Passed on the third reading by the 32nd session of the fourth provisional
assembly of the second National Assembly on July 28, 1994.
Proclaimed in the order Huatzung Yitzu No. 4488 on August 1, 1994.
Article 1
Members of the National Assembly shall be elected in accordance with the
following regulations without being subject to restrictions contained in
Article 26 and Article 135:
I. Within the free areas of the R.O.C., each city, county, and municipality directly under the central government shall elect two representatives; when the population of one of these regions exceeds 100,000, however, one representative shall be added for each additional increment of 100,000.
II. Within the free areas of the R.O.C., lowland and highland aborigines shall each elect three representatives.
III. Twenty representatives shall be elected by citizens living overseas.
IV. Eighty at-large representatives shall be elected by the nation as a whole.
The lists of successful candidates in the first three items and in the fourth item above shall be selected according to the proportion of votes given to each political party. If the list of successful candidates elected by cities, counties, and municipalities directly under the central government as stated in item one, or if the list of successful candidates elected as stated in items three and four contain more than five and less than ten names, one successful woman candidate must be included; in the case of lists of successful candidates exceeding ten names, each increment of ten names should include the name of one woman.
The functions of the National Assembly are as stated below, and the regulations contained in items 1 and 2, Section 1, Item 27 are not applicable:
I. The National Assembly shall hold by-elections to select the vice president in accordance with in Section 7, Article 2 of these appended amendments.
II. The National Assembly shall propose presidential and vicepresidential recalls in accordance with Section 9, Article 2 of these appended amendments.
III. The National Assembly may pass a resolution requiring the Control Yuan to propose the impeachment of the president or vice president in accordance with Section 9, Article 2 of these appended amendments.
IV. The National Assembly may amend the Constitution in accordance with Item 3, Section 1, Article 27 and Item 1, Article 174 of the Constitution.
V. The National Assembly may hold referendums on constitutional amendments proposed by the Legislative Yuan in accordance with Item 4, Section 1, Article 27 and Item 2, Article 174 of the Constitution.
VI. The National Assembly may exercise the right of approval over personnel appointed by the president in accordance with Section 1, Article 4; Section 2, Article 5; and Section 2, Article 6 of these appended amendments.
When the National Assembly meets for the purposes stated in Item 1 and items 4-6 of the above section, or when more than two-fifths of the National Assembly members have requested a meeting, it shall be convened by the president. When the National Assembly has met for the purposes stated in items 2 and 3 of the above section, the speaker of the National Assembly shall announce the meeting; prior to the time the National Assembly has selected a speaker, the president of the Legislative Yuan shall announce such meetings and articles 29 and 30 of the Constitution shall not be applicable.
When the National Assembly has met, it shall listen to the president's state of the nation report, discuss affairs of state, and offer suggestions; if the National Assembly has not met within one year, the president shall convene the National Assembly for the above purposes, and the restrictions contained in Article 30 of the Constitution shall not be applicable.
Beginning with the third National Assembly, new elections for members shall be held every four years and Item 1, Article 28 of the Constitution shall not be applicable.
The term of office of members of the second National Assembly shall end on May 19, 1996; the term of office of members of the third National Assembly shall begin on May 20, 1996; Item 2, Article 28 of the Constitution shall not be applicable.
Beginning with the third National Assembly, a speaker and a deputy speaker shall be chosen by the members of the National Assembly from among their own number. The speaker shall represent the National Assembly and shall host meetings when the National Assembly is in session.
The National Assembly's procedures for exercising its authority shall be determined by the National Assembly itself; Article 34 of the Constitution shall not be applicable.
The direct election of president and vice president by all citizens of the free areas of the R.O.C. shall be instituted beginning with the ninth presidential and vice-presidential election in 1996. Presidential and vice-presidential candidates should register together in pairs, and voters shall indicate one pair of candidates on their ballots. The pair that receives the largest number of votes shall be the winner. Procedures for citizens of free areas of the R.O.C. now residing overseas who wish to return to the R.O.C. to exercise their right to vote shall be established according to law.
Announcements of personnel appointments or dismissals made by the president with the consent of the National Assembly or the Legislative Yuan in accordance with the Constitution need not be countersigned by the premier of the Executive Yuan, and Article 37 of the Constitution is not applicable.
When there is an order to remove the premier of the Executive Yuan from office, the nomination of a new premier shall become effective after receiving the Legislative Yuan's consent.
In order to alleviate a crisis affecting the nation or people, or in order to deal with urgent financial or economic circumstances, the president may proclaim an emergency order upon receiving a resolution from the convened Executive Yuan; restrictions contained in Article 43 of the Constitution are not applicable. However, the emergency order must be submitted to the Legislative Yuan for ratification within ten days of being issued; the order immediately becomes invalid if the Legislative Yuan fails to give its consent.
In order to formulate major policies concerning national defense, the president must establish the National Security Council and national security bureaus subordinate to it; the organization of these units shall be determined by law.
Beginning with the ninth president and vice president, the term of office of president and vice president shall be four years, after which they may serve another term if reelected; Article 47 of the Constitution is not applicable.
If the vice presidency is vacant, the president shall nominate a candidate for vice president and convene the National Assembly in order to hold a by-election within three months; the newly-elected vice president shall serve until the end of the original term of office.
If both the presidency and vice presidency are vacant, the premier of the Executive Yuan shall take over their functions and byelections for a new president and vice president shall be held in accordance with regulations in section 1 of this article; the newly-elected president and vice president shall serve until the end of the original terms of office and regulations contained in Article 49 of the Constitution shall not be applicable.
Initiating a recall of the president or vice president requires the consent of one-fourth of the membership of the National Assembly; the recall shall be formally proposed upon receiving the support of two-thirds of National Assembly members, and shall be considered passed if more than one-half of the total valid ballots received from citizens of the free areas of the R.O.C. indicate agreement with the recall. If the Control Yuan proposes the impeachment of the president or vice president to the National Assembly, the impeached person(s) must immediately step down if the impeachment receives the support of two-thirds of the members of the National Assembly.
The Presidential and Vice-Presidential Election and Recall Law
August 9, 1995
Proclaimed in the order Tzungtung Huatzung (I) Yitzu No. 5889
Chapter One---General Principles
Article One
This law has been drawn up in accordance with Article 46 of the Constitution and Section 1, Article 2 of the appended amendments.
The election and recall of the president and vice president shall be conducted in accordance with regulations contained in this law. Any matters that are not governed by regulations in this law shall be handled in accordance with other relevant laws and regulations.
Article Two
Unless otherwise stipulated, the election and recall of the president and vice president shall be conducted by means of a universal, equal, direct, and anonymous vote.
Article Three
The election district for the election of the president and vice president shall be the free areas of the Republic of China.
Article Four
Unless otherwise stipulated, calculations concerning the age and length of residence of voters and candidates shall uniformly be made to the day prior to the day of the election, and shall take the voter or candidate's domiciliary register as evidence.
The starting date for the aforementioned calculation of length of residence shall be the date of completed application for domiciliary registration.
The aforementioned calculations shall still be based on the original election date even in the case of a repeated election.
Article Five
The calculation of various intervals stipulated in this law shall be governed by civil law. However, if the final day of an interval falls on a public holiday, the interval shall not be extended.
Chapter Two---Agencies Responsible for Elections and Recalls
Article Six
Presidential and vice presidential elections and recalls shall be managed by the Central Election Commission, which shall carry out its tasks by commanding and supervising provincial (municipal) and county (city) election commissions. However, the initiation and proposal of presidential recalls, as well as the implementation of vice-presidential by-elections, shall be the responsibility of the National Assembly.
Election commissions at all levels should carry out their functions in accordance with law and the principle of impartiality.
Article Seven
The Central Election Commission shall be responsible for the following
matters:
Article Eight
The Provincial Election Commission shall command and supervise the execution of matters stipulated in this law by county (city) election commissions.
Article Nine
The election commissions of counties (cities) and municipalities directly
subordinate to the central government shall be responsible for the following
matters:
Article Ten
Election commissions at all levels may employ on-loan government personnel of various ranks for the purpose of implementing elections or recalls.
Chapter Three---Elections
Division 1---Voters
Article 11
Citizens of the free areas of the R.O.C. who are at least twenty years old have the right to vote as long as they lack both of the following disqualifying circumstances:
In item 1 of the above section, if a person has been convicted according to the Statutes for Suppressing Rebellion during the period of martial law, this item is not applicable.
Article 12
The aforementioned citizens with voting rights are considered eligible voters if they fulfill one of the following conditions:
Article 13
Unless otherwise stipulated, voters should vote at the voting location of their place of domiciliary registration.
Overseas citizens who return to the R.O.C. to vote should vote at the voting location of the original place of residence where they were registered at the time they last went overseas.
Personnel working at voting locations should vote at the voting location of their place of residence or place of work.
Article 14
Unless otherwise stipulated, voters should obtain a ballot upon presentation of their national identification card at the time of voting.
Voters who have returned to the R.O.C. from overseas for the purpose of voting should obtain a ballot upon presentation of their valid R.O.C. passport.
Article 15
Voters should vote at voting locations within the stipulated time period set aside for voting, and may not enter the voting location after the time for voting has concluded. However, those who have arrived at the voting location during the stipulated period but have not yet voted are still permitted to vote.
Division 2---Voter Lists
Article 16
Unless otherwise stipulated, lists of voters shall be compiled by township (town, city, district) residential administration agencies in accordance with domiciliary registers. In accordance with regulations governing voter qualifications, all citizens who have a domiciliary register on file twenty days before the date of the election should be included on a list of voters. Voters who move their place of residence less than twenty days before the election should vote at the voting location of their original residence.
Lists of voters who are returning to the R.O.C. to vote should be compiled at original residential administration agency of the place where they were registered at the time they last went overseas.
Article 17
When a presidential and vice-presidential election is held concurrently with elections for other public offices, unified voter lists should be compiled for use in all elections on the same date.
Article 18
After the compilation of voter lists, such lists should be sent by the residential administration agencies that compiled them to township (town, city, district) public offices for use and for distribution to village and li offices, where they will be posted for public inspection in each lin (neighborhood) for five days. If any errors or omissions are discovered by voters, they should apply for correction within the public inspection period.
Article 19
After voter lists have been posted for public inspection, the various villages and li should return the voter lists, along with any applications for revision, to the township (town, city, district) public office for transfer to the residential administration agency for examination and correction.
Voter lists shall be considered finalized after being publicly posted and corrected; in addition, the election commissions of counties (cities) and municipalities directly under the central government shall publicly announce the number of registered voters under their jurisdictions.
Division 3---Candidates
Article 20
Voters who have been dwelling continuously in the free areas of the R.O.C. for at least four months, who have had a registered domicile in the free areas of the R.O.C. for at least fifteen years, and who are at least forty years old may apply to register as a presidential or vice-presidential candidate.
Those who have restored lapsed R.O.C. citizenship, become a naturalized R.O.C. citizen, or are a resident of mainland China who has been authorized to enter the Taiwan area are not eligible to register as a presidential or vice-presidential candidate.
Article 21
Presidential and vice-presidential candidates must register jointly. If they have failed to register jointly or have submitted incomplete registration applications, their registration shall not be accepted. Candidates must secure the recommendation of a political party or the endorsement of endorsers.
If it is discovered after examination that the qualifications of one or both individuals in a single pair of presidential and vicepresidential candidates do not conform to regulations, such a pair of candidates shall not be allowed to register.
Article 22
When a recommending political party has made an application with the Central Election Commission to register presidential and vicepresidential candidates, the party's letter of recommendation should be attached to the application. A single party may not recommend two or more pairs of candidates; if a party has recommended two or more pairs of candidates, the registrations of those pairs that have been applied for subsequent to the first pair shall be disallowed. The total vote count of candidates recommended by the aforementioned political parties in the most recent election at the provincial (including autonomous municipality) level or above must be at least 5% of the total number of valid votes cast in that election.
Article 23
In the case of an application to register presidential and vicepresidential candidates employing the endorsement method, the would-be candidates should apply with the Central Election Commission within five days after the announcement of the election for the forms needed for obtaining lists of endorsers, and should also turn over an endorsement security deposit of NT$1 million.
At a predetermined time after the Central Election Commission has accepted the aforementioned application, it should announce that the applicants seek to be endorsees, and should request in writing that the election commissions of counties (cities) and municipalities directly under the central government accept the endorsement documentation from the applicant or the applicant's agent within 45 days from the day following the aforementioned announcement.
Citizens of the free areas of the R.O.C. who are at least twenty years old as of the date of the election announcement are eligible to be endorsers.
Within the period stipulated in the second section above, if the number of endorsers has reached at least 1.5% of the total number of voters in the most recent central government legislative election, the Central Election Commission must, at a specific time, make an announcement of completion of endorsement, issue a certificate of completed endorsement to the endorsee, and return the endorsee's security deposit.
If, within the stipulated period, the number of endorsers is not at least one-half the number stipulated in the above section, the security deposit shall not be returned.
The applicants or their agents should print rosters and seek endorsement using the endorser list forms provided by the Central Election Commission. Endorsers who are giving their endorsement must fill out an endorsement affidavit and attach a photocopy of their national identification card to which their personal seal has been affixed. A single endorser may only endorse a single pair of applicants, and the endorsement of an endorser who has simultaneously endorsed two or more pairs shall be invalid.
Within the period stipulated in the second section of this article, the applicants or their agents must present to a county (city) or municipal election commission a list of endorsers, endorsement affidavits, and photocopies of endorsers' national identification cards to which personal seals have been affixed.
After a county (city) or municipal election commission has accepted the
aforementioned endorsement documentation, it should investigate the list of
names on a sampling basis, and thereafter report the documentation and
results of investigation to the Central Election Commission. An endorser's
endorsement must be disallowed if any one of the following circumstances are
present:
The particulars of endorsement and subsequent investigations shall be determined by the Central Election Commission.
Article 24
If an application has been made to the Central Election Commission to register presidential and vice-presidential candidates via endorsements, a completed certificate of endorsement should be attached.
Article 25
If a presidential and vice-presidential election is being held concurrently with elections for other public offices, other candidateship registrations of individuals who have registered as presidential or vice-presidential candidates shall be disallowed.
Article 26
An individual may not register as a presidential or vicepresidential
candidate if any of the following circumstances is present:
The following personnel may not apply to register as a presidential or
vice-presidential candidate:
As for the currently-serving military personnel mentioned in the first item of the above section, in the case of military reservists and on-call members of the national guard, there is no restriction if they have been called up but not yet entered service or if they have been called up for educational, orderly, or review duties.
Article 28
After the list of presidential and vice-presidential candidates has been
publicly announced, if it is discovered that any candidate is or has been in
one of the following situations prior to the announcement of candidates or
prior to the election, the Central Election Commission must revoke said
candidate's registration prior to the election; if the candidate has been
elected, the Central Election Commission must sue to have the candidate's
election annulled in accordance with regulations contained in Article 95:
Article 29
If a presidential candidate dies prior to the election but after the deadline for registration is past, the authorities in charge must announce the cancellation of the election and conduct a replacement election within a specified period.
In the case of a replacement election conducted as stipulated in the above section, a completed certificate of endorsement obtained by presidential and vice-presidential candidates prior to an announcement of the cancellation of the original election is still valid for the replacement election.
Article 30
Individuals who have registered as presidential and vicepresidential candidates may not cancel their presidential and vicepresidential candidacy registrations.
In the case of individuals who have been recommended by a political party as presidential and vice-presidential candidates, the recommending party may not revoke its recommendation.
Article 31
Each pair of presidential and vice-presidential candidates must pay a security deposit at the time of registration, and the amount of this deposit shall be one-twentieth of the maximum campaign expenditures stipulated in
Article 36.
In the case that the calculation of the aforementioned security deposit includes a remainder of less than NT$1 million, this sum shall not be included.
The aforementioned security deposit shall be returned within ten days after the names of the winning candidates are announced. However, the deposit shall not be returned to candidates who receive a number of votes less than 5% of the total number of voters.
Division 4---Election Announcements
Article 32
The election commissions must issue various types of announcements during
the following stipulated time periods:
Article 33
Voting for the presidential and vice-presidential election must be completed 30 days prior to the date the president and vice president complete their terms. However, the voting date for a replacement election, replacement voting, or by-election is not subject to this restriction.
Division 5---Campaign Activities
Article 34
The period for campaign activities for the presidential and vicepresidential election shall be 28 days in length.
The aforementioned campaign period shall be calculated to the day prior to the day of the election; the daily times for beginning and ending campaign activities shall be set by the Central Election Commission.
Article 35
Candidates or political parties may not accept the following types of campaign contributions:
Candidates, political parties, or candidates' supporters may not raise campaign funds from unspecified persons by issuing bonds or other valuable securities, whether fixed period or unfixed period, with interest or without interest.
Article 36
The maximum sum of campaign expenditures of a single pair of candidates shall be set by the Central Election Commission, and shall be announced simultaneously with the announcement of the election.
The aforementioned maximum sum of campaign expenditures shall be determined by multiplying 70% of total population of the free areas of the R.O.C. by a basic sum of NT$15 and then adding NT$8 million to the product.
If a remainder of less than NT$1000 is obtained when calculating the maximum campaign expenditures, the remainder shall be considered to be NT$1000.
Article 37
Each pair of candidates must establish a single unified account book of campaign income and expenditures to be used for investigatory and auditing purposes; this account book should be filled out and kept by a certified public accountant appointed by the candidates.
Within 30 days following the day of the election, the candidates must attach a final accounting report of election income and expenditures to the aforementioned account book and submit the same to the Central Election Commission in order to report the final accounting of campaign income and expenditures; this report should be sealed with the chop of the candidates and their appointed certified public accountant.
If examination of evidence leads the Central Election Commission to suspect that the reported campaign income and expenditures are false, it may request receipts of income and expenditures or other documentary materials.
Receipts of campaign income and expenditures and other documentary materials should be kept for six months after the time of reporting. However, these materials should be kept for three months after the delivery of a verdict if a lawsuit occurs.
The Central Election Commission should compile relevant report materials into book form within 45 days after it has received candidates' final accounting reports of campaign income and expenditures, and a government bulletin should be published.
Article 38
From the time of announcement of an election until 30 days after the election, the expenditures of each pair of candidates for campaign-related purposes should be less than the maximum sum of campaign expenditures stipulated in Article 36; after subtracting contributions received, the remaining expenditures should be reported on the candidates' income tax reports as a itemized deduction for the fiscal year.
Contributions from individuals to candidates for campaign expenses should not exceed NT$10,000; contributions from for-profit enterprises should not exceed NT$300,000.
The total of campaign contributions received by each pair of candidates should not exceed the maximum sum of campaign expenditures stipulated in Article 36.
When an individual is reporting income taxes, the aforementioned contributions may be listed among itemized deductions for that year; in the case of for-profit enterprises, such contributions must be listed as expenses or losses for that year.
For-profit enterprises that have experienced losses for three or more consecutive years are not permitted to make campaign contributions.
Article 39
If the number of votes received by a pair of candidates is at least one-third the number of votes received by the winning candidates, the government shall provide a subsidy for campaign expenses amounting to NT$30 for each vote received. However, the maximum subsidy must not exceed the maximum sum of campaign expenditures.
The campaign expenditure subsidy given to candidates recommended by a political party should be collected by the recommending political party.
Article 40
Each pair of candidates should establish a campaign office during the period set aside for campaign activities. In the case that candidates have established two or more campaign offices, apart from the main office for which the candidates personally serve as executives, management of other offices should be the responsibility of dedicated personnel appointed by the candidates.
In addition, the address of each campaign office and the names of office executives should be registered with the Central Election Commission.
Candidates' campaign offices should not be set up at schools, organizations, government agencies, other locations that are often used for voting or counting votes, or other public venues.
Article 41
The Central Election Commission should collect the ballot order, photograph, name, birth date, sex, birthplace, recommending political party, educational background, curriculum vitae, occupation, and residential address of each of each presidential and vice-presidential candidate, along with election-related regulations, and compile a public election bulletin.
The aforementioned candidate information should be turned over to the Central Election Commission when the candidates register.
It shall be the candidates' own responsibilities to provide personal information concerning themselves. Candidates' personal information shall not be publicly issued if it is already known or discovered after investigation by the Central Election Commission to be false.
Except for candidates who have been recommended by a political party and who should make known the name of the recommending party, all other candidates should leave blank the space provided for endorsing political party.
Election bulletins should have arrived at the homes of electoral district residents two days prior to the election date, and should also be affixed to various public areas.
Article 42
With regard to the presidential and vice-presidential election, the Central Election Commission should use public funds to provide times on national broadcast television channels for the candidates to make known their political views. Each appearance of each pair of candidates should not be less than 30 minutes, and the appointed television station has no right of refusal.
Specific procedures for these appearances shall be determined by the Central Election Commission.
With the consent of two or more pairs of candidates, an individual or organization may conduct national debates carried on broadcast television.
Television stations should consent to broadcast such debates, and should apply with the Central Election Commission for a subsidy to cover expenses.
The aforementioned televised debates shall be limited to three in number, and the time allotted to each person shall be limited to 30 minutes. Televised debates for vice-presidential candidates should be conducted in a like manner, but should be limited to one occasion.
The content of the aforementioned debates and political view forums shall be the responsibility of the candidates themselves.
Article 43
Any campaign-related publicity materials produced by candidates and containing words or pictures should be personally signed by the candidates; such materials should not be posted other than at the candidates' campaign offices and on publicity trucks.
If candidates hang or erect any publicity materials such as posters, billboards, banners, or streamers, such materials should not interfere with public order or traffic safety, and should be removed by the candidates within seven days following the election; violators shall be prosecuted according to pertinent regulations.
Article 44
During the campaign period, political parties should assist the candidates they have recommended by printing publicity materials containing words and pictures, and by hanging and erecting such items as posters, billboards, banners, and streamers.
Publicity materials produced by a political party should record the name of that party; such materials should not be posted other than at the candidates' campaign offices and on publicity trucks.
Publicity materials such as posters, billboards, banners, or streamers hung by a political party are subject to the regulations contained in the second section of Article 43.
Article 45
The campaign rhetoric of candidates and their campaign assistants must not have the following
effects:
Article 46
Political parties and candidates and their campaign assistants may not engage in the following
types of behavior:
Article 47
Neither political parties nor any individuals may conduct any campaign activities on the day of the election.
Neither political parties nor any individuals or their representatives may issue any opinion survey materials concerning candidates or the election within ten days of the day of the election.
Division 6---Voting and Counting Votes
Article 48
With regard to the presidential and vice-presidential election, voting locations should established at schools, government agencies, public venues, and other suitable places in accordance with the distribution of voters.
Voting locations shall become vote-counting locations upon the completion of voting, and votes shall be counted by calling out names in front of all present. After the counting of votes is completed, the executive manager and executive supervisor of each vote-counting location shall thereupon make a written announcement of the results of vote counting. Apart from being posted at the door of the vote-counting location, duplicate voting and vote count reports with the same content shall be signed on the spot and turned over to political parties that had recommended candidates or to personnel appointed by candidates that had not been recommended by political parties.
If the vote count results announcement of any vote-counting location is different from the corresponding voting and vote count reports, the content of the voting and vote count reports shall be taken as a standard.
Article 49
Voting and vote-counting locations shall establish one executive manager and several managers; these personnel shall be appointed by the election commissions of counties (cities) and municipalities directly under the central government, and shall be responsible for carrying out voting and vote-counting tasks.
Article 50
Voting and vote-counting locations shall establish one executive supervisor and several supervisors for the purpose of supervising voting and vote counting.
The aforementioned supervisors shall be recommended by the various pairs of candidates in equal numbers to comprise the number of personnel needed, and shall be approved and dispatched to voting and vote-counting locations by county (city) and municipal election commissions. However, in the case of candidates that have been recommended by political parties, the recommendation of supervisors shall be the responsibility of the respective party.
Candidates or political parties should select voting and vote-counting locations for the supervisors they have recommended so that they may supervise voting and vote counting.
If the number of appointed supervisors exceeds the stipulated number of supervisors at a particular voting or vote-counting location, lots shall be drawn to resolve the situation.
Except in cases when all candidates belong to a single party, supervisors at voting and vote-counting locations shall not all be affiliated with a single party. In cases when all supervisors are affiliated with a single party, lots shall be drawn to reassign them.
Executive supervisors and supervisors needed to make up for shortfalls in recommended
supervisors shall be selected by county (city) and municipal election commissions from among
the following persons:
The recommendation and service norms of supervisors shall be determined by the Central Election Commission.
Article 51
Election ballots should be produced and issued by the election commissions of counties (cities) and those municipalities directly under the central government. Ballots should include the ballot numbers, names, and photographs of each pair of presidential and vice-presidential candidates.
In addition, party affiliation should be noted in the case of candidates recommended by political parties.
On the day prior to the day of the election, the aforementioned ballots should be distributed to the executive manager and executive supervisor of each voting location and counted in front of all present.
Article 52
When voting takes place, voters shall mark on their ballot a circle in the column allocated for that purpose to indicate the pair of candidates they have selected; the voters must use instruments for marking circles made and provided by the election commission.
After voters have marked a circle to indicate their selection, they must not show the content of their ballot to others.
Article 53
A ballot is invalid in any of the following circumstances:
The aforementioned invalid ballots should be declared invalid by the vote-counting location's executive manager in conjunction with the executive supervisor. If there is dispute over a ballot, the entire body of supervisors shall decide the matter by voting; if this vote results in an equal number of "for" and "against" votes, the ballot should be considered valid.
Article 54
If a person exhibits one of the following types of behavior at a voting location or vote-counting
location, the person should be ordered to leave the premises by the executive manager in
conjunction with the executive supervisor:
If a voter has been ordered to leave the premises due to one of the above types of behavior, any ballot in that person's possession should be taken back, and the matter should be recorded under that person's name on the list of voters. In the case of a serious incident, a special written report should be submitted to the relevant election commission.
Article 55
If a natural disaster or other irresistible act of god is encountered during voting or vote counting and makes it impossible to vote or count votes, the executive manager of the voting or vote-counting location should inform the county (city) or municipal election commission, which shall in turn seek the Central Election Commission's permission to change the date or location of voting or vote counting.
Division 7---Election Results
Article 56
The pair of candidates receiving the greatest number of votes shall be considered elected. A repeat election shall be held at a specified time in the case of two or more pairs of candidates receiving an identical number of votes. If there is only a single pair of candidates in the election, they shall only be considered elected if they receive at least 20% of the total number of votes. A replacement election shall be held at a specified time if no candidates are elected.
Article 57
If a vice-presidential candidate has died, but the presidential candidate of the same pair of candidates wins the election, it shall be considered that the vice presidency is vacant.
If either a president- or vice president-elect dies before taking office, or it has been determined that their election is invalid, it shall be considered that the office is vacant.
If both president- and vice president-elect die before taking office, or it has been determined that their election is invalid, it shall be considered that they are both offices are vacant, and a replacement election shall be held at a specified time.
Article 58
The president- and vice president-elect shall take office on the day that the terms of the previous president and vice-president are completed. If the candidates elected through a replacement election or replacement voting are unable to take office on the date that the terms of the previous president and vice-president are completed, their term office shall nevertheless be considered to have begun on that date.
Article 59
The president and vice president's certificates of election shall be produced and issued by the Central Election Commission. The vice president's certificate of election in the case of a by-election held when the vice presidency is vacant shall be produced and issued by the National Assembly. Division 8---By-Elections for a Vacant Vice Presidency
Article 60
The president shall nominate a candidate within three months after the vice president's office has become vacant, and convene the National Assembly to hold a by-election.
Article 61
A vice president selected through a by-election held by the National Assembly should take office within 20 days of the date of the election.
Chapter Four---Recalls
Article 62
The National Assembly must announce the establishment of a presidential or vice-presidential recall when the recall has been proposed by one-fourth and supported by two-thirds of the membership of the National Assembly.
Within ten days of the aforementioned announcement of the establishment of a recall, the National Assembly should submit to the Central Election Commission the recall document together with a statement of cause for the recall and the written response of the person being recalled.
Article 63
Within 20 days of the day following receipt of the statement of
cause for the recall and the written response of the person being
recalled, the Central Election Commission should make an
announcement containing the following items:
Article 64
Beginning with the date the recall is announced, no one may engage in publicity activities supporting or obstructing the recall.
Article 65
Voting for the recall must take place within 60 days from the day after the Central Election Commission has received the statement of cause for the recall and the written response of the person being recalled. However, the recall may not be held simultaneously with another type of election.
Article 66
Two columns with the words "I agree to this recall." and "I do not agree to this recall." should be printed on recall ballots; the ballots are to be marked with circles by voters using the instruments provided by the relevant election commission.
Voters must not show to others the content of their marked ballots.
Article 67
Matters concerning recall voters, voting, and vote counting shall be governed by the regulations in this law pertaining to election voters, voting, and vote counting.
Article 68
As long as more than one-half the total number of voters in the free areas of the R.O.C. have cast their vote, the recall shall have passed if more than one-half the total number of valid votes indicate agreement with the recall.
Article 69
After voting has been conducted for the recall, the Central Election Commission must announce the result of the recall within seven days of the conclusion of voting. If the recall has been passed, the person being recalled shall be relieved of his or her duties from date the result is announced.
Article 70
If a recall is passed, the recalled person may not register as a presidential and vice-presidential candidate for four years from the day they were relieved of their duties. This shall also be the case for persons who resign following the announcement of the establishment of their recall.
Chapter Five---Punishment for Obstructing Elections and Recalls
Article 71
Those guilty of violating regulations contained in Section 1, Article 45 shall be sentenced to imprisonment for no less than seven years; those guilty of violating regulations contained in Section 2 of the aforementioned article shall be sentenced to imprisonment for no less than five years; those guilty of violating regulations contained in Section 3 of the aforementioned article shall be sentenced to punishments contained in relevant laws.
Article 72
Those taking advantage of election, campaign, or candidate endorsement activities to publicly assemble a crowd and engage in behavior that is violent or harmful to social order shall be sentenced to imprisonment for no less than seven years; the ringleader of such activities shall be sentenced to life imprisonment or imprisonment for no less than ten years.
Those found guilty of an attempted offense shall also be punished.
Article 73
When an election or recall is being conducted, those who scheme to obstruct said election or recall by using violence or threats against civil servants carrying out their duties shall be sentenced to imprisonment for no more than five years.
If the commission of the aforementioned offenses results in the death of a civil servant, the guilty person(s) shall be sentenced to life imprisonment or imprisonment for no less than seven years; if such offenses result in severe injury, the guilty person(s) shall be sentenced to imprisonment for no less than five and no more than ten years.
Article 74
In the case of persons assembling a crowd and committing the aforementioned offenses, on-the-spot accessories shall be sentenced to imprisonment for no more than three years, forced labor for no more than 60 days, or pay a fine of no more than NT$300,000. The ringleader and those guilty of personally committing acts of violence and coercion shall be sentenced to imprisonment for no less than three and no more than ten years.
If the commission of the aforementioned offenses results in the death of a civil servant, the ringleader and those guilty of personally committing acts of violence and coercion shall be sentenced to life imprisonment or imprisonment for no less than seven years; if such offenses result in severe injury, the guilty person(s) shall be sentenced to imprisonment for no less than five and no more than twelve years.
Article 75
If a candidate violates regulations concerning accepting campaign contributions contained in items 1 or 2 of Section 1, Article 35, the candidate shall be sentenced to imprisonment for no more than five years. Those guilty of violating regulations concerning accepting campaign contributions contained in items 3 or 4 of Section 1 of the aforementioned article shall be sentenced to imprisonment for no more than one year, forced labor for no more than 60 days, or fined no more than NT$100,000.
If a candidate or campaign assistant violates regulations contained in Section 2, Article 35, they shall be sentenced to imprisonment for no more than five years.
If an executive or representative of a political party, the agent of a party or candidate, or the employee of a party or candidate is guilty of offenses stated in Section 2 and the former part of Section 1, they shall be sentenced according to regulations contained in these sections, and the candidate or political party involved shall be fined no less than NT$100,000 and no more than NT$500,000. If persons are found guilty of offenses stated in the latter part of Section 1, the candidate or political party involved shall be fined no more than NT$100,000.
If persons are found guilty of offenses stated in sections 1 and 3, the money or property they have received as contributions shall be confiscated; if it is not possible to confiscate some or all of said contributions, an equivalent sum of money shall be demanded.
Article 76
If anyone solicits, pays, or arranges to transmit at a specified time a bribe or other illicit benefits to or from a candidate or a person possessing a candidate's qualifications, and furthermore expects said candidate to abandon the election or campaign for a specified candidate, said person shall be sentenced to imprisonment for no more than five years and shall, in addition, be fined no less than NT$600,000 and no more than NT$6,000,000.
If a candidate or a person possessing a candidate's qualifications solicits, pays, or arranges to transmit at a specified time a bribe or other illicit benefits, and agrees to abandon the election or campaign for a specified candidate, the punishment shall be the same.
If persons are found guilty of offenses stated in Section 1, any bribes solicited, paid, or arranged to be transmitted at a specified time shall be confiscated whether or not they belong to the guilty persons. If persons are found guilty of offenses stated in Section 2, any bribes accepted shall be confiscated; if it is not possible to confiscate some or all of these bribes, an equivalent sum of money shall be demanded.
Article 77
Anyone who engages in any one of the following types of behavior
employing violence or coercion shall be sentenced to imprisonment
for no more than five years:
Those found guilty of an attempted offense shall also be punished.
Article 78
If anyone solicits, pays, or arranges to transmit at a specified time a bribe or other illicit benefits to individuals with voting rights, and expects that they forgo their right to vote or vote in a certain manner, this person shall be sentenced to imprisonment for not more than five years and must pay a fine of no less than NT$400,000 and no more than NT$4,000,000.
Anyone who has prepared to commit an offense mentioned in the previous section shall be sentenced to imprisonment for no more than one year.
Any bribe that has been solicited, paid, or is to be transmitted at a certain time, including bribes prepared for such purposes, shall be confiscated whether or not it belongs to the guilty persons.
If a person who has committed offenses stated in sections one and two above voluntarily surrenders within six months after the offense, they shall be exonerated or have their punishment reduced.
If a person who has committed offenses stated in sections one and two above confesses while being investigated, their punishment shall be reduced; if a candidate is charged as an accomplice as the result of such a confession, the person shall be exonerated or have their sentence reduced.
Article 79
A person who engages in any of the following types of behavior
shall be sentenced to imprisonment for no more than five years and
fined no less than NT$500,000 and no more than NT$5,000,000:
A person who has prepared to commit an offense stated in the above section shall be sentenced to imprisonment for no more than one year.
Any bribes solicited, paid, or arranged to be transmitted at a specified time, or prepared for such activities, shall be confiscated whether or not they belong to the guilty persons.
Article 80
A person who seeks to profit by serving as a middleman in the situations described in the various items of sections one and two of Article 76; Section 1, Article 78; and Section 1, Article 79 shall be sentenced to imprisonment for no less than one year and no more than seven years, and fined no less than NT$500,000 and no more than NT$5,000,000.
Those found guilty of an attempting the aforementioned offenses shall also be punished.
Article 81
A person who seeks to cause a candidate to be elected or not be elected and employs writing, pictures, audio recordings, video recordings, performances, or other methods to spread rumors or disseminate falsehoods, thereby causing harm to the public or other persons, shall be sentenced to imprisonment for no more than five years.
Article 82
A person who violates the regulations contained in Section 2, Article 52 or Section 2, Article 66, or engages in one of the types of behavior listed in Section 1, Article 54, and, in addition, fails to leave the premises when ordered to do so, shall be sentenced to imprisonment for no more than two years, made to perform forced labor for no more than 60 days, or fined no more than NT$200,000.
Article 83
If one of the following types of situations arise during a recall,
one-the-spot accessories shall be sentenced to imprisonment for no
more than one year, made to perform forced labor for no more than
60 days, or fined no more than NT$100,000; the ringleader and
accomplices who personally commit crimes shall be sentenced to
imprisonment for no more than five years:
Article 84
A person who removes their election or recall ballot from the voting location shall be sentenced to imprisonment for no more than one year, made to perform forced labor for no more than 60 days, or fined no more than NT$1,500.
Article 85
A person who seeks to obstruct or interfere with voting or vote counting, and detains, destroys, hides, exchanges, or seizes a ballotbox, election ballot, recall ballot, voter list, voting report form, vote-count report form, vote-count statistics, or vote-marking instrument, shall be sentenced to imprisonment for no more than five years.
Article 86
A Candidate who violates regulations contained in Section 2, Article 37 by failing to report or not reporting in a legal manner campaign income and expenditures, or violates Section 3, Article 37 by failing to provide receipts of income and expenditures or related documentary materials, shall be fined no less than NT$100,000 and no more than NT$500,000, and shall also be required to make a financial report or provide requested materials within a specified period; candidates who fail to do so in a timely manner shall be punished according to the number of offenses.
Any political party, legal representative, or individual who violates regulations contained in Section 2, Article 47, or any candidate who knowingly reports campaign income and expenditures in a false manner, shall be fined no less than NT$500,000 and no more than NT$2,500,000.
Article 87
A person who violates regulations contained in sections 1 or 4 of Article 37; Section 1, Article 43; or Section 2, Article 44 shall be fined no less than NT$10,000 and no more than NT$100,000.
A person who violates regulations contained in Section 2, Article 40; Article 46; Section 1, Article 47; or Article 64, and fails to desist when requested to do so by supervisory personnel, shall be fined in the aforementioned manner.
A person who places an article other than an election or recall ballot in a ballotbox, or purposely destroys their election or recall ballot, shall be fined no less than NT$5,000 and no more than NT$50,000.
Article 88
A person who commits offenses stated in Section 1, Article 143 of the Criminal Law Code or Section 2, Article 76 of this law and voluntarily confesses within three months of the offense shall be exonerated; if said person confesses three months or more after the offense, they shall be exonerated or have their sentence reduced. A person who confesses during investigation or trial shall have their sentence reduced.
A person who seeks to cause others to be falsely accused and fabricates information to do so, but who voluntarily confesses in the aforementioned manner, shall be prosecuted according to criminal law regulations concerning false accusations.
Article 89
In the case that offenses stated in this chapter are committed and other laws are found to stipulate more severe sentences, sentencing shall be based on such other laws.
Personnel who are working to conduct an election or recall and who take advantage of the privileges, opportunities, or activities of their work to purposely commit an offense stated in this chapter shall have their sentence increased by one-half.
A person who commits offenses stated in this chapter or in Chapter Six of the Criminal Law Code concerning the obstruction of voting shall be sentenced to imprisonment and deprived of their civil rights.
Article 90
The procurator general of the Supreme Court shall lead various levels of attorneys general in performing investigations by district of a presidential and vice-presidential election or recall; said attorneys general must actively provide information concerning cases of obstruction of the election or recall, must accept information, legal complaints, and confessions concerning such cases from agencies, organizations, or individuals, and must immediately begin an investigation in such instances.
When investigating the aforementioned cases, the attorney general shall command the judicial police to perform the investigation in accordance with regulations in the Criminal Suits Law, Statute Governing the Allocation Judicial Police, and other relevant laws.
Article 91
If a person commits offenses stated in this chapter or in Chapter Six of the Criminal Law Code concerning the obstruction of voting, any court trying such a case should complete the trial within six months.
Chapter Six---Election and Recall Lawsuits
Article 92
If an election or recall is carried out in an illegal manner by the responsible agencies, and the illegalities are considered sufficient to have influenced the result of the election or recall, the attorney general, candidate, person being recalled, or persons proposing the recall should initiate a suit claiming the election or recall to be invalid in the court with jurisdiction over the case within fifteen days of the issuing of the list of successful candidates or the recall voting results report; this suit should name the agencies responsible for carrying out the election or recall as defendants.
Article 93
In the case of a suit claiming an election or recall to be invalid, the election or recall shall be declared invalid if the court's verdict confirms the suit, and a replacement election or recall shall be held at a specified time. If an illegality involving the election or recall is partial in extent, that part of the election or recall shall be declared invalid, and replacement voting shall be held at a specified time in order to make up for the invalid part. However, this regulation does not apply if the invalid part of the election or recall clearly is obviously not sufficient to affect the overall result.
Article 94
In any of the following circumstances involving elected
candidates, the attorney general, candidates, or agencies
responsible for the election or recall should initiate a suit
claiming the election results to be invalid in the court with
jurisdiction over the case within 15 days of the announcement of
election results; this suit should name the elected candidate(s)
as defendants(s):
In cases of the situations stated in each item of the above section, a verdict that the election is invalid shall not be influenced by an innocent verdict resulting from the same matter.
Article 95
If a successful candidate is found to possess any of the circumstances stated in the various items of Article 28, the attorney general, candidates, or agencies responsible for the election or recall should initiate a suit claiming the election results to be invalid in the court with jurisdiction over the case before the successful candidate's term of office has expired; this suit should name the elected candidate(s) as defendants(s).
Article 96
In the case of a suit claiming the results of an election to be invalid, the election results shall be declared invalid if a court's verdict confirms the suit.
Article 97
If an election or the results of an election are declared to be invalid, this shall not affect the successful candidate's performance of duties after taking office.
Article 98
If a recall has been passed or rejected and any of the following
types of circumstances occurs, the relevant election commission,
attorney general, person being recalled, or persons proposing the
recall should initiate a suit claiming the passing or rejection of
the recall to be invalid in the court with jurisdiction over the
case within fifteen days of the date of the issue of the recall
voting results report; this suit should name the person being
recalled or persons proposing the recall as defendant(s):
In the case of a suit claiming the rejection of a recall to be invalid, the rejection of the recall shall be declared to be invalid if a court rules that the rejection of the recall is indeed invalid, and replacement voting shall be held at a specified time.
If the passage of a recall is ruled to be invalid, the recalled person shall be reinstated.
Article 99
If voters discover that information has been fabricated in order to cause a ruling that an election is invalid, a candidate's election is invalid, a recall is invalid, or the passage or rejection of a recall is invalid, they should provide evidence and make charges to the attorney general or relevant election commission within seven days of the date of issue of the list of successful candidates or the recall voting results report.
Section 100
Election- or recall-related lawsuits shall be under the jurisdiction of the High Court of the district in which the central government is located.
Section 101
In the case of election- or recall-related lawsuits, an election tribunal shall be set up and shall try such cases on a joint consultation basis. Said tribunal shall try such cases before other lawsuits, shall conclude the cases after two hearings, and shall not accept retrials. Any court trying such cases must arrive at a decision within six months.
Article 102
Apart from as stipulated in this law, procedures for election- or recall-related lawsuits shall be governed by regulations contained in the Civil Suits Law. However, these regulations need to be employed in the case of litigants abandoning their suit, making a confession, conceding during the suit, or admitting to indisputable facts.
Chapter Seven---Supplementary Rules
Article 103
Fines stipulated by this law shall be determined by the relevant election commission; persons who fail to pay fines in a timely manner after receiving notification shall be taken to court and forced to comply.
Article 104
From the final day of candidate registration to the day following the day of the election, the National Security Bureau shall, in conjunction with other relevant agencies, maintain the security of presidential and vice-presidential candidates.
Article 105
Implementation bylaws for this law shall be drawn up by the Ministry of the Interior and submitted to the Executive Yuan for approval.
Article 106
After this law has been promulgated, the election or recall of the eighth president and vice president of the R.O.C. shall continue to refer to regulations contained in the Presidential and Vice Presidential Election and Recall Law announced on March 31, 1947.
Article 107
This law shall become effective from the day it is promulgated.