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Chapter 6 Election and Recall Lawsuits
Article 102
If a government agency of election and recall handles the election or recall affairs illegally so that the result of election or recall will be affected, the prosecutors, candidates, the person recalled or the proposer of the proposal of recall may, within 15 days commencing from the day when the list of electees or the result of voting for recall is publicized, file a lawsuit of invalid election or recall in the governing court against the government agency of election and recall.
Article 103
For the lawsuit of invalid election or recall, if the invalidation judgement of the court is determined, the election or recall shall be invalid, and the election or recall shall be held again at a specified time. If the election or recall is held illegally in part, the part of election or recall shall be invalid, and the voting shall be conducted again at a specified time in respect of the invalid part.
Article 104
Under any of the following circumstances, the governments agencies of election and recall, the prosecutors or the candidates may, within 30 days commencing from the day when the public notice of electees is issued, file a lawsuit claiming the electee's being elected is invalid in the governing court against an electee:
1. Where the electee's vote is false so that the result of election is likely to be affected.
2. Where the electee prevents other candidates, the persons having the right of voting or the personnel handling election affairs from campaigning, executing the right of voting or performing duty freely by violation, intimidation or other illegal method.
3. Where the electee conducts the action prescribed in Article 84, Subparagraph 1 of Paragraph One of Article 87 or Paragraph One of Article 89 of this Act, or Paragraph One of Article 146 of the Criminal Code.
4. Where the electee conducts the action prescribed in Paragraph One of Article 86 so that the result of election is likely to be affected.
Under any of the circumstances prescribed in the Subparagraphs of the preceding Paragraph, if the invalidation judgement is determined, it will not be affected by the criminal verdict of not guilty for the same cause.
Article 105
If an electee conforms to any of the circumstances prescribed in the Subparagraphs of Article 28, the government agencies of election and recall, the prosecutors or the candidates may, before the tenure of the electee expires, file a lawsuit claiming the electee’s being elected is invalid in the governing court against the electee.
Article 106
For the lawsuit claiming the electee’s being elected is invalid, if the invalidation judgement is determined, the original electee's being elected shall be invalid; and if the electee has come into office, he/she shall be removed from the position from the day when the judgement is determined.
Article 107
The judgment that the election or the electee's being elected is invalid will not affect the actions taken by the original electee on duty after accession.
Article 108
Under any of the following circumstances, the election commission, the prosecutors, the person recalled or the proposer of a proposal of recall may, within 15 days commencing from the day when the public notice of the result of voting for recall is issued, file a lawsuit of invalid adoption or veto of the proposal of recall in the governing court against the proposer or the person recalled:
1. Where the vote of adoption or veto is false so that the result of voting is likely to be affected.
2. Where the person recalled or the proposer prevents the persons having the right of voting or the personnel handling election affairs from executing the right of voting freely or performing duty by violation, intimidation or other illegal method.
3. Where the person recalled or the proposer conducts the action prescribed in Paragraph One of Article 146 of the Criminal Code.
4. Where the person recalled or the proposer conducts the action prescribed in Paragraph One of Article 86 so that the result of voting is likely to be affected.
5. Where the person recalled conducts the action prescribed in Subparagraph 3 of Paragraph One of Article 87.
For the lawsuit of invalid veto of a proposal of recall, if the invalidation judgment of the court is determined, the veto of the proposal of recall shall be invalid, and it shall be voted again at a specified time.
If the adoption of a proposal of recall is judged as invalid, the person recalled shall be resumed to the original position.
Article 109
If an elector finds any factor that will construct invalid election, invalid being elected, invalid recall, or invalid adoption or veto of a proposal of recall, he/she may, within 7 days commencing from the day when the public notice of the list of electees or the result of voting for recall is issued, submit the material evidences to the prosecutor or the election commission to for prosecution.
Article 110
Election and recall lawsuits shall be exclusively governed by the High Court at the location of the Central Government.
Article 111
An Election Courtroom shall be established to hear the election and recall lawsuits by using the collegiate system, and an election or recall lawsuit shall be adjudged ahead of other lawsuits, and shall be finally judged in the second instance, and no lawsuit of rehearing may be filed. The court hearing the case shall have it concluded within 6 months.
Article 112
The provisions of the Civil Procedure Code shall apply to the procedure of election and recall lawsuits, unless otherwise prescribed in this Act. However, the Civil Procedure Code shall not apply to the validity of abandonment, commitment or the fact self-confessed or of no dispute in the proceeding.