Taiwan, local Popular or citizens initiative [PCI] - Referendum

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Taiwan
Political level
local
Local Name:
Referendum
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

Article 2

The "referendums" described in this Act includes national referendums and local referendums.

(..)

For local referendums, this Act shall apply to the following matters:

1. Reference to laws and regulations on local autonomy.

2. Initiatives on legislative principles for laws and regulations on local autonomy.

3. Initiatives or reference of important policies regarding local autonomy.

No proposal of referendum may be raised for any matters regarding budgeting, taxation, salary and personnel affairs. 

Article 3

The competent authority for national referendums is the Central Election Commission, which is responsible for directing and supervising municipal or county (city) election commissions.

The competent authority for local referendums is the corresponding municipal government or county (city) government.

During the referendum period, the election commissions of specific levels may call on the staff of the governments of specific levels and the faculty of public schools to handle related affairs. The said governments, public schools, and their assigned staff and faculty shall not refuse without due reason.

Article 8

A person having the right of referendum who has lived in a specific municipality or county (city) of the ROC for not less than 6 months may be the proposer, joint signer and voter of a proposal of a national, municipal or county (city) referendum.

(..)

Article 9

To raise a proposal of referendum, the leading proposer shall submit the main text of the proposal, a statement of reasons, the original copy and a photocopy of the list of proposers to the competent authority unless otherwise prescribed.

There shall be only one leading proposer as referred to in the preceding Paragraph, and the main text shall be limited to 100 words and the statement of reasons 2,000 words. The part in excess of the aforesaid limit will not be publicized or published in the referendum bulletin.

The list of proposers referred to in Paragraph One shall be completed column by column in the specified format with the signature or seal, the ID card number and the permanent address affixed and bound into books by municipality, county, and township (city/district).

The competent authority shall set up an electronic system for the leading proposer to solicit proposals and joint signatures; the way to solicit and examine proposals and joint signatures and the date of implementation shall be prescribed by the competent authority.

The documents relating to electronic proposals and joint signatures shall be provided by way of electronic records.

A proposal of referendum shall be raised for one matter only.

Section 2 Local Referendum

Article 26

A proposal of local referendum shall be filed to the municipal or county (city) government.

Unless otherwise stipulated in this Act, matters relating to referendums shall be prescribed by the municipal or county (city) government in autonomous regulations.

If there is any doubt whether the proposal of referendum is about a local autonomous matter, the municipal or county (city) government shall report it to the Executive Yuan for determination.

Article 27

The provisions of Articles 17 to 24 shall apply mutatis mutandis to the announcement of referendum, the printing of referendum ballots, the compilation, reading and amendment of the list of referendum voters, the compilation and printing of the referendum bulletin, the cessation of a referendum, the establishment of offices, fundraising, voting and ballot counting, and the recognition of valid ballots and invalid ballots for the proposals of local referendum.

Article 28

The documents required for the raising and joint signature of proposal of a referendum, the examination procedure and the organization of presentations or debates shall be prescribed by the municipal or county (city) government in autonomous regulations.

Article 29

With regard to the result of voting for a proposal of referendum, if valid ballots of assent are more than ballots of dissent and reach 1/4 of eligible voters, the proposal is adopted.

If valid ballots of assent are less than ballots of dissent or do not reach the quantity prescribed in the preceding Paragraph, the proposal is vetoed.

References: Referendum Act 2018 (retrieved April 12, 2018)

Subject Matter:

General rule: To call a referendum on local level

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Local electorate

Requirements

Number Of Signatures:
Autonomous regulation
Available Time:
Autonomous regulation
Turnout Quorum:
1/4 of eligible voters
Approval Quorum:
Majority
Geographical Quorum:
None
Excluded Issues:

Only matters of local autonomy. No proposal of referendum may be raised for any matters regarding budgeting, taxation, salary and personnel affairs. 

Other Formal Requirements:

Autonomous regulation

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Autonomous regulation

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: