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Chapter 3 Election and Recall
Section 4 Electoral Districts
Article 35
For the election of central civil servants, the electoral districts shall be determined pursuant to the following provisions:
1. Where the members of the Legislative Yuan are to be elected from the municipalities and counties (cities), the counties (cities) with quota of one member shall employ the administrative regions as the electoral districts, and the municipalities and counties (cities) with quota of 2 or more members shall employ the number of the quota to divide the same electoral districts within the administrative regions.
2. Where the members of the Legislative Yuan are to be elected from the national integrated election and the overseas election, the nation shall be the electoral district.
3. Where the members of the Legislative Yuan are to be elected from the indigenous peoples in plain areas and the indigenous peoples in mountain areas, the electoral districts shall be the indigenous peoples in plain areas and the indigenous peoples in mountain areas.
The population of the quota to be elected in the electoral districts of municipalities and counties (cities) referred to in Subparagraph 1 of the preceding Paragraph shall be deducted the indigenous population.
The distribution of the quota and the electoral districts for the legislators referred to in Subparagraph 1, Paragraph 1 should be based on the election of legislators. Unless otherwise provided in the regulations of the Act or other acts, the announcement of altered electoral districts for the current election of legislators should be re-organized every ten years. If there are any necessities for alteration, it has to be attended following Paragraph 3 to 5 of Article 37.
Article 36
For the election of local civil servants, the electoral districts shall be determined pursuant to the following provisions:
1. For the election of municipal councilors, county (city) councilors, representatives of township (city) congress, and representatives of Indigenous district, the administrative regions shall be the electoral districts of which is applicable. Where the elect are to be elected by indigenous people, the electoral districts shall be the areas where indigenous people reside within the administrative region and the electoral districts shall be divided by indigenous people of plain areas, indigenous people of mountain areas or the electoral districts within its administrative regions.
2. For the election of a municipal mayor, governor of a county (city), chief of a township (city), chief of an indigenous district, and chief of a village (borough), the electoral district shall be the administrative region.
The population of the quota to be elected in the electoral districts of municipal councilors, county (city) councilors and representatives of a township (city) congress referred to in Subparagraph 1 divided in accordance with the administrative region in the preceding Paragraph shall be deducted the indigenous population.
Article 37
The electoral districts for the election of central civil servants referred to in Article 35 and the municipal councilors and the county (city) councilors referred to in Subparagraph 1, Paragraph One of the preceding Article shall be divided by the Central Election Commission; the electoral districts for the election of the representatives of an indigenous district, the representatives of a township (city) congress referred to in Subparagraph 1, Paragraph 1 of the preceding Article shall be divided by the municipal and county election commission; and all electoral districts shall be publicized when issuing the public notice for election. However, in case of alternation of any electoral district, it shall be publicized 1 year before the tenure of the civil servants or a specified period of time expires.
The electoral districts referred to in the preceding Paragraph shall be divided with consideration of the administrative regions, population distribution, geographical environment, traffic conditions, historical origins and the quota of electees.
The alteration of electoral districts for the central civil servants referred to in Paragraph 1 should be based on the population of quota by the end of two years and two months before the tenure of current legislators ends, which is obtained by household investigation. The proposal of altering electoral districts should be submitted to the Legislative Yuan 20 months before the election for final consent and announcement.
The Legislative Yuan shall exercise the adoption or veto of the proposal of the electoral district alteration referred to in the preceding Paragraph in the unit of a municipality or county (city). As for the veto, the Central Election Commission shall modify the proposal of the electoral district alternation through referencing the opinions of the political-party association in the Legislative Yuan concerning the municipality or county (city) vetoed and re-submit the proposal within 30 days commencing from the day when the proposal is vetoed.
The Legislative Yuan shall have had the proposal of the electoral district alteration adopted thirteen months before the tenure of members of the Legislative Yuan expires; the part of adoption of which is unfinished within the time limit shall be resolved through the negotiation of the Premier of the Executive Yuan and the President of the Legislative Yuan.
Article 37-1
For counties (cities) upgraded or other municipalities, counties (cities) merged as municipalities, the first election of municipal councilors, municipal mayors and chiefs of villages after the change into a special municipality has taken effect, the electoral districts shall be the administrative districts as indicated in the approved plan for changing into a special municipality, and the election shall be completed 10 days before the day the change is to take effect.
The administrative regions of indigenous districts should be the districts or townships before the upgrade. The electoral districts of the first election of the representatives of an indigenous district and the chief of an indigenous district should be the administrative region of a district or township before the upgrade and voting should be completed 10 days before the day of the upgrade.
The division of the electoral districts of municipal councilors and the representatives of an indigenous district in the preceding two Paragraphs should be publicized 6 months before the upgrade and is not subject to the regulation in Paragraph 1 of the preceding Article.