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Chapter Law Content

Chapter 3 Election
Section 7 Result of Election
Article 63
The group of candidates who get the most votes shall be elected; if two or more groups get the same votes, the re-voting shall be carried out within 30 days commencing from the polling day.
If there is only one group of candidates, they may be elected only if they get a vote of not less than 20% of the total electors. If they fail to be elected, the re-voting shall be completed within 3 months commencing from the polling day.
Article 63-1
If the difference between the candidates with the highest and second high number of votes is within 0.3% of the valid ballots, the candidates with the second high number of votes may apply for sealing all or part of the list of electors and ballots within 7 days after the voting day to the court with jurisdiction prescribed in Article 110. The ballot recounting of the sealed polling station shall be completed within 40 days and the result of the ballot recounting shall be notified to the Central Election Commission. The Central Election Commission shall reexamine the result of election in accordance with the result of the ballot recounting certified by the court with jurisdiction within 7 days. According to the result of the reexamination, if a candidate should not be elected and it is announced that he / she is elected, the announcement shall be cancelled; if a candidate is actually elected but it is not announced, a public notice shall be given to announce the result of election.
The applicant shall publish the polling station of the ballot recounting in written form for the application and pay the deposit of a certain amount. The quota shall be counted by NT$3 per vote of the polling station.
The place of the ballot recounting shall be selected by the court with jurisdiction, and the list of electors and ballots of the sealed polling station shall be recognized one by one.
The court with jurisdiction shall notify each candidate or the designated personnel as implementing the ballot recounting and may direct the municipal or county (city) election commission, township (city / district) offices and the staff of polling station for assistance.
If the result of ballot recounting does not alter the result of being elected or not elected, the deposit in Paragraph Two shall not be returned. If the result of ballot recounting does alter the result of being elected or not elected, the deposit shall be returned.
Anyone who raises a lawsuit of election and seals the list of electors and ballots of sealed polling station in accordance with the provisions of Paragraph One shall not apply for ballot recounting.
The expenses required for the ballot recounting referred to in Paragraph One shall be paid with the budget from the Central Election Commission.
This Article amended on December 20 2007 was enforced on the date of promulgation which shall not apply to the provisions of Article 115.
Article 64
In case of death of the candidate for Vice President, if the candidate for President in the same group is still elected President, the Vice President shall be regarded as vacant.
If either the elected President or the Vice President dies before accession or the election is judged as invalid before accession, the position shall be regarded as vacant.
If the positions of President and Vice President are both regarded as vacant because the elected President and Vice President die before accession or the election is judged as invalid, the voting for reelection shall be completed within 3 months commencing from the day of death or from the day when the Central Election Commission receives the judgement from the court.
Article 65
The electees shall come into office on the day when the tenure of the current President and Vice President expires. If the electees elected through reelection or re-voting fail to come into office on the day when the tenure of the current President and Vice President expires, the tenure of the electees shall commence from this day all the same.
Article 66
The electee's certificates of President and Vice Presidents shall be fabricated and issued by the Central Election Commission. The certificate of Vice President elected through by-election shall be fabricated and issued by the Legislative Yuan.
Article 67
If the election is judged as invalid and, and the vote of the candidates changes according to the fact recognized in the determined judgement of the court and thus influence the result of election, the Central Election Commission shall reexamine the result of election according to the fact recognized in the determined judgement of the court. According to the result of the reexamination, if a candidate should not be elected and it is announced that he/she is elected, the announcement shall be cancelled; if a candidate is actually elected but it is not announced, a public notice shall be given to announce the result of election; in this case, the provisions on reelection shall not apply.
The tenure of the electee announced after event as referred to in the preceding Paragraph is until the day when the tenure of the original President and Vice President expires.