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Chapter Law Content

Chapter 3 Election
Section 3 Candidates
Article 20
An elector who has lived in the free regions of the ROC for not less than six consecutive months, has set his/her domicile in the ROC for not less than fifteen years,and has completed his/her fortieth year of age may apply for being registered as the candidate for President or Vice President.
Anyone who restores the ROC nationality or acquires the ROC nationality by naturalization or the people in the People’s Republic of China or the residents in Hong Kong and Macao who are permitted to enter Taiwan may not be registered as the candidate for President or Vice President.
Article 21
The candidates for President and Vice President shall prepare the forms set forth by the Central Election Commission and the deposit to apply for registration with the Commission in conjunction. If the application is not filed for registration in conjunction,or the forms or the deposit does not meet the relevant provisions,and the application is not filed within the specified time limit,it will not be accepted.
The candidates referred to in the preceding paragraph shall be recommended by their political party or by the means of joint signature of the signers.
If it is found through examination that one or both of the candidates for President and Vice President of a same group does not meet the qualification requirements,the group of the candidates shall not be registered.
Article 22
If the application for being registered with the Central Election Commission as the candidates for President and Vice President is filed by the way of political party recommendation,a letter of recommendation stamped with the political party’s seal issued by the Ministry of the Interior shall be submitted together with the application.If two or more political parties jointly recommend a same group of the candidates,a letter of recommendation separately stamped with the political parties' seals in order shall be submitted together with the application.The same political party may not recommend two or more groups of the candidates,and if two or more groups of the candidates are recommended by the same political party,the application for registration filed later will not be accepted.
The parties mentioned in the preceding paragraph shall meet one of the following requirements:
1.In the latest election of President and Vice President,the sum of the votes of the candidates recommended by the political party referred to in the preceding paragraph shall reach not less than 5% of the total effective ballots of the election.If two or more political parties jointly recommend one group of the candidates for President and Vice President,the votes of the candidate recommended by each political party shall be calculated by dividing the votes of the candidates by the number of political parties.
2.A minimum of 5% of the votes cast in the most recent national integrated election and overseas election of central public officials or the indigenous election of central public officials prior to the publication of the election announcement.
Article 23
Those who apply for to be registered as the candidates for President and Vice President by way of joint signature shall,within five days after the public notice for election is issued,apply to the Central Election Commission to be the presentees recommended by way of joint signature and to receive a list of joint signers,and pay a deposit of NT$1,000,000.
After receiving the application referred to in the preceding paragraph,the Central Election Commission shall give a public notice at a specified time to declare the applicants as the presentees recommended by joint signature,notify the presentees to complete the joint signature within forty-five days commencing from the day after the public notice is issued,and send a written request to the municipal or county(city) election commission to accept the joint signature documents submitted by the presentees or their agent within the period of joint signature.However,in case of by-election or reelection,the documents shall be accepted within twenty-five days commencing from the day after the public notice is issued.
A citizen in the free regions of the ROC who has completed his/her twentieth year of age by the day when the public notice for election is issued may be a joint signer as referred to in the preceding paragraph.
If the number of joint signers,within the period set forth in Paragraph Two,has reached 1.5% of the total electors in the latest Presidential and Vice Presidential Election,the Central Election Commission shall give a public notice at a specified time for the completion of joint signature,grant the presentees a certificate on the completion of joint signatures and return the deposit.If the number of joint signers does not reach a half of the value prescribed,the deposit will not be returned.
The presentees or their agent shall print the list of joint signers and the affidavit in the formats prescribed by the Central Election Commission within the period of joint signature to collect signatures.Upon performing the joint signature, the joint signers shall produce a photocopy of ID card.The same signer shall only sign for one group of presentees,and if he/she signs for two or more presentees,both signatures will become invalid.
After receiving the joint signature documents referred to in the preceding paragraph,the municipal or county(city) election commissions shall perform selective examination and then report the result of examination to the Central Election Commission level by level.Under any of the following circumstances,the signature of a joint signer shall be deleted:
1.Where the joint signer does not meet the provision of Paragraph Three or Five.
2.Where the data recorded in the photocopy of the joint signer's ID card is not clear so that the name,date of birth or ID No.of the joint signer can not be identified.
3.Where the list of joint signers is not signed or sealed by the signer.
4.Where the signature of the joint signer is forged.
The joint signature documents referred to in the preceding paragraph shall be kept for three months after ballot counting.However,if any lawsuit regarding the election is raised during the period of keeping,the period shall be prolonged to three months after the judgement is determined.
Regulations governing the joint signature and examination of signatures shall be prescribed by the Central Election Commission.
Article 23-1
If one of the Presidential presentees dies within the period of joint signature,the Central Election Commission shall announce that the Presidential and Vice Presidential presentees shall cease to joint signature;if the Vice-Presidential nominee dies within the period of joint signature,the joint signature shall remain valid and the Presidential nominee shall,within three days of the fact,apply to the Central Election Commission for the replacement of the Vice-Presidential nominee and continue to solicit joint signatures.
If the Presidential nominee dies before applying for registration as a candidate after completing the joint signature,the Presidential and Vice Presidential presentees of that group shall not apply for registration as candidates.If the vice Presidential nominee dies before applying for registration as a candidate after completing the joint signatures,the Presidential nominee of this group shall propose another Vice-Presidential candidate and apply for joint registration as the Presidential and Vice-Presidential candidates.
Article 24
To apply for being registered with the Central Election Commission as the candidates for President and Vice President by the way of joint signature, a certificate on the completion of joint signature shall be submitted together with the application.
Article 25
If the voting is held on the same day for the election of President and Vice President and for election(s) of other public officials,and a person is registered as the candidates for two or more kinds of election,the registration of other public officials shall be invalid,the deposit will not be returned.
Article 26
A person under any of the following circumstances may not be registered as the candidate for President or Vice President:
1.Where the person has committed the crime of insurrection or a crime related to foreign regression after the period of suppressing communist rebellion,and is thus sentenced.
2.Where the person has committed the crime of corruption and is thus sentenced.
3.Where the person has committed the crime prescribed in in Paragraphs One and two of Article 84,Article 85,Paragraph One of Article 86,Paragraph One of Article 87,Article 88,Paragraphs One,Six and Seven of Article 89;in Paragraphs One and Two of Article 97,Article 98, Paragraph One of Article 99,Paragraphs One and Two of Article 100,Paragraphs One,Six and Seven of Article 101,Paragraph One of Article 102, Article 103 of Public Officials Election and Recall Act;in Articles 142 and 144 of the Criminal Code;or an elector in the election of the chairperson and vice chairperson of a municipal or county(city) council,the chairperson and vice chairperson of a township (city) or an indigenous district congress commits an offence under Article 143 of the Criminal Code; and is thus sentenced.
4.Where the person has committed the crime prescribed in Paragraphs One to Four of Article 7,Paragraphs One to Three of Article 8, Paragraphs One and Two of Article 12 of the National Security Act;in Paragraphs One,Two and Four of Article 32,Paragraphs One,Two and Four of Article 33, Paragraphs One to Four of Article 34 of The Classified National Security Information Protection Act;in Paragraphs One to Four of Article 30,Article 30-1,Article 31 of the National Intelligence Work Act;in Article 3, Article 4,Paragraph Three of Article 5,Article 6 or Article 7 of the Anti-Infiltration Act;and is thus sentenced.
5.Where the person has committed the crime prescribed in the Organized Crime Prevention Act and is thus sentenced.
6.Where the person has committed the crime prescribed in Articles 4 to 9,Paragraphs One and Two of Article 12 and attempted crimes in these two Paragraphs, Article 13,Paragraphs One and Two of Article 14, Article 15 of the Narcotics Hazard Prevention Act;in Article 7,Paragraphs One to Five of Article 8,Article 12,Article 13 of the Controlling Guns, Ammunition and Knives Act;in Articles 14 and 15 of the Money Laundering Control Act;in Article 302-1 or 339-4 of the Criminal Code;and is thus sentenced.However,an aboriginal person who is solely guilty of the unauthorized manufacture,transfer,transportation,loan or possession of a homemade hunting rifle,its major component parts or ammunition,shall not be guilty of such a crime unless convicted prior to the effective date of the Controlling Guns,Ammunition and Knives Act,as amended on May 22,2020.
7.The same applies to those who have committed the crimes mentioned in the preceding six Subparagraphs and have been convicted and sentenced to probation.
8.Where the person has committed an offence other than those set out in Subparagraphs 1 to 6,the minimum penalty shall be imprisonment for a term of not less than seven years and shall be determined by a sentence of fixed-term imprisonment of more than ten years.
9.Where the person has committed an offence other than those set out in Subparagraphs 1 to 6,the sentence of fixed-term imprisonment or higher has been confirmed and has not yet been executed,the execution has not been completed,the period of probation,or the right to execute the sentence has expired due to the expiration of the statute of limitations.
10.Where the person’s sentence of death penalty, life imprisonment or fixed-term imprisonment of more than ten years has not yet been determined.
11.Where the person is sentenced to the security punishment or reclamation,and the judgement is determined but not executed or completed.
12.Where the person is subject to a declaration of bankruptcy or the commencement of liquidation proceedings as determined,and has not recovered the property rights.
13.Where the person is removed from office due to disciplinary action.
14.Where the person is dismissed or recalled according to law and the period has not expired.
15.Where the person is deprived of public rights, and the period of deprivation has not expired.
16.Where the person has become subject to the order of the commencement of guardianship or assistantship has not been cancelled yet.
Article 27
The following persons may not apply for being registered as the candidate for President or Vice President:
1.Soldier in active service.
2.Personnel handling election affairs.
3.Persons holding the nationality of a foreign country.
4.Those who shall not be registered as candidates in accordance with other prescribed laws.
If the soldier referred to in Subparagraph 1of the preceding paragraph is mustered from reserves,or has not enrolled in the army,or is mustered for education,service or drilling, he shall be exempted from the restriction.
If the election is judged by a court as invalid due to the reason prescribed in Subparagraphs 2 to 3 of Paragraph One of Article 104,elected candidates of the same group may not apply to be registered as a candidate for the by-election of President or Vice President.
Article 28
After the list of the candidates for President and Vice President is publicized through public notice,if it is found a candidate conforms to any of the following circumstances before the public notice is issued or before polling,the Central Election Commission shall cancel the registration of the candidate before polling;or if the candidate is elected,a lawsuit claiming the electee's being elected is invalid in accordance with the provision of Article 105 shall be raised:
1.Where the candidate does not meet the qualification requirement set forth in Article 20.
2.Where the candidate conforms to any of the Subparagraphs of Article 26.
3.Where the candidate may not be registered as the candidate according to the provisions of Paragraphs One and Three of the preceding article.
4.Where the candidate may not be registered as the candidate according to the provisions of Paragraph One of Article 78.
Article 29
If one of the candidates for President dies after the deadline for registration and before the polling day,the Central Election Commission shall immediately give a public notice to stop the election,and determine another time for reelection.
For the reelection handled in accordance with the provision of the preceding paragraph,the certificates on the completion of joint signature acquired by the candidates for President and Vice President before the public notice is issued to stop the election shall also apply to the reelection.
Article 30
Persons who have been registered as the candidates for President and Vice President may not relinquish the registration.
For the registered candidates for President and Vice President recommended by political parties, the political parties may not relinquish the recommendation.
Article 31
When being registered as the candidates for President and Vice President,each group of candidates shall pay the deposit of NT$15,000,000.
The deposit referred to in the preceding Paragraph shall be returned within thirty days after the public notice of the list of electees is issued.However,the deposit will not be returned to the candidates who get votes of less than 5% of the total electors.
The subsidies for campaign funds in the preceding Paragraph which shall be deducted directly in accordance with the provisions prescribed in Paragraph Two of Article 113 shall be deducted in advance;the residual amount will be granted if there is any.
Article 32
The deposit referred to in Paragraph One of Article 23 and Paragraph One of the preceding Article shall be paid in cash,promissory note issued by financial institutions,certified check or Giro business check;the cash shall not be paid by coinage.
Article 33
The qualifications of candidates shall be determined and publicized by the Central Election Commission,and anyone who does not meet the qualification requirements may not be registered. To decide the numbering of the candidates in the determined list of candidates,the Central Election Commission shall notify each group of candidates to draw lottery publicly three days before the list of candidates is publicized.
If there is only one group of candidates,it shall be numbered the No.1,and the lottery referred to in the preceding paragraph may be exempted.
The lottery for determining the numbering of the candidates shall be conducted under the on-site supervision of supervisors.One candidate of each group shall arrive at the spot to draw lottery personally.If a group of candidates cannot arrive at the spot to draw lottery personally,someone else may be commissioned to draw the lottery on behalf by right of the power of attorney produced by the group of candidates.If a group of candidates does not attend the lottery and does not commission anyone else to draw the lottery,or does not draw the lottery after being called for three times although they are present,the Central Election Commission shall draw the lottery on behalf of the group of candidates.