congresses, representatives of the indigenous districts,chiefs of townships(cities),chiefs of indigenous districts,and chiefs of villages(boroughs).
The lottery for determining the sequence of the candidates as referred to in the preceding paragraph shall be conducted under the on-site supervision of the supervisors. If a candidate fails to arrive at the spot to draw the lottery personally,the lottery may be drawn by the agent holding the commission letter of the corresponding candidates.Where the candidate neither draws lottery personally nor commissions an agent to draw the lottery for the candidate does not draw the lottery after being called for three times despite being present,the handling government agency shall draw the lottery on behalf of the candidate.
The sequence of the political parties announced in the list of candidates for the national integrated election and the overseas of central public officials shall be determined by the lottery conducted by the Central Commission three days before the public notice of the list of candidates is issued.
For the lottery of the political parties in the preceding paragraph,an agent designed by a political party shall be present to draw the lottery. Where a political party does not designate an agent or the designated agent fails to draw the lottery in person or the agent does not draw the lottery after being called for three times despite being present, the handing government agency shall draw the lottery on behalf of the political party.