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Chapter 3 Election and Recall
Section 6 Election and Recall Activities
Article 40
The period of election and recall activities of public officials is prescribed below:
1.For the election of a municipal mayor,fifteen days.
2.For the election of members of the egislative Yuan,municipal councilors,county(city) councilors,the governor of a county(city),the chief of a township(city) and the chief of an Indigenous district,ten days.
3.For the election of representatives of a township (city) congress,the representatives of an Indigenous district,and the chiefs of villages (boroughs),five days.
The period referred to in preceding paragraph shall be counted backwards from one day before the polling day,and the election and recall activity hours during period shall be from 7:00am to 10:00pm every day.
Article 41
The maximum campaign fund of each kind of public officials shall be publicized by the election commission on the same day when the public notice for election is issued except for the national integrated election and overseas election of central public officials.
The maximum campaign fund referred to in the preceding paragraph shall be calculated pursuant to the following provisions:
1.For the election of 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,the maximum shall be the sum of 70% of the total population of the electoral district divided by the quota of the elect and multiplied by the basic amount of NT$30, plus a fixed amount.
2.For the election of a municipal mayor,the governor of a county(city),the chief of an Indigenous district,and the chief of a village (borough),the maximum shall be the sum of 70% of the total population of the electoral district divided by the quota of elect and then multiplied by the basic amount of NT$20,plus a fixed amount.
The fixed amount referred to in the preceding paragraph is NT$10,000,000 for each member of the Legislative Yuan and municipal councilor, NT$6,000,000 for a county(city) councilor, NT$2,000,000 for a representative of an Indigenous district congress,NT$50,000,000 for a municipal mayor,NT$ 30,000,000 for the governor of a county (city),NT$6,000,000 for the chief of a township (city) and NT$200,000 for the chief of a village (borough).
If the maximum campaign fund has a mantissa of less than NT$1000,it shall be rounded to NT$1,000 by transfer method.
The total population in the electoral districts referred to in Paragraph Two refers to the total population of household statistics on the final day of the sixth month before the month of polling.
The number of places to be elected in the election of public officials in Subparagraph One of Paragraph Two refers to the original number of places to be elected in each of the electoral districts in the case of by-elections.
Article 42
The surplus of the campaign expenditures paid by a candidate within the maximum campaign fund prescribed in the preceding article subtracted the donations accepted and the state subsidies pursuant to Article 43 therefrom may be listed in the listing deduction quota of the annual declaration of comprehensive income tax of the very year of the polling day.
The surplus of the recall expenditures paid by the leading proposer and the person being re called within the maximum campaign fund prescribed in the preceding article subtracted the donations accepted may be listed in the listing deduction quota of the annual declaration of comprehensive income tax of the day when the declaration of recall is not established or the very year of the polling day.
The expenditures referred to in the preceding two paragraphs refer to the expenses paid for the campaign activities within thirty days from the day when the public notice for election is issued to the polling day,or from the day when the list of consignees is obtained to the day when the declaration of recall is not established,or within thirty days from the day when the list of consignees is obtained to the polling day for the established declaration of recall.
Article 43
Except for the national integrated election and the overseas election of central public officials,if there is only one electee and the vote gained by the electee reaches not less than 1/3 of the vote for being elected in the electoral district,or if there are two or more electees and one of them gains a vote of not less than 1/2 of the vote for being elected, the campaign expenses paid by the electee shall be subsidized by a rate of NT$30 per vote.However,the maximum subsidy may not exceed the maximum campaign fund of the candidates in this electoral district.
For the vote for being elected referred to in the preceding paragraph,if there are two or more electees,the lowest vote shall apply;if the electee of the lowest vote is elected in the quota reserved for women,the lowest vote for being elected shall refer to the vote of the electee of the second lowest vote.
The election commissions shall work out the amount of the subsidy for campaign expenses of candidates referred to in Paragraph One within thirty days commencing from the day after the public notice of the list of electees is issued,and notify the candidate to prepare the receipt and receive the subsidy from the election commission within three months.
The subsidies for campaign expenses in the preceding paragraph which shall be deducted directly in accordance with the provisions prescribed in Paragraph Two of Article 130 shall be deducted in advance;the residual amount will be granted if there is any.
When the candidate who receives the subsidy for campaign expense has been convicted violating the rules in Article 97,Paragraph One of Article 99,Paragraph One of Article 101,Subparagraph 1 of Paragraph One of Article 102;or the election has been convicted invalid due to the violation of provisions of Subparagraph 3 of Paragraph One of Article 120,the election commission should,after receiving the letter of notification,notify the candidate to refund the received amount and the deducted subsidy within thirty days.If the candidate fails to refund the amount,the matter will be enforced forcibly.
For the candidates who do not receive the subsidy for campaign expenses within the specified time limit,the election commissions shall hasten them to receive it within three months; the subsidy not received within the specified period is regarded as abandonment.
The subsidies required in Paragraphs One shall be budgeted pursuant to the provisions of Article 13.
Article 44
A candidate may set campaign office(s) in the electoral district during the period of campaign. Where the set offices exceed two or more,the specific personnel shall be designated in each office by the candidate in addition to the candidate shall be in charge of the main office,and the address of each office and the name of the personnel in charge shall be registered to the election commission handling the registration.
Campaign office(s) shall not be set in any of government agencies(institutions),schools,civil 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.
Article 45
The commissioners, supervisors and staff of the election commissions of specific levels and the personnel handling election affairs in township (city/district) offices may not perform any of the following actions after the public notice for election is issued or receiving the proposal for recall:
1.Propagating candidates via public speeches or signed recommendation or support of/opposition to recall.
2.Stage performance or campaign in person for candidates or support of/opposition to recall.
3.Propagating candidates or support of/opposition to recall during a press party or interview by media.
4.Propagating candidates or support of/opposition to recall by printing and posting the propaganda.
5.Propagating candidates or support of/opposition to recall by hanging or erecting advertising articles such as slogans,signboards,banners, or strips.
6.Propagating candidates or support of/opposition to recall via radio,television,Internet or other media.
7.Participating in parades,request for ballots or funding activities of candidates or support of/opposition to recall.
Article 46
Except for the national integrated election and the overseas election of central public officials in accordance with the provisions of Article 48,the election commission shall hold a politics presentation at public expenses during the period of campaign for the election of public officials,and the candidates shall attend the meeting to present their political views.However,the meeting may be dispensed with the consent of all the candidates in the electoral district,and it may be held or not held for the election of representatives of township (city) congresses,the representatives of Indigenous district congress and the chief of villages (boroughs) depending on the actual circumstances.
The politics presentation referred to in the preceding paragraph may be held through TV or other public media.
In principle, in the politics presentation referred to in the preceding paragraph,each candidate shall have not less than 15 minutes every time to express his/her political views;the measures for number,time,procedure and other related matters of the meetings shall be prescribed by the Central Election Commission.
Article 47
The election commission shall collect the following data and the regulations regarding the election and voting to compile and print the election bulletin and may record an acoustic election bulletin:
1.For the regional election and the indigenous election of central public officials(members of the Legislative Yuan) and the election of local public officials,the sequence,picture,name,date of birth,sex/gender,birthplace,political party recommending,educational background and experiences and political views of the candidates shall be collected.
2.For the national integrated election and the overseas election of central public officials,the sequence,name and political views of the political party,and the name,date of birth,sex/gender,birthplace and educational background and experiences of the corresponding candidates recommended shall be collected.The mark of the political party shall also be included if there is one.
The educational background of undergraduates and postgraduates referred to in Subparagraphs 1 and 2 shall be limited to the schools registered or certified by the central educational administrative agencies. The candidates shall submit the certificates as they register;the educational background shall not be published where the certificate concerned is not submitted.
Length of the education background and experiences referred in Subparagraph 1 of Paragraph One shall not exceed 150 words;those indicated in Subparagraph 2 of the same paragraph shall not exceed 75 words.
The content of political views referred to in Paragraph One may contain texts and graphics,and all candidates should have fair access to the election bulletin;the regulations for its preparation,format,printing and distribution and other related matters shall be prescribed by the Central Election Commission.
The data of candidates and political parties referred to in Paragraphs One and Two shall be submitted jointly to the election commission when applying for registration.
If the content of political views referred to in Paragraph One violates the provisions prescribed in Article 55,the election commission shall notify the candidate to modify them within a specified time limit; if it is not revised within the time limit or if it still fails to comply with the regulations after revision,the parts that do not comply with the provisions shall not be published in the election bulletin.
The candidates and political parties shall be responsible for the corresponding data.The personnel and political party-related data of the candidates known or proved false on duty by the Central Election Commission shall not be published in the election bulletin.As for the column of the political party recommending,the name of the political party shall be published if the candidate is recommended by the political party,and “NONE” shall be published if the candidate is not recommended by the political party.
The mark of the political party referred to in Subparagraph 2 of Paragraph One shall be limited to those registered through the central competent authority and those without the registration shall not be published.
The election bulletin shall be delivered to the families in each electoral district and separately made public on the website of the Central Election Commission and in other appropriate ways two days before the polling day.
Article 48
For the national integrated election and the overseas election of central public officials,the Central Election Commission shall offer the political parties registered the expenditures at public expense for campaign activities or politics presentation through the national wireless television channels,the time of which may not be less than an hour per time and the TV station designated may not refuse such request;the measures for number,time,procedure and other related matters of the propaganda shall be prescribed by the Central Election Commission.
With the consent of more than one-third of the registered political parties,individuals or organizations may hold national wireless television debates, and the TV station shall accept them,and may apply to the Central Election Commission for financial subsidies;regulations governing the application procedures,amount of subsidy,criteria and other related matters shall be prescribed by the Central Election Commission.
Article 48-1
The Central Electoral Commission may,depending on actual needs, select the types of public officials to be elected and conduct election and party election campaign activities through TV or other public media;the measures for number,time,procedure and other related matters of the propaganda shall be prescribed by the Central Election Commission.
Article 49
Broadcast TV enterprises may offer the times with charge to the political parties recommending or registering candidates or the candidates recommended or registered for campaign activities or to the leading proposer of recall or the person being recalled for propaganda of support of/opposition to recall and shall treat both of them in a fair and just manner.
The public broadcast TV station,non-profit broadcast radio station,wireless or wire TV stations may not broadcast the advertisement regarding the campaign and support of/opposition to recall.
Broadcast TV enterprises shall treat the candidates in a fair and just manner and may not perform any discrimination without just cause if any of the candidates,the leading proposer of recall or the person being recalled is invited for the program or is involved in the election or recall-related discourse or report.
Where any of the violations against the provisions prescribed in the preceding three paragraphs is performed by the broadcast TV enterprises,anyone may report to the election commission with the material evidence such as video tapes or audio tapes within one month after the broadcast.
Article 50
Any of the civil servants in the central and local government agencies of specific levels may not be engaged in any of the activities relating to campaign and propaganda during the campaign period of election or recall for public officials.
Article 51
The campaign or recall advertisement published or broadcast in/via the newspapers,magazines,broadcast TV enterprises,Internet and other public media shall specify the person who publishes it,the funder and other relevant information.
The matters to be contained or described in the foregoing election or recall advertisements,their contents,format and other matters to be complied with shall be determined by the Central Election Commission.
Article 51-1
Newspapers,magazines,broadcast TV enterprises, Internet service providers or other public media who publish the election or recall advertisement in the preceding article shall conduct verification and shall not accept commissions to publish, directly or indirectly,from individuals,juridical persons,organizations or institutions included in the following paragraphs:
1.Foreign citizens,juridical persons,associations or other institutions;or the juridical persons, associations or other institutions mainly composed of the members of foreign people, juridical persons, associations or other institutions.
2.Citizens,juridical persons,associations or other institutions in the People’s Republic of China, or the juridical persons,associations or other institutions mainly composed of the members of the citizens,juridical persons, associations or other institutions of the PRC.
3.Residents,juridical persons,associations or other institutions in Hong Kong and Macao,or the juridical persons,associations or other institutions mainly composed of the members of residents,juridical persons,associations or other institutions in Hong Kong or Macao.
When entrusted by others to publish election or recall advertisement in newspapers,magazines, broadcast TV enterprises,Internet service providers or other public media,it shall be verified whether the entrusting party falls under the circumstances of the preceding subparagraphs,and the entrusting party shall be asked to issue a certificate stating that it does not fall under the circumstances of the preceding subparagraph,which shall be kept by the public media.
Article 51-2
Newspapers,magazines,broadcast TV enterprises,Internet service providers or other public media shall keep a complete record of the advertisement commissioned to be broadcast,the audience and conditions set for the broadcast,and the certificate in Paragraph Two of the preceding article;such records shall be kept for a period of four years from the time the advertisements are broadcast.
The matters to be contained in the records described in the preceding paragraph,their contents and other matters to be complied with shall be determined by the Central Election Commission.
Article 51-3
From the day when the public notice for election is issued or when the established recall is declared on the day before the polling day,if the person planning to participate in campaign,the candidate,the person being recalled,or the leading proposer of recall is aware of the publication on broadcast TV enterprises or the Internet of deepfakes of himself or herself, he or she may apply to the police for identification by completing an application form and paying a fee.
The term deepfakes as mentioned in the preceding paragraph refers to a form of technical expression that uses computer-generated or other technological methods to produce false words and actions that are sufficient to mislead others into believing that they are true.
If the person planning to participate in campaign,the candidate,the person being recalled,or the leading proposer of recall finds that the sound or video identified by the police in Paragraph One is a deepfake,he or she shall submit the identification application and a written request shall be made to the broadcast TV enterprise, Internet platform provider or Internet application service provider to handle the audio and video broadcast in accordance with the provisions of Paragraph Four and to inform the Central Election Commission.Within two days from the date of receipt of the preceding request,the broadcast TV enterprise,Internet platform provider or Internet application service provider shall comply with the following provisions:
1.Broadcast TV enterprises:Stop broadcasting the audio and video.
2.Internet platform provider,Internet application service provider:Restrict browsing,remove or take down the sound or image.
The broadcast TV enterprise,Internet platform provider or Internet application service provider shall,within six months from the date of receipt of the request referred to in Paragraph Three,retain the electronic records or webpage data of the sound and video broadcast,as well as the data of the entrusted broadcasters and the data of the Internet usage records;in the event of litigation,the retention should be extended to three months after the judgment is confirmed.
Regulations on the eligibility,procedures,formats and fees of documents and audio-visual files for application for identification,contents of identification materials issued by the police agency,and other related matters referred to in Paragraph One shall be prescribed by the Ministry of the Interior.
Article 52
The propaganda literature printed in texts and pictures for the election or recall shall be signed by any of the political parties and persons in person.Where it pertains to a non candidate, leading proposer of recall or person being recalled the name and address shall both be specified;where it pertains to a corporate person or an association, the name of the corporate person or the association and the name and address of the corresponding representative shall both be specified.The propaganda literature shall only be posted in the campaign offices of the candidate,the offices of the political parties,the offices of recall,and the propaganda vehicles.
Propaganda materials in the preceding paragraph that are printed before the period of election and recall activities and are intended to be distributed after period of election and recall activities starts are deemed to be printed during the period of election and recall activities.
Any of the political parties and persons who hang or erect any of the advertising articles for campaign or recall such as slogans,signboards, flags or strips shall be named and shall not hang or erect those on roads and bridges,in parks, government agencies (institutions),schools or other public facilities and the pertinent land in use.However,this shall not apply to the places announced by the municipal or county(city) government for use by the candidate,the leading proposer of recall,the person being recalled, recommended candidate or the political party to which the person being recalled belongs.
The places announced by the municipal or county (city) government shall be available evenly and reasonably;the regulations governing the use and management of such places shall be prescribed by the municipal or county(city) government..
The hanging or erection of advertising articles may not encumber the public safety or the traffic order, and such articles shall be cleared by the candidates themselves within seven days after the polling day; otherwise,the violation case will be handled in accordance with relevant laws and regulations.
The competent authority(unit) of the municipal or county(city) government shall be notified by the election commission to handle the cases violating the propaganda literature posted or advertising articles hung or erected referred to in Paragraph One or Three in accordance with the regulations.
Article 53
Any of the political parties or persons shall specify the unit and the host in charge of the survey, implementing time, sampling method,matrix and sample size,error and budget source regarding the publicization of the data relating to candidates and the person being recalled or election and recall survey from the day when the public notice for election is issued or when the established recall is declared until ten days before the polling day.
No publication,report,spread,commentary or quotation of election and recall materials that do not contain the above-mentioned items and other information with the appearance of a public opinion poll shall be allowed during the period mentioned in the preceding paragraph.However,this does not apply to political parties,candidates, proposers of recall,persons being recalled unless the person has made his or her own assessment.
Any of the political parties or persons may not publicize the data mentioned in the preceding two paragraphs in any manner until ten days before the polling day to the time when the voting time expires and may not report,spread,comment or quote such information.
Article 54
Any of the political parties or persons may not make noise as using the speakers for campaign or recall activities.The violators shall be handled by the competent authority of environmental protection or police agencies in accordance with the relevant statutes.
Article 55
The sayings of the candidates or their electioneering personnel for campaign and the sayings of the leading proposer of recall,the person being recalled and persons helping recall activities,representatives and the staff from the offices of recall may not conform to any of the following circumstances:
1.Instigating others to commit the crime of insurrection or the crime relating to foreign aggression.
2.Instigating others to destroy the social order by insurrection.
3.Offending against any other crime prescribed in criminal laws.
Article 56
None of the political parties or persons may conform to any of the following circumstances:
1.Public campaign,electioneering or recall activities before 7:00 am or after 10:00 pm each day during the period of election and recall activities.However,this shall not apply to activities which may not hinder the life of residents or the social peace.
2.Campaign,electioneering or recall activities on the polling day.
3.Hindering the campaign or recall activities of other political parties or candidates.
4.Inviting foreigners or residents of China,Hong Kong or Macau to perform the behaviors prescribed in the Subparagraphs of Article 45.However this does not apply if the invited person is a candidate,spouse of the person being recalled,person joining stage performance or campaign in person in Subparagraph 2 of Article 45 and non-speakers participating in parades or requests for ballots in Subparagraph 7 of Article 45.