Taiwan, national Popular or citizens initiative [PCI] - Initiative - Referendum

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Taiwan
Political level
national
Local Name:
Initiative - Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 17. The people shall have the right of election, recall, initiative and referendum.

References: Constitution of the R.O.C., 1946 (2005)

Article 2

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

For national referendums, this Act shall apply to the following matters apart from those stipulated in the Constitution:

1. Referendums on laws.

2. Initiatives on legislative principles.

3. Initiatives or referendums on important policies.

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 10

The number of proposers for the matters prescribed in Paragraph Two of Article 2 shall be not less than one-ten thousandth of the total electors in the most recent election of President and Vice President.

After receiving a proposal of referendum or a corrected proposal, the competent authority shall finish its examination within 30 days. (..)

Article 12

For the matters prescribed in Paragraph Two of Article 2, the number of proposers shall be not less than 1.5% of the total electors in the most recent election of President and Vice President.

The list of joint signers of a proposal of referendum shall be submitted by the leading proposer to the competent authority within 6 months commencing from the day after receiving the model list of joint signers or an authentication code of the electronic joint signing system; if the leading proposer does not submit it within the aforesaid time limit, it will be regarded as abandonment of joint signature.

Article 25

The competent authority may hold a national referendum by way of absentee voting. The way to hold a national referendum by way of absentee voting shall be prescribed in a separate law.

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.

Article 32

No more proposals may be raised for the same matter within 2 years commencing from the day when the competent authority publicizes the result of voting. The judgment on the same matter shall be conducted by the competent authority.

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

Subject Matter:

To call a referendum on laws, important policies or legislative principles

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
1,5% of electorate - Initial phase: one-ten thousandth of the electorate
Available Time:
6 months
Turnout Quorum:
Valid ballots of assent are more than ballots of dissent and reach 1/4 of eligible voters
Approval Quorum:
Majority
Geographical Quorum:
None
Excluded Issues:

Article 2 (..)

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

References: Referendum Act; (2018)

Other Formal Requirements:

Article 10

The number of proposers for the matters prescribed in Paragraph Two of Article 2 shall be not less than one-ten thousandth of the total electors in the most recent election of President and Vice President.

After receiving a proposal of referendum or a corrected proposal, the competent authority shall finish its examination within 30 days.

After the process of examination, the competent authority shall notify the leading proposer to make necessary corrections once within 30 days, specifying the reasons; if the necessary corrections are not made or still do not meet the relevant provisions, the proposal shall be rejected.

1. Where the proposal does not apply to the national referendums prescribed in Article 2.

2. Where the proposal does not meet the provisions of the preceding Article.

3. Where the proposal is as described in Article 32.

4. Where the content of the proposal makes the intention of the proposal not understandable.

5. Where the number of proposers does not meet the provisions of Paragraph One.

After the process of examination, if the proposal is corrected in accordance with Subparagraphs One, Three, and Four of the preceding Paragraph, and Paragraph Six of the preceding Article, the competent authority shall hold a public hearing to clarify related disputes and help the proposers make the necessary corrections. The period of correction specified in the preceding Paragraph shall be 30 days from the end of the public hearing.

If the referendum is determined by the competent authority in conformity with the provisions, the competent authority shall request the government agencies of household registration to check the proposers within 15 days.

The government agencies of household registration shall check the list of proposers according to the household registration data, and delete a proposer under any of the following circumstances:

1. Where the proposer does not meet the qualification requirements set forth in Paragraph One of Article 8.

2. Where the name, ID card number or address of the proposer is recorded wrongly or unclearly.

3. Where the list of proposers lacks the signature or seal of the proposer.

4. Where the proposer’s name is forged.

After the process of checking, if the number of proposers does not meet the provision of Paragraph One, the competent authority shall notify the leading proposer to supplement more proposers within 30 days; if the specified number is still not reached after supplementation or the leading proposer does not supplement, the proposal shall be rejected.

If the proposal referred to in the preceding Paragraph meets the relevant provisions, the competent authority shall request the legislative and administrative government agencies depending on the nature of the proposal to bring forward a position paper within 30 days after receiving the official letter of request. If the legislative and administrative government agencies do not bring forward a position paper within the specified time limit, the position paper will be regarded as abandoned. The position paper shall be limited to 2,000 words. The part in excess of the aforesaid limit will not be publicized or published in the referendum bulletin.

If the proposal referred to in the preceding Paragraph meets the relevant provisions, the leading proposer shall, within 10 days, receive a model list of joint signers or an authentication code of the electronic joint signing system from the competent authority to collect joint signatures. If the leading proposer does not receive the model list or an authentication code within the specified time limit, it will be regarded as abandonment of joint signatures.

References: Referendum Act; (2018)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Article 13

After receiving the list of joint signers, if it is found on examination that the number of joint signers is less than that prescribed in Paragraph One of the preceding Paragraph, or the number of joint signers is inadequate after the joint signers without signature or seal are deleted, or the list is not in the format specified in Paragraph Three of the preceding Paragraph, the competent authority shall notify the leading proposer to supplement more proposers within 30 days; in case the specified number is still not reached after supplementation or the leading proposer does not supplement, the proposal shall be rejected; if it meets the relevant provisions, the competent authority shall request the government agencies of household registration to check it within 30 days.

The government agencies of household registration shall check the list of joint signers according to the household registration data, and a joint signer shall be deleted under any of the following circumstances:

1. Where the joint signer does not meet the qualification requirement set forth in Paragraph One of Article 8.

2. Where the name, ID card number or address of the joint signer is recorded wrongly or unclearly.

3. Where the list of the joint signers lacks the signature or seal of the joint signer.

4. Where the joint signer’s name is forged.

After the list of the joint signers is checked, if the number of joint signers meets the provision of Paragraph One of the preceding Article, the competent authority shall within 10 days announce the proposal of referendum is established, and the proposal shall be numbered; if the number of joint signers does not meet the provision, the competent authority shall notify the leading proposer to supplement more signatures within 30 days; if the specified number is still not reached after supplementation or the leading proposer does not supplement, the competent authority shall announce the proposal of referendum is not established.

Wording Of Ballot Question:

Article 21

On the ballots for referendum shall be printed the serial number of the proposal of referendum, the main text, and "Agree" and "Not Agree" columns, 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.

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Article 20

After it is announced a proposal of referendum is established, the proposers and the objectors may set up offices with permission to propagandize their opinions, and may collect funds to hold relevant activities; however, they may not accept donations from the following.

Regulations governing the permission and management of the offices shall be prescribed by the Central Election Commission.

1. Foreign associations, juridical persons or individuals, or associations or juridical persons mainly composed of foreign members.

2. Individuals, 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 citizens of the People’s Republic of China.

3. Residents, juridical persons, associations or other institutions in Hong Kong and Macao, or the juridical persons, associations or other institutions mainly composed of residents of Hong Kong or Macao.

4. Public enterprises or incorporated foundations receiving donations from the government.

The collector of funds referred to in the preceding Paragraph shall set an income and expenditure account book and designate accountants to take charge of accounting and safekeeping, and within 30 days after the polling day, submit a declaration form of incomes and expenditures signed by the collector and the accountants to the Central Election Commission.

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Practice

Archive:
Remarks: