Chapter 3 Election
Section 6 Voting and Ballot Counting
For the election of President and Vice President, polling stations shall be established in government agencies (institutions), schools, public places or other appropriate places depending on the distribution of electors.
The locations of polling stations should be equipped with barrier-free facilities. If there weren't such choices, the stations should use relating auxiliary equipment or tools to assist those physically-challenged to cast their ballots. The election commission should appropriately increase the number of work force to actively help those physically-challenged people according to the status of barrier-free situation in the stations.
Except the electors, electors' children under the age of 6 and a family member or accompanying person prescribed in Paragraph Four of Article 14, anyone who does not wear the card issued by the election commission of specific levels may not enter the polling stations. However, this is not applicable to the prosecutors who need to enter the polling stations for performing duty according to law.
After the voting is finished, a polling station shall be immediately transformed into a ballot counting station, and the ballots shall be counted in public. After the ballot counting is finished, the chief administrator and the chief supervisor shall announce the result according to the report form of voting and ballot counting and paste it at the gate of the ballot counting station, and shall sign on the spot the duplicates of the report form of voting and ballot counting of the same content, and hand them to the political parties recommending the candidates or the representatives designated by the candidates registered by way of joint signature; each political party or representative shall receive one copy only.
After the voting and ballot counting is finished, the chief administrator of the polling/ballot counting station shall, jointly with the chief supervisor, pack and seal the ballots divided into residual ballots, valid ballots and invalid ballots as well as the list of electors, sign or seal at the sealing, and transfer them to the municipal or county (city) election commission through the township (city/district) office for safekeeping.
The ballots referred to in the preceding Paragraph may not be unpacked except it is necessary to do so for the prosecutors or the court to perform duty according to law. The electors or candidates may apply to the municipal or county (city) election commission for reading the list of electors within 10 days commencing from the day after the polling day. A candidate may commission another person to read the list by power of attorney on the spot, and whether the electors, candidates or commissioned persons shall produce the ID card to read the list. However, an elector may only read the list of electors in the polling station where he/she votes.
The ballots and the list of electors referred to in Paragraph Five shall be kept for the period prescribed below after the ballot counting is finished:
1. The residual ballots shall be kept for 1 month.
2. The valid ballots and the invalid ballots shall be kept for 6 months.
3. The list of electors shall be kept for 6 months.
If any lawsuit is raised, the safekeeping period of the part relating to the lawsuit shall be prolonged to three months after the judgement is determined.
In a polling or ballot counting station shall be set a chief administrator and several administrators, assumed by the persons appointed by the municipal or county (city) election commission to handle the polling and ballot counting affairs.
The chief administrator and administrators referred to in the preceding Paragraph may be selected based on the recommendation of the government agencies of specific levels and the public schools, and the selected personnel of the government agencies or the teaching staff of the schools may not refuse the appointment.
The municipal or county (city) election commission shall request the local police to dispatch policemen to safeguard the polling or ballot counting stations.
Each poll and each ballot opening station shall have one chief inspector and several inspectors to inspect the casting and opening of ballots.
The inspectors mentioned in the preceding Paragraph shall be recommended by each ticket of candidates and submitted to Election Commission for screening and appointment; however, this recommending right of a party recommended candidate shall be exercised only by that political party. If a same group of candidates is recommended for two or more political parties, it regards counting as a political party. And the letter of recommendation list these political parities in order of priority charges affair of recommendation.
The chief inspector and the vacant inspectors shall be designated by the municipal or county (city) election commission from the following persons:
1. Local impartial individual.
2. Staff of government agencies (institutions), associations and schools.
3. Major students in colleges and universities.
The regulations governing the qualification requirements, recommendation procedure and services of the inspectors shall be prescribed by the Central Election Commission.
The staff of the polling/ballot counting stations shall attend the lectures held by the election commissions.
The commissioners, supervisors, and clerk of the election commissions of specific levels, the personnel handling election affairs in township (city/district) offices, and the staff of polling/ballot counting stations, who die, get disabled or injured on duty, may apply for compensation according to the relevant provisions on the corresponding positions.
For those who cannot apply for compensation according to the provision of the preceding Paragraph, the compensation will be paid by the Central Election Commission. The regulation for the object, amount base, procedures of dispensing compensation and other related matters shall be prescribed by the Central Election Commission.
The ballots shall be printed, distributed and applied by the municipal and county (city) election commissions. On the ballots there shall be the S/N, name, way of registration, and photos of each group of the candidates for President and Vice President. For the candidates recommended by a political party, the ballots shall also be printed with the name of each recommending political party plus "Recommendation" in the "way of registration" column; if two or more political parties jointly recommend a same group of the candidates, the political party names shall be printed according to the sequence in the letter of recommendation; for the candidates registered by way of joint signature, the "way of registration" column shall be filled in "Joint signature".
The ballots referred to in the preceding Paragraph shall be printed by the municipal and county (city) election commissions in the format prescribed by the Central Election Commission and under the on-site supervision of the supervisors, and shall be handed to the chief administrator of each polling station 1 day before polling day. The chief administrator shall count and check the ballots received jointly with the chief supervisor in public.
To take a vote, an elector shall use the tool prepared by the election commissions to check a group of candidates by marking a circle in the "select" column.
After checking the candidates, the elector may not show the ballot to others.
The tool referred to in Paragraph One shall be fabricated by the municipal and county (city) election commissions in the format prescribed by the Central Election Commission.
Under any of the following circumstances, a ballot shall be regarded as invalid:
1. Where the ballot is not fabricated and distributed by the election commission.
2. Where the ballot is not marked for a group only according to the provision of Paragraph One of the preceding Article.
3. Where the marking of the circle can not be identified that which group is selected.
4. Where the marking is altered.
5. Where the ballot is signed, stamped with a seal, pressed by a fingerprint or added by any text or sign.
6. Where the ballot is torn leading to incompleteness.
7. Where the ballot is contaminated so that it can not be identified that which group is selected.
8. Where the tool prepared by the election commission is not used.
The invalid ballot referred to in the preceding Paragraph shall be recognized by the chief administrator of the ballot counting station jointly with the chief supervisor; if any dispute arises, it shall be decided by all the supervisors by vote. If the number of positive votes is equal to that of negative votes, the ballot shall be regarded as valid.
This Article amended on December 20 2007 was enforced on the date of promulgation which shall not apply to the provisions of Article 115.
The chief administrator shall, jointly with the chief supervisor, drive out anyone who conducts any of the following in the polling station or ballot counting station: 1. Make noise or disturb or induce others to vote or not to vote, and do not obey the persuasion. 2. Carry weapons or hazardous goods into the station. 3. During voting, wear or mark the flags, badges, articles or clothing of political parties, political groups, candidates, and do not obey the persuasion. 4. Disturb the staff of polling stations to ballot counting or obstruct others to visit, and do not obey the persuasion.
5. Commit any other misconduct and do not obey the persuasion.
When driving out an elector who commits any of the misconducts prescribed in the preceding Paragraph, the ballot held by the elector shall be called back and the fact shall be recorded under the name of the elector in the list of electors. In case of severe circumstances, it shall be reported to the election commission.
Except for performing official duties, anyone shall not carry mobile phones or any other photography equipment into the polling stations. However, this restriction shall not apply to mobile devices that have been powered off.
Anyone shall not detect the contents of the ballot marked by any elector via any photography equipment in the polling stations.
If the voting or ballot counting can not be carried out due to natural disaster or Force Majeure, the chief administrator of the polling/ballot counting station shall make a report to the Central Election Commission through the municipal or county (city) election commission for approval, so as to determine another day or place of voting or ballot counting.