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Laws & Regulations Database of The Republic of China (Taiwan)

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Title: Public officials Election And Recall Act CH
Amended Date: 2023-06-09
Category: Ministry of the Interior(內政部)
Chapter 1 General Principles
Article 1
The election and recall of public officials shall be governed by the Act.
Article 2
“Public officials” called in this Act refers to the following personnel:
1.Central public officials:members of the Legislative Yuan.
2.Local public officials:municipal councilors, county(city) councilors,representatives of township(city) congresses,representatives of mountain indigenous district(hereinafter referred to as indigenous district) congresses,governors of municipalities(municipal mayors),governors of counties(cities),chiefs of townships (cities),chiefs of indigenous districts and chiefs of villages(boroughs).
Article 3
The election of public officials shall be implemented by way of common,fair,direct and secret vote.
The national integrated election and overseas election of central public officials shall be implemented in the proportion of political parties.
The recall of public officials shall be decided by the electors in the original electoral district by way of secret vote.
Article 4
The age and period of residence of electors and candidates shall be calculated up to the day before the polling day based on the household registration data,unless otherwise prescribed.
The calculation of the period of residence referred to in the preceding paragraph shall commence from the day when applying for household registration of immigration.
In case of re-voting,the calculation shall be made according to the original polling day all the same.
Article 5
In this Act,the calculation of the periods of election and recall shall be made in accordance with the provisions of the Administrative Procedure Code,unless otherwise prescribed.Nonetheless,if the last day of such a period is Saturday,Sunday,National Holiday,or other rest day, the period shall not be prolonged,unless the administrative organs stop working due to natural disaster.
In this Act,the day a given number of days before the polling day refers to the day counted backwards the given number from the day before the polling day;the day a given number of days after the polling day refers to the day counted forwards the given number from the day next to the polling day;and the terminating day of the period a given number days before the polling day refers to the day counted the given number backwards from the day before the polling day.
Where an application for election or recall is filed with the government agency of election by post,the date of application shall refer to the day when the government agency receives the application.
Article 5-1
The day of the election and recall of public officials shall be a holiday.
Chapter 2 Government Agencies of Election and Recall
Article 6
An election commission shall be established in the central government and in each municipality or county(city) to handle the election and recall of public officials.
Article 7
The Central Election Commission shall be in charge of the election and recall of members of the Legislative Yuan,municipal councilors, the governors of municipalities(municipal mayors), county(city) councilors and governors of counties (cities) and direct and supervise each of each municipal or county(city) election commission.
The election and recall of representatives and chiefs of indigenous districts shall be implemented by the municipal election commission;the election of representatives of township(city) congresses and chiefs of townships(cities) shall be implemented by the county election commission.
The election and recall of chiefs of villages (boroughs) shall be implemented by the governing municipal or county(city) election commission.
The election and recall referred to in the preceding two Paragraphs shall be implemented by the municipal and county(city) election commissions and supervised by the Central Election Commission.
During the period of election and recall,municipal or county(city) election commissions shall establish offices regarding election affairs in the townships(cities/districts).
Article 8
(deleted)
Article 9
(deleted)
Article 10
During the period of election or recall,the election commissions of specific levels may call the staff of the governments of specific levels to handle the relevant affairs.
Article 11
The election commissions of specific levels shall undertake the following matters respectively and separately:
1.Issuance of public notice for election and recall.
2.Procedure and plan of election and recall affairs.
3.Examination of candidates'qualifications.
4.Planning of election and recall propaganda.
5.Supervision and inspection of election and recall.
6.Establishment and administration of polling stations and ballot counting stations.
7.Examination of the result of election or recall.
8.Fabrication and issuance of electees' certificates.
9.Prescribing the measures governing the campaign propaganda activities of the political parties via TV and other media tools.
10.Other matters regarding election and recall.
The municipal and county(city) election commissions shall direct and supervise the township (city/district) offices to handle the following affairs regarding the election and recall of public officials:
1.Implementation of the publication of the list of electors for the public to read.
2.Implementation of the establishment and administration of polling stations and ballot counting stations.
3.Selection of the personnel of polling stations and ballot counting stations.
4.Distribution of the ballots for election and recall.
5.Distribution of the election bulletin and the notice of voting.
6.Propaganda of the laws and regulations regarding election and recall.
7.Implementation of other matters regarding election and recall.
Article 12
The election and recall of public officials shall be supervised by members of the Central Election Commission and members of the supervision group of the municipal or county(city) election commissions.
Regulations governing the election commissions at all levels performing the duty of supervision shall be prescribed by the Central Election Commission.
Article 13
The Central Government shall budget the overall annual ordinary expenditures of the election commissions of specific levels. As for the required expenditures for implementing election and recall, the Central Government shall budget the expenses of election and recall of members of Legislative Yuan; the corresponding municipal government shall budget the expenses of election and recall of municipal councilors and the municipal mayor;the corresponding county(city) government shall budget the expenses of election and recall of county(city) councilors and the governor of a county(city); the corresponding township(city) government shall budget the expenses of election and recall of representatives of a township (city) congress,the chief of a township(city) and chiefs of the villages (boroughs) in a township(city);the corresponding Indigenous district government shall budget the expenses of election and recall of representatives and the chief of Indigenous districts;the corresponding municipal or city government shall budget the expenses of election and recall of chiefs of boroughs in a municipality or city;however,the corresponding Indigenous district government shall budget the expenses of election and recall of chiefs of boroughs.
Chapter 3 Election and Recall
Section 1 Electors
Article 14
Any citizen of the ROC reaching twenty years of age shall have the right of suffrage.
Article 15
A person having the right of suffrage who has been living in an electoral district for not less than four consecutive months is an elector in the electoral district for the election of public officials.
The period of residence referred to in the preceding paragraph shall be calculated in respect of the whole administrative region even if the region is divided into several electoral districts.However,anyone who immigrates into an electoral district after the public notice for election is issued has no right of suffrage and voting.
Article 16
For the election of the indigenous public officials,the electors shall be the persons who are indigenous peoples with the right of suffrage and meet the qualification requirements prescribed in the preceding article.
Article 17
An elector shall vote at the polling station at the place of domicile unless otherwise prescribed.
The staff of polling stations may vote at the polling station at the place of domicile or at the place of work.However,they may vote at the polling station at the place of work only if the place of domicile and the place of work are located in the same municipality or county(city).
Article 18
To take a vote, an elector shall receive a ballot by his / her ID card.
To receive the ballot,an elector shall sign,seal or press a fingerprint on the list of electors.If an elector presses a fingerprint on the list of electors,the fingerprint shall be accompanied by the seal of an administrator and a supervisor as proof.Anyone may not receive the ballot if his/her name is not listed in the list of electors or if his/her name is not identical to the name listed.However,if it is obvious that the inconformity between the name listed in the list of electors and the name recorded on the ID card is caused by clerical error,or naming after husband’s surname or recovery the original surname due to marriage or divorce,the person shall be approved to receive the ballot after it is confirmed by the chief administrator jointly with the chief supervisor.
After having received the ballot,the electors shall mark the ballot and vote by themselves.However,if an elector cannot vote by himself/herself due to disability but can express his/her will,a family member or accompanying person may accompany at the request of the elector and provide assistance or vote on behalf according to the will of the elector.In absence of a family member or accompanying person,an administrator and a supervisor may provide assistance or vote on behalf according to the will and at the request of the elector.
The preventive regulations shall be prescribed to prevent the repeated voting or the personation for receiving a ballot;the measures shall be prescribed by the Central Election Commission.
Article 19
The electors shall arrive at the polling stations within the specified time limit to vote,and may not enter the polling stations out of time.However,if an elector has arrived at the polling station within the specified time limit but has not voted yet,he/she still may vote.
The electors shall enter the polling station for voting only once and may not return to vote again as for the election or recall of two or more kinds of public officials,the election or recall of public officials and of the President,Vice President and referendum held on the same day at the same polling station.
Section 2 List of Electors
Article 20
TThe list of electors shall be compiled by the township(city/district) government agency of household registration according to the household registration data and include such information as S/N,name,sex/gender,date of birth and address of domicile.All those who have their household data registered by the twentieth day before the polling day and thus enjoy the qualification of elector according to relevant provisions shall be listed, and the electors who migrate after the twentieth day before the polling day shall exercise all their rights of suffrage at the polling station at the location of original domicile.
The identification of the indigenous electors in the list of indigenous electors shall conform to the household registration data;the list of indigenous electors shall be compiled by the corresponding agency of household registration in accordance with the provisions of the preceding paragraph.
After being compiled,the list of electors shall only be used by the election commissions,township(city/district) offices and government agencies of household registration according to the provisions of this Act,and may not be provided to any external parties by transcription,copying,photography,recording or any other means.
Article 21
If the voting is held at the same time for two or more kinds of public officials,the list of electors may be compiled separately or collectively for the elections depending on the actual requirements.
Article 22
After the list of electors is compiled,the government agencies of household registration shall submit it to the municipal or county(city) election commissions through the township(city/district) offices for examination,and the township (city/district) offices shall display it publicly and give a public notice for the elector to read it on site.If an elector finds any error or pretermission in the list,he/she may apply for correction within the period of reading.
For the reading in the preceding paragraph,he elector shall present his or her national identity card,and the reading shall be limited to himself or herself and the persons in the household.
Article 23
After the time for public reading expires,the township(city/district) offices shall send the original list and the applications for correction to the government agencies of household registration for examination and correction.
After the process of announcement and correction,the list of electors shall be determined,and the municipal and county(city) election commissions shall publicize the number of electors through public notice.
Section 3 Candidates
Article 24
An elector who has completed his/her twenty-third year of age may apply for being registered as the candidate for public officials in the electoral district where he exercises his/her right of suffrage.However,a candidate for the governor of a municipality or a county(city) shall have completed his/her thirtieth year of age,and a candidate for the chief of a township(city) or an indigenous district shall have completed his/her twenty-sixth year of age.
An elector who has completed his/her twenty-third year of age may be registered by a political party legally established as the candidate for the national integrated election and for the overseas election of central public officials.
A citizen of the ROC living in a foreign country, who has completed his/her twenty-third year of age and has not set his/her domicile in the ROC or has migrated his/her domicile to a foreign country for 8 consecutive years,may be registered by a political party legally established as the candidate for the national integrated election and for the overseas election of central public officials.
The political party referred to in the two proceeding Paragraphs shall conform to one of the following provisions:
1.The total votes attained the recent election of President and Vice-President by the recommended candidates have achieved 2% and more of the total valid votes in the election.As for the same candidates of President and Vice-President recommended by two or more parties,the votes attained shall be divided by the number of the recommending parties.
2.The votes attained has totaled 2 % and more in the recent 3 times of the national integrated election and the overseas election of central public officials.
3.The current members of the Legislative Yuan total 5 and more; the deposit of the public officials and the list of central public officials are submitted for applying for the candidate registration.
4.The candidates for the regional election and the indigenous election of central public officials recommended by the party achieve 10 or more persons who are qualified through the examination of the Central Election Commission.
The calculation of the eight-year period as referred to in Paragraph 3 shall commence from the day when the migration of domicile is registered.
The candidates for the national integrated election and the overseas election of central public officials registered by a political party shall be members of the political party,and a letter of consent shall be produced by the candidates for the registration.The list of candidates shall be made in written form and in certain sequence.
Anyone who has restored the ROC nationality for three years or has acquired the ROC nationality by naturalization for 10 years may be registered as a candidate in accordance with the provision of Paragraphs One to Three.
The period expiring three years or ten years referred to in the preceding paragraph shall be calculated up to one day before the polling day.
Article 25
If election is held at the same time for two or more kinds of public officials,a person may apply for being registered as the candidate for one kind only The registration of candidates for two kinds shall be invalid.
Where a person is qualified for the candidates for two or more kinds of public officials,the registration shall be limited to one kind.The registration of candidates for two kinds will be invalid.
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 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;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 of Presidential and Vice Presidential 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 mended 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
Any of the following persons shall not apply for being registered as a candidate:
1.Soldiers in active service .
2.Active male soldiers under replacement duty.
3.Students in military schools.
4.The commissioners,supervisors and staff of the election commissions of specific levels,the personnel handling election affairs in the township(city/district) offices,and the staff of polling stations and ballot counting stations.
5.Those shall not be registered as candidates in accordance with other prescribed laws.
If the soldier referred to in Subparagraph 1 is mustered from reserves or militia,or has not enrolled in the army,or is mustered for education, service or drilling,he/she shall be exempted from the restriction.Any of active male soldiers referred to in Subparagraph 2 who is mustered for service after the duty is due shall be deemed as the same.
Where the electee resigns after accession or is sentenced under any of the provisions prescribed in Subparagraphs 2 and 3 of Paragraph One of Article 120 to be an invalid electee,he/she may not apply to be registered as a candidate for the corresponding by-election of public officials.
Article 28
A political party legally established may recommend candidates to participate in the election of public officials.A candidate recommended by a political party shall be a member of the political party involved,and shall submit a letter of recommendation stamped with the political party's seal granted by the central competent authority to the election commission for registration within the time limit for registration of candidates.
The letter of recommendation referred to in the preceding paragraph shall be submitted to the election commission handling the registration when applying to be registered as a candidate.One candidate shall be recommended by only one political party,submission of two or more political party recommendation letters at the same time or successively shall be deemed as giving up the political party recommendation.No application with the letter of recommendation submitted after the deadline for registration will be accepted.
Article 29
After the list of the candidates is publicized through public notice,if it is found that the candidate conforms to any of the following circumstances before the public notice is issued or before polling,the 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 provisions of Article 121 shall be raised:
1.Where the candidate does not meet the qualification requirement set forth in Paragraphs One to Three and Seven of Article 24.
2.Where the candidate conforms to any of the circumstances prescribed in Article 26 or Paragraphs One and Three of Article 27.
3.Where the candidate may not be registered as the candidate according to the provisions of Paragraph One of Article 92.
After the list of the candidates for the national integrated election and the overseas election of central public officials is publicized through public notice,if one of the following circumstances is found before the public notice is issued or before polling the 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 provisions of Article 121 shall be raised:
1.Where the candidate does not conform to the provisions set forth in Paragraph Four of Article 24.
2.Where the candidate’s political party is dissolved or abolished.However,this does not apply to those parties who are dissolved due to fusion.
Article 30
Within the period from the deadline for registration of candidates to the day before voting,if any of the candidates for the regional election of central public officials and governor of a municipality and county (city) dies,the election commission shall publicize to stop the election and specify another time for holding the reelection.
Within the period from the deadline for registration of candidates to the day before voting,if a candidate of election of public officials other than those mentioned in the preceding paragraph dies thus making the number of candidates in the electoral district not more than or less than the due quota of the electoral district,the election commission shall publicize to stop the election and specify another time for holding the reelection.
Article 31
Persons who have been registered as candidates may not relinquish the registration.
For the candidates for the regional election and the indigenous election of central public officials and the election of local public officials recommended by a political party,the political party may,before the expiration of the time limit for registration,submit an application for relinquishment of recommendation stamped with the political party's seal granted by the central competent authority to the election commission originally handling the registration,to relinquish the recommendation.Application filed after the time limit expires will not be accepted.
For the list of candidates for the national integrated election and the overseas election of central public officials registered by a political party,the political party may,before expiration of the time limit for registration,submit an application for relinquishment or replacement of registration stamped with the political party's seal granted by the central competent authority to the election commission originally handling the registration,to relinquish or replace the registration.The replacement of the list of candidates includes alteration of the number of candidates,change of any candidate and adjustment of the sequence;if a candidate is newly added in the list,the political party shall submit the required documents and pay the deposit according to the relevant provisions.
If a person who has been registered as a candidate migrates out of the electoral district or has his/her domicile moved after the time limit for registration expires,it shall not affect his/her qualification as a candidate,and the person shall also exercise his/her right of suffrage at the polling station at the location of original domicile.
Article 32
When being registered as a candidate,a person shall pay the deposit,and the amount shall be publicized by the election commission in advance.
The deposit payable by the candidates for the national integrated election and the overseas election of central public officials shall be paid by the political party registering the candidates according to the number of registered candidates pursuant to the amount specified.
The payment shall be paid by cash,promissory note issued by financial institutions,certified check or Giro business check;the cash shall not be paid by coinage.
The deposit shall be returned within thirty days after the public notice of the list of electees is issued.However,it will not be returned under any of the following circumstances:
1.Where the candidate registration is invalid in accordance with Article 25.
2.Where the candidate for the national integrated election and the overseas election of central public officials is not elected.
3.Where the votes gained by the candidate not elected except for the candidates not elected referred to in the preceding subparagraph fails to achieve 10% of the quotient of dividing the total electors in the electoral district by the quota to be elected.
The number of direct immigrating electors shall be deducted from the total of the electors in the electoral district referred to in Subparagraph 2 of the preceding paragraph in accordance with the provisions of Paragraph One of Article 50 in Household Registration Law.
Prior to returning the deposit referred to in Paragraph Four,the amount which shall be directly deducted according to the provision of Paragraph Two of Article 130 shall be deducted in advance;the residual will be returned if there is any.
Article 33
The candidates shall prepare the forms and the deposit set forth by the election commission to apply for registration to the election commission handling the registration within a specified time limit. Where the forms or the deposit does not conform to the provisions or the registration is not handled within the specified time limit,it will not be accepted.
Article 34
The qualification requirements of the candidates for the election of various public officials shall be examined and publicized by the election commission in charge.
For the national integrated election and the overseas election of central public officials,if it is found through examination that a candidate nominated in the list offered by the political party does not conform to the relevant provisions, the registration shall not be granted and the vacancy in the list shall be filled by the others in due order according to the backward sequence in the list.
Where the political party applying for the registration of the national integrated election and overseas election of central civil servants does not conform to the provisions prescribed in Paragraph 4 of Article 24, the registration shall be not granted.
For the regional election and the indigenous election of central public officials,and the election of local public officials,the election commission shall notify each candidate to draw lottery publicly three days before the public notice of the list of candidates is issued,so as to decide the sequence of the candidates in the determined list of candidates.However,township(city/district) offices may be designated to implement the lottery for determining the sequence of the candidates for representatives of township(city) congresses, representatives of the indigenous districts,chiefs of townships(cities),chiefs of indigenous districts,and chiefs of villages(boroughs).
The lottery for determining the sequence of the candidates as referred to in the preceding paragraph shall be conducted under the on-site supervision of the supervisors. If a candidate fails to arrive at the spot to draw the lottery personally,the lottery may be drawn by the agent holding the commission letter of the corresponding candidates.Where the candidate neither draws lottery personally nor commissions an agent to draw the lottery for the candidate does not draw the lottery after being called for three times despite being present,the handling government agency shall draw the lottery on behalf of the candidate.
The sequence of the political parties announced in the list of candidates for the national integrated election and the overseas of central public officials shall be determined by the lottery conducted by the Central Commission three days before the public notice of the list of candidates is issued.
For the lottery of the political parties in the preceding paragraph,an agent designed by a political party shall be present to draw the lottery. Where a political party does not designate an agent or the designated agent fails to draw the lottery in person or the agent does not draw the lottery after being called for three times despite being present, the handing government agency shall draw the lottery on behalf of the political party.
Section 4 Electoral Districts
Article 35
For the election of central public officials,the electoral districts shall be determined pursuant to the following provisions:
1.Where the members of the Legislative Yuan are to be elected from the municipalities and counties(cities),the counties(cities) with quota of one member shall employ the administrative regions as the electoral districts,and the municipalities and counties(cities) with quota of two or more members shall employ the number of the quota to divide the same electoral districts within the administrative regions.
2.Where the members of the Legislative Yuan are to be elected from the national integrated election and the overseas election, the nation shall be the electoral district.
3.Where the members of the Legislative Yuan are to be elected from the indigenous peoples in plain areas and the indigenous peoples in mountain areas,the electoral districts shall be the indigenous peoples in plain areas and the indigenous peoples in mountain areas.
The population of the quota to be elected in the electoral districts of municipalities and counties (cities) referred to in Subparagraph 1 of the preceding paragraph shall be deducted the indigenous population.
The distribution of the quota and the electoral districts for the legislators referred to in Subparagraph 1,Paragraph 1 should be based on the election of legislators. Unless otherwise provided in the regulations of the Act or other acts,the announcement of altered electoral districts for the current election of legislators should be re-organized every ten years.If there are any necessities for alteration,it has to be attended following Paragraph 3 to 5 of Article 37.
Article 36
For the election of local public officials,the electoral districts shall be determined pursuant to the following provisions:
1.For the election of municipal councilors,county (city) councilors,representatives of township(city) congresses,and representatives of Indigenous districts,the administrative regions shall be the electoral districts which are applicable.Where the elect are to be elected by indigenous people,the electoral districts shall be the areas where indigenous people reside within the administrative region and the electoral districts shall be divided into indigenous people of plains areas,indigenous people of mountain areas or the electoral districts within its administrative regions.
2.For the election of a municipal mayor, governor of a county(city),chief of a township(city),chief of an indigenous district,and chief of a village (borough),the electoral district shall be the administrative region.
The population of the quota to be elected in the electoral districts of municipal councilors,county (city) councilors and representatives of a township (city) congress referred to in Subparagraph 1 divided in accordance with the administrative region in the preceding paragraph shall be deducted from the indigenous population when there is an indigenous candidate quota.
Article 37
The electoral districts for the election of central public officials referred to in Article 35 and the municipal councilors and the county(city) councilors referred to in Subparagraph 1,Paragraph One of the preceding article shall be divided by the Central Election Commission;the electoral districts for the election of the representatives of an indigenous district,the representatives of a township (city) congress referred to in Subparagraph 1,Paragraph 1 of the preceding article shall be divided by the municipal and county election commission;and all electoral districts shall be publicized when issuing the public notice for election. However,in case of alternation of any electoral district,it shall be publicized one year before the tenure of the public officials or a specified period of time expires.
The electoral districts referred to in the preceding paragraph shall be divided with consideration of the administrative regions,population distribution, geographical environment,traffic conditions, historical origins and the quota of electees.
The alteration of electoral districts for the central public officials referred to in Paragraph 1 should be based on the population of quota by the end of two years and two months before the tenure of current legislators ends,which is obtained by household investigation.The proposal of altering electoral districts should be submitted to the Legislative Yuan twenty months before the election for final consent and announcement.
The Legislative Yuan shall exercise the adoption or veto of the proposal of the electoral district alteration referred to in the preceding paragraph in the unit of a municipality or county(city).As for the veto, the Central Election Commission shall modify the proposal of the electoral district alternation through referencing the opinions of the political-party association in the Legislative Yuan concerning the municipality or county (city) vetoed and re-submit the proposal within thirty days commencing from the day when the proposal is vetoed.
The Legislative Yuan shall have had the proposal of the electoral district alteration adopted thirteen months before the tenure of members of the Legislative Yuan expires; the part of adoption of which is unfinished within the time limit shall be resolved through the negotiation of the Premier of the Executive Yuan and the President of the Legislative Yuan.
Article 37-1
For counties(cities) upgraded or other municipalities,counties(cities) merged as municipalities,the first election of municipal councilors,municipal mayors and chiefs of villages after the change into a special municipality has taken effect,the electoral districts shall be the administrative districts as indicated in the approved plan for changing into a special municipality,and the election shall be completed ten days before the day the change is to take effect.
The administrative regions of indigenous districts should be the districts or townships before the upgrade.The electoral districts of the first election of the representatives of an indigenous district and the chief of an indigenous district should be the administrative region of a district or township before the upgrade and voting should be completed ten days before the day of the upgrade.
The division of the electoral districts of municipal councilors and the representatives of an indigenous district in the preceding two paragraphs should be publicized six months before the upgrade and is not subject to the regulation in Paragraph 1 of the preceding article.
Section 5 Public Notice for Election
Article 38
The election commissions shall issue various public notices within the time limit pursuant to the following provisions:
1.The public notice for election shall state the type of election,quota of elect,division of electoral districts, date of voting,and the commencing and terminating time of voting,and shall be issued forty days before expiration of the tenure of the public officials or a specific period.However,this shall not apply to the date of public notice for the election, reelection,re-voting or by-election of members of the Legislative Yuan due to the dissolution of the Legislative Yuan ordered by the President of the ROC.
2.The public notice for registration of candidates shall be issued twenty days before the polling day, and the period of registration shall be not less than five days.However,for reelection,by-election and the election of the representatives of a township (city) congress,the representatives of an Indigenous district,the chief of a township (city),the chief of an Indigenous district and the chiefs of villages(boroughs),the period of registration shall be not less than three days.
3.The public notice of the list of electors shall be issued fifteen days before the polling day, and the period of the public notice shall be not less than three days.
4.The public notice of the list of candidates shall be issued one day before the campaign activities begin.
5.The public notice of the number of electors shall be issued three days before the polling day.
6.The public notice of the list of electees shall be issued within senven days after the polling day.
If the quota referred to in Subparagraph 1 of the preceding paragraph is calculated according to the population,the population of the householdstatistics at the end of the sixth month before the month of voting shall apply.
After the period of registration referred to in Subparagraph 2 of Paragraph 1 expires,if there is no candidate registered in an electoral district,a public notice may be issued to handle a second registration of candidates,and the period of registration shall not be less than two days.
Where any of the public notices referred to in any Subparagraph of Paragraph 1 demands the consistency nationwide,the election commissions of higher levels may directly publicize it.
Article 39
The voting for the election of public officials shall be completed ten days before the current tenure of the public officials or the specified period of time expires.However,this shall not apply to the completion date of the voting for reelection,re-voting or by-election.
The voting for the election of members of the Legislative Yuan due to the dissolution of the Legislative Yuan ordered by the President of the ROC shall be completed within sixty days commencing from the dissolution date announced by the President of the ROC.
Section 6 Election and Recall Activities
Article 40
The period of election and recall activities of public officials is prescribed below:
1.For the election of a municipal mayor,fifteen days.
2.For the election of members of the egislative Yuan,municipal councilors,county(city) councilors,the governor of a county(city),the chief of a township(city) and the chief of an Indigenous district,ten days.
3.For the election of representatives of a township (city) congress,the representatives of an Indigenous district,and the chiefs of villages (boroughs),five days.
The period referred to in preceding paragraph shall be counted backwards from one day before the polling day,and the election and recall activity hours during period shall be from 7:00am to 10:00pm every day.
Article 41
The maximum campaign fund of each kind of public officials shall be publicized by the election commission on the same day when the public notice for election is issued except for the national integrated election and overseas election of central public officials.
The maximum campaign fund referred to in the preceding paragraph shall be calculated pursuant to the following provisions:
1.For the election of members of the Legislative Yuan,municipal councilors,county(city) councilors,the representatives of a township (city) congress,and the representatives of an Indigenous district congress,the maximum shall be the sum of 70% of the total population of the electoral district divided by the quota of the elect and multiplied by the basic amount of NT$30, plus a fixed amount.
2.For the election of a municipal mayor,the governor of a county(city),the chief of an Indigenous district,and the chief of a village (borough),the maximum shall be the sum of 70% of the total population of the electoral district divided by the quota of elect and then multiplied by the basic amount of NT$20,plus a fixed amount.
The fixed amount referred to in the preceding paragraph is NT$10,000,000 for each member of the Legislative Yuan and municipal councilor, NT$6,000,000 for a county(city) councilor, NT$2,000,000 for a representative of an Indigenous district congress,NT$50,000,000 for a municipal mayor,NT$ 30,000,000 for the governor of a county (city),NT$6,000,000 for the chief of a township (city) and NT$200,000 for the chief of a village (borough).
If the maximum campaign fund has a mantissa of less than NT$1000,it shall be rounded to NT$1,000 by transfer method.
The total population in the electoral districts 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.
The number of places to be elected in the election of public officials in Subparagraph One of Paragraph Two refers to the original number of places to be elected in each of the electoral districts in the case of by-elections.
Article 42
The surplus of the campaign expenditures paid by a candidate within the maximum campaign fund prescribed in the preceding article subtracted the donations accepted and the state subsidies pursuant to Article 43 therefrom may be listed in the listing deduction quota of the annual declaration of comprehensive income tax of the very year of the polling day.
The surplus of the recall expenditures paid by the leading proposer and the person being re called within the maximum campaign fund prescribed in the preceding article subtracted the donations accepted may be listed in the listing deduction quota of the annual declaration of comprehensive income tax of the day when the declaration of recall is not established or the very year of the polling day.
The expenditures referred to in the preceding two paragraphs refer to the expenses paid for the campaign activities within thirty days from the day when the public notice for election is issued to the polling day,or from the day when the list of consignees is obtained to the day when the declaration of recall is not established,or within thirty days from the day when the list of consignees is obtained to the polling day for the established declaration of recall.
Article 43
Except for the national integrated election and the overseas election of central public officials,if there is only one electee and the vote gained by the electee reaches not less than 1/3 of the vote for being elected in the electoral district,or if there are two or more electees and one of them gains a vote of not less than 1/2 of the vote for being elected, the campaign expenses paid by the electee 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 in this electoral district.
For the vote for being elected referred to in the preceding paragraph,if there are two or more electees,the lowest vote shall apply;if the electee of the lowest vote is elected in the quota reserved for women,the lowest vote for being elected shall refer to the vote of the electee of the second lowest vote.
The election commissions shall work out the amount of the 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 candidate to prepare the receipt and receive the subsidy from the election commission within three months.
The subsidies for campaign expenses in the preceding paragraph which shall be deducted directly in accordance with the provisions prescribed in Paragraph Two of Article 130 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 97,Paragraph One of Article 99,Paragraph One of Article 101,Subparagraph 1 of Paragraph One of Article 102;or the election has been convicted invalid due to the violation of provisions of Subparagraph 3 of Paragraph One of Article 120,the election commission should,after receiving the letter of notification,notify the candidate to refund the received amount and the deducted subsidy within thirty days.If the candidate fails to refund the amount,the matter will be enforced forcibly.
For the candidates who do not receive the subsidy for campaign expenses within the specified time limit,the election commissions shall hasten them to receive it within three months; the subsidy not received within the specified period is regarded as abandonment.
The subsidies required in Paragraphs One shall be budgeted pursuant to the provisions of Article 13.
Article 44
A candidate may set campaign office(s) in the electoral district during the period of campaign. Where the set offices exceed two or more,the specific personnel shall be designated in each office by the candidate in addition to the candidate shall be in charge of the main office,and the address of each office and the name of the personnel in charge shall be registered to the election commission handling the registration.
Campaign office(s) shall not be set in any of government agencies(institutions),schools,civil associations instituted according to law or places designated frequently as polling stations and ballot counting stations and other public locations.However,this shall not apply to the offices of the political parties of specific levels.
Article 45
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 receiving the proposal for recall:
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 46
Except for the national integrated election and the overseas election of central public officials in accordance with the provisions of Article 48,the election commission shall hold a politics presentation at public expenses during the period of campaign for the election of public officials,and the candidates shall attend the meeting to present their political views.However,the meeting may be dispensed with the consent of all the candidates in the electoral district,and it may be held or not held for the election of representatives of township (city) congresses,the representatives of Indigenous district congress and the chief of villages (boroughs) depending on the actual circumstances.
The politics presentation referred to in the preceding paragraph may be held through TV or other public media.
In principle, in the politics presentation referred to in the preceding paragraph,each candidate shall have not less than 15 minutes every time to express his/her political views;the measures for number,time,procedure and other related matters of the meetings shall be prescribed by the Central Election Commission.
Article 47
The election commission shall collect the following data and the regulations regarding the election and voting to compile and print the election bulletin and may record an acoustic election bulletin:
1.For the regional election and the indigenous election of central public officials(members of the Legislative Yuan) and the election of local public officials,the sequence,picture,name,date of birth,sex/gender,birthplace,political party recommending,educational background and experiences and political views of the candidates shall be collected.
2.For the national integrated election and the overseas election of central public officials,the sequence,name and political views of the political party,and the name,date of birth,sex/gender,birthplace and educational background and experiences of the corresponding candidates recommended shall be collected.The mark of the political party shall also be included if there is one.
The educational background of undergraduates and postgraduates referred to in Subparagraphs 1 and 2 shall be limited to the schools registered or certified by the central educational administrative agencies. The candidates shall submit the certificates as they register;the educational background shall not be published where the certificate concerned is not submitted.
Length of the education background and experiences referred in Subparagraph 1 of Paragraph One shall not exceed 150 words;those indicated in Subparagraph 2 of the same paragraph shall not exceed 75 words.
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 distribution and other related matters shall be prescribed by the Central Election Commission.
The data of candidates and political parties referred to in Paragraphs One and Two shall be submitted jointly to the election commission when applying for registration.
If the content of political views referred to in Paragraph One violates the provisions prescribed in Article 55,the election commission shall notify the candidate to modify them within a specified 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 and political parties shall be responsible for the corresponding data.The personnel and political party-related data of the candidates known or proved false on duty by the Central Election Commission shall not be published in the election bulletin.As for the column of the political party recommending,the name of the political party shall be published if the candidate is recommended by the political party,and “NONE” shall be published if the candidate is not recommended by the political party.
The mark of the political party referred to in Subparagraph 2 of Paragraph One shall be limited to those registered through the central competent authority and those without the registration shall not be published.
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 48
For the national integrated election and the overseas election of central public officials,the Central Election Commission shall offer the political parties registered the expenditures at public expense for campaign activities or politics presentation through the national wireless television channels,the time of which may not be less than an hour per time and the TV station designated may not refuse such request;the measures for number,time,procedure and other related matters of the propaganda shall be prescribed by the Central Election Commission.
With the consent of more than one-third of the registered political parties,individuals or organizations may hold national wireless television debates, and the TV station shall accept them,and may apply to the Central Election Commission for financial subsidies;regulations governing the application procedures,amount of subsidy,criteria and other related matters shall be prescribed by the Central Election Commission.
Article 48-1
The Central Electoral Commission may,depending on actual needs, select the types of public officials to be elected and conduct election and party election campaign activities through TV or other public media;the measures for number,time,procedure and other related matters of the propaganda shall be prescribed by the Central Election Commission.
Article 49
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 leading proposer of recall 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 leading 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 50
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 campaign period of election or recall for public officials.
Article 51
The campaign or recall advertisement published or broadcast in/via the newspapers,magazines,broadcast TV enterprises,Internet 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 51-1
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 51-2
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 paragraph,their contents and other matters to be complied with shall be determined by the Central Election Commission.
Article 51-3
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 52
The propaganda literature printed in texts and pictures for the election or recall shall be signed by any of the political parties and persons in person.Where it pertains to a non candidate, leading proposer of recall or person being recalled the name and address shall both be specified;where it pertains to a corporate person or an association, the name of the corporate person or the association and the name and address of the corresponding representative shall both be specified.The propaganda literature shall only be posted in the campaign offices of the candidate,the offices of the political parties,the offices of recall,and the propaganda vehicles.
Propaganda materials in the preceding paragraph that are printed before the period of election and recall activities and are intended to be distributed after 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 leading proposer of recall,the person being recalled, recommended candidate or the political party to which the 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 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 53
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.
Article 54
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 55
The sayings of the candidates or their electioneering personnel for campaign and the sayings of the leading proposer of recall,the person being recalled and persons helping recall activities,representatives and the staff from the offices of recall 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 56
None of the political parties or persons may conform to any of the following circumstances:
1.Public campaign,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.
Section 7 Voting and Ballot Counting
Article 57
For the election of public officials, polling stations shall be established in government agencies (institutions),schools,public places or other appropriate places depending on the range of the electoral district and 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.
For the election of indigenous public officials, the election commission may,depending on the actual circumstances,respectively establish a polling station or hold the voting in the polling station for regional election.
Except the electors , electors' children under the age of 6 and a family member or accompanying person prescribed in Paragraph Three of Article 18, anyone who does not wear the sign issued by the election commission of specific levels may not enter the polling stations.However,this shall not apply to the prosecutors who need enter the polling stations for performing duties according to law.
After the voting is finished,a polling station shall be immediately transformed into a ballot counting station to count the ballots in public.
After the ballot counting is finished,the chief administrator and the chief supervisor of the ballot counting station shall announce the result of ballot counting in accordance with the report form of voting and ballot counting at once.In addition to pasting it at the gate of the ballot counting station,the foresaid parties shall sign their names on the duplicated copies of the report form of voting and ballot counting of the same content on the spot, and hand them to the political parties recommending the candidates and the representative designated by the candidates not recommended by political parties;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 ballots and the list of electors referred to in Paragraph Six shall be kept for the period prescribed below after the ballot counting is finished:
1.The residual ballots shall be kept for one month.
2.The valid ballots and the invalid ballots shall be kept for six months.
3.The list of electors shall be kept for six months.
If any lawsuit is raised during the safekeeping period in the preceding paragraph,the safekeeping period of the part relating to the lawsuit shall be prolonged to additional three months after the determined judgement.
Article 58
In a polling or ballot counting station shall be set a chief administrator and several administrators,assumed by the persons dispatched by the election commission to handle the polling and ballot counting affairs.
The chief administrator referred to in the preceding paragraph shall be an active civil servant or teacher and not less than one-third of the administrators referred to in the preceding paragraph shall be active public officials or teachers who are dispatched from the selection of the election commission based on the recommendation of the government agencies of specific levels and the public schools.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 agencies to dispatch policemen to safeguard the polling or ballot counting stations.
Article 59
Each poll station or ballot counting station shall have one chief supervisor and several supervisors to monitor the voting and ballot counting.Where there is only a candidate,one supervisor shall be set,or at least two supervisors shall be set in a polling station or ballot counting station.
The chief supervisor shall be an active or former civil servant or teacher who is dispatched from the selection of the election commission based on the recommendation of the government agencies of specific levels and the public schools.The selected personnel of the government agencies or the teaching staff of the schools may not refuse the appointment.
The supervisors shall be recommended in accordance with the methods below and dispatched by the election commission through examination:
1.For the election of public officials,the supervisors may be recommended in accordance with the number required by the candidates;however,for the candidates recommended by the political parties,the recommendation shall be made by the political parties involved.
2.For the election of public officials and the election of the president and the vice president held on the same day,the supervisors may be recommended in accordance with the provisions prescribed in Paragraph 2,Article 55 of Presidential and Vice Presidential Election and Recall Act.
3.For the election of central public officials, municipal mayors and governors of counties (cities) and the election of other local public officials held on the same day,the supervisors may be recommended by the candidates for central public officials, municipal mayors and governors of counties(cities) in accordance with the provisions prescribed in Subparagraph 1.
4.For the recall of public officials, the supervisors may be recommended in accordance with the number required by the leading proposer of recall and the person being recalled.
Any of the candidates,political parties,the leading proposer of recall or the person being recalled may designate the polling stations and ballot counting stations for the supervisors recommended to perform the supervision of the voting and ballot counting.If the number of the appointed supervisors exceeds the specified quota of polling stations and ballot counting stations, the supervisors shall be decided by drawing the lottery.However,supervisors in a polling station and ballot counting station may not be recommended by the same political party.
Except for one candidate, the election commission shall select and dispatch the supervisors from the following persons if the numbers of supervisors at each polling station fails to exceed two persons:
1.Local just persons.
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 supervisors shall be prescribed by the Central Election Commission.
Article 59-1
Polling and voting staff should be paid a fee,which should be adjusted according to the price level; the basis of the amount shall be set by the Central Election Commission and reported to the Executive Yuan for approval.
Article 60
The staff of the polling stations and ballot counting stations shall attend the lectures held by the election commissions.
Article 61
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 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.
Article 62
The ballots shall be printed,distributed and applied by the election commission pursuant to electoral district according to the provisions prescribed in the following Subparagraphs:
1.For the regional election and the indigenous election of central public officials and the election of local public officials,the S/N,name and photo of each candidate shall be printed on each ballot.The name of the political party shall be printed as well for a candidate recommended by the political party involved;NONE shall be printed for a candidate not recommended by the political party.
2.For the national integrated election and the overseas election of central public officials,the sequence, mark and name of the political parties shall be printed.
The mark of the political party referred to in Subparagraph 2 of the preceding paragraph shall be limited to the mark registered through the central competent authority and the unregistered mark will not be printed.
The ballots referred to in Paragraph One shall be printed by the municipal or county(city) election commission in the format and color 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.
Article 63
An elector shall use the tool prepared by the election commissions to vote through marking a circle in the "select" column of a candidate and of a political party for the national integrated election and the overseas election of central public officials.
After marking the ballot,the elector shall not show the contents of ballot to others.
The tool for marking the ballot referred to in Paragraph One shall be fabricated by the municipal or county(city) election commission in the format prescribed by the Central Election Commission.
Article 64
Under any of the following circumstances,a ballot shall be regarded as invalid:
1.Where the marking of candidate or political party exceeds one.
2.Where the ballot is not fabricated and distributed by the election commission.
3.Where the marking can not be identified that which political party or candidate it pertains to.
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 political party or candidate the marking pertains to.
8.Where the ballot is kept blank.
9.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.
Article 65
The chief administrator shall,jointly with the chief supervisor,order anyone with any of the following circumstances in the polling station or ballot counting station to leave:
1.Those who make noise or disturb or induce others to vote or not to vote,and do not obey the persuasion.
2.Those who carry weapons or hazardous articles 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.Those who commit any other misconduct and do not obey the persuasion.
Where an elector performing any of the actions referred to in the preceding paragraph and is ordered to leave,the ballot held by the elector shall be retrieved 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 with a specific letter.
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.
Article 66
When a natural disaster or force majeure prior to the polling day or on the polling and ballot counting day may have happened or predictably happen, leading to the failure of voting or ballot counting in an individual polling station and ballot counting station,the following provisions shall apply:
1.For elections at or above the county(city) level, the municipal or county(city) election commission shall report to the Central Election Commission for approval so as to determine another day for ballot counting,or the municipal or county(city) election commission shall directly change the ballot counting venue and report to the Central Election Commission for record.
2.For elections other than those mentioned in the preceding paragraph,the municipal or county (city) election commissions shall change the date or venue for ballot counting,and report to the Central Election Commission for record.
When the number of polling stations and ballot counting stations where the voting or ballot counting cannot be carried out referred to in the preceding paragraph may have totaled or predictably exceed 1/3 of the polling stations and ballot counting stations in the electoral district respectively,the election commission in charge shall directly determine another day for voting and ballot counting in the electoral district within its discretion.
The day determined for voting and ballot counting shall be publicized three days prior to the determined day.
The measures handling natural disasters or force majeure prior to the polling day or on the day for voting and ballot counting shall be prescribed by the Central Election Commission.
The period of campaigning for election may be prolonged till one day before the newly determined polling day if the election commission publicizes to determine another polling day during the period of campaigning.However,where the period between the day when the public notice of the determined polling day is publicized and the day before the newly determined polling day exceeds the original period of campaign,the period of campaign shall be recalculated in accordance with the day before the newly determined polling day.
Section 8 Results of Elections
Article 67
For the election of public officials,the candidate who gets the relatively majority vote shall be elected according to the quota of each electoral district unless otherwise prescribed;if two or more candidates get the same vote,it shall be determined by lottery.
For the national integrated election and the overseas election of central public officials,the quota of electees shall be distributed pursuant to the following provisions:
1.The vote gained by a political party divided by the total of the votes gained by all political parties is the ratio of the vote gained by each political party.
2.The integral of the product of multiplying the total quota of electees by the ratio of vote referred to in the preceding Subparagraph is the quota distributed to the political party.The candidates recommended by a political party shall be elected in accordance with the sequence in the list of candidates.
3.If there is any residual quota after distributing the quota under the preceding Subparagraph,the residual quota shall be distributed in sequence according to the size of the residual of each political party.When two residuals are the same,it shall be decided by lottery.
4.If the number of candidates registered by a political party does not exceed the allocated quota of electees distributed to a political party,it shall be regarded as a vacancy.
5.If the ratio of vote gained by a political party is less than 5%, no quota will be distributed to the political party,and its vote will not be calculated under Subparagraph 1.
6.The decimal fraction of the ratio referred to in Subparagraphs 1 to 3 and the preceding Subparagraph shall be rounded to the fourth decimal place.
The quota of women electees of each political party referred to in the preceding paragraph shall not be less than 1/2.
The quota of women electees distributed to each political party shall be distributed in accordance with the sequence of the list of candidates registered by each political party.Within the quota of women electees distributed to a political party, if the women electees determined by distributing the quota in accordance with the sequence in the list of candidates are less than the due quota of women electees,the women candidates ranking behind in sequence shall have the priority to be elected. If the number of women candidates registered by a political party in the list of candidates is less than the quota reserved for women,it shall be regarded as a vacancy.
Article 68
For the election of local public officials,if the women elect are less than the due quota,the votes of the women candidates shall be calculated separately,and those who get the comparative majority vote shall be elected;the calculation shall be conducted pursuant to the following provisions:
1.In the case of the election of municipal councilors,county(city) councilors, representatives of a township(city) congress, and representatives of an Indigenous district congress,if the result of ballot counting shows that the women elect are less than the specified quota, the votes of the women candidates not to be elected in the electoral district shall be calculated separately, and the women candidates who get the comparative majority vote shall be elected in sequence.If there are no women candidates,it will be regarded as a vacancy.
2.In the case of the election of indigenous municipal councilors to be elected by the indigenous peoples in plain areas and the indigenous peoples in mountain areas or indigenous county(city) councilors to be elected by the indigenous peoples in plain areas and the indigenous peoples in mountain areas,indigenous representatives of a township(city) congress to be elected by the indigenous peoples in plain areas,if the result of ballot counting shows that the women elect are less than the specified quota, the votes of the women candidates not to be elected in the electoral district shall be calculated separately and compared mutually,and the women candidates who get the comparative majority vote shall be elected in sequence.If there are no women candidates,it will be regarded as a vacancy.
Article 69
For the result of the regional election of central public officials,the governor of a municipality (a municipal mayor) or the governor of a county(city),if the difference between the candidates with the highest and second high number of votes or the indigenous candidates with third high and fourth high number of votes is within 0.3% of the valid ballots,the candidate with the third high or fourth high number of votes may apply for sealing all or part of the list of electors and ballots within seven days after the polling day to the court with jurisdiction prescribed in Article 126.The ballot recounting of the sealed polling station shall be completed within twenty days and the result of the ballot recounting shall be notified to the election commission in charge.The election commission in charge shall reexamine the result of election in accordance with the result of the ballot recounting certified by the court with jurisdiction within seven days.According to the result of the reexamination,if a candidate shall not be elected and it is announced that he/she is elected,the announcement shall be cancelled;if a candidate is actually elected but it is not announced,a public notice shall be given to announce the result of election.
The application for the ballot recounting referred to in the preceding paragraph may be filed by the candidate not to be elected by lottery where the candidates with highest number of votes or the indigenous candidates with the third high number of votes total tow or more.
For the application referred to in Paragraph One, the applicant shall publish the polling station of ballot recounting in written form and pay the deposit of a certain amount; the quota shall be counted by NT$3 per vote of the polling station.
The place of the ballot recounting shall be selected respectively in the corresponding municipality or county(city) by the court with jurisdiction, and the list of electors and ballots of the sealed polling station shall be recognized one by one.
The court with jurisdiction shall notify each candidate or the designated person as implementing the ballot recounting and may direct the municipal or county(city) election commission,township(city /district) offices and the staff of polling station for assistance.
If the result of ballot recounting does not alter the result of being elected or not elected,the deposit referred to in Paragraph Three will not be returned. If the result of ballot recounting does alter the result of being elected or not elected, the deposit will be returned.
Anyone who raises a lawsuit of election and seals the list of electors and ballots of sealed polling station in accordance with the provisions of Paragraph One shall not apply for ballot recounting.
The expenses required for the ballot recounting referred to in Paragraph One shall be paid by the government agency in charge of the budget prescribed in Article 13.
Article 70
f the number of candidates is not more than or less than the quota of an electoral district,the candidates who get a vote prescribed below shall be elected.However,this shall not apply to the election of chiefs of villages (boroughs):
1.For the election of regional members of the Legislative Yuan,a municipal mayor,the governor of a county(city),the chief of a township(city) and the chief of an indigenous district, not less than 20 % of the total electors in the electoral district.
2.For the election of indigenous members of the Legislative Yuan,municipal councilors,county (city) councilors,the representatives of a township(city) congress,and the representatives of an indigenous district congress,not less than 10 % of the quotient of dividing the total electors in the electoral district by the quota of the electoral district.
According to the result of election prescribed in the preceding paragraph,if nobody is elected or the elect are less than the quota,the re-voting shall be held again within three months commencing from the polling day for the election of regional members of the Legislative Yuan,a municipal mayor,the governor of a county (city),the chief of a township (city) and the chief of an indigenous district;it shall be regarded as vacancy for the election of indigenous members of the Legislative Yuan, municipal councilors,county(city) councilors,the representatives of a township(city) congress and the representatives of an indigenous district congress.If the vacancy reaches 1/2 of the quota in an electoral district,the voting of by-election shall be completed within three months commencing from the day of the occurrence of the fact.
Article 70-1
If a candidate elected in accordance with Paragraph 1 of Article 67,Article 68,or Paragraph 1 of Article 70 dies before the public notice of the list of electees is issued,the Central Election Commission shall announce that he is the elected candidate,the vacant seat shall be filled in accordance with the following provisions:
1.The voting of reelection of regional members of the Legislative Yuan,the governor of a municipality,the governor of a county(city),the chief of a township(city),the chief of an indigenous district,and the chiefs of villages (boroughs) shall be completed within three months commencing from the date of announcement.
2.It shall be regarded as vacancy for indigenous members of Legislative Yuan,municipal councilors, county(city) councilors,the representatives of a township(city) congress,and the representatives of an indigenous district congress;if the vacancy reaches 1/2 of the quota in an electoral district,a by-election shall be completed within three months commencing from the date of the announcement.
Article 71
If elect dies before accession or the judgment that one’s being elected is invalid is determined, the following provisions shall govern:
1.The voting of reelection of regional members of the Legislative Yuan,the governor of a municipality,the governor of a county (city),the chief of a township(city),the chief of an indigenous district,and the chiefs of villages (boroughs) shall be completed within three months commencing from the date of the elect’s death or the day when the election commission receives the certificate of determined judgment of the court with jurisdiction.
2.It shall be regarded as vacancy for indigenous members of Legislative Yuan,municipal councilors,county(city) councilors,the representatives of a township(city) congress, and the representatives of an indigenous district congress;if the vacancy reaches 1/2 of the quota in an electoral district,a by-election shall be completed within three months commencing from the date of the elect’s death or the day when the election commission receives the certificate of determined judgment of the court with jurisdiction.
3.Except for the written announcement to abandon the right to make up the vacancy in due order, the vacancy of candidates for the national integrated election and the overseas election of members of the Legislative Yuan shall be made up by the candidates registered by the political party according to the sequence in the list of candidates;if there is no alternate candidate in the list of candidates registered by the political party,it shall be regarded as vacancy.
If an elect of the national integrated election or the overseas election of the members of Legislative Yuan loses his/her political party membership before accession, the title of elect will be lost from the day when he/she loses the political party membership;except for the written announcement to abandon the right to make up the vacancy in due order, the corresponding vacancy shall be made up by the candidates registered by the political party according to the sequence in the list of candidates;if there is no alternate candidate in the list of candidates registered by the political party,it shall be regarded as vacancy.
If a woman elect of the national integrated election or the overseas election dies,is determined to be an invalid elect conclusively or loses her political party membership before accession,she will lose the title of elect from the day when she loses the political party membership;the corresponding vacancy,except for the written announcement to abandon the right to make up the vacancy in due order,shall be made up by the women candidates registered by the political party according to the sequence in the list of candidates;if there is no alternate woman candidate in the list of candidates registered by the political party,it shall be regarded as vacancy.
For the loss of political party membership referred to in the preceding two paragraphs, the political party to which the elect belongs shall submit a certificate on the loss of political party membership to the Central Election Commission for recordation.
For making up the vacancy of members of the Legislative Yuan prescribed in Subparagraphs 3 of Paragraph 1 and Paragraph 2 and 3,the Central Election Commission shall issue a pubic notice to publicize the list of alternate elect within fifteen days commencing from the date of elect’s death, the day when the election commission receives the certificate of determined judgment of the court with jurisdiction or the day when the certificate on the loss of political party membership arrives at the election commission.
Article 72
An electee shall come into office on the specified day.If an electee elected through reelection or re-voting fails to come into office on the specified day,the tenure of the electee concerned shall commence from the same day.
An electee referred to in the preceding paragraph shall not come into office if he is commissioned;it shall be regarded as resignation if he has come into office.
Article 73
If any of positions of central public officials becomes vacant due to death,resignation,determined judgement of an invalid electee or any other cause after accession,the following provisions shall govern:
1.For the central public officials elected in regional election,the voting of by-election shall be completed within three months commencing from the date of the electee’s death,the date of resignation or the day when the election commission receives the certificate of determined judgement of the court with jurisdiction or the day when the foresaid cause occurs.However,if the residual tenure is less than one year,no by-election shall be performed.
2.For the central public officials elected in indigenous election,if the vacancy reaches 1/2 of the quota in an electoral district,the voting of by-election shall be completed within three months commencing from the date of the electee’s death, the date of resignation or the day when the election commission receives the certificate of determined judgement of the court with jurisdiction or the day when the foresaid cause occurs.However,if the residual tenure is less than one year,no by-election shall be performed
3.For the central public officials elected in the national integrated election or the overseas election,except for the written announcement to abandon the right to make up the vacancy in due order,the vacancy shall be made up by the candidates registered by the political party according to the sequence in the list of candidates;if there is no alternate candidate in the list of candidates registered by the political party,it shall be regarded as vacancy.
If a central public official elected in the national integrated election or the overseas election of central public officials loses his/her political party membership after accession,he/she will lose the title of central public official from the day when he/she loses the political party membership,and the Central Election Commission shall send a written request to the Legislative Yuan to write off his/her name.The corresponding vacancy shall be made up by the candidates registered by the political party according to the sequence in the list of candidates;if there is no alternate candidate in the list of candidates registered by the political party,it shall be regarded as vacancy.
If any of positions of women central public officials elected in the national integrated election or the overseas election becomes vacant due to death,resignation,determined judgement of an invalid electee,loss of the political party membership or any other cause after accession and the women electees will be less than the due quota thereupon,the vacancy,except for the written announcement to abandon the right to make up the vacancy in due order,the corresponding vacancy shall be made up by the women candidates registered by the political party according to the sequence in the list of candidates;if there is no alternate woman candidate in the list of candidates registered by the political party,it shall be regarded as vacancy.
For the loss of political party membership referred to in the preceding two paragraphs,the political party to which the central public official belongs shall submit a certificate on the loss of political party membership to the Central Election Commission for recordation.
For making up the vacancy of central public officials prescribed in Subparagraph 3 of Paragraph One and Paragraphs Two and Three,the Central Election Commission shall issue a public notice to publicize the list of alternate electees within fiteen days commencing from the day when the official letter of cancellation of registration from the Legislative Yuan arrives.
Article 73-1
When the original registered political party of a candidate elected for the national integrated election and the overseas election of members of the Legislative Yuan is dissolved or abolished before or after accession,except for dissolution due to a merger,he or she shall be disqualified from the date when the judgment sentenced by the Constitutional Court of the Judicial Yuan enters into force or the date of announcement by the competent authority,and the Central Election Commission shall send a written request to the Legislative Yuan to write off his/her name.The vacant seat shall be regarded as a vacancy.
Article 74
If the fact that an electee is determined to be an invalid electee according to the judgement handed down by the court with jurisdiction leads to the alteration of the votes of candidates and affects the result of the election,the election commission in charge shall reexamine the result in accordance with the fact certified by the determined judgement of the court with jurisdiction.According to the result of the reexamination,if a candidate shall not be elected and it is announced that he/she is elected,the announcement shall be cancelled;if a candidate is actually elected but it is not announced,a public notice shall be given to announce the result of election.However,this shall not apply to the provisions of reelection or by-election for making up the vacancy.
If an electee of local representatives of a congress who participates in the respective election to obtain status of local public official,is determined to be an invalid electee in accordance with Subparagraph 3 of Paragraph One of Article 120 who had registered as the candidate during the campaign period,has been determined by a court to be invalidly elected or has resigned after a suit for invalidity has been brought,or has been convicted of a crime prescribed in Subparagraph 3 of Paragraph One of Article 120,the vacancy shall be made up according to the number of votes in sequence of the losing candidates from high to low when the judgment handed down by the court is confirmed or the resignation takes effect;however, this shall not apply to the provisions of reelection or by-election.
The number of votes of the losing candidates in the preceding paragraph shall reach half of the number of votes of the candidate with the lowest number of votes in the electoral district originally announced by the Central Election Commission.At the time of the election at which he/she was elected by replacement,he/she shall not have been convicted of a crime prescribed in Article 97,Subparagraph 1 of Paragraph One of Article 98 or the attempted offense,Paragraphs One and Two of Article 99, Paragraphs One and Two of Article 101,Subparagraph 1 of Paragraph One of Article 102 or the planned offense,Article 144 or Article 146 of the Criminal Code.
If,after the announcement of the list of replacement candidates,it is found that the replacement candidate died before the announcement or accession,was deprived of public rights where the period of deprivation has not expired,the announcement is revoked by the Central Election Commission in violation of the provisions of the preceding paragraph,or has not come into office after the announcement,the remaining vacancies shall not apply.However,this does not apply to the case where the replacement candidate has been convicted of a crime prescribed in Subparagraph 3 of Paragraph One of Article 120.
Chapter 4 (Deleted)
Section 9 Recall
Paragraph 1 To Raise a Proposal of Recall
Article 75
The electors in the original electoral district may file a proposal of recall with the election commission to recall public officials.However,no proposal of recall may be filed against a public official who has not been in the position for one year.
The provisions of recall shall not apply to the electees of the national integrated election and the overseas election of central public officials.
Article 76
To raise a proposal of recall,the electors in the original electoral district of the person being recalled shall act as the proposers,and one leading proposer of recall shall prepare a proposal of recall,an original and a duplicated copy of the statement of reasons for recall,and a copy of the list of proposers,and submit them to the election commission.
The number of proposers referred to in the preceding paragraph shall be not less than 1% of the total electors in the original electoral district,and if the calculated number has a decimal mantissa,it shall be rounded by transfer method.
The list of proposers referred to in Paragraph One shall be filled in column by column in the specified format in detail with the ID card number and address of domicile of each proposer bound into books by village (boroughs)and one proposer of recall shall be designated as the backup leading proposer of recall. The statement of reasons for recall shall be limited to 5,000 words.
In a same proposal of recall,there may not be two or more persons to be recalled.However,if there are two or more proposals of recall,the voting may be carried out at the same time.
If the documents of a proposal of recall do not meet the provisions of the preceding paragraph 1,3 and 4 or the list of proposers does not meet the number of proposers referred to in the preceding paragraph 2, the election commission shall refuse to accept it.
Central Election Commission shall set up an electronic system for the leading proposer of recall to request a countersign;the applicable type of recall,methods of countersign,inspection procedures,and other related matters shall be formulated by Central Election Commission.
For an electronic countersign,the document shall be provided via electromagnetic record.
In the event of the death of the leading proposer of recall or the written consent of at least one-half of the total number of proposers,the backup leader will replace him or her as the leading proposer of recall,and this shall be limited to one time.
Article 77
Any of active soldiers,active male soldiers under replacement duty or in-service civil servants may not be the proposer of recall.
Civil servant as referred to in the preceding paragraph refer to the civil servant specified in Article 24 of the Civil Servant Services Act.
Article 78
With the consent of not less than 2/3 of the total proposers,a written application may be submitted to the election commission to relinquish a proposal of recall before the joint signatures are collected.
Paragraph 2 Establishment of a Proposal of Recall
Article 79
The election commission shall check the list of proposers within twenty five days after receiving a proposal of recall,and delete any proposer who meets any of the following circumstances:
1.The proposer fails to meet the provisions of Paragraph One of Article 76.
2.The proposer has the identity prescribed in Paragraph One of Article 77.
3.The name, ID card number or address of domicile of the proposer is recorded wrongly or unclearly.
4.The list of proposers is not signed or stamped by proposers.
5.The proposal raised by the proposers is forged.
If the number of proposers fails to reach the prescribed quota after the process of deletion in accordance with the provisions of the preceding paragraph,the election commission shall notify the leading proposer of recall to supplement more proposers within ten days by providing the list of proposers deleted and respective reasons;in case they do not supplement within a specified time or the number still fails to reach the prescribed quota after supplementation,the proposal will not be accepted.If the specified number is reached,the election commission shall notify the leading proposer of recall to receive the list of joint signers within ten days commencing from the day after receiving the notice,and collect the joint signatures within a specified time limit.If the leading proposer of recall do not receive the list of joint signatures within the specified time limit, it will be regarded as abandonment of the proposal.
The supplementation referred to in the preceding paragraph may be limited to once only,and the list of proposers supplemented shall be handled in accordance with the provisions of Paragraph One. In case the number fails to reach the prescribed quota after deletion,the proposal will not be accepted. The election commission shall notify the leading proposer of recall the list of proposers deleted and respective reasons.
Article 80
The period for collection of joint signatures referred to in Paragraph 2 of the preceding article is as follows:
1.sixty days for recall of a member of the Legislative Yuan,municipal councilor,the governor of a municipality or the governor of a county (city).
2.forty days for recall of a county(city) councilor,the chief of a township(city) or the chief of an indigenous district.
3.twenty days for a recall of a representative of a township(city) congress,a representative of an indigenous district congress,or the chief of a village(borough).
The calculation of the period referred to in the preceding paragraph shall commence from the next day upon receiving the format of the list of joint signers.
The leading proposer of recall shall submit an original and a copy of the list of joint signers all at a time to the election commission within the period prescribed in Paragraph 1;overdue submission will not be accepted.
The list of joint signers referred to in the preceding paragraph shall be filled in column in the specified format in detail with the ID card numbers and addresses of domicile of joint signers, and bound into books by village (borough);where the list of joint signers is not submitted in the specified format,the election commission shall not accept it.
Article 81
The joint signers of a proposal of recall shall be the electors in the original electoral district where the person being recalled has been elected, and the number of signers shall be not less than 10% of the total electors in the original electoral district.
If the calculated percentage of joint signers referred to in the preceding paragraph has a decimal mantissa,it shall be rounded by transfer method.
The proposers may not be the joint signers of the same proposal of recall.The number of proposers and of joint signers shall be calculated separately.
Article 82
The total number of electors as referred to in Article 76 and the preceding article shall refer to the total number of electors in the original electoral district at the time when the person being recalled has been elected;and the age and period of residence of the so-called electors shall be counted up to the day when the proposal of recall is raised.
Article 83
After receiving the list of joint signers, the election commission shall check the list of joint signers within forty days for recall of a member of the Legislative Yuan, municipal councilor,municipal mayor, or the governor of a county(city),twenty days for recall of a county(city) councilor,the chief of a township(city) or the chief of an indigenous district,and fifteen days for recall of a representative of a township(city) congress,a representative of an indigenous district congress, or the chief of a village (borough) and delete any signer who meets any of the following circumstances.However,if the list of joint signers fails to reach the number of joint signers prescribed in Paragraph One of Article 81,the election commission shall directly announce that the proposal of recall is not established:
1.The joint signer does not meet the provision of Paragraph One of Article 81.
2.The joint signers conform to the circumstances prescribed in Paragraph Three of Article 81.
3.Where the name, ID card number or address of the joint signer is recorded wrongly or unclearly.
4.The list of joint signers is not signed or stamped by joint singers.
5.The signature of the joint signer is forged.
After checking the list of joint signers referred to in the preceding paragraph and finding the number of joint signers insufficient,the election commission shall notify the leading proposer of recall to supplement more joint signers within ten days;in case they do not supplement within a specified time or the number still fails to reach the quota prescribed in Paragraph One,Article 81 after supplementation,the election commission shall announce the proposal of recall to be not established and notify the proposer of the list of joint signers deleted and respective reasons;if the number of joint signers meet the prescribed quota, the proposal of recall shall be established.
The supplementation referred to in the preceding paragraph may be limited to once only,and the list of joint signers supplemented shall be handled in accordance with the provisions of Paragraph One.
The original proposers may not raise any proposal of recall against the same person being recalled within one year if one of the following occurs:
1.The proposal is announced to be not established.
2.If the leading proposer of recall do not receive the list of joint signatures within the specified time limit prescribed in Paragraph Two,Article 79,it will be regarded as abandonment of the proposal.
3.If the leading proposer of recall fail to provide the list of joint signers within the specified time limit prescribed in Paragraph One,Article 80.
The regulations governing the inspection procedures of the list of proposers and the list of joint signers for recall shall be formulated by Central Election Commission.
Article 84
After a proposal of recall is announced to be established,a duplicated copy of the statement of reasons for recall shall be handed to the person being recalled,and the person being recalled shall bring forward a statement of defense within ten days.
The contents of the statement of defense referred to in the preceding paragraph shall be limited to 10,000 words.
Article 85
Within five days after expiration of the period for the person being recalled to bring forward the statement of defense,the election commission shall publicize the following matters through public notice:
1.The date of voting for recall and the commencing and terminating time of voting.
2.The statement of reasons for recall.
3.The statement of defense.However,if the person being recalled does not bring forward the statement of defense within the specified time limit,it shall not be publicized.This shall also apply to the part of the statement of reasons for recall exceeding the number of words prescribed in Paragraph Two of the preceding article.
Article 86
After the recall is proposed, the leading proposer of recall and the person being recalled may set the office(s) in support of/opposed to the recall within the recall area and relevant personnel.
Recall office(s) shall not be set in any of government agencies (institutions),schools,associations instituted according to law or places designated frequently as polling stations and ballot counting stations and other public locations.However,this shall not apply to the offices of the political parties of specific levels and social,professional organizations instituted according to the law.
Regulations governing the setting of recall offices registration,number and eligibility criteria of its personnel and other related matters shall be prescribed by the Central Election Commission.
During the campaign period of the recall of a member of the Legislative Yuan,municipal councilor,municipal mayor,or the governor of a county(city),the Central Electoral Commission shall hold a televised recall meeting,at which the leading proposer of recall and the person being recalled shall be present in person or appoint a representative.However,this shall not apply if both the leading proposer of recall and the person being recalled agree not to proceed.
The number,time,procedure and other related matters regarding the televised recall meeting mentioned in the preceding paragraph shall be determined by the Central Election Commission.
Article 86-1
For the proposal of recall announced to be established,the list of proposers and the list of joint signers shall be archived for three months after the ballot counting;for the proposal of recall announced to be not established,the list of proposers and the list of joint signers shall be archived for one year and two months after the date of announcement.
For the proposal of recall announced to be not accepted,the list of proposers and the list of joint signers shall be archived for one year and two months after the date of announcement.
If the proposal of recall is deemed abandoned or the list of joint signers is not provided within the specific time limit,the list of proposers shall be archived for one year and two months after the day when the proposal is deemed abandoned or when the countersign is expired.
In case of any litigation regarding the recall,the period of archive mentioned in the preceding three Paragraphs shall be extended to three months after the day when the ruling is given.
Paragraph 3 Voting and Ballot Counting for Recall
Article 87
The voting for recall shall be held within twenty-sixty days commencing from the day when the establishment of the proposal of recall is announced.Other elections may be held at the same time during the period of recall.If the person being recalled is also a candidate,the voting for recall shall be held within sixty days commencing from the day when the establishment of the proposal of recall is announced.
If the person being recalled dies,leaves the post or resigns before the polling day,the election commission shall announce the termination of such recall.
Article 88
In the ballots for recall shall be printed two columns,"Agree to Recall" and "Not Agree to Recall”,and the voter shall use the tool prepared by the election commission to mark and select one column.
After marking one column,the voter may not show the contents of the marked ballot to others.
Article 89
The provisions set forth in this Act regarding electors,the list of electors,voting and ballot counting shall apply mutatis mutandis to the voters, the list of voters,and voting and ballot counting for recall.
Article 90
Among the valid ballots for recall,where the number of consenters is more than that of dissenters and achieves 1/4 of the total electors in the original electoral district,the proposal of recall shall be adopted.
Among the valid ballots for recall,where the number of dissenters is more than that of consenters or the number of consenters does not meet the quota prescribed in the preceding paragraph,the proposal of recall shall be vetoed.
Article 91
After the process of voting, the election commission shall,within seven days after the voting is finished,issue a public notice to announce the result of the voting for recall.If the proposal of recall is adopted,the person being recalled shall be removed from the position on the day when the public notice is issued.
After a proposal of recall referred to in the preceding paragraph is adopted,if a by-election shall be held according to relevant provisions,the voting for by-election shall be completed within three months commencing from the day when the result of the voting for recall is announced.However,if a recall lawsuit is raised,no by-election shall be held before the judicial proceeding ends.
Article 92
Where a proposal of recall is adopted,the person being recalled may not be the candidate for the same kind of public officials in the same electoral district within four years commencing from the day when he/she is removed from the position;this provision shall also apply if he/she resigns during the proceeding of a proposal of recall.
If a proposal of recall is vetoed,no other proposal of recall may be raised against the identical person within the tenure of the aforesaid person.
Chapter 5 Penalty for Encumbering Election or Recall
Article 93
Anyone who infringes the provision of Subparagraph 1 of Article 55 shall be condemned to fixed-term imprisonment of not less than seven years,anyone who infringes the provision of Subparagraph 2 of Article 55 shall be condemned to fixed-term imprisonment of not less than five years,and anyone who infringes the provision of Subparagraph 3 of Article 55 shall be punished according to penal provisions in the relevant laws.
Article 94
Anyone who utilizes the opportunity of campaign, electioneering or recall to gather a mob to destroy the social order by insurrection shall be condemned to fixed-term imprisonment of not less than seven years,and the principal plotter shall be condemned to life imprisonment or fixed-term imprisonment of not less than ten years.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall be punished.
Article 95
Anyone who enforces or intimidates the civil servants performing duty according to law to encumber the election or recall shall be condemned to fixed-term imprisonment of not more than five years.
Anyone who commits the crime prescribed in the preceding paragraph and thus causes the death of a civil servant shall be condemned to life imprisonment or fixed-term imprisonment of not less than seven years;if it causes severe injury to a civil servant, the person shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years.
Article 96
For those who gather a mob and commit the crime prescribed in the preceding article,the onsite accessories shall be condemned to fixed-term imprisonment or penal servitude of not more than three years or fined a sum of not more than NT$300,000,and the principal plotter and the persons who assault or intimidate personally shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years.
If the crime prescribed in the preceding paragraph causes the death of a civil servant,the principal plotter and the persons who assault and intimidate personally shall be condemned to life imprisonment or fixed-term imprisonment of not less than seven years;if it causes severe injury to a civil servant,the person shall be condemned to fixed-term imprisonment of not less than five years and not more than twelve years.
Article 97
Anyone who makes a candidate or a person qualified for a candidate agree to abandon the campaign or to perform certain campaign activities by asking for expected promises or delivering bribes or other undue benefits to the aforesaid party shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years and may be fined a sum of not less than NT$2,000,000 and not more than NT$20,000,000 in addition.
Any candidate or any person qualified for a candidate who asks for expected promises or accepts bribes or other undue benefits and thereupon promises to abandon the campaign or perform certain campaign activities shall also be punished in accordance with the provision of the preceding paragraph.
Anyone planning to commit the crimes referred to in the preceding two paragraphs shall be condemned to fixed-term imprisonment of not more than one year.
The bribes prepared or used to ask for expected promises or to be delivered,whether owned by the offender or not, shall be confiscated.
Article 98
Anyone who commits any of the following actions by assault, intimidation or any other illegal method shall be condemned to fixed-term imprisonment of not more than five years:
1.Encumbering others’ campaign or making others abandon campaign for election.
2.Encumbering others' raising or agreeing a proposal of recall,or making others raise or agree a proposal of recall.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall be punished.
Article 98-1
A person who with purpose to render a candidate elected falsely makes census registration to obtain the right to vote and votes shall be sentenced to imprisonment for not more than five years..
A person who with purpose to influence the outcome of a recall makes census registration to obtain the right to vote and votes shall be sentenced to imprisonment for not more than five years.
An attempt to commit an offense specified in one of the preceding two paragraphs is punishable.
Article 99
Anyone who makes a person with the right to vote agree to not exercise the right to vote or exercise it in a certain manner by asking for expected promises or delivering bribes or other undue benefits to the aforesaid party shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years and may be fined a sum of not less than NT$1,000,000 and not more than NT$10,000,000 in addition.
Anyone planning to commit the crime prescribed in the preceding paragraph shall be condemned to fixed-term imprisonment of not more than one year.
The bribes prepared or used to ask for expected promises or to be delivered,whether owned by the offender or not,shall be confiscated
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and surrendering within six months from the occurrence shall be alleviated or exempted;the punishment condemned may be exempted where a candidate is found to be a principal offender or an accomplice thereupon.
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and confessing in the process of investigation shall be alleviated;the punishment condemned may be alleviated or exempted where a candidate is found to be a principal offender or an accomplice thereupon.
Article 100
Anyone who makes a person with the right to vote agree to not exercise the right to vote or exercise it in a certain manner by asking for expected promises or delivering bribes or other undue benefits to the aforesaid party in the election of the chairperson and vice chairperson of a municipal or county(city) council,the chairperson and vice chairperson of a township(city) or an indigenous district congress shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years and may be fined a sum of not less than NT$ 2,000,000 and not more than NT$ 20,000,000 in addition.
Any of persons with the right to vote in the election prescribed in the preceding paragraph who asks for expected promises or accepts bribes or other undue benefits and thereupon promises to not exercise the right to vote or exercise it in a certain manner shall also be punished in accordance with the provision of the preceding paragraph.
Anyone planning to commit the crimes prescribed in the preceding two paragraphs shall be condemned to a fixed-term imprisonment of not more than one year.
The bribes prepared or used to ask for expected promises or to be delivered,where owned by the offerder or not,shall be confiscated.
The punishment condemned for a person committing the crime prescribed in Paragraph 1 or 2 and surrendering within six months from the occurrence shall be alleviated or exempted;the punishment condemned may be exempted where a candidate is found to be a principal offender or an accomplish thereupon.The punishment condemned for a person confessing in the process of investigation shall be alleviated;the punishment condemned may be alleviated or exempted where a candidate is found to be a principal offender or an accomplice thereupon.
Article 101
For the nomination of candidates for various public officials within the political party referred to in Article 2 implemented by the political party, from the day when the nomination operation is publicized and during the period specified for operating nomination,any of the candidates within the political party who performs any of the actions prescribed in Paragraphs One and Two of Article 97 shall be punished in accordance with the provisions prescribed in Paragraphs One and Two of Article 97;anyone performing any of the actions prescribed in Paragraph One of Article 99 to a person with the right to vote shall be punished in accordance with the provision prescribed in Paragraph One of Article 99.
Anyone planning to commit the crime prescribed in the preceding paragraph shall be condemned to fixed-term imprisonment of not more than one year.
The bribes prepared or used to ask for expected promises or to be delivered,whether owned by the offender or not,shall be confiscated;the bribes accepted by the person shall be confiscated.
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and surrendering within six months from the occurrence shall be alleviated or exempted;the punishment condemned may be exempted where a principal offender or an accomplice is found thereupon.
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and confessing in the process of investigation shall be alleviated;the punishment condemned may be exempted where a principal offender or an accomplice is found to be thereupon.
Anyone who undertakes the affairs referred to in Paragraph One to seek profit shall be punished in accordance with the provision of Article 103.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall be punished.
The provision prescribed in Article 115 shall apply mutatis mutandis to the nomination of candidates for various public officials within the political party implemented by the political party.
The political party shall publicize the matters regarding the nomination operation and publish the matters regarding the commencing and terminating time, operation flow and recognition of candidates and persons qualified for voting within the political party in accordance with the provision prescribed in Paragraph One.Each political party shall report to the Ministry of the Interior for examination within five days after publicizing the nomination operation.
Article 102
Anyone who conducts any of the following actions shall be condemned to fixed-term imprisonment of not less than one year and not more than seven years,and be fined a sum of not less than NT$1,000,000 and not more than NT$10,000,000 in addition:
1.Making a member of an association or institution in the electoral district not exercise the right to vote or exercise in a certain manner by asking for expected promises or offering properties or other undue benefits in the name of donation.
2.Making a person that has a right to propose or countersign a proposal of recall not raise or agree the proposal,or raise or agree a certain proposal of recall by asking for expected promises or offering properties or other undue benefits.
Anyone who plans to commit the crime prescribed in the preceding paragraph shall be condemned to fixed-term imprisonment of not more than one year.
The bribes prepared,used to ask for expected promises or to be delivered,whether owned by the offender or not,shall be confiscated.
Article 103
Anyone who undertakes the affairs referred to in Paragraphs One and Two of Article 97,Paragraph One of Article 99,Paragraphs One and Two of Article 100 or the Subparagraphs of Paragraph One of Article 102 to seek profit shall be condemned to fixed-term imprisonment of not less than three year and not more than ten years,and may be fined a sum of not less than NT$1,000,000 and not more than NT$10,000,000 in addition.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall be punished.
Article 103-1
A person who gambles in a public place or a place open to the public on the outcome of an election or recall shall be sentenced to fixed-term imprisonment of not more than six months,short-term detention,or a fine of not more than NT$100,000.
The same shall apply to gambling via telecommunication equipment,electronic communication,internet,or other similar means on the outcome of an election or recall.
The provisions of the proceeding two paragraphs shall not apply to the item of gambling which is provided for temporary amusement.
A person who, with the intention of making a profit on the outcome of an election or recall,furnishes a place to gamble or assembles person to gamble shall be sentenced to fixed-term imprisonment of not more than five years;in addition thereto,a fine of not more than NT$500,000 may be imposed.
Article 104
Anyone who disseminates rumors or spreads false sayings by text,picture,audio tape,video tape, speech or any other method for the purpose of making a candidate elected or not elected or making the proposal of recall adopted or vetoed and thus causing damages to the public or others shall be condemned to fixed-term imprisonment of not more than five years.
Anyone who commits the crime of disseminating, broadcasting or otherwise making available to the public the deepfake sound,image or electronic recordings of a candidate,a person being recalled from office or a leading proposer of recall,shall be condemned to fixed-term imprisonment of not more than seven years.
Any person who,with the intention of making a profit,commits the crimes prescribed in the preceding two subparagraphs shall,in accordance with the provisions of each such paragraph,have his sentence increased by one half;in addition thereto,a fine of not not less than NT$2 million and not more than NT$10 million may be imposed.
Article 104-1
The heads of central and local government agencies at all levels or their agents,and persons instructed by them who violate the provisions of Article 50 shall be sentenced to fixed-term imprisonment of not more than three years.
For those committing the crimes mentioned in the preceding paragraph,after the sentence has been confirmed,the agency to which they belong may recover the expenses incurred;if two or more persons commit the crimes mentioned in the preceding paragraph jointly,they shall be jointly and severally liable.
Article 105
Anyone who infringes upon the provision of Paragraph Two of Article 63 or Paragraph Two of Article 88 or conforms to any of the circumstances prescribed in the Subparagraphs of Paragraph One of Article 65 and does not leave the station after being ordered to leave shall be condemned to fixed-term imprisonment or penal servitude of not more than two years, or fined a sum of not more than NT$200,000.
Article 106
Anyone who infringes upon the provision of Paragraph Three of Article 65 shall be fined a sum of not less than NT$30,000 and not more than NT$300,000.
Anyone who infringes upon the provision of Paragraph Four of Article 65 shall be condemned to fixed-term imprisonment of not more than five years and fined a sum of not more than NT$500,000.
Article 107
Where any of the following circumstances occurs in the proceeding of election or recall, the onsite accessories shall be condemned to fixed-term imprisonment or penal servitude of not more than one year or fined a sum of not more than NT$100,000; the principal plotter and the persons who conducts the action shall be condemned to fixed-term imprisonment of not more than five years:
1.Gathering a mob to surround the working place,office(s) or domicile/residence of any candidate,person being recalled,proposer or joint singer of the proposal of recall,or the personnel involved.
2.Encumbering the campaign activities of a candidate,recalled person’s performing duty or the proceeding of recall by proposers or joint signers or the personnel by assaults, intimidation or any other illegal method.
Article 108
Anyone who carries the received ballot for election or recall outside the place of voting shall be condemned to fixed-term imprisonment or penal servitude of not more than one year or fined a sum of not more than NT$15,000.
Anyone who induces others to vote or not to vote by discord and yelling or intervention within 30m around the polling station and continues the aforesaid actions after being stopped by the security guards shall be condemned to fixed-term imprisonment or penal servitude of not more than one year or fined a sum of not more than NT$15,000.
Article 109
Anyone who withholds, destroys,hides,replaces or captures the voting box,the ballots for election or recall,the list of electors,the report form of voting,the report form of ballot counting,the statistics of ballot counting,or the tool used to vote for the purpose of encumbering or disturbing the voting or ballot counting shall be condemned to fixed-term imprisonment of not less than five years
Article 110
Anyone who infringes upon the registration and establishment of offices and their personnel, number of offices,quota or elegibility prescribed in Articles 44 and 45,Paragraphs One and Two of Article 52 and Paragraphs Two and Three of Article 86 shall be fined a sum of not less than NT$100,000 and not more than NT$1,000,000.
Any broadcast TV enterprises which infringes on the provision prescribed in Paragraph One,Two or Three of Article 49 shall be fined a sum of not less than NT$200,000 and not more than NT$2,000,000.
Anyone who violates the provisions prescribed in Paragraph Two of Article 51 regarding the matters or contents to be contained or described in advertisements,or the provisions in Paragraph Five of Article 51-3,shall be fined a sum of not less than NT$200,000 and not more than NT$2,000,000, or twice the cost of the advertisement.
Anyone who violates the provisions prescribed in Article 51-1,Paragraph One and Two of Article 51-2 regarding the matters or contents to be recorded in advertisements shall be fined a sum of not less than NT$200,000 and not more than NT$10,000,000,or twice the cost of the advertisement.
Anyone who fails to stop publication,restrict browsing,remove or take down the website in violation of Article 51-3,Paragraph Four,shall be fined a sum of not less than NT$200,000 and not more than NT$10,000,000,and shall be ordered to make improvements within a certain period of time.If the improvements are not made within that period,the penalty may be imposed on a per-event basis.
Anyone who violates the provisions prescribed in Article 53 or Article 56 shall be punished in accordance with the following provisions;in addition,anyone who fails to comply with the provisions prescribed in Article 56 shall be punished in the following manner:
1.Political parties,candidates,the leading proposer of recall,the person being recalled,and their employees,agents or users:a fine of not less than NT$200,000 and not more than NT$2 million.
2.Persons other than those mentioned in the preceding subparagraph:a fine of not less than NT$100,000 and not more than NT$1 million.
The employees,agents or users of the candidate,the leading proposer of recall or the person being recalled,who infringes on the registration and establishment of offices and their personnel, number of offices,quota or eligibility prescribed in Articles 44,Paragraphs One,Three of Article 52, Article 53,Article 56,or Paragraphs Two,Three of Article 86,the candidate,the leading proposer of recall or the person be recalled shall be punished as well.
Any political party,juridical person or association other than juridical person that violates the provisions prescribed in Paragraph One or Three of Article 52,the representative or actors of the political party,juridical person or association other than juridical person shall be punished as well in accordance with the provisions of Paragraph One;violates the provisions prescribed in Article 53 or Article 56,the representative or actors of the political party,juridical person or association other than juridical person shall be punished as well in accordance with the provisions of Paragraph Six.
Any person who commissions a newspaper,magazine, radio or television broadcaster,Internet service provider or other media provider to publish a campaign or recall advertisements or commissions a newspaper to disseminate propaganda in violation of the provisions prescribed in of Paragraph Two of Article 56 shall be punished.According to this provision,both the commissioner and the commissionee shall be punished.If the commissioner or commissionee is a political party,juridical person or unincorporated group,its representatives and actors shall be punished.
Anyone who places anything other than the ballot for election or recall into a voting box,or tears up the received ballot by intention shall be fined a sum of not less than NT$5,000 and not more than NT$50,000.
Article 111
The punishment condemned for a person who commits the crime prescribed in Paragraph Two of Article 97 or the crime prescribed in Paragraph One of Article 143 of the Criminal Code and surrenders within three months after committing the crime shall be exempted; the punishment condemned for a person who surrenders after the aforesaid three-month period shall be alleviated or exempted;the punishment condemned for a person confesses in the process of investigation or in the juridical procedure shall be alleviated.
Anyone who cooks up facts to surrender as prescribed in the preceding paragraph for the purpose of making others subject to criminal disposition shall be punished in accordance with the penal provisions set forth in the Criminal Code on the crime of false accusation.
Article 112
The political party recommending any candidate who commits the crimes referred to in the provisions prescribed in Articles 94-96,Paragraphs One and Two of Article 97,Paragraph One of Article 98-1 or the attempted offense,Article 99,Subparagraph 1 of Paragraph One of Article 102 or the planned offense, Article 109 and the crimes prescribed in Article 142 or Articles 145-147 of the Criminal Code with the determined judgement shall be fined a sum of not less than NT$500,000 and not more than NT$5,000,000 in accordance with the number of determined candidates.The same applies to candidates who have been nominated by a political party and have been convicted of the crimes prescribed in Paragraphs One and Two of Article 97.
Any candidate recommended by a political party who commits the crimes against another candidate or nominated by a political party,other candidate or nominated by a political party prescribed in Articles 271,277,278,302,302-1,304,305,346-348 of the Criminal Code or the Special Act of the Criminal Code with the determined judgement shall be punished in accordance with the provision prescribed in the preceding paragraph.
Article 113
If there are provisions of severer punishment for the crime prescribed in this Chapter in other laws,such provisions shall apply.
If any of the personnel handling election and recall affairs commits any of the crimes prescribed in this Chapter intentionally by using the power, opportunity or method on duty of the position,the punishment shall be aggravated by a half.
A person who commits any of the crimes prescribed in this Chapter or the crime of encumbering voting prescribed in Chapter 6 of the Subprovisions of the Criminal Code and is thus sentenced to fixed-term imprisonment shall be deprived of public rights in addition.
Article 114
If an in-service civil servant already registered as a candidate commits any of the following actions, the election commission shall,after the circumstance is confirmed through investigation, notify the competent authority in charge of the civil servant to suspend him/her from performing duty first and handle the case according to law:
1.Refusal to provide assistance or dispatch personnel at the request of the election commission without any due reason.
2.Interference in the personnel or operating affairs of the election commission.
3.Employment or embezzlement of public money as campaign funds in a nominal way.
4.Requiring a subordinate association or an association under his/her direction or supervision and the principal of the association involved to support him/her in campaign.
5.Utility of the authority to maneuvers the personnel without cause and to make personnel arrangement for campaign in advance.
Article 115
For the election and recall of central public officials,the Prosecutor General of the Supreme Prosecutors' Office shall lead the prosecutors of specific levels,or for the election and recall of local public officials,the Prosecutor General of the Prosecutors Office shall lead the subordinate prosecutors to inspect and investigate in diverse districts, monitor and supervise the election and recall,actively prosecute the criminal cases of encumbering the election or recall,and accept the accusation, prosecution or surrender of such cases made by the government agencies,associations or individuals and investigate immediately and handle the cases with necessary measures.
The prosecutors may command the juridical police to conduct the investigation of the cases referred to in the preceding paragraph in accordance with the provisions of the Criminal Procedure Code and the Act Governing Dispatch of Juridical Police.
Article 116
For the crime prescribed in this Chapter or the crime of encumbering voting set forth in Chapter 6 of the Criminal Code,the court hearing the case shall adjudicate it conclusively within six months
Article 117
An electee who participates in the respective election to obtain status of public official,commits the crimes set forth in Paragraphs One to Three of Article 97,Paragraphs One and Two of Article 99,Subparagraph 1 of Paragraph One of Article 102 or the planned offense,or Article 103 who had registered as the candidate during the campaign period,or electee of local representatives who commits the crimes set forth in Paragraphs One to Three of Article 100,and is thus sentenced to fixed-term imprisonment without probation shall be suspended from the position or powers on the day of the determined judgement certes.
The person whose position or powers is suspended in accordance with the provision of the preceding paragraph shall resume his/her position by the expiration of the tenure if the innocence is commuted.
Chapter 6 Election and Recall Lawsuits
Article 118
If an election commission handles the election or recall affairs illegally so that the result of election or recall will be affected,the prosecutors,candidates,the person being recalled or the proposers of recall may,within fifteen 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 election commission.
If an election commission handles the national integrated election and the overseas election of central public officials illegally so that the result of election will be affected,the political party applying for registration may file a lawsuit of invalid election in accordance with the provision set forth in the preceding paragraph.
Article 119
For the lawsuit of invalid election or recall,if the invalidation is sentenced and determined by the court with jurisdiction,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 held again at a specified time in respect of the invalid part.
Article 120
Under any of the following circumstances,the election commission,the prosecutors or the candidates in the same electoral district may,within sixty days commencing from the day when the public notice of list of electees is issued,file a lawsuit in the governing court against an electee,claiming the electee's being elected is invalid:
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 with the right to vote or the personnel handling election affairs from campaigning, exercising the right to vote or performing duty freely by assaults,intimidation or any other illegal method.
3.Where the electee performs the actions prescribed in Article 97,Paragraph One of Article98-1,Paragraph One of Article 99,Paragraph One of Article 101,Subparagraph 1 of Paragraph One of Article 102 or the actions prescribed in Paragraphs One and Two of Article 146 of the Criminal Code.
If the vote gained by the political party is false so that the result of election will be affected or an electee of the national integrated election and the overseas election of central public officials conforms to any of the circumstances set forth in Subparagraphs 2 and 3 of the preceding paragraph,other political parties applying for registration may file a lawsuit claiming the electee's being elected is invalid in accordance with the provision set forth in the preceding Paragraph.
If the invalidation prescribed in the two preceding Paragraphs is sentenced and determined,it will not be affected by the criminal verdict of not guilty for the same cause.
Article 121
If an electee conforms to any of the circumstances prescribed in the Subparagraphs of Paragraph One and Paragraph Two of Article 29,the election commission,the prosecutors or the candidates in the same electoral district may,before the tenure of the electee or the specified period of time expires,file a lawsuit claiming the electee to be invalid in the governing court against the electee.
If an electee of the national integrated election and the overseas election of central civil servants conforms to any of the circumstances set forth in the preceding Paragraph, other political parties applying for registration may also file a lawsuit claiming an electee to be invalid in accordance with the provision set forth in the preceding Paragraph.
Article 122
For the lawsuit claiming an electee to be invalid,if the invalidation is sentenced and determined,the original electee shall be invalid.The invalid electee who has come into office shall be removed from the position on the day when the judgement is determined.
Article 123
The judgment of a lawsuit of invalid election or claiming an electee's being elected is invalid will not affect the actions taken by the electee on duty after accession.
Article 124
For the adoption or veto of a proposal of recall,if one of the following occurs,the election commission,the prosecutors,the person being recalled or the leading proposer of recall may,within sixty days commencing from the day when the public notice of 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 leading proposer of recall or the person being recalled:
1.Where the vote is false so that the result of voting will be affected.
2.Where the person being recalled,the leading proposer of recall or representatives and the staff from the offices of recall prevent the persons with the right to vote or the personnel handling election affairs from exercising the right to vote or performing duty freely by assaults,intimidation or any other illegal method.
3.Where the person being recalled,the leading proposer of recall or representatives and the staff from the offices of recall perform the actions prescribed in Subparagraph 1 of Paragraph One of Article98,Paragraph two of Article98-1, Paragraph One of Article 99Paragraph One of Article 99 or the actions prescribed in Paragraphs One of Article 146 of the Criminal Code.
4.Where the person being recalled perform the actions prescribed in Subparagraph 2,Paragraph 1 of Article 102.
For the lawsuit of invalid veto of a proposal of recall,if the invalidation is sentenced and determined by court,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 being recalled shall be resumed to the original position,except for the person whose original position cannot be resumed.
Article 125
If an elector finds any factor that will construct any circumstance such as invalid election,invalid being elected,invalid recall,or invalid adoption or veto of a proposal of recall,he/she may, within seven 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 evidence to the prosecutor or the election commission to for prosecution.
Article 126
The governing court of an election or recall lawsuit shall be determined pursuant to the following provisions:
1.The first instance of an election or recall lawsuit shall be governed by the governing local court at the place of the action of election or recall or its branch court;if the place of action spans or is distributed in the areas under the jurisdiction of several local courts or branch courts,all the local courts or branch courts have jurisdiction over the case.
2.The election and recall lawsuits appealed against the fist-instance judgement of the local court or branch court shall be governed by the governing high court or its branches.
Article 127
An Election Courtroom shall be established to hear an election or recall lawsuit in the collegiate system,and it shall be adjudged ahead of other lawsuits.An election or recall lawsuit shall be adjudicated conclusively in the second instance,and no lawsuit of rehearing may be filed. The court hearing the case shall have it adjudicated and concluded within six months.
The courts shall investigate the necessary material evidence according to powers as hearing election or recall lawsuits.
Article 128
The provisions of the Civil Procedure Code shall apply to the procedure of election and recall lawsuits mutatis mutandis unless otherwise prescribed in this Act.However,this shall not apply to the provisions regarding the validity of abandonment,commitment or the fact of self confession for or no dispute for lawsuit.
Article 129
The party involved or the pertinent agent in the election lawsuit proceeding may read or copy ballots or the list of electors.
Chapter 7 Supplementary Provisions
Article 130
The fines prescribed in this Act and Paragraph One of Article 14 of Organized Crime Prevention Act shall be imposed by the election commission.
The election commission may directly deduct the fine prescribed in the preceding paragraph from the deposit paid by the candidates or the political parties referred to in Article 32 or from the subsidies apportioned to candidates for campaign expenditures referred to in Article 43 if the candidates or the political parties fail to pay the fine within the specified time limit after being notified.
Article 131
If the public notice of election has been issued or the proposal of recall has been raised to the election commission in charge before this Act is amended and enforced,the provisions prior to the amendment shall apply.
Article 132
(deleted)
Article 133
The Enforcement Rules of this Act shall be prescribed by the Ministry of the Interior jointly with the Central Election Commission.
Article 134
The Act shall be effective since the date of promulgation.
The amended articles revised on May 12,2009 shall be effective since Nov 23,2009.
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