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Chapter Law Content

Title: Referendum Act CH
Category: Central Election Commission(中央選舉委員會)
Chapter 3 Procedure of Referendum
Section 1 National Referendums
Article 9
Unless otherwise specified, to submit a proposal for a referendum, the leading proposer shall submit a written proposal, a statement of reasons, the original roster and copy of the proposer’s details to the competent authority.
There shall be only one leading proposer as referred to in the preceding Paragraph and the main text shall be limited to 100 words and the statement of reasons shall be less than 2,000 words. The excess part of the aforesaid limit will not be publicized, or published in the referendum bulletin.
The main text of the first paragraph shall be concise, clear, and objectively neutral; the clarification of the grounds for the referendum and its position shall be consistent with the main text.
The competent authority shall establish the written method, word count calculation, grammar and other related matters in the main text and the statement of reasons.
The roster of proposers referred to in Paragraph 1 shall be completed column by column according to the specified format with the signature or seal, the ID card number and the permanent address of proposers affixed and bound into books by municipal, county, and township (city/district) governments.
The competent authority shall set up an electronic system for the leading proposer to solicit proposals and combined signatures; the method and implementation date for proposal, joint signatures, and examination processes shall be prescribed by the competent authority.
The electronic proposals and co-signers whose documents are provided in the form of electromagnetic records.
The proposal of referendum case is limited to one case one issue.
Article 10
The number of proposers for the matters prescribed in Paragraph 2 of Article 2 shall be not less than one-ten thousandth of the total electorate in the most recent election of President and Vice President.
The proposal list of referendum which does not conform to the first and second provisions of the preceding article, or is not bound into books by municipal, county, and township (city/district) governments according to Article 5 of the preceding article, or the number of proposers is less than that as stipulated in the preceding paragraph, the competent authority shall not accept the case.
After receiving a proposal of referendum, or a corrected proposal, the competent authority shall finish its examination within 60 days. In the event of any of the following circumstances after the process of examination, the competent authority shall specify the reasons and notify the leading proposer to make necessary revisions once only within 30 days; if the necessary corrections are not made at the appointed time , or still do not meet the relevant provisions, the proposal shall be rejected.
1.Where the proposal does not meet the applicable matters of the national referendums specified in Article 2.
2.Where the proposal violates the provisions specified in Paragraph 4 of the preceding Article.
3.Where the proposal does not comply with provisions stipulated in Paragraph 2 of Article 1 or Paragraph 8 of the preceding Article.
4.Where the content of the proposal contains matters specified in the provisions of Article 32.
5.Where the meaning of the proposal cannot be understood from thecontent of the proposal.
For those of being requested to make revisions according to the provisions of the preceding paragraph, the competent authority shall hold a hearing first to clarify relevant disputes and assist the leading proposer to make the necessary corrections.
If the referendum is determined by the competent authority in conformity with the provisions, the competent authority shall request the government agencies of household registration to carry out an audit of the proposers within 15 days.
The government agencies of household registration shall audit the roster of proposers according to the household registration data, and invalidate a proposer due to any of the following circumstances:
1.Where the proposer does not meet the qualification requirements set forth in Paragraph 1 of Article 8.
2.Where the name, ID card number or address of the proposer is recorded incorrectly, or is unclear.
3.Where the roster of proposers lacks the signature, or seal of the proposer.
4.Where the proposer’s name is forged.
After the process of auditing, if the number of proposers does not meet the requirement specified in provisions of Paragraph 1, the competent authority shall notify the leading proposer to add additional proposers within 30 days limited to one time only; if the specified number is still not reached after supplementation, or the leading proposer does not add more proposers, the proposal shall be rejected.
If the proposal referred to in the preceding Paragraph meets the relevant provisions, the competent authority shall, depending on the nature of the proposal, request the legislative and administrative government agencies to bring forward a position paper with the content stating the legal effect of passing, or failing to pass the motion within 45 days after receiving the official letter of request. Those motions that have not been raised during said limited period will be considered as having been given up. The position paper shall be limited to 2,000 words. The excess part of the aforesaid limit will not be publicized, or published in the referendum bulletin.
If the proposal referred to in the preceding Paragraph meets the relevant provisions, the competent authority shall inform the leading proposer to receive a roster format of joint signatures or an authentication code of the electronic joint signing system from the competent authority within 10 days to solicit signatories. If the leading proposer fails to go and obtain the said format, or the authentication code within the specified time limit, it will be regarded as an abandonment of the combined signatures.
Article 11
With the consent of not less than 1/2 of the total proposers, the leading proposer may file a written application to relinquish a proposal for referendum before the competent authority gives a notice of joint signatures.
Article 12
For the matters prescribed in Paragraph 2 of Article 2, the number of proposers shall be not less than 1.5% of the total electorate in the most recent election of President and Vice President.
The leading proposer of referendum shall, within 6 months after the next day on receiving the roster format of combined signatories, or an authentication code of the electronic joint signing system, submit the original and copy of the register roster or its electromagnetic record to the competent authority at one time; if it is not filed during the limited period, it shall be deemed to have been renounced.
The list of proposers referred to in the preceding Paragraph shall be completed column by column in the specified format with ID card number and the permanent address affixed with signature and seal and bound into books by municipal, county, and township (city/district) governments, respectively, and submit to the competent authority
In case of abandonment deemed under preceding paragraph 2 or Paragraph 9 of Article 10, the original proposers may not raise a proposal again regarding the same matter within 2 years commencing from the day of abandonment of combined signatures.
Article 13
After receiving the list of combined signatories, if it is found on examination that the number of combined signatories is less than that prescribed in preceding paragraph 1, or the roster is not bound into books by municipal, county, and township (city/district) governments specified in Paragraph 3 of preceding Article, the competent authority will not process the documentation; if it meets the requirements, a letter notification shall be sent to the household administration to complete the examination within 60 days.
The household administration shall check the roster of combined signatories according to the household registration data, and a signatory shall be invalidated due to any of thefollowing circumstances:
1.Where the signatory does not meet the qualification requirement set forth in Paragraph 1 of Article 8.
2.Where the name, ID card number or address of the signatory is recorded wrongly or unclearly.
3.Where the roster of the combined signatories lacks the signature or seal of the signatory.
4. Where the combined signatories name is forged.
After the roster of the combined signatories is audited, if the number of combined signatories meets the provision of Paragraph 1 of the preceding Article, the competent authority shall, within 10 days, announce the proposal of referendum is established, and the proposal shall be numbered; if the number of combined signatories does not meet the provision, the competent authority shall notify the leading proposer to supplement more signatures within 30 days limited to once only; if the specified number is still not reached after supplementation or the leading proposer does not supplement, the competent authority shall announce the proposal of referendum is not established.
Article 14
If the Executive Yuan deems it necessary to carry out referendums for a matter as prescribed in Subparagraph Three of Paragraph Two of Article 2, it may hand the main text and the statement of reasons, after they are approved by the Legislative Yuan, to the competent authority to implement the referendum. The provisions of Article 13, Paragraph One of Article 17, and Article 19 shall not apply.
After the Executive Yuan proposes a referendum to the Legislative Yuan, the Legislative Yuan shall decide within 15 days; if a referendum is proposed during the recess, the Legislative Yuan shall call a meeting within 15 days and decide within 30 days.
If the proposal raised by the Executive Yuan is vetoed by the Legislative Yuan, the Executive Yuan may not raise any more proposals for the same matter within 2 years commencing from the day of veto.
Article 15
After the referendum proposed by the Legislative Yuan in accordance with the provisions of the Constitution has been announced for six months, the Legislative Yuan shall request the competent authority to carry out the referendum within 10 days.
If the Legislative Yuan deems it is necessary to carry out referendums for a matter as prescribed in Subparagraph Three of Paragraph Two of Article 2, it may hand the main text and the statement of reasons, after they are adopted in a meeting of the Legislative Yuan, to the competent authority to implement the referendum. The provisions of Articles 9 to 13, Subparagraph Three of Paragraph One of Article 17, and Article 19 shall not apply.
If the proposal raised by the Legislative Yuan is vetoed, the Legislative Yuan may not raise any more proposals for the same matter within 2 years commencing from the day of veto.
Article 16
When the country is under the threat of foreign force and the national sovereignty is likely to change, the President may, by a resolution of the meeting of the Executive Yuan, put matters regarding national security to referendum.
The provisions of Articles 9 to 13, the provision on the periods set forth in Paragraph One of Article 17 and the provisions of Paragraph Three of Article 17, Article 19, and Article 23 shall not apply to the referendum referred to in the preceding Paragraph.
Article 17
The competent authority shall make the following matters known to the public through public notice 90 days before the day of referendum:
1.The date of voting for the proposal of referendum and the times of commencement and termination of voting.
2.The serial number, main text and statement of reasons of the proposal of referendum.
3.The position papers raised by the government agencies on the proposal of referendum.
4.The scope and method of executing the right of referendum.
5.Representatives of those in support of or against the referendum shall follow, present or debate their opinions on national radio channel.
The competent authority shall provide the representatives of those in support of or against the referendum with time to present their opinions or debate through national broadcast TV channels at public expense, and the designated TV stations may not refuse this request. The operating regulations shall be prescribed by the competent authority.
The presentation, or debate referred to in the preceding Paragraph shall be held at least five times through national broadcast TV channels.
The presentation or debate shall be webcast and its video and audio recording shall be made public on the competent authority's website.
Article 18
The competent authority shall collect the matters publicized under the preceding Article and the relevant regulations on voting to compile and print the referendum bulletin, and shall deliver it to the families in the voting district 2 days before the polling day, post it at appropriate places separately, and publish it on the internet.
Article 19
For a proposal of initiative or a proposal of referendum of law, if the competent authority is informed that the purpose of the initiative or referendum has been realized through the legislative authority before the public notice of the proposal is issued, the competent authority shall immediately stop of the proceeding of the referendum, and inform the leading proposer of the proposal.
Article 20
After it is announced a proposal of referendum is established, the proposers and the objectors may set up offices with permission to propagandize their opinions, and may collect funds to hold relevant activities; however, they may not accept donations from the following. Regulations governing the permission and management of the offices shall be prescribed by the Central Election Commission.
1. Foreign associations, juridical persons or individuals, or associations or juridical persons mainly composed of foreign members.
2. Individuals, 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 citizens of the People’s Republic of China.
3. Residents, juridical persons, associations or other institutions in Hong Kong and Macao, or the juridical persons, associations or other institutions mainly composed of residents of Hong Kong or Macao.
4. Public enterprises or incorporated foundations receiving donations from the government.
The collector of funds referred to in the preceding Paragraph shall set an income and expenditure account book and designate accountants to take charge of accounting and safekeeping, and within 30 days after the polling day, submit a declaration form of incomes and expenditures signed by the collector and the accountants to the Central Election Commission.
The vouchers or evidential documents relating to the incomes and expenditures of campaign funds shall be kept for six months after declaration. However, if a lawsuit is raised, they shall be kept 3 months after the judgment is determined.
If the Central Election Commission deems there is any fault in the declaration, it may request the collector to submit the relevant vouchers or evidential documents.
The Central Election Commission shall, within 45 days after receiving the declaration form of the settlement of incomes and expenditures, collect and list the declaration data and publish them on the government bulletin.
The offices specified in Paragraph One shall not be set up in agencies (institutions), schools, groups established in accordance with the law, places often designated as offices for voting or announcing ballets and other public places except for political party headquarters at all levels and offices of social groups, professional groups and political groups set up in accordance with the Civil Associations Act.
The regulations governing the establishment of referendum offices and the staff shall be prescribed by the competent authority.
Article 21
On the ballots for referendum shall be printed the serial number of the proposal of referendum, the main text, and "Agree" and "Not Agree" columns, and the voter shall use the tool prepared by the election commission to make the choice.
After the choice is made, the voter may not show the ballot to others.
Article 22
The chief administrator shall, jointly with the chief supervisor, drive out anyone who performs any of the following in the referendum polling station or ballot counting station:
1. Wears stickers, clothes or other items having the texts, symbols, or images associated with the referendum, makes noise or disturbs or induces others to vote or not to vote, and does not obey instruction.
2. Carries weapons or hazardous goods into the station.
3. Commits any other misconduct and does not obey instruction.
When driving out a voter of referendum who commits any of the misconducts prescribed in the preceding Paragraph, the referendum ballot held by the voter shall be called back and the fact shall be recorded under the name of the elector in the list of electors. In case of severe circumstances, it shall be reported to the election commission.
Article 23
The referendum day is formally scheduled to be held on the fourth Saturday of August, once every two years staring from the 110th year of the Republic of China.
The referendum day should be a holiday.
Article 24
The provisions of Articles 17 to 23, 57 to 62, 64 and 66 of the Civil Servants Election And Recall Act shall apply mutatis mutandis to the compilation, public reading and amendment of the list of voters, voting, ballot counting, and the recognition of valid ballots and invalid ballots for the proposals of national referendum.
If the voting for a proposal of referendum and a national election is held on the same day, the list of referendum voters and the list of electors shall be compiled separately.
Article 25
The competent authority may hold a national referendum by way of absentee voting. The way to hold a national referendum by way of absentee voting shall be prescribed in a separate law.