Presidential and Vice Presidential Election and Recall Act

2023-06-09
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Chapter 1 General Principles
Article 1
This Act is enacted pursuant to Article 46 of the Constitution and Paragraph One of Article 2 of the Supplementation and Amendment of the Constitution.
Election and recall of President and Vice President shall be governed by the provisions of this Act.
Article 2
Election and recall of President and Vice President shall be implemented by way of common,fair,direct and secret vote,unless otherwise prescribed.
Article 3
For the election of President and Vice President, the electoral districts shall be the free regions of the Republic of China (ROC).
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 of 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 the President and Vice President shall be a holiday.
Chapter 2 Government Agencies of Election and Recall
Article 6
Election and recall of President and Vice President shall be superintended by the Central Election Commission,and implemented by the municipal and county(city) election commissions under the direction and supervision of the Central Election Commission.However,the proposal of recall of President and Vice President and the by-election of Vice President shall be conducted by the Legislative Yuan.
The election commissions of all levels shall perform their authorities justly according to law.
Article 7
The Central Election Commission shall deal with the following affairs:
1.Issuance of public notice for election and recall.
2.Proceeding and planning of election and recall affairs.
3.The candidates' applications for registration.
4.Examination of the candidates' qualifications.
5.Planning of election and recall propaganda.
6.Organization of the candidates' TV politics presentation and TV recall meeting.
7.Supervision and inspection of election and recall.
8.Examination of the result of election and recall.
9.Fabrication and issuance of electee's certificates.
10.Subsidization of campaign funds for the candidates.
11.Other matters regarding election and recall.
Article 8
(deleted)
Article 9
The municipal and county(city) election commissions shall separately handle the following affairs:
1.Establishment and management of polling stations and ballot counting stations.
2.Printing of election and recall ballots.
3.Supervision of publication of the list of electors.
4.Printing of election bulletin.
5.Implementation of propaganda for election and recall.
6.Supervision and inspection of election and recall.
7.Other matters regarding election and recall.
The municipal and county(city) election commissions shall command and supervise the township(city/district) offices to handle the following election and recall affairs:
1.Implementation of the publication of the list of electors.
2.Implementation of the establishment and management of polling stations and ballot counting stations.
3.Selection of the staff 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 10
During the period of election and recall,the election commissions of specific levels may call the staff of the governments of specific levels to handle the related affairs.
Chapter 3 Election
Section 1 Electors
Article 11
Any citizen in free region of ROC reaching twenty years of age shall have the right of suffrage.
Article 12
A person having the right of suffrage as referred to in the preceding article,who meets any of the following conditions,is an elector:
1.He/she has been living in the free regions of the ROC for not less than six consecutive months.
2.He/she has once lived in the free regions of the ROC for not less than six consecutive months,and is now living in a foreign country holding the passport of the ROC,and has within the specified time limit handled the registration of elector with the government agency of household registration at the location of the original domicile when he/she migrated to the foreign country.
Regulations governing registration and examination of the ROC citizens who live in a foreign country and apply for returning to execute their rights of suffrage as referred to in Subparagraph 2 of the preceding paragraph shall be prescribed otherwhere by the Central Election Commission jointly with the Ministry of Foreign Affairs and the Overseas Chinese Affairs Commission.
Article 13
An elector shall vote at the polling station at the location of domicile unless otherwise prescribed.
An elector who returns from a foreign country to execute the right of suffrage shall vote at the polling station at the location of the original domicile when he/she migrated to the foreign country.
The staff of polling stations may vote at the polling station at the location of domicile or at the place of work.However,they may vote at the polling station at the place of work only if the location of domicile and the place of work are in a same municipality or county(city).Besides,if voting is held on the same day for both election of President and Vice President and for election other public officials,the location of domicile and the place of work shall be within the electoral district where the elector executes the right of suffrage for the election of other public officials.
Article 14
To take a vote, an elector shall receive a ballot by his/her ID card unless otherwise prescribed.
An elector who returns from a foreign country to execute the right of suffrage shall receive the ballot by his/her effective ROC passport.
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 evidence.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 unconformity between the name listed in the list of electors and the name recorded in 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 permitted to receive the ballot after it is confirmed by the chief administrator together with the chief supervisor.
After having received the ballot,the electors shall 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 15
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 of the President and Vice President,the election or recall of public officials,and referendum held on the same day at the same polling station.
Section 2 List of Electors
Article 16
Unless otherwise specified,the 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 excerise all their rights of suffrage at the polling station at the location of the original domicile.
The list of the electors who returns from a foreign country to execute the right of suffrage shall be compiled by the government agency of household registration at the original location of domicile when they migrated to the foreign country, and shall be marked with the alien residence address.
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 17
If the voting is held on the same day for both the election of President and Vice President and for other public officials,the list of electors may be compiled together for both elections.
Article 18
After the list of electors is compiled,the government agencies of household registration shall submit it to the municipal or county(city) election commission 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,the 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 19
After the time limit for reading the list of electors,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 public notice and correction, the list of electors shall be determined,and the municipal and county(city) election commissions shall publicize the number of electors.
Section 3 Candidates
Article 20
An elector who has lived in the free regions of the ROC for not less than six consecutive months, has set his/her domicile in the ROC for not less than fifteen years,and has completed his/her fortieth year of age may apply for being registered as the candidate for President or Vice President.
Anyone who restores the ROC nationality or acquires the ROC nationality by naturalization or the people in the People’s Republic of China or the residents in Hong Kong and Macao who are permitted to enter Taiwan may not be registered as the candidate for President or Vice President.
Article 21
The candidates for President and Vice President shall prepare the forms set forth by the Central Election Commission and the deposit to apply for registration with the Commission in conjunction. If the application is not filed for registration in conjunction,or the forms or the deposit does not meet the relevant provisions,and the application is not filed within the specified time limit,it will not be accepted.
The candidates referred to in the preceding paragraph shall be recommended by their political party or by the means of joint signature of the signers.
If it is found through examination that one or both of the candidates for President and Vice President of a same group does not meet the qualification requirements,the group of the candidates shall not be registered.
Article 22
If the application for being registered with the Central Election Commission as the candidates for President and Vice President is filed by the way of political party recommendation,a letter of recommendation stamped with the political party’s seal issued by the Ministry of the Interior shall be submitted together with the application.If two or more political parties jointly recommend a same group of the candidates,a letter of recommendation separately stamped with the political parties' seals in order shall be submitted together with the application.The same political party may not recommend two or more groups of the candidates,and if two or more groups of the candidates are recommended by the same political party,the application for registration filed later will not be accepted.
The parties mentioned in the preceding paragraph shall meet one of the following requirements:
1.In the latest election of President and Vice President,the sum of the votes of the candidates recommended by the political party referred to in the preceding paragraph shall reach not less than 5% of the total effective ballots of the election.If two or more political parties jointly recommend one group of the candidates for President and Vice President,the votes of the candidate recommended by each political party shall be calculated by dividing the votes of the candidates by the number of political parties.
2.A minimum of 5% of the votes cast in the most recent national integrated election and overseas election of central public officials or the indigenous election of central public officials prior to the publication of the election announcement.
Article 23
Those who apply for to be registered as the candidates for President and Vice President by way of joint signature shall,within five days after the public notice for election is issued,apply to the Central Election Commission to be the presentees recommended by way of joint signature and to receive a list of joint signers,and pay a deposit of NT$1,000,000.
After receiving the application referred to in the preceding paragraph,the Central Election Commission shall give a public notice at a specified time to declare the applicants as the presentees recommended by joint signature,notify the presentees to complete the joint signature within forty-five days commencing from the day after the public notice is issued,and send a written request to the municipal or county(city) election commission to accept the joint signature documents submitted by the presentees or their agent within the period of joint signature.However,in case of by-election or reelection,the documents shall be accepted within twenty-five days commencing from the day after the public notice is issued.
A citizen in the free regions of the ROC who has completed his/her twentieth year of age by the day when the public notice for election is issued may be a joint signer as referred to in the preceding paragraph.
If the number of joint signers,within the period set forth in Paragraph Two,has reached 1.5% of the total electors in the latest Presidential and Vice Presidential Election,the Central Election Commission shall give a public notice at a specified time for the completion of joint signature,grant the presentees a certificate on the completion of joint signatures and return the deposit.If the number of joint signers does not reach a half of the value prescribed,the deposit will not be returned.
The presentees or their agent shall print the list of joint signers and the affidavit in the formats prescribed by the Central Election Commission within the period of joint signature to collect signatures.Upon performing the joint signature, the joint signers shall produce a photocopy of ID card.The same signer shall only sign for one group of presentees,and if he/she signs for two or more presentees,both signatures will become invalid.
After receiving the joint signature documents referred to in the preceding paragraph,the municipal or county(city) election commissions shall perform selective examination and then report the result of examination to the Central Election Commission level by level.Under any of the following circumstances,the signature of a joint signer shall be deleted:
1.Where the joint signer does not meet the provision of Paragraph Three or Five.
2.Where the data recorded in the photocopy of the joint signer's ID card is not clear so that the name,date of birth or ID No.of the joint signer can not be identified.
3.Where the list of joint signers is not signed or sealed by the signer.
4.Where the signature of the joint signer is forged.
The joint signature documents referred to in the preceding paragraph shall be kept for three months after ballot counting.However,if any lawsuit regarding the election is raised during the period of keeping,the period shall be prolonged to three months after the judgement is determined.
Regulations governing the joint signature and examination of signatures shall be prescribed by the Central Election Commission.
Article 23-1
If one of the Presidential presentees dies within the period of joint signature,the Central Election Commission shall announce that the Presidential and Vice Presidential presentees shall cease to joint signature;if the Vice-Presidential nominee dies within the period of joint signature,the joint signature shall remain valid and the Presidential nominee shall,within three days of the fact,apply to the Central Election Commission for the replacement of the Vice-Presidential nominee and continue to solicit joint signatures.
If the Presidential nominee dies before applying for registration as a candidate after completing the joint signature,the Presidential and Vice Presidential presentees of that group shall not apply for registration as candidates.If the vice Presidential nominee dies before applying for registration as a candidate after completing the joint signatures,the Presidential nominee of this group shall propose another Vice-Presidential candidate and apply for joint registration as the Presidential and Vice-Presidential candidates.
Article 24
To apply for being registered with the Central Election Commission as the candidates for President and Vice President by the way of joint signature, a certificate on the completion of joint signature shall be submitted together with the application.
Article 25
If the voting is held on the same day for the election of President and Vice President and for election(s) of other public officials,and a person is registered as the candidates for two or more kinds of election,the registration of other public officials shall be invalid,the deposit will not be returned.
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 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;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 of Public Officials 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 amended 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
The following persons may not apply for being registered as the candidate for President or Vice President:
1.Soldier in active service.
2.Personnel handling election affairs.
3.Persons holding the nationality of a foreign country.
4.Those who shall not be registered as candidates in accordance with other prescribed laws.
If the soldier referred to in Subparagraph 1of the preceding paragraph is mustered from reserves,or has not enrolled in the army,or is mustered for education,service or drilling, he shall be exempted from the restriction.
If the election is judged by a court as invalid due to the reason prescribed in Subparagraphs 2 to 3 of Paragraph One of Article 104,elected candidates of the same group may not apply to be registered as a candidate for the by-election of President or Vice President.
Article 28
After the list of the candidates for President and Vice President is publicized through public notice,if it is found a candidate conforms to any of the following circumstances before the public notice is issued or before polling,the Central 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 provision of Article 105 shall be raised:
1.Where the candidate does not meet the qualification requirement set forth in Article 20.
2.Where the candidate conforms to any of the Subparagraphs of Article 26.
3.Where the candidate may not be registered as the candidate according to the provisions of Paragraphs One and Three of the preceding article.
4.Where the candidate may not be registered as the candidate according to the provisions of Paragraph One of Article 78.
Article 29
If one of the candidates for President dies after the deadline for registration and before the polling day,the Central Election Commission shall immediately give a public notice to stop the election,and determine another time for reelection.
For the reelection handled in accordance with the provision of the preceding paragraph,the certificates on the completion of joint signature acquired by the candidates for President and Vice President before the public notice is issued to stop the election shall also apply to the reelection.
Article 30
Persons who have been registered as the candidates for President and Vice President may not relinquish the registration.
For the registered candidates for President and Vice President recommended by political parties, the political parties may not relinquish the recommendation.
Article 31
When being registered as the candidates for President and Vice President,each group of candidates shall pay the deposit of NT$15,000,000.
The deposit referred to in the preceding Paragraph shall be returned within thirty days after the public notice of the list of electees is issued.However,the deposit will not be returned to the candidates who get votes of less than 5% of the total electors.
The subsidies for campaign funds in the preceding Paragraph which shall be deducted directly in accordance with the provisions prescribed in Paragraph Two of Article 113 shall be deducted in advance;the residual amount will be granted if there is any.
Article 32
The deposit referred to in Paragraph One of Article 23 and Paragraph One of the preceding Article shall be paid in cash,promissory note issued by financial institutions,certified check or Giro business check;the cash shall not be paid by coinage.
Article 33
The qualifications of candidates shall be determined and publicized by the Central Election Commission,and anyone who does not meet the qualification requirements may not be registered. To decide the numbering of the candidates in the determined list of candidates,the Central Election Commission shall notify each group of candidates to draw lottery publicly three days before the list of candidates is publicized.
If there is only one group of candidates,it shall be numbered the No.1,and the lottery referred to in the preceding paragraph may be exempted.
The lottery for determining the numbering of the candidates shall be conducted under the on-site supervision of supervisors.One candidate of each group shall arrive at the spot to draw lottery personally.If a group of candidates cannot arrive at the spot to draw lottery personally,someone else may be commissioned to draw the lottery on behalf by right of the power of attorney produced by the group of candidates.If a group of candidates does not attend the lottery and does not commission anyone else to draw the lottery,or does not draw the lottery after being called for three times although they are present,the Central Election Commission shall draw the lottery on behalf of the group of candidates.
Section 4 Public Notice for Election
Article 34
The election commissions shall issue various public notices pursuant to the following provisions:
1.The public notice for election shall state the type of election,electoral istricts,date of voting,and the commencing and terminating time of voting,and shall be issued one hundred-twenty days before expiration of the tenure of President and Vice President.However,this shall not apply to the date of the public notice for reelection,re-voting or by-election.
2.The public notice for registration of candidates shall be issued fifty days before the polling day,and the period of registration shall be not less than five days.However,in case of by-election or reelection,the public notice for registration of candidates shall be issued thirty-five days before the polling day,and the period of registration may not be 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 may not be less than three days.
4.The public notice of the list of candidates shall be issued one day before the campaign activities begins.
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 seven days after the polling day.
Article 35
The voting for the election of President and Vice President shall be completed thirty days before expiration of the current tenure of President and Vice President.However,this shall not apply to the completion date of the voting for reelection,re-voting or by-election.
Section 5 Election and Recall Activities
Article 36
The period of election and recall activities of President and Vice President is twenty-eight days.
The period referred to in the preceding Paragraph shall be counted backwards from the day before the polling day,and the election and recall activities hours everyday during the period are from 7:00am to 10:00pm.
Article 37
(deleted)
Article 38
The maximum of campaign fund of a same group of candidates shall be prescribed by the Central Election Commission,and publicized on the same day when the public notice for election is issued.
The maximum of campaign fund referred to in the preceding paragraph shall be the sum of the product of 70% of the total population in the free regions of the ROC multiplied by the basic amount of NT$20 plus NT$100,000,000.
If the maximum of campaign fund has a mantissa of less than NT$1000,it shall be rounded to NT$1000 by transfer method.
The total population in the free regions of the ROC referred to in Paragraph Two refers to the total population of household statistics on the final day of the sixth month before the month of polling.
Article 39
(deleted)
Article 40
The expenses relating to campaign paid by a same group of candidates within the period from the day when the public notice for election is issued to thirty days after the polling day,within the maximum of campaign funds prescribed in Article 38, subtracted by the donations accepted may be listed in the deduction of the every year upon declaration of income tax.
Article 41
If the votes gained by a group of candidates reaches not less than 1/3 of the votes of electee, their campaign expenses shall be subsidized by a rate of NT$30 per vote.However,the maximum subsidy may not exceed the maximum campaign fund of the candidates.
Subsidies for a group of candidates recommended by a political party shall be received by the political party;if two or more political parties jointly recommend one group of candidates,they shall jointly sign the receipt.
The Central Election Commission shall work out the amount of subsidy for campaign expenses of candidates referred to in Paragraph One within thirty days commencing from the day after the public notice of the list of electees is issued,and notify the candidates registered by the way of joint signature or the recommending political party to prepare the receipt and receive the subsidy from the Central Election Commission within three months.
For the candidates or political parties who do not receive the subsidy for campaign expenses within the specified time limit,the Central Election Commission shall hasten them to receive it within three months. In case they do not receive before the aforesaid time limit expires,it shall be regarded as abandonment of the subsidy.
The subsidies for campaign expenses referred to in Paragraph One which shall be deducted directly in accordance with the provisions prescribed in Paragraph Two of Article 113 shall be deducted in advance;the residual amount will be granted if there is any.
When the candidate who receives the subsidy for campaign expense has been convicted violating the rules in Article 84,Paragraph One of Article 86, Subparagraph 1 of Paragraph One of Article 87,Paragraph One of Article 89;or the election has been convicted invalid due to the violation of provisions of Subparagraph 3 of Paragraph One of Article 104,the election commission should,after receiving the letter of notification,notify the candidate to refund the received amount and the deducted subsidy for campaign expense within thirty days.If the candidate fails to refund the amount,the matter will be enforced forcibly.
Article 42
A same group of candidates may establish campaign office(s) during the period of campaign.If two or more campaign offices are established,the candidates shall be the principal of the principal office and designate dedicated personnel to take charge of the other offices,and shall register the addresses of the offices and the names of the principals with the Central Election Commission.
Candidates' campaign offices may not be established in the government agencies (institutions), schools,civil associations legally established, the places frequently used as polling stations or ballot counting stations,or other public places. However,this shall not apply to the offices of political party committees of specific levels.
Article 43
The commissioners,supervisors and staff of the election commissions of specific levels and the personnel handling election affairs in township (city/district) offices may not perform any of the following actions after the public notice for election is issued or the established recall is declared:
1.Propagating candidates via public speeches or signed recommendation or support of/opposition to recall.
2.Stage performance or campaign in person for candidates or support of/opposition to recall.
3.Propagating candidates or support of/opposition to recall during a press party or interview by media.
4.Propagating candidates or support of/opposition to recall by printing and posting the propaganda.
5.Propagating candidates or support of/opposition to recall by hanging or erecting advertising articles such as slogans,signboards,banners,or strips.
6.Propagating candidates or support of/opposition to recall via radio,television,Internet or other media.
7.Participating in parades,request for ballots or funding activities of candidates or support of/opposition to recall.
Article 44
The Central Election Commission shall collect the S/N,photos,name,date of birth,sex/gender, birthplace,way of registration,educational background,experience and political views of each group of candidates as well as relevant regulations on election and voting to compile and print the election bulletin,and may record acoustic election bulletin.
The educational background and experiences referred to in the preceding paragraph shall be described in 300 words totally,and only those who graduate from universities registered with or recognized by the competent authority in charge of education may be recognized as university graduates.Upon registration,the candidates shall submit evidential documents on their educational background; otherwise,the educational background will not be published in the election bulletin.
The candidate data referred to in Paragraph One shall be submitted to the Central Election Commission when applying for registration.
The content of political views referred to in Paragraph One may contain texts and graphics,and all candidates should have fair access to the election bulletin;the regulations for its preparation,format,printing and other related matters shall be determined by the Central Election Commission.If the content violates the provisions prescribed in Article 49,the Central Election Commission shall notify the candidate to modify it within aspecified time limit;if it is not revised within the time limit or if it still fails to comply with the regulations after revision,the parts that do not comply with the provisions shall not be published in the election bulletin.
The candidates shall be responsible for their personal data.The personal data known or proved false on duty by the Central Election Commission shall not be published in the election bulletin. For the candidates recommended by political parties,the"way of registration"column shall be filled in the name of the recommending political party plus "Recommendation",if the group of candidates for President and Vice President is recommended by two or more political parties, the sequence of the political parties' name shall be determined according to the sequence in the letter of recommendation;for the candidates registered by way of joint signature,the column shall be filled in "Joint signature".
The election bulletin shall be delivered to the families in each electoral district and separately made public on the website of the Central Election Commission and in other appropriate ways two days before the polling day.
Article 45
For the election of President and Vice President, the Central Election Commission shall provide the candidates with hours to express their political views through national wireless TV channel at public expenses,and each group of candidates shall have not less than thirty minutes every time,and the designated TV stations may not refuse.The operating regulations shall be prescribed by the Central Election Commission.
With the consent of two or more groups of candidates,an individual or association may hold a national wireless TV debate;the TV station shall undertake such debate and may apply to the Central Election Commission for subsidy.Regulations governing the application procedures,amount of subsidy,criteria and other related matters shall be prescribed by the Central Election Commission.
The TV debate for President referred to in the preceding paragraph may be held up to three times, and every time each candidate has up to thirty minutes.The TV debate for Vice President may be held similarly,but shall be held only once.
The candidates shall be responsible for the contents of the political views or debate referred to in Paragraphs One and Two by themselves.
Article 46
Broadcast TV enterprises may offer the times with charge to the political parties recommending or registering candidates or the candidates recommended or registered for campaign activities, or to the proposer or the person being recalled for propaganda of support of/opposition to recall and shall treat both of them in a fair and just manner.
The public broadcast TV station,non-profit broadcast radio station,wireless or wire TV stations may not broadcast the advertisement regarding the campaign and support of/opposition to recall.
Broadcast TV enterprises shall treat the candidates in a fair and just manner and may not perform any discrimination without just cause if any of the candidates,the proposer of recall or the person being recalled is invited for the program or is involved in the election or recall-related discourse or report.
Where any of the violations against the provisions prescribed in the preceding three paragraphs is performed by the broadcast TV enterprises,anyone may report to the election commission with the material evidence such as video tapes or audio tapes within one month after the broadcast.
Article 46-1
Any of the civil servants in the central and local government agencies of specific levels may not be engaged in any of the activities relating to campaign and propaganda during the period of election and recall activities of President and Vice President.
Article 47
The campaign or recall advertisement published or broadcast in/via the newspapers,magazines,broadcast TV enterprisesInternet and other public media shall specify the person who publishes it,the funder and other relevant information.
The matters to be contained or described in the foregoing election or recall advertisements,their contents,format and other matters to be complied with shall be determined by the Central Election Commission.
Article 47-1
Newspapers,magazines,broadcast TV enterprises, Internet service providers or other public media who publish the election or recall advertisement in the preceding article shall conduct verification and shall not accept commissions to publish, directly or indirectly,from individuals,juridical persons,organizations or institutions included in the following paragraphs:
1.Foreign citizens,juridical persons,associations or other institutions;or the juridical persons, associations or other institutions mainly composed of the members of foreign people, juridical persons,associations or other institutions.
2.Citizens,juridical persons,associations or other institutions in the People’s Republic of China, or the juridical persons,associations or other institutions mainly composed of the members of the citizens,juridical persons, associations or other institutions of the PRC.
3.Residents,juridical persons,associations or other institutions in Hong Kong and Macao,or the juridical persons,associations or other institutions mainly composed of the members of residents,juridical persons,associations or other institutions in Hong Kong or Macao.
When entrusted by others to publish election or recall advertisement in newspapers,magazines, broadcast TV enterprises,Internet service providers or other public media,it shall be verified whether the entrusting party falls under the circumstances of the preceding subparagraphs, and the entrusting party shall be asked to issue a certificate stating that it does not fall under the circumstances of the preceding subparagraph,which shall be kept by the public media.
Article 47-2
Newspapers,magazines,broadcast TV enterprises,Internet service providers or other public media shall keep a complete record of the advertisement commissioned to be broadcast,the audience and conditions set for the broadcast, and the certificate in Paragraph Two of the preceding article;such records shall be kept for a period of four years from the time the advertisements are broadcast.
The matters to be contained in the records described in the preceding paragraphtheir contents and other matters to be complied with shall be determined by the Central Election Commission.
Article 47-3
From the day when the public notice for election is issued or when the established recall is declared on the day before the polling day,if the person planning to participate in campaign,the candidate,the person being recalled,or the leading proposer of recall is aware of the publication on broadcast TV enterprises or the Internet of deepfakes of himself or herself,he or she may apply to the police for identification by completing an application form and paying a fee.
The term deepfakes as mentioned in the preceding paragraph refers to a form of technical expression that uses computer-generated or other technological methods to produce false words and actions that are sufficient to mislead others into believing that they are true.
If the person planning to participate in campaign,the candidate,the person being recalled, or the leading proposer of recall finds that the sound or video identified by the police in Paragraph One is a deepfake,he or she shall submit the identification application and a written request shall be made to the broadcast TV enterprise,Internet platform provider or Internet application service provider to handle the audio and video broadcast in accordance with the provisions of Paragraph Four and to inform the Central Election Commission.Within two days from the date of receipt of the preceding request,the broadcast TV enterprise,Internet platform provider or Internet application service provider shall comply with the following provisions:
1.Broadcast TV enterprises:Stop broadcasting the audio and video.
2.Internet platform provider,Internet application service provider:Restrict browsing,remove or take down the sound or image.
The broadcast TV enterprise,Internet platform provider or Internet application service provider shall,within six months from the date of receipt of the request referred to in Paragraph Three, retain the electronic records or webpage data of the sound and video broadcast,as well as the data of the entrusted broadcasters and the data of the Internet usage records;in the event of litigation, the retention should be extended to three months after the judgment is confirmed.
Regulations on the eligibility,procedures,formats and fees of documents and audio-visual files for application for identification,contents of identification materials issued by the police agency,and other related matters referred to in Paragraph One shall be prescribed by the Ministry of the Interior.
Article 48
The candidate,the leading proposer of recall,the person being recalled shall personally sign the election and recall promotional literatures published in text and pictures;during the period of an election or recall campaign,a political party may print and distribute promotional literatures in text and pictures for the candidates recommended by it or for the proposer of recall or person being recalled belonging to it,and the name of the political party shall be marked on the literatures; if two or more political parties jointly recommend one group of candidates,the literatures shall be marked with the names of all the political parties. The promotional literature shall only be pasted in the candidates' campaign offices and the offices of the political party(political parties) and onto the propaganda vehicles.
Propaganda materials in the preceding paragraph that are printed before the period of election and recall activities or recall and are intended to be distributed after the period of election and recall activities starts are deemed to be printed during the period of election and recall activities.
Any of the political parties and persons who hang or erect any of the advertising articles for campaign or recall such as slogans,signboards,flags or strips shall be named and shall not hang or erect those on roads and bridges,in parks, government agencies (institutions),schools or other public facilities and the pertinent land in use.However,this shall not apply to the places announced by the municipal or county (city) government for use by the candidate,the proposer of recall,the person being recalled,recommended candidate or the political party to which the proposer of recall or person being recalled belongs.
The places announced by the municipal or county (city) government shall be available evenly and reasonably;the regulations governing the use and management of such places shall be prescribed by the municipal or county(city) government.
The hanging or erection of advertising articles may not encumber the public safety or the traffic order,and such articles shall be cleared by the candidates themselves within seven days after the polling day;otherwise,the violation case will be handled in accordance with relevant laws and regulations.
The competent authority(unit) of the municipal or county(city) government shall be notified by the Central Election Commission to handle the cases violating the propaganda literature posted or advertising articles hung or erected referred to in Paragraph One or Three in accordance with the regulations.
Article 49
TThe sayings of the candidates or their electioneering personnel for campaign and the sayings of the proposer of recall,the person being recalled and persons helping recall activities may not conform to any of the following circumstances:
1.Instigating others to commit the crime of insurrection or the crime relating to foreign aggression.
2.Instigating others to destroy the social order by insurrection.
3.Offending against any other crime prescribed in criminal laws.
Article 50
None of the political parties or persons may conform to any of the following circumstances:
1.Public ampaign,electioneering or recall activities before 7:00 am or after 10:00 pm each day during the period of election and recall activities.However,this shall not apply to activities which may not hinder the life of residents or the social peace.
2.Campaign, electioneering or recall activities on the polling day.
3.Hindering the campaign or recall activities of other political parties or candidates.
4.Inviting foreigners or residents of China,Hong Kong or Macau to perform the behaviors prescribed in the Subparagraphs of Article 45.However this does not apply if the invited person is a candidate,spouse of the person being recalled, person joining stage performance or campaign in person in Subparagraph 2 of Article 45 and non-speakers participating in parades or requests for ballots in Subparagraph 7 of Article 45.
Article 51
Any of the political parties or persons may not make noise as using the speakers for campaign or recall activities.The violators shall be handled by the competent authority of environmental protection or police agencies in accordance with the relevant statutes.
Article 52
Any of the political parties or persons shall specify the unit and the host in charge of the survey,implementing time,sampling method, matrix and sample size,error and budget source regarding the publicization of the data relating to candidates and the person being recalled or election and recall survey from the day when the public notice for election is issued or when the established recall is declared until ten days before the polling day.
No publication,report,spread,commentary or quotation of election and recall materials that do not contain the above-mentioned items and other information with the appearance of a public opinion poll shall be allowed during the period mentioned in the preceding paragraph.However,this does not apply to political parties,candidates,proposers of recall,persons being recalled unless the person has made his or her own assessment.
Any of the political parties or persons may not publicize the data mentioned in the preceding two paragraphs in any manner until ten days before the polling day to the time when the voting time expires and may not report,spread,comment or quote such information.
Section 6 Voting and Ballot Counting
Article 53
For the election of President and Vice President,polling stations shall be established in government agencies(institutions),schools,public places or other appropriate places depending on the distribution of electors.
The locations of polling stations should be equipped with barrier-free facilities.If there weren't such choices,the stations should use relating auxiliary equipment or tools to assist those physically-challenged to cast their ballots. The election commission should appropriately increase the number of work force to actively help those physically-challenged people according to the status of barrier-free situation in the stations.
Except the electors, electors' children under the age of 6 and a family member or accompanying person prescribed in Paragraph Four of Article 14,anyone who does not wear the card issued by the election commission of specific levels may not enter the polling stations.However,this is not applicable to the prosecutors who need to enter the polling stations for performing duty according to law.
After the voting is finished,a polling station shall be immediately transformed into a ballot counting station 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 and paste 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 or the representatives designated by the candidates registered by way of joint signature;each political party or representative shall receive one copy only.
After the voting and ballot counting is finished, the chief administrator of the polling/ballot counting station shall,jointly with the chief supervisor,pack and seal the ballots divided into residual ballots,valid ballots and invalid ballots as well as the list of electors, sign or seal at the sealing,and transfer them to the municipal or county(city) election commission through the township(city/district) office for safekeeping.
The ballots referred to in the preceding Paragraph may not be unpacked except it is necessary to do so for the prosecutors or the court to perform duty according to law.
The ballots and the list of electors referred to in Paragraph Five shall be kept for the period prescribed below after the ballot counting is finished:
1.The residual ballots shall be kept for 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 54
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 55
Each poll and each ballot counting station shall have one chief supervisor and several supervisors to inspect the casting and opening of ballots. There shall be at least two supervisors for each poll and each ballot counting station,except where there is only one group of candidates,in which case there shall be one supervisor.
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.Each group of candidates shall recommend one candidate.However,a candidate recommended by a political party shall be recommended by the party to which he or she belongs.If two or more parties jointly recommend a group of candidates,one party shall be counted and the party first in the order of recommendation shall be responsible for handling the recommendation.
2.The recall of the President and Vice President is equally recommended by the political party to which the leading proposer of recall belongs and the person being recalled.However,if the leading proposer of recall belongs to two or more political parties,he or she shall be recommended by any of the political parties, and if the person being recalled is recommended by a political party,he or she shall be recommended by the political party to which he or she belongs.
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 55-1
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 56
The staff of the polling/ballot counting stations shall attend the lectures held by the election commissions.
Article 57
The commissioners,supervisors,and clerk of the election commissions of specific levels,the personnel handling election affairs in township (city/district) offices,and the staff of polling/ballot counting stations,who die,get disabled or injured on duty,may apply for compensation according to the relevant provisions on the corresponding positions.
For those who cannot apply for compensation according to the provision of the preceding paragraph,the compensation will be paid by the Central Election Commission.The regulation for the object,amount base,procedures of dispensing compensation and other related matters shall be prescribed by the Central Election Commission.
Article 58
The ballots shall be printed,distributed and applied by the municipal and county(city) election commissions.On the ballots there shall be the S/N, name,way of registration, and photos of each group of the candidates for President and Vice President. For the candidates recommended by a political party,the ballots shall also be printed with the name of each recommending political party plus "Recommendation"in the "way of registration" column;if two or more political parties jointly recommend a same group of the candidates,the political party names shall be printed according to the sequence in the letter of recommendation; for the candidates registered by way of joint signature,the "way of registration" column shall be filled in "Joint signature".
The ballots referred to in the preceding paragraph shall be printed by the municipal and county (city) election commissions in the format prescribed by the Central Election Commission and under the on-site supervision of the supervisors,and shall be handed to the chief administrator of each polling station one day before polling day. The chief administrator shall count and check the ballots received jointly with the chief supervisor in public.
Article 59
To take a vote,an elector shall use the tool prepared by the election commissions to check a group of candidates by marking a circle in the "select" column.
After checking the candidates,the elector may not show the ballot to others.
The tool referred to in Paragraph One shall be fabricated by the municipal and county(city) election commissions in the format prescribed by the Central Election Commission.
Article 60
Under any of the following circumstances, a ballot shall be regarded as invalid:
1.Where the ballot is not fabricated and distributed by the election commission.
2.Where the ballot is not marked for a group only according to the provision of Paragraph One of the preceding article.
3.Where the marking of the circle can not be identified that which group is selected.
4.Where the marking is altered.
5.Where the ballot is signed, stamped with a seal, pressed by a fingerprint or added by any text or sign.
6.Where the ballot is torn leading to incompleteness.
7.Where the ballot is contaminated so that it can not be identified that which group is selected.
8.Where the tool prepared by the election commission is not used.
The invalid ballot referred to in the preceding Paragraph shall be recognized by the chief administrator of the ballot counting station jointly with the chief supervisor;if any dispute arises,it shall be decided by all the supervisors by vote.If the number of positive votes is equal to that of negative votes,the ballot shall be regarded as valid.
Article 61
The chief administrator shall,jointly with the chief supervisor,drive out anyone who conducts any of the following in the polling station or ballot counting station:
1.Make noise or disturb or induce others to vote or not to vote,and do not obey the persuasion.
2.Carry weapons or hazardous goods into
the station.
3.During voting,wear or mark the flags,badges, articles or clothing of political parties, political groups,candidates,and do not obey the persuasion.
4.Disturb the staff of polling stations to ballot counting or obstruct others to visit,and do not obey the persuasion.
5.Commit any other misconduct and do not obey the persuasion.
When driving out an elector who commits any of the misconducts prescribed in the preceding paragraph,the ballot held by the elector shall be called back and the fact shall be recorded under the name of the elector in the list of electors. In case of severe circumstances,it shall be reported to the election commission.
Except for performing official duties,anyone shall not carry mobile phones or any other photography equipment into the polling stations.However,this restriction shall not apply to mobile devices that have been powered off.
Anyone shall not detect the contents of the ballot marked by any elector via any photography equipment in the polling stations.
Article 62
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 municipal or county (city) election commission shall report to the Central Election Commission for approval so as to determine another day for voting and balloting,or the municipal or county(city) election commission shall directly change the ballot counting venue 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 county(city) respectively,the municipal or county(city) election commission shall report to the Central Election Commission to change the date of voting in each municipality or county(city).When there is more than one-third of counties(cities) polling stations and ballot counting stations where the voting or ballot counting cannot be carried out, the Central Election Commission shall directly change the ballot counting date.
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 7 Result of Election
Article 63
The group of candidates who get the most votes shall be elected;if two or more groups get the same votes,the re-voting shall be carried out within thirty days commencing from the polling day.
If there is only one group of candidates, they may be elected only if they get a vote of not less than 20% of the total electors.If they fail to be elected,the re-voting shall be completed within three months commencing from the polling day.
If a presidential candidate elected in accordance with the provisions of the preceding two paragraphs dies before the public notice of the list of electees is issued,the Central Election Commission shall announce the vice presidential electee as the presidential electee,and the vice presidency shall be deemed to be vacant.
Article 63-1
If the difference between the candidates with the highest and second high number of votes is within 0.3% of the valid ballots,the candidates with the second 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 110. The ballot recounting of the sealed polling station shall be completed within forty days and the result of the ballot recounting shall be notified to the Central Election Commission.The Central Election Commission 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 should 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 applicant shall publish the polling station of the ballot recounting in written form for the application 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 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 personnel 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 shall 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 with the budget from the Central Election Commission.
Article 64
In case of death of the candidate for Vice President,if the candidate for President in the same group is still elected President,the Vice President shall be regarded as vacant.
If either the elected President or the Vice President dies before accession or the election is judged as invalid before accession,the position shall be regarded as vacant.
If the positions of President and Vice President are both regarded as vacant because the elected President and Vice President die before accession or the election is judged as invalid,the voting for reelection shall be completed within three months commencing from the day of death or from the day when the Central Election Commission receives the judgement from the court.
Article 65
The electees shall come into office on the day when the tenure of the current President and Vice President expires.If the electees elected through reelection or re-voting fail to come into office on the day when the tenure of the current President and Vice President expires,the tenure of the electees shall commence from the same day.
Article 66
The electee's certificates of President and Vice Presidents shall be fabricated and issued by the Central Election Commission.The certificate of Vice President elected through by-election shall be fabricated and issued by the Legislative Yuan.
Article 67
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,Central 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 for making up the vacancy.
The tenure of the electee announced after event as referred to in the preceding paragraph is until the day when the tenure of the original President and Vice President expires.
Section 8 By-election of Vice President
Article 68
In case of vacancy of Vice President,the President shall nominate candidates within three months for the Legislative Yuan to carry out the by-election.
Article 69
The Vice President elected by the Legislative Yuan through by-election shall come into office within twenty days after being elected.
Chapter 4 (Deleted)
Section 9 Recall
Article 70
If a proposal of recall of the President or the Vice President is proposed by not less than 1/4 and agreed by the not less than 2/3 of the total members of the Legislative Yuan, the Legislative Yuan shall announce the proposal of recall is established. However,the President or the Vice President who has not been in the position for one year may not be recalled.
Within ten days after the proposal of recall referred to in the preceding Paragraph is announced,the Legislative Yuan shall transfer the proposal,together with the statement of reasons for recall and the statement of defense raised by the person recalled,to the Central Election Commission.
Article 71
Within twenty days commencing from the day after receiving the statement of reasons for recall and the statement of defense transferred from the Legislative Yuan,the Central Election Commission shall make the following matters known to the public 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.
Article 72
During the campaign period of the recall, 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,the meeting may be dispensed with the consent of both the leading proposer of recall and the person being recalled.
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 73
The Central Election Commission shall have the voting for recall completed within sixty days commencing from the day after receiving the statement of reasons for recall and the statement of defense transferred from the Legislative Yuan.Other elections may be held at the same time during the period of recall.
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 74
The ballots for recall of President and Vice President shall be printed separately.However,for the case of recall transferred from the Legislative Yuan,if the President and the Vice President are to be recalled in the same proposal,the ballots shall be printed with the President and the Vice President listed in conjunction.
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 make the choice.
After the choice is made,the voter may not show the ballot to others.
Article 75
The provisions set forth in this Act on 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 76
A proposal of recall shall be adopted if more than a half of the total electors in the free regions of the ROC have voted and more than a half of the valid ballots agree to recall.
Article 77
After the process of voting, the Central 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 from the day when the public notice is issued.
Article 78
Where a proposal of recall is adopted,the person being recalled may not be the candidate for President or Vice President within four years commencing from the day when he/she is removed from the position;this provision shall also apply if he/she resigns after the proposal of recall is announced to be established.
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 79
Anyone who infringes the provision of Subparagraph 1 of Article 49 shall be condemned to fixed-term imprisonment of not less than seven years, anyone who infringes the provision of Subparagraph 2 of Article 49 shall be condemned to fixed-term imprisonment of not less than five years,and anyone who infringes the provision of Subparagraph 3 of Article 49 shall be punished according to penal provisions in the relevant laws.
Article 80
Anyone who utilizes the opportunity of campaign, electioneering or joint signature to gather a mob or damage 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 also be punished.
Article 81
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 82
For those who gather a mob and commit the crime prescribed in the preceding article,the onsite accessaries 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 83
(deleted)
Article 84
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 fined a sum of not less than NT$2,000,000 and not more than NT$20,000,000.
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 by the person who commits the crime prescribed in Paragraph One or the preceding paragraph,whether owned by the offender or not,shall be confiscated.
Article 85
Anyone who commits any of the following actions by assault,intimidation or other illegal method shall be condemned to fixed-term imprisonment of not more than five years:
1.Encumber another candidate's campaign or make him/her abandon the election.
2.Encumber others' providing joint signatures for a presentee according to law.
3.Encumber others' raising or agreeing a proposal of recall,or make others raise or agree a proposal of recall.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall also be punished.
Article 86
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 87
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:
1.Ask for expected promise or make the members of an association or institution not execute the right of voting or execute it in a certain way by offering properties or other undue benefits in the name of donation.
2.Ask for expected promise or make a joint signer sign or not sign for a certain presentee by offering bribes or other undue benefits.
3.Ask for expected promise or make the proposer or consenter of recall not raise or agree the proposal,or raise or agree a certain proposal of recall by offering bribes 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 88
Anyone who undertakes the affairs referred to in Paragraphs One and Two of Article 84,Paragraph One of Article 86,or Paragraph One of the preceding article to seek profit 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 attempting to commit the crime prescribed in the preceding paragraph shall also be punished.
Article 88-1
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 89
For the nomination of candidates for President and Vice President within 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 84 shall be punished in accordance with the provisions prescribed in Paragraphs One and Two of Article 84; anyone performing any of the actions prescribed in Paragraph One of Article 86 to a person with the right to vote shall be punished in accordance with the provision prescribed in Paragraph One of Article 86.
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.
Article 90
Anyone who undertakes the affairs referred to in Paragraph One to seek profit shall be punished in accordance with the previous article.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall be punished.
The provision prescribed in Article 100 shall apply mutatis mutandis to the nomination of candidates for President and Vice President 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.
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.
Article 90-1
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 91
Anyone who infringes upon the provision of Paragraph Two of Article 59 or Paragraph Three of Article 74,or conforms to any of the circumstances prescribed in the Subparagraphs of Paragraph One of Article 61 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 92
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.Gather a mob to surround the working place,office(s) or domicile/residence of presentee of joint signature,joint signer,candidate,person being recalled,the proposer or joint singer of the proposal of recall,or the personnel involved.
2.Gather a mob to encumber a presentee of joint signature, joint signer,candidate,or the person being called performing duty or a proposer or consenter's proceeding over the proposal of recall.
Article 93
Anyone who carries the received ballot for election or recall to 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 makes noise to disturb the election or induces others to vote or not to vote within 30m around the polling station,and continues such misconduct after being persuaded by the safeguard, 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 93-1
Anyone who infringes the provision of Paragraph Three of Article 61 shall be fined a sum of not less than NT$30,000 and not more than NT$300,000.
Anyone who infringes the provision of Paragraph Four of Article 61 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 94
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 95
(deleted)
Article 96
Anyone who infringes upon the provision of Article 42, Article 43, Paragraph One or Three of Article 48, or Article 72 shall be fined a sum of not less than NT$100,000 and not more than NT$1,000,000.
Any broadcast TV enterprise which infringes upon the provision of Paragraph One,Two or Three of Article 46 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 47 regarding the matters or contents to be contained or described in advertisements,or the provisions in Paragraph Five of Article 47-3,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 47-1,Paragraph One and Two of Article 47-2 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 47-3,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 50 or Article 52 shall be punished in accordance with the following provisions;in addition, anyone who fails to comply with the provisions prescribed in Article 50 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 provisions prescribed in Article 42,Paragraphs One and Two of Article 48,Article 50 or 52,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 who violate the provisions prescribed in Paragraph One or Three of Article 48,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;violate the provisions prescribed in Article 50 or 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 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 Subparagraph Two of Article 50 shall be punished.According to this provision,both the commissionerand 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 tear 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 97
The punishment condemned for a person who commits the crime prescribed in Paragraph Two of Article 84 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 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 98
The political party recommending any candidate who commits the crimes referred to in the provisions prescribed in Articles 80 to 82,Paragraphs One an d Two of Article 84 and Subparagraph 1 of Paragraph One of Article 85 or the corresponding attempted offense,the crimes prescribed in Paragraph One of Article 86,Subparagraph 1 of Paragraph One of Article 87,and Article 94,or 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$5,000,000 and not more than NT$50,000,000.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 84.
Any candidate recommended by a political party who commits the crimes against another candidate or nominated by a political party prescribed in Articles 271,277,278,302,302-1,304,305 and 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 99
If there are any provisions of severer punishment for the crime prescribed in this Chapter in other laws, such provisions shall apply.
If any of the personnel handing election and recall affairs commit 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 Subprovisons of the Criminal Code and is thus sentenced to fixed-term imprisonment shall be deprived of public rights in addition.
Article 100
For the election and recall of President and Vice President,the Prosecutor General of the Supreme Prosecutors' Office shall lead the prosecutors of specific levels 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, surrender made by the government agencies, associations or individuals,and investigate immediately and handle the cases measures with necessary measures.
The prosecutors may command the juridical police to conduct the investigation of the cases referred to in the preceding paragraph according to the provisions of the Criminal Procedure Code and the Act Governing Desptach of Juridical Police.
Article 101
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.
Chapter 6 Election and Recall Lawsuits
Article 102
If a government agency of election and recall 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 proposer 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 government agency of election and recall.
Article 103
For the lawsuit of invalid election or recall,if the invalidation judgement of the court is determined,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 conducted again at a specified time in respect of the invalid part.
Article 104
Under any of the following circumstances,the governments agencies of election and recall,the prosecutors or the candidates 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, executing the right to vote or performing duty freely by assaults,intimidation or other illegal method.
3.Where the electee conducts the action prescribed in Article 84,Paragraph One of Article 86,Subparagraph 1 of Paragraph One of Article 87 or Paragraph One of Article 89 of this Act,or Paragraph One or Two of Article 146 of the Criminal Code.
4.Where the electee conducts the action prescribed in Paragraph One of Article 86 so that the result of election is likely to be affected.
Under any of the circumstances prescribed in the Subparagraphs of the preceding paragraph,if the invalidation judgement is determined,it will not be affected by the criminal verdict of not guilty for the same cause.
Article 105
If an electee conforms to any of the circumstances prescribed in the Subparagraphs of Article 28,the government agencies of election and recall,the prosecutors or the candidates may,before the tenure of the electee expires,file a lawsuit claiming the electee’s being elected is invalid in the governing court against the electee.
Article 106
For the lawsuit claiming the electee’s being elected is invalid,if the invalidation judgement is determined,the original electee's being elected 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 107
The judgment that the election or the electee's being elected is invalid will not affect the actions taken by the original electee on duty after accession.
Article 108
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 proposers of recall may,within sixty days commencing from the day when the public notice of the 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 proposer of recall or the person being recalled:
1.Where the vote of adoption or veto is false so that the result of voting is likely to be affected.
2.Where the person being recalled or the proposer of recall prevents the persons with the right to vote or the personnel handling election affairs from executing the right to vote or performing duty freely by assaults,intimidation or other illegal method.
3.Where the person being recalled or the proposer of recall conducts the action prescribed in Paragraph One of Article 146 of the Criminal Code.
4.Where the person being recalled or the proposer of recall conducts the action prescribed in Paragraph One of Article 86 so that the result of voting is likely to be affected.
5.Where the person being recalled conducts the action prescribed in Subparagraph 3 of Paragraph One of Article 87.
For the lawsuit of invalid veto of a proposal of recall,if the invalidation judgment of the court is determined, 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 109
If an elector finds any factor that will construct 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 evidences to the prosecutor or the election commission to for prosecution.
Article 110
Election and recall lawsuits shall be exclusively governed by the High Court at the location of the Central Government.
Article 111
An Election Courtroom shall be established to hear the election or recall lawsuits 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 concluded within six months.
The courts shall investigate the necessary material evidence according to powers as hearing election or recall lawsuits.
Article 112
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.
Chapter 7 Supplementary Provisions
Article 113
The fines prescribed in this Act and Paragraph One of Article 14 of the 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 31 or from the subsidies apportioned to candidates or the political parties for campaign expenditures referred to in Article 41 if the candidates or the political parties fail to pay the fine within the specified time limit after being notified.
Article 114
Within the period from the day when the registration of candidates is finished to the next day of the polling day,the National Security Agency shall take charge of maintaining the safety of the candidates for President and Vice President in the free regions of the ROC under the assistance of the relevant government agencies Regulations governing implementation of the safety maintenance shall be prescribed by the National Security Agency.
Article 115
If the public notice of election has been issued and the proposals of recall that has been transferred to the Central Election Commission before this Act is amended and enforced, the provisions prior to the amendment shall apply.
Article 116
The Enforcement Rules of this Act shall be prescribed by the Ministry of the Interior jointly with the Central Election Commission.
Article 117
The Act shall be effective since the date of promulgation.
The amended articles revised on May 5,2006 shall be effective since July 1,2006,while the amended articles revised on May 12,2009 shall be effective since Nov 23,2009.