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Chapter Law Content

Chapter 3 Election
Section 5 Election and Recall Activities
Article 36
The period of election and recall activities of President and Vice President is twenty-eight days.
The period referred to in the preceding Paragraph shall be counted backwards from the day before the polling day,and the election and recall activities hours everyday during the period are from 7:00am to 10:00pm.
Article 37
(deleted)
Article 38
The maximum of campaign fund of a same group of candidates shall be prescribed by the Central Election Commission,and publicized on the same day when the public notice for election is issued.
The maximum of campaign fund referred to in the preceding paragraph shall be the sum of the product of 70% of the total population in the free regions of the ROC multiplied by the basic amount of NT$20 plus NT$100,000,000.
If the maximum of campaign fund has a mantissa of less than NT$1000,it shall be rounded to NT$1000 by transfer method.
The total population in the free regions of the ROC referred to in Paragraph Two refers to the total population of household statistics on the final day of the sixth month before the month of polling.
Article 39
(deleted)
Article 40
The expenses relating to campaign paid by a same group of candidates within the period from the day when the public notice for election is issued to thirty days after the polling day,within the maximum of campaign funds prescribed in Article 38, subtracted by the donations accepted may be listed in the deduction of the every year upon declaration of income tax.
Article 41
If the votes gained by a group of candidates reaches not less than 1/3 of the votes of electee, their campaign expenses shall be subsidized by a rate of NT$30 per vote.However,the maximum subsidy may not exceed the maximum campaign fund of the candidates.
Subsidies for a group of candidates recommended by a political party shall be received by the political party;if two or more political parties jointly recommend one group of candidates,they shall jointly sign the receipt.
The Central Election Commission shall work out the amount of subsidy for campaign expenses of candidates referred to in Paragraph One within thirty days commencing from the day after the public notice of the list of electees is issued,and notify the candidates registered by the way of joint signature or the recommending political party to prepare the receipt and receive the subsidy from the Central Election Commission within three months.
For the candidates or political parties who do not receive the subsidy for campaign expenses within the specified time limit,the Central Election Commission shall hasten them to receive it within three months. In case they do not receive before the aforesaid time limit expires,it shall be regarded as abandonment of the subsidy.
The subsidies for campaign expenses referred to in Paragraph One 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.
When the candidate who receives the subsidy for campaign expense has been convicted violating the rules in Article 84,Paragraph One of Article 86, Subparagraph 1 of Paragraph One of Article 87,Paragraph One of Article 89;or the election has been convicted invalid due to the violation of provisions of Subparagraph 3 of Paragraph One of Article 104,the election commission should,after receiving the letter of notification,notify the candidate to refund the received amount and the deducted subsidy for campaign expense within thirty days.If the candidate fails to refund the amount,the matter will be enforced forcibly.
Article 42
A same group of candidates may establish campaign office(s) during the period of campaign.If two or more campaign offices are established,the candidates shall be the principal of the principal office and designate dedicated personnel to take charge of the other offices,and shall register the addresses of the offices and the names of the principals with the Central Election Commission.
Candidates' campaign offices may not be established in the government agencies (institutions), schools,civil associations legally established, the places frequently used as polling stations or ballot counting stations,or other public places. However,this shall not apply to the offices of political party committees of specific levels.
Article 43
The commissioners,supervisors and staff of the election commissions of specific levels and the personnel handling election affairs in township (city/district) offices may not perform any of the following actions after the public notice for election is issued or the established recall is declared:
1.Propagating candidates via public speeches or signed recommendation or support of/opposition to recall.
2.Stage performance or campaign in person for candidates or support of/opposition to recall.
3.Propagating candidates or support of/opposition to recall during a press party or interview by media.
4.Propagating candidates or support of/opposition to recall by printing and posting the propaganda.
5.Propagating candidates or support of/opposition to recall by hanging or erecting advertising articles such as slogans,signboards,banners,or strips.
6.Propagating candidates or support of/opposition to recall via radio,television,Internet or other media.
7.Participating in parades,request for ballots or funding activities of candidates or support of/opposition to recall.
Article 44
The Central Election Commission shall collect the S/N,photos,name,date of birth,sex/gender, birthplace,way of registration,educational background,experience and political views of each group of candidates as well as relevant regulations on election and voting to compile and print the election bulletin,and may record acoustic election bulletin.
The educational background and experiences referred to in the preceding paragraph shall be described in 300 words totally,and only those who graduate from universities registered with or recognized by the competent authority in charge of education may be recognized as university graduates.Upon registration,the candidates shall submit evidential documents on their educational background; otherwise,the educational background will not be published in the election bulletin.
The candidate data referred to in Paragraph One shall be submitted to the Central Election Commission when applying for registration.
The content of political views referred to in Paragraph One may contain texts and graphics,and all candidates should have fair access to the election bulletin;the regulations for its preparation,format,printing and other related matters shall be determined by the Central Election Commission.If the content violates the provisions prescribed in Article 49,the Central Election Commission shall notify the candidate to modify it within aspecified time limit;if it is not revised within the time limit or if it still fails to comply with the regulations after revision,the parts that do not comply with the provisions shall not be published in the election bulletin.
The candidates shall be responsible for their personal data.The personal data known or proved false on duty by the Central Election Commission shall not be published in the election bulletin. For the candidates recommended by political parties,the"way of registration"column shall be filled in the name of the recommending political party plus "Recommendation",if the group of candidates for President and Vice President is recommended by two or more political parties, the sequence of the political parties' name shall be determined according to the sequence in the letter of recommendation;for the candidates registered by way of joint signature,the column shall be filled in "Joint signature".
The election bulletin shall be delivered to the families in each electoral district and separately made public on the website of the Central Election Commission and in other appropriate ways two days before the polling day.
Article 45
For the election of President and Vice President, the Central Election Commission shall provide the candidates with hours to express their political views through national wireless TV channel at public expenses,and each group of candidates shall have not less than thirty minutes every time,and the designated TV stations may not refuse.The operating regulations shall be prescribed by the Central Election Commission.
With the consent of two or more groups of candidates,an individual or association may hold a national wireless TV debate;the TV station shall undertake such debate and may apply to the Central Election Commission for subsidy.Regulations governing the application procedures,amount of subsidy,criteria and other related matters shall be prescribed by the Central Election Commission.
The TV debate for President referred to in the preceding paragraph may be held up to three times, and every time each candidate has up to thirty minutes.The TV debate for Vice President may be held similarly,but shall be held only once.
The candidates shall be responsible for the contents of the political views or debate referred to in Paragraphs One and Two by themselves.
Article 46
Broadcast TV enterprises may offer the times with charge to the political parties recommending or registering candidates or the candidates recommended or registered for campaign activities, or to the proposer or the person being recalled for propaganda of support of/opposition to recall and shall treat both of them in a fair and just manner.
The public broadcast TV station,non-profit broadcast radio station,wireless or wire TV stations may not broadcast the advertisement regarding the campaign and support of/opposition to recall.
Broadcast TV enterprises shall treat the candidates in a fair and just manner and may not perform any discrimination without just cause if any of the candidates,the proposer of recall or the person being recalled is invited for the program or is involved in the election or recall-related discourse or report.
Where any of the violations against the provisions prescribed in the preceding three paragraphs is performed by the broadcast TV enterprises,anyone may report to the election commission with the material evidence such as video tapes or audio tapes within one month after the broadcast.
Article 46-1
Any of the civil servants in the central and local government agencies of specific levels may not be engaged in any of the activities relating to campaign and propaganda during the period of election and recall activities of President and Vice President.
Article 47
The campaign or recall advertisement published or broadcast in/via the newspapers,magazines,broadcast TV enterprisesInternet and other public media shall specify the person who publishes it,the funder and other relevant information.
The matters to be contained or described in the foregoing election or recall advertisements,their contents,format and other matters to be complied with shall be determined by the Central Election Commission.
Article 47-1
Newspapers,magazines,broadcast TV enterprises, Internet service providers or other public media who publish the election or recall advertisement in the preceding article shall conduct verification and shall not accept commissions to publish, directly or indirectly,from individuals,juridical persons,organizations or institutions included in the following paragraphs:
1.Foreign citizens,juridical persons,associations or other institutions;or the juridical persons, associations or other institutions mainly composed of the members of foreign people, juridical persons,associations or other institutions.
2.Citizens,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 members of the citizens,juridical persons, associations or other institutions of the PRC.
3.Residents,juridical persons,associations or other institutions in Hong Kong and Macao,or the juridical persons,associations or other institutions mainly composed of the members of residents,juridical persons,associations or other institutions in Hong Kong or Macao.
When entrusted by others to publish election or recall advertisement in newspapers,magazines, broadcast TV enterprises,Internet service providers or other public media,it shall be verified whether the entrusting party falls under the circumstances of the preceding subparagraphs, and the entrusting party shall be asked to issue a certificate stating that it does not fall under the circumstances of the preceding subparagraph,which shall be kept by the public media.
Article 47-2
Newspapers,magazines,broadcast TV enterprises,Internet service providers or other public media shall keep a complete record of the advertisement commissioned to be broadcast,the audience and conditions set for the broadcast, and the certificate in Paragraph Two of the preceding article;such records shall be kept for a period of four years from the time the advertisements are broadcast.
The matters to be contained in the records described in the preceding paragraphtheir contents and other matters to be complied with shall be determined by the Central Election Commission.
Article 47-3
From the day when the public notice for election is issued or when the established recall is declared on the day before the polling day,if the person planning to participate in campaign,the candidate,the person being recalled,or the leading proposer of recall is aware of the publication on broadcast TV enterprises or the Internet of deepfakes of himself or herself,he or she may apply to the police for identification by completing an application form and paying a fee.
The term deepfakes as mentioned in the preceding paragraph refers to a form of technical expression that uses computer-generated or other technological methods to produce false words and actions that are sufficient to mislead others into believing that they are true.
If the person planning to participate in campaign,the candidate,the person being recalled, or the leading proposer of recall finds that the sound or video identified by the police in Paragraph One is a deepfake,he or she shall submit the identification application and a written request shall be made to the broadcast TV enterprise,Internet platform provider or Internet application service provider to handle the audio and video broadcast in accordance with the provisions of Paragraph Four and to inform the Central Election Commission.Within two days from the date of receipt of the preceding request,the broadcast TV enterprise,Internet platform provider or Internet application service provider shall comply with the following provisions:
1.Broadcast TV enterprises:Stop broadcasting the audio and video.
2.Internet platform provider,Internet application service provider:Restrict browsing,remove or take down the sound or image.
The broadcast TV enterprise,Internet platform provider or Internet application service provider shall,within six months from the date of receipt of the request referred to in Paragraph Three, retain the electronic records or webpage data of the sound and video broadcast,as well as the data of the entrusted broadcasters and the data of the Internet usage records;in the event of litigation, the retention should be extended to three months after the judgment is confirmed.
Regulations on the eligibility,procedures,formats and fees of documents and audio-visual files for application for identification,contents of identification materials issued by the police agency,and other related matters referred to in Paragraph One shall be prescribed by the Ministry of the Interior.
Article 48
The candidate,the leading proposer of recall,the person being recalled shall personally sign the election and recall promotional literatures published in text and pictures;during the period of an election or recall campaign,a political party may print and distribute promotional literatures in text and pictures for the candidates recommended by it or for the proposer of recall or person being recalled belonging to it,and the name of the political party shall be marked on the literatures; if two or more political parties jointly recommend one group of candidates,the literatures shall be marked with the names of all the political parties. The promotional literature shall only be pasted in the candidates' campaign offices and the offices of the political party(political parties) and onto the propaganda vehicles.
Propaganda materials in the preceding paragraph that are printed before the period of election and recall activities or recall and are intended to be distributed after the period of election and recall activities starts are deemed to be printed during the period of election and recall activities.
Any of the political parties and persons who hang or erect any of the advertising articles for campaign or recall such as slogans,signboards,flags or strips shall be named and shall not hang or erect those on roads and bridges,in parks, government agencies (institutions),schools or other public facilities and the pertinent land in use.However,this shall not apply to the places announced by the municipal or county (city) government for use by the candidate,the proposer of recall,the person being recalled,recommended candidate or the political party to which the proposer of recall or person being recalled belongs.
The places announced by the municipal or county (city) government shall be available evenly and reasonably;the regulations governing the use and management of such places shall be prescribed by the municipal or county(city) government.
The hanging or erection of advertising articles may not encumber the public safety or the traffic order,and such articles shall be cleared by the candidates themselves within seven days after the polling day;otherwise,the violation case will be handled in accordance with relevant laws and regulations.
The competent authority(unit) of the municipal or county(city) government shall be notified by the Central Election Commission to handle the cases violating the propaganda literature posted or advertising articles hung or erected referred to in Paragraph One or Three in accordance with the regulations.
Article 49
TThe sayings of the candidates or their electioneering personnel for campaign and the sayings of the proposer of recall,the person being recalled and persons helping recall activities may not conform to any of the following circumstances:
1.Instigating others to commit the crime of insurrection or the crime relating to foreign aggression.
2.Instigating others to destroy the social order by insurrection.
3.Offending against any other crime prescribed in criminal laws.
Article 50
None of the political parties or persons may conform to any of the following circumstances:
1.Public ampaign,electioneering or recall activities before 7:00 am or after 10:00 pm each day during the period of election and recall activities.However,this shall not apply to activities which may not hinder the life of residents or the social peace.
2.Campaign, electioneering or recall activities on the polling day.
3.Hindering the campaign or recall activities of other political parties or candidates.
4.Inviting foreigners or residents of China,Hong Kong or Macau to perform the behaviors prescribed in the Subparagraphs of Article 45.However this does not apply if the invited person is a candidate,spouse of the person being recalled, person joining stage performance or campaign in person in Subparagraph 2 of Article 45 and non-speakers participating in parades or requests for ballots in Subparagraph 7 of Article 45.
Article 51
Any of the political parties or persons may not make noise as using the speakers for campaign or recall activities.The violators shall be handled by the competent authority of environmental protection or police agencies in accordance with the relevant statutes.
Article 52
Any of the political parties or persons shall specify the unit and the host in charge of the survey,implementing time,sampling method, matrix and sample size,error and budget source regarding the publicization of the data relating to candidates and the person being recalled or election and recall survey from the day when the public notice for election is issued or when the established recall is declared until ten days before the polling day.
No publication,report,spread,commentary or quotation of election and recall materials that do not contain the above-mentioned items and other information with the appearance of a public opinion poll shall be allowed during the period mentioned in the preceding paragraph.However,this does not apply to political parties,candidates,proposers of recall,persons being recalled unless the person has made his or her own assessment.
Any of the political parties or persons may not publicize the data mentioned in the preceding two paragraphs in any manner until ten days before the polling day to the time when the voting time expires and may not report,spread,comment or quote such information.