Chapter 5. Political Party Punishments, Dissolutions, and Mergers
Should doubts or concerns arise regarding a political party’s disciplinary actions, name, abbreviation, or emblem or other related matters such that a review is deemed necessary, the competent authority shall hire just persons to form a committee to handle such matters.
For the aforementioned committee, no more than one-third (1/3) of the members may belong to the same political party, and no less than one third (1/3) of the members may belong to the same gender.
The competent authority shall provide relevant evidence for the Judicial Yuan Constitutional Court to render judgment that a political party must dissolve pursuant to Article 5, Paragraph 5 of the Amended Articles of the Constitution of the R.O.C.
Records shall be abolished if political parties are subject to any of the following conditions:
1. Failure to convene a representative assembly or party congress for four consecutive years and continued failure to do so even when the competent authority issues a reminder requiring the political party to convene a representative assembly or party congress before a prescribed deadline
2. Failure to comply with relevant laws and regulations governing the nomination of candidates to campaign for election to public office for four consecutive years
3. Failure to complete legal person registration within one year after filing
A political party may dissolve or merge with another political party via a resolution of its representative assembly or party congress.
Political parties shall file notice with the competent authority within thirty (30) days after dissolution.
Political parties that merge with other political parties to form a new political party shall follow the provisions prescribed in Article 7, Paragraph 1, and the rights and obligations of the original political parties shall be borne by the new political party. The rights and obligations of the political party that has been dissolved because of the merger shall be borne by the surviving political party in accordance with the provisions prescribed in Article 10.
The competent authority shall publicly announce filings for the dissolution or abolishment of a political party. Political parties that have also completed legal person registration, shall petition the court to register the dissolution.
Political parties declared dissolved by the Judicial Yuan Constitutional Court shall terminate all operations starting from the day that the judgment is made; such political parties may not set up replacement organizations featuring identical aims and goals.
Political parties that have been declared dissolved as described in the preceding paragraph may not re-establish a political party or engage in activities under the same name or abbreviated name.
Members of political parties that have been dissolved or abolished shall lose eligibility of the selected Legislators-at-Large and Legislators Residing Overseas in National Legislative Elections according to ratios prescribed by the political parties from the effective date of the judgment of the Constitutional Court of the Judicial Yuan or from the date of the Competent Authority’s announcement of dissolution. This provision does not apply to political parties that have dissolved due to mergers.
For political parties that have merged, eligibility of the selected Legislators-at-Large and Legislators Residing Overseas in National Legislative Elections according to ratios prescribed by the political parties remains unaffected. Vacant posts shall be filled in order in accordance with the list of candidates prepared by the political parties that the original post holders were the members of prior to the merger.
Individual political parties involved in a party merger who themselves fail to attain at least three percent (3%) of the votes as prescribed in Article 22, Paragraph 1 will not be eligible for a subsidy even if the combined votes of the political parties satisfy this requirement.
Property liquidation for political parties that have been dissolved or abolished and those that have not completed their legal person registrations shall be performed in accordance with said political parties’ party charter or resolutions made by said parties’ representative assembly or party congress. If a party’s charter does not contain such provisions and that party’s representative assembly or party congress cannot be convened, the competent authority may elect and assign a liquidator to handle the matter pursuant to the liquidation provisions of the Civil Act.
Any surplus that remains after political party liquidation shall belong to the national treasury.