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Taiwan

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
b. No, existing regional/provincial/other boundaries are used

Comments: Nationwide constituency for legislative and presidential elections.
Source: The Public Officials Election and Recall Law, art. 3; Presidential and Vice Presidential Election and Recall Law, art. 3
Last updated: 2007-02-14 16:37:51 UTC

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Hanna Berheim
b. Job Title: Research Assistant
c. Organisation: International IDEA

Last updated: 2007-01-05 16:13:45 UTC

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:
b. Optional referendum
c. Citizens' initiative
e. Recall

Comments: C:ChII:17 "The people shall have the rights of election, recall, initiative, and referendum." C:ChXI:123 "The people of the County shall, in accordance with law, exercise the rights of initiative and referendum in matters relating to county self-government and shall, in accordance with law, exercise the rights of election and recall of the Magistrate and other county self-government officials." C:ChXII:133 "A person duly elected may be recalled by his constituency in accordance with law." C:ChXII:136 "The exercise of the rights of initiative and referendum shall be prescribed by law." C:ChXIV:174 "The Constitution shall be amended in accordance with either one of the following procedures: 1. The Constitution may be amended upon the proposal of one fifth of the total number of Delegates to the National Assembly and by a resolution of three fourths of the Delegates present at a meeting with a quorum of two thirds of all Delegates to the National Assembly. 2. An amendment to the Constitution may be drawn up by the Legislative Yuan and submitted by it to the National Assembly for concurrence through referendum upon the proposal of one fourth of the Members of the Legislative Yuan and by a resolution of three fourths of the Members present at a meeting with a quorum of three fourths of all Members of the Yuan. Such a proposed amendment to the Constitution shall be publicly announced half a year before the National Assembly meets."
Source: The 1994 Constitution of Taiwan, art. 17, 123, 133, 136 and 174
Last updated: 2007-01-05 17:12:15 UTC

DD04 What is the legal basis for optional referendums at the national level?
a. Constitutional
b. Specific laws/legislation

Comments: C:ChII:17 "The people shall have the rights of election, recall, initiative, and referendum." C:ChXI:123 "The people of the County shall, in accordance with law, exercise the rights of initiative and referendum in matters relating to county self-government and shall, in accordance with law, exercise the rights of election and recall of the Magistrate and other county self-government officials." C:ChXII:136 "The exercise of the rights of initiative and referendum shall be prescribed by law." C:ChXIV:174 "The Constitution shall be amended in accordance with either one of the following procedures: 1. The Constitution may be amended upon the proposal of one fifth of the total number of Delegates to the National Assembly and by a resolution of three fourths of the Delegates present at a meeting with a quorum of two thirds of all Delegates to the National Assembly. 2. An amendment to the Constitution may be drawn up by the Legislative Yuan and submitted by it to the National Assembly for concurrence through referendum upon the proposal of one fourth of the Members of the Legislative Yuan and by a resolution of three fourths of the Members present at a meeting with a quorum of three fourths of all Members of the Yuan. Such a proposed amendment to the Constitution shall be publicly announced half a year before the National Assembly meets."
Source: The 1994 Constitution of Taiwan, art. 17, 123, 136 and 174
Last updated: 2007-01-05 17:12:15 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?
a. Constitutional
b. Specific laws/legislation

Comments: C:ChII:17 "The people shall have the rights of election, recall, initiative, and referendum." C:ChXI:123 "The people of the County shall, in accordance with law, exercise the rights of initiative and referendum in matters relating to county self-government and shall, in accordance with law, exercise the rights of election and recall of the Magistrate and other county self-government officials." C:ChXII:136 "The exercise of the rights of initiative and referendum shall be prescribed by law."
Source: The 1994 Constitution of Taiwan, art. 17, 123 and 136
Last updated: 2007-01-05 17:12:15 UTC

DD07 What is the legal basis for recalls at the national level?
a. Constitutional
b. Specific laws/legislation

Comments: C:ChII:17 "The people shall have the rights of election, recall, initiative, and referendum." C:ChXI:123 "The people of the County shall, in accordance with law, exercise the rights of initiative and referendum in matters relating to county self-government and shall, in accordance with law, exercise the rights of election and recall of the Magistrate and other county self-government officials." C:ChXII:133 "A person duly elected may be recalled by his constituency in accordance with law."
Source: The 1994 Constitution of Taiwan, art. 17, 123 and 133
Last updated: 2007-01-05 17:12:15 UTC

DD124 If free media access is provided, what are the criteria for allocating broadcast time / printing space?

Last updated: 2007-01-05 16:13:45 UTC

DD126 What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?

Last updated: 2007-01-05 16:13:45 UTC

DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level? Date (yyyy)

Last updated: 2007-01-05 16:13:45 UTC

DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)

Last updated: 2007-01-05 16:13:45 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
a. Constitutional amendments

Comments: C:ChXIV:174 "The Constitution shall be amended in accordance with either one of the following procedures: 1. The Constitution may be amended upon the proposal of one fifth of the total number of Delegates to the National Assembly and by a resolution of three fourths of the Delegates present at a meeting with a quorum of two thirds of all Delegates to the National Assembly. 2. An amendment to the Constitution may be drawn up by the Legislative Yuan and submitted by it to the National Assembly for concurrence through referendum upon the proposal of one fourth of the Members of the Legislative Yuan and by a resolution of three fourths of the Members present at a meeting with a quorum of three fourths of all Members of the Yuan. Such a proposed amendment to the Constitution shall be publicly announced half a year before the National Assembly meets."
Source: The 1994 Constitution of Taiwan, art. 174
Last updated: 2007-01-05 17:12:15 UTC

DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.

Last updated: 2007-01-05 16:13:45 UTC

DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.

Last updated: 2007-01-05 16:13:45 UTC

DD67 What restrictions, if any, are there in relation to the time period in which an individual/position can be recalled?

Last updated: 2007-01-05 16:13:45 UTC

DD70 If a separate ballot to replace an individual who has been recalled takes place, how soon after the recall ballot is it held?

Last updated: 2007-01-05 16:13:45 UTC

DD72 How many verified signatures are required to start the formal decision-making stage for an abrogative referendum (optional)? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.

Last updated: 2007-01-05 16:13:45 UTC

DD73 How many verified signatures are required to start the formal decision-making stage for a rejective referendum (optional)? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.

Last updated: 2007-01-05 16:13:45 UTC

DD74 How many verified signatures are required to start the formal decision-making stage for a citizens' initiative? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.

Last updated: 2007-01-05 16:13:45 UTC

DD75 How many verified signatures are required to start the formal decision-making stage for an agenda initiative? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.

Last updated: 2007-01-05 16:13:45 UTC

DD84 How many verified signatures are required to start the formal decision-making stage for a recall? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.

Last updated: 2007-01-05 16:13:45 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Central Election Commission
b. Full Address 1 Sec. 1 Jhongsiao E. Rd Taipei 10058 Taiwan
c. Telephone 00 223565484
f. Website Address http://www.cec.gov.tw

Last updated: 2007-02-14 16:33:56 UTC

EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level
d. Other kinds of elections (church, union, etc.) Please specify.

Comments: d) Referendums.
Source: Central Election of Taiwan's homepage: http://www.cec.gov.tw/English/about.html
Last updated: 2007-02-14 16:33:56 UTC

EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years

Comments: b) For a term of three years.
Source: International IDEA (2006) "Election Management Design"
Last updated: 2007-02-14 16:33:56 UTC

EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?

Last updated: 2007-02-14 16:33:56 UTC

EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?

Last updated: 2007-02-14 16:33:56 UTC

EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?

Last updated: 2007-02-14 16:33:56 UTC

EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?

Last updated: 2007-02-14 16:33:56 UTC

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
b. Separate legislation

Source: "Public Officials Election and Recall Law"; "Presidential and Vice Presidential Election and Recall Law" covers presidential elections
Last updated: 2007-02-14 16:43:41 UTC

LF03 The national electoral law covers:
e. Other

Comments: a) There is different laws for each type of elections. The "Public Officials Election and Recall Law" covers elections to assemblies at national, regional and local level. The "Presidential and Vice Presidential Election and Recall Law" covers presidential elections.
Source: "Public Officials Election and Recall Law"; "Presidential and Vice Presidential Election and Recall Law" covers presidential elections
Last updated: 2007-02-14 16:43:41 UTC

LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary

Source: International IDEA Voter Turnout Website (http://www.idea.int/vt/)
Last updated: 2006-11-21 21:09:40 UTC

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
a. Judiciary

Source: Public Officials Election and Recall Law, art. 108
Last updated: 2007-02-14 16:43:41 UTC

Media and Elections

ME01 Please provide information about the person completing the questionnaire.

Last updated: 2007-02-14 16:22:48 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?

Last updated: 2007-02-14 16:22:48 UTC

ME13 What are the laws, if any, which govern the operations of the public broadcaster? Specify the date of the latest version (including latest amendments)

Last updated: 2007-02-14 16:22:48 UTC

ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?

Last updated: 2007-02-14 16:22:48 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?

Last updated: 2007-02-14 16:22:48 UTC

ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?

Last updated: 2007-02-14 16:22:48 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance

Source: Central Election Commission of Taiwan's homepage: http://www.cec.gov.tw/English/about.html
Last updated: 2007-02-14 16:22:48 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising X

Comments: The law does not specify any limits on paid advertising. There are however limits on how much money can be spent on the entire campaign.
Source: The Public Officials Election and Recall Law, art. 45
Last updated: 2007-02-14 16:22:48 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?

Last updated: 2007-02-14 16:22:48 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?

Last updated: 2007-02-14 16:22:48 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?

Last updated: 2007-02-14 16:22:48 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?

Last updated: 2007-02-14 16:22:48 UTC

ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections

Comments: a) The Presidential Elections law provides for three televised debates between presidential candidates. However, up to the 2004 elections, such debates had not been held. They were held at the 2004 elections.
Source: http://www.eastasia.at/vol3_1/article01.htm
Last updated: 2007-02-14 16:22:48 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?

Last updated: 2007-02-14 16:22:48 UTC

ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
f. 10 or more days

Comments: The publication of opinion polls during the last ten days of the official campaign period is illegal.
Source: http://www.eastasia.at/vol3_1/article01.htm
Last updated: 2007-02-14 16:22:48 UTC

Vote Counting

VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations

Source: Central Election Commission homepage: http://www.cec.gov.tw/English/about.html
Last updated: 2007-02-09 15:49:15 UTC

VC16 If preliminary results are announced, how long after the close of polls is this done?

Last updated: 2007-02-09 15:49:15 UTC

Voting Operations

VO04 Who can vote from outside the country?
a. Outside the country voting is not permitted

Source: International IDEA research, January 2007
Last updated: 2007-02-02 10:02:15 UTC

VO05 If voting outside the country is permitted, at what places?
g. Not applicable

Source: International IDEA research, January 2007
Last updated: 2007-02-02 10:02:15 UTC

VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?

Last updated: 2007-02-02 10:02:15 UTC

VO11 How do electors cast their votes?
a. By manually marking the ballot

Source: The Public Officials Election and Recall Law, art. 61
Last updated: 2007-02-14 16:10:58 UTC

VO12 How many staff are assigned to each polling station?

Last updated: 2007-02-02 10:02:15 UTC

VO13 Approximately how many hours of training were provided to the presiding polling officer for the most recent national elections?

Last updated: 2007-02-02 10:02:15 UTC

VO14 Approximately how many hours of training were provided to the other polling officials for the most recent national elections?

Last updated: 2007-02-02 10:02:15 UTC

Voter Registration

VR01 What is the legal voting age in the national elections?
e. 20

Comments: 20 years
Source: Central Election Commission homepage: http://www.cec.gov.tw/English/about.html
Last updated: 2007-02-09 16:00:49 UTC

VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
b. Period of Residence

Comments: b) Voters who have resided in their respective constituencies for at least four months, and are not been declared incompetent, are entitled to vote.
Source: Central Election Commission homepage: http://www.cec.gov.tw/English/about.html
Last updated: 2007-02-09 16:00:49 UTC

VR04 Which is the authority responsible for the registration of voters for national elections?
c. Local Government Authority

Comments: The Public Officials Election and Recall Law, art. 23: "The electoral register shall include number, name, sex, date of birth and address of household registration and shall be complied by the household office of Township (City, District) based on the household registration books."
Source: The Public Officials Election and Recall Law, art. 23
Last updated: 2007-02-09 16:00:49 UTC

VR08 Is it compulsory to be on the voters register?
b. No

Source: Central Election Commission homepage: http://www.cec.gov.tw/English/about.html
Last updated: 2007-02-09 16:00:49 UTC

VR09 Approximately what percentage (on the basis of cost) of registration supplies and equipment are obtained or produced within the country?

Last updated: 2007-02-09 16:00:49 UTC

May 20, 2008 08:20 AM