CEC clarifies recall rules amid legislative rejection

TAIPEI (TVBS News) — The Central Election Commission (CEC, 中央選舉委員會) clarified on Tuesday (Feb. 11) that recall proposals submitted before the implementation of amendments to the "Public Officials Election and Recall Act" (選罷法) will adhere to the previous regulations.

This decision comes after the Legislative Yuan (立法院) rejected an Executive Yuan (行政院) proposal to reconsider amendments to the act, which Kuomintang (KMT, 國民黨) legislator Weng Hsiao-ling (翁曉玲) said requires a second-stage petition to include identification cards once the new law is announced.

The commission emphasized that all stages of the recall process, including petitions and voting, will follow the old law for proposals applicable under it. Conversely, proposals under the new law will follow the new regulations. The commission also stated that the timing of signing a recall proposal falls under freedom of expression, a view supported by the Ministry of the Interior (MOI, 內政部) and judicial practices.

According to Article 75, Paragraph 1 of the "Public Officials Election and Recall Act", officials cannot be recalled within their first year in office, and proposers must wait until an official has been in office for one year before initiating a recall. The commission also noted no legal restrictions on the petition period for proposers, indicating no need for additional limitations.

The CEC cited the Taipei High Administrative Court's (台北高等行政法院) previous ruling in the recall case of former Kaohsiung Mayor Han Kuo-yu (韓國瑜) as an example, stating that the "no recall" clause refers to officials not being subject to recall proposals within their first year in office. Observers now watch for how these clarifications and rulings will impact future recall efforts.