Chapter 4 Recall
If a proposal of recall of the President or the Vice President is proposed by not less than 1/4 and agreed by the not less than 2/3 of the total members of the Legislative Yuan, the Legislative Yuan shall announce the proposal of recall is established. However, the President or the Vice President who has not been in the position for one year may not be recalled.
Within 10 days after the proposal of recall referred to in the preceding Paragraph is announced, the Legislative Yuan shall transfer the proposal, together with the statement of reasons for recall and the statement of defense raised by the person recalled, to the Central Election Commission.
Within 20 days commencing from the day after receiving the statement of reasons for recall and the statement of defense transferred from the Legislative Yuan, the Central Election Commission shall make the following matters known to the public through public notice:
1. The date of voting for recall and the commencing and terminating time of voting.
2. The statement of reasons for recall.
3. The statement of defense.
From the day when a proposal of recall is announced, anyone may not carry out propaganda activities to promote or prevent the recall.
The Central Election Commission shall have the voting for recall completed within 60 days commencing from the day after receiving the statement of reasons for recall and the statement of defense transferred from the Legislative Yuan. However, it shall not be held at the same time while the voting for another election is held.
The ballots for recall of President and Vice President shall be printed separately. However, for the case of recall transferred from the Legislative Yuan, if the President and the Vice President are to be recalled in the same proposal, the ballots shall be printed with the President and the Vice President listed in conjunction.
In the ballots for recall shall be printed two columns, "Agree to recall" and "Not Agree to Recall”, 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.
The provisions set forth in this Act on electors, the list of electors, voting and ballot counting shall apply mutatis mutandis to the voters, the list of voters, and voting and ballot counting for recall.
A proposal of recall shall be adopted if more than a half of the total electors in the free regions of the ROC have voted and more than a half of the valid ballots agree to recall.
After the process of voting, the Central Election Commission shall, within 7 days after the voting is finished, issue a public notice to announce the result of the voting for recall. If the proposal of recall is adopted, the person recalled shall be removed from the position from the day when the public notice is issued.
If the proposal of recall is adopted, the person recalled may not be the candidate for President or Vice President within 4 years commencing from the day when he/she is removed from the position; this provision shall also apply if he/she resigns after the proposal of recall is announced to be established.
If the proposal of recall is denied, proposal of recall may not be raised against the person recalled any more within the tenure of the person recalled.