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法規名稱(Title) Referendum Act Ch
公發布日(Date) 2003.12.31
法規沿革(Legislative) 1. The full text of 64 Articles promulgated by President Order Hua-Tsung
(1)-Yi-Tzu No.09200242031 on 31 December 2003
2. Amendment of Referendum Law revises Articles 7, 42 and 64, promulgated
with ROC President 1 Yi 09500075651 Note on May 30th, 2006
3. Article 7, 64 amended and promulgated by President Order Hua-Tsung
(1) Yi-Tzu No.09800134341 on May 27 ,2009
4. Article 35 amended and promulgated by President Order Hua-Tsung
(1) Yi-Tzu No.09800150521 on June 17 ,2009
法規內文(Content)

 

Chapter 1 General Principles

Article 1

 

This Act is enacted pursuant to the principle of popular sovereignty prescribed in the Constitution and for the purpose of ensuring the citizens' exercising their direct civil rights. For any affairs other than prescribed herein, the other relevant laws shall apply.

Article 2

 

The "referendum" called in this Act includes national referendum and local referendum.
For the national referendum, this Act shall apply to the following matters:
1. Referendum of laws.
2. Initiative of legislative principles.
3. Initiative or referendum of important policies.
4. Referendum for amendment of the Constitution.
For local referendum, this Act shall apply to the following matters:
1. Reference of the laws and regulations on local autonomy.
2. Initiative of the legislative principles for the laws and regulations on local autonomy
3. Initiative or reference of the important policies regarding the local autonomy.
No proposal of referendum may be raised for any matters regarding budgeting, taxation, investment, salary and personnel affairs.
The matters subject to referendum shall be recognized by the Referendum Review Commission (hereinafter referred to as "the Review Commission").

Article 3

 

The competent authority of the national referendum is the Executive Yuan, and the competent authority of local referendum is the corresponding municipal government or county (city) government.
During the period of referendum, the election commissions of specific levels may call the staff of the governments of specific levels to handle the related affairs.

Article 4

 

The referendum shall be implemented by way of common, fair, direct and secret vote.

Article 5

 

The funds for holding referendum shall be included in the budget of the Central Government, the municipal governments, and the county (city) governments respectively according to law.

Article 6

 

The provisions set forth in Paragraph Two of Article 4 and Article 5 of Civil Servants Election and Recall Act shall apply mutatis mutandis to the calculation of the periods prescribed in this Act.

Chapter 2 Proposer, Joint Signer and Voter

Article 7

 

Any citizen of the ROC reaching 20 years of age shall have the right of referendum, unless the declaration of guardianship has yet been revoked.

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 national, municipal or county (city) referendum respectively.
The age and period of residence of a proposer shall be calculated up to the day when the proposal is raised, the age and period f residence of a joint signer shall be calculated up to the day when the list of joint signers is submitted, and the age and period of residence of a voter shall be calculated up to the day before the polling day, and all the calculations shall be based on the household registration data.
In case of re-voting, the age and period of residence of a voter referred to in the preceding Paragraph shall be calculated up to the day before the original polling day all the same.

Chapter 3 Procedure of Referendum

Section 1 National 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 1,500 words. The excessive part out 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 filled in column by column in the specified format detailedly, and bound into books by municipality, county, and township (city/district).
A proposal of referendum shall be raised for one matter only.

Article 10

 

For a proposal of referendum, the number of proposers shall be not less than 5? of the total electors in the latest election of President and Vice President.
After receiving a proposal of referendum, the Review Commission shall finish the examination within 10 days, and shall reject it if it does not meet the relevant provisions. During the period of examination, the Review Commission shall request the government agencies of household registration to check the list of proposers within 7 days, and request the Legislative Yuan and the related government agencies depending on the nature of the proposal to bring forward a position paper within 1 month after receiving the official letter of request.
After the process of examination, if the proposal referred to in the preceding Paragraph meets the relevant provisions, the Review Commission shall hold a public hearing within 10 days to determine the contents of the proposal of referendum. After the content is determined, the Review Commission shall, within 10 days, receive a model list of joint signers from the Central Election Commission, and print the lists to collect joint signatures. If the Review Commission does not receive the model list within the specified time limit, it will be regarded as abandonment of joint signature.

Article 11

 

With the consent of not less than 1/2 of the total proposers, the leading proposer may file a written application to relinquish a proposal of referendum before the Central Election Commission gives a notice of joint signatures.
For the proposal relinquished under the preceding Paragraph, the original proposers may not raise a proposal again for the same matter within 3 years commencing from the day of relinquishment.

Article 12

 

For the matters prescribed in Subparagraphs 1, 2 and 3 of Paragraph Two of Article 2, the number of proposers shall be not less than 5% of the total electors in the latest 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 Central Election Commission within 6 months commencing from the day after receiving the model list of joint signers; if the leading proposer does not submit it within the aforesaid time limit, it will be regarded as abandonment of joint signature.
In case of abandonment deemed under the preceding Paragraph or Paragraph Three of Article 10, the original proposers may not raise a proposal again for the same matter within 3 years commencing from the day of abandonment of joint signature.

Article 13

 

Unless prescribed in this Act, any administrative organ may not, in any form, carry out referendum or commission any other organization to carry out referendum over any topics, and may not draw upon any fund or call the staff of the government of specific level for this.

Article 14

 

After the process of examination, the competent authority shall reject a proposal of referendum within 15 days after receiving it under any of the following circumstances:
1. Where the proposal does not meet the provision of Article 9.
2. Where the number of proposers is less than required after the proposers who are as prescribed in Paragraph Two of Article 11 or do not sign or seal the proposal are deleted.
3. Where the proposal is as described in Article 33.
4. Where there is any contradiction or obvious error in the content of the proposal, thus making the intendment of the proposal not understandable.
If it is confirmed through examination that a proposal of referendum does not conform to the circumstances prescribed in the Subparagraphs of the preceding Paragraph, the competent authority shall send the proposal to the Review Commission for recognition, and the Review Commission shall inform the competent authority about the result of recognition within 30 days.
If it is recognized by the Review Commission referred to in the preceding Paragraph that the proposal of referendum does not meet the relevant provisions, the competent authority shall reject it; if it meets the relevant provisions, the competent authority shall request the government agencies of household registration to check the list of proposers.
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 requirement set forth in Article 8.
2. Where the name or address of the proposer is recorded wrongly or unclearly.
3. Where the ID card number of the proposer is not provided, or is wrong or unclear.
4. Where the proposer is forged.
After the process of checking, if the number of proposers does not meet the provision of Article 10, the competent authority shall notify the leading proposer to supplement more proposers within 10 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 the proposal meets the provisions of the Act, the competent authority shall, depending on the nature of the proposal, respectively request the related legislative authorities or the administrative authorities to bring forward a position paper within 6 months or 3 months after receiving the official letter of request, if the legislative or administrative authorities do not bring forward the position paper, it shall be regarded as abandonment. A position paper shall be limited to 3,000 words, and the excessive part out of the limit shall not be publicized or published in the bulletin. After the position papers are gathered from the related authorities, the competent authority shall transfer them to the governing election commission.
In addition to giving official letter to the related authorities in accordance with the provision of the preceding Paragraph, the competent authority shall also transfer the proposal to the governing election commission for holding the referendum.
After receiving the proposal, the election commission shall notify the leading proposer to receive a model list of joint signers from the election commission within 10 days, and print lists in the format of the model to collect joint signatures; if the leading proposer does not receive the model list, it shall be regarded as abandonment of joint signature.

Article 15

 

After receiving the list of joint signers, if it is found in examination that the number of joint signers is less than required, 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 specified format, the election commission shall reject it within 10 days; if it meets the relevant provisions, the election commission shall request the government agencies of household registration to check it. For a proposal of national referendum, the checking shall be finished within 45 days, and for a proposal of municipal or county (city) referendum, the checking shall be finished 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 provision of Article 8.
2. Where the name or address of the joint signer is recorded wrongly or unclearly.
3. Where the ID card number of the joint signer is not provided, or is wrong or unclear.
4. Where the signature of the joint signer is forged.
After the list of the joint signers is checked, if the number of joint signers meets the provision of Paragraph One of Article 12, the election commission shall announce the proposal of referendum is established within 10 days, and the proposal shall be numbered; if the number of joint signers does not meet the provision, .the election commission shall notify the leading proposer to supplement more signatures within 15 days; in case the specified number is still not reached after supplementation or the leading proposer does not supplement, the election commission shall announce the proposal of referendum is not established.

Article 16

 

If the Legislative Yuan deems it is necessary to carry out referendum for a matter as prescribed in Subparagraph 3 of Paragraph Two of Article 2, it may hand the main text and the statement of reasons, after they are being adopted in the meeting of the Legislative Yuan, to the Central Election Commission for implementing the referendum.
If the proposal raised by the Legislative Yuan is vetoed, it may not raise any more proposals for the same matter within 3 years commencing from the day of veto.

Article 17

 

When the country is under the threat of foreign force and the national sovereignty is likely to be changed, the President may, with the resolution of the meeting of the Executive Yuan, apply the matters regarding the national security to referendum.
The provisions on the periods set forth in Article 18 and the provision of Article 24 shall not apply to the referendum referred to in the preceding Paragraph.

Article 18

 

The Central Election Commission shall make the following matters known to the public through public notice 28 days before the day of referendum:
1. The date of voting for the proposal of referendum and the commencing and terminating time of voting.
2. The serial number, main text and statement of reasons of the proposal of referendum.
3. The position papers raised by the government agencies on the proposal of referendum.
4. The scope and method of executing the right of referendum.
The Central Election Commission shall provide the representatives of positive and negative opinions with hours to present their opinions or debate through national wireless TV channels at public expenses, and the designated TV stations may not refuse. The operating regulations shall be prescribed by the Central Election Commission.
The presentation or debate referred to in the preceding Paragraph, in case of a proposal of national referendum, shall be held for at least five times through national wireless TV channels.

Article 19

 

The Central Election Commission shall collect the matters publicized under the preceding Article and the relevant regulations on the voting to compile and print the referendum bulletin, and shall deliver it to the families in the voting district 2 days before the polling day, and paste it at appropriate places separately.

Article 20

 

For a proposal of initiative or a proposal of referendum of law or autonomous regulations, if the election is informed that the purpose of initiative or referendum has been realized through the legislative authority before the public notice of the proposal is issued, the election commission shall immediately stop of the proceeding of the referendum, and inform the leading proposer of the proposal.

Article 21

 

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 the 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 the residents in 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.
The vouchers or evidential documents relating to the incomes and expenditures of campaign funds shall be kept for six months after declaration. However, if a lawsuit is raised, they shall be kept to 3 months after the judgement is determined.
If the Central Election Commission deems there is any fault in the declaration, it may request the collector to submit the relevant vouchers or evidential documents.
The Central Election Commission shall, within 45 days after receiving the declaration form of the settlement of incomes and expenditures, collect and list the declaration data and publish them on the government bulletin.

Article 22

 

In 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.

Article 23

 

The chief administrator shall, jointly with the chief supervisor, drive out anyone who conducts any of the following in the referendum 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. Commit any other misconduct and do not obey the persuasion.
When driving out a voter of referendum who commits any of the misconducts prescribed in the preceding Paragraph, the referendum ballot held by the voter 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.

Article 24

 

The Central Election Commission shall carry out the referendum within the period from one month after the establishment of the proposal of referendum is announced to the sixth month, and the referendum may be held on the same day of a national election.

Article 25

 

The provisions of Articles 20 to 23, 26, 29, 30, 50-1, 57 to 60, 62 and 64 shall apply mutatis mutandis to the compilation, public reading and amendment of the list of voters, voting, ballot counting, and the recognition of valid ballots and invalid ballots for the proposals of national referendum.
If the voting for a proposal of referendum and a national election is held on the same day, the list of referendum voters and the list of electors shall be compiled separately.

Section 2 Local Referendum

Article 26

 

A proposal of local referendum shall be filed to the municipal or county (city) government.
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 number of proposers of a proposal of local referendum shall be not less than 5? of the total electors in the latest election of the governor of the municipality or county (city).
The number of joint signers of a proposal of local referendum shall be not less than 5% of the total electors in the latest election of the governor of the municipality or county (city).

Article 28

 

The provisions of Articles 18 to 25 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 voting and ballot counting, and the recognition of valid ballots and invalid ballots for the proposals of local referendum.

Article 29

 

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

Chapter 4 Result of Referendum

Article 30

 

As regard to the result of voting for a proposal of referendum, if the number of voters reaches not less than 1/2 of the total persons having the right of voting in the country, municipality or county (city) and more than 1/2 of the valid ballots agree, the proposal is adopted.
If the number of voters does not reach the quantity prescribed in the preceding Paragraph or the consenters are not more than 1/2 of the valid ballots, the proposal is vetoed.

Article 31

 

If a proposal of referendum is adopted, the election commission shall publicize the result of referendum within 7 days after the voting is finished, and the following provisions shall govern:
1. For the proposal of initiative of the legislative principles for law or autonomous regulations, the Executive Yuan or the municipal or county (city) government shall study out a proposal of the related laws or autonomous regulations within 3 months, and send it to the Legislative Yuan or the municipal or county (city) council for discussion deliberation. The Legislative Yuan or the municipal or county (city) council shall complete the procedure of deliberation before the adjournment of the next session.
2. For the proposal of referendum of law or autonomous regulations, the original law or autonomous regulations shall lose its force from the third day counted from the day of public notice.
3. For the proposal of referendum of an important policy, the authority shall take necessary disposition to realize the content of the proposal of referendum.
4. For the referendum of amendment of the Constitution, the Constitution shall be amended in accordance with the procedure of constitutional amendment.

Article 32

 

If a proposal of referendum is vetoed, the election commission shall publicize the result of referendum within 7 days after the voting is finished, and inform the leading proposer.

Article 33

 

Whether a proposal of referendum is adopted or vetoed, no more proposals may be raised for the same matter within 3 years commencing from the day when the election commission publicizes the result of voting. However, if a proposal of referendum over an important policy on a public facility is vetoed, no more proposals may be raised for the same matter within the period from the day when the result of voting is publicized to 8 years after the facility is completed and put into use.
The same matter referred to in the preceding Paragraph means the similar, expanded or reduced basic fact of the proposal subject to judgment.
The judgment referred to in the preceding Paragraph shall be conducted by the Review Commission.

Chapter 5 Referendum Review Commission

Article 34

 

The Executive Yuan shall set a national Referendum Review Commission to review the following matters:
1. To recognition the matters subject to national referendum.
2. To recognition whether a proposal of national referendum is raised for the same matter as prescribed in Article 33.

Article 35

 

In the Referendum Review Commission of the Executive Yuan shall be set 21 commissioners with the tenure of 3 years, appointed by the President at the request of the competent authority.
The number of the Referendum Review Commission of the Executive Yuan who are in a same political party shall be not more than 1/2 of the total commissioners, and single gender shall be no less the 1/3 of the total commissioners.
The Chairperson shall be elected by and from the commissioners. The organizational regulations and review rules of the Review Commission shall be reported to the Legislative Yuan for reference.

Article 36

 

The meeting of the commissioners referred to in the preceding Paragraph shall be convened by the Chairpersons.
The discussion of a proposal in the meeting requires the attendance of more than a half of all the commissioners; in the voting for a proposal, if more than a half of the present commissioners agree, the proposal is adopted; if the number of consenters is equal to that of objectors, the result of voting depends on the Chairperson.

Article 37

 

A municipal or county (city) government shall set a local referendum review commission to review the following matters:
1. To recognize the matters subject to local referendum.
2. To recognize whether a proposal of local referendum is raised for the same matter as prescribed in Article 33.
The commissioners of the commission referred to in the preceding Paragraph shall include scholars, experts, and the local representatives of the specific level. The organization and review procedure shall be prescribed by the municipal or county (city) government and reported to the council for reference.

Article 38

 

The decision of a municipal or county (city) referendum review commission shall be reported to the Executive Yuan for ratification. If there is any doubt whether the matter is subject to local referendum, the Executive Yuan shall have it recognized by the Referendum Review Commission of the Executive Yuan.

Chapter 6 Penal Provisions

Article 39

 

During the period of referendum, anyone who enforces or intimidates the civil servants performing duty according to law for the purpose of encumber the referendum shall be condemned to fixed-term imprisonment of not more than 5 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 7 years; if it causes severe injury to the civil servant, the person shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years.

Article 40

 

For those who gather a mob and commit the crime prescribed in the preceding Article, the accessaries shall be condemned to fixed-term imprisonment or penal servitude of not more than 3 years or fined a sum of NT$300,000, and the principal plotter and the persons who conducts the violation or intimidation shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years.
If the crime prescribed in the preceding Paragraph causes the death of a civil servant, the principal plotter and the persons who conducts the violation or intimidation shall be condemned to life imprisonment or fixed-term imprisonment of not less than 7 years; if it causes severe injury to a civil servant, the person shall be condemned to fixed-term imprisonment of not less than 5 years and not more than 12 years.

Article 41

 

Anyone who encumbers others' raising, relinquishing, jointly signing or voting a proposal of referendum, or makes others raise, relinquish, jointly sign or vote a proposal of referendum by violation, intimidation or other illegal method shall be condemned to fixed-term imprisonment of not more than 5 years.
Attempted offense of the crime prescribed in the preceding Paragraph shall also be punished.

Article 42

 

Since the date the Election Commission declares the referendum election date, any person who conducts appointment bribery, bribery delivery, or unjust interests toward those entitled to vote for not voting or for specific voting result, may be imposed with penalty of imprisonment more than 1 year and less than 7 years or associated with fines above NT 600 thousand dollars and below NT 6 million dollars.
The intending offender of the above-mentioned behaviors may be imposed of penalty of imprisonment less than 1 year.
The money of the above-mentioned bribery shall be confiscated without regarding whether it belongs to the offender, and if all or partial of it cannot be confiscated, the offender shall be in liability to the equal value of the money.
The offender conducting the mal behaviors mentioned in Paragraph 1 or Paragraph 2, and surrendering himself to the authority, may be reduced for or exempted from punishments, or may be exempted from an punishments when he cooperates to detect the proposer as the principal offender or joint offender.
The offender conducting the mal behaviors mentioned in Paragraph 1 or Paragraph 2, and confessing himself during investigation, may be reduced for punishment, and may be reduced for or exempted from punishments when he assists to detect the proposer as the principal offender or joint offender.

Article 43

 

During the period of referendum, anyone who conducts any of the following actions shall be condemned to fixed-term imprisonment of not more than 5 years, and be fined a sum of not less than NT$500,000 and not more than NT$5,000,000 in addition:
1. Ask for expected promise or make a member of an association or institution in the referendum distract not raise, relinquish, jointly sign o.
2. Ask for expected promise or make a proposer or joint signer of a proposal of referendum not raise, relinquish, jointly sign or vote a proposal, or raise, relinquish, jointly sign or vote in a certain way by offering bribes or other undue benefits in the name of donation 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 1 year.
The bribes prepared, used or delivered by the criminal, whether owned by the criminal or not, shall be confiscated; if the full or a part of the bribes can not be confiscated, a sum equal to the price shall be replevied.

Article 44

 

Anyone who undertakes the affairs referred to in Paragraphs One of Article 42 or Paragraph One of the preceding Article to seek profit shall be condemned to fixed-term imprisonment of not less than 1 year and not more than 7 years, and may be fined a sum of not less than NT$500,000 and not more than NT$5,000,000 in addition
Attempted offense of the crime prescribed in the preceding Paragraph shall also be punished.

Article 45

 

For any of the following actions conducted in the proceeding of recall, the accessaries shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$100,000, and the principal plotter and the persons who conducts the action shall be condemned to fixed-term imprisonment of not more than 5 years
1. Gather a mob to surround a proposer or joint signer of a proposal of referendum, or his/her working place or residence.
2. Gather a mob to encumber a proposer or joint signer's proceeding of the proposal of referendum by violation, intimidation or other illegal method.

Article 46

 

Anyone who withholds, destroys, hides, replaces or captures the voting box, the referendum ballot, the list of voters, 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 5 years

Article 47

 

Anyone who carries the received referendum ballot to outside the place of voting shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$15,000.

Article 48

 

Anyone who makes noise or disturb the referendum 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 1 year or fined a sum of not more than NT$15,000.

Article 49

 

Anyone who infringes the provision of Paragraph Two of Article 22 or conducts any of the actions prescribed in the Subparagraphs of Paragraph One of Article 23 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 2 years, or fined a sum of not more than NT$200,000.

Article 50

 

Anyone who places anything other than the referendum ballot 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 51

 

A collector of funds who accepts donations infringing any of the provisions of Subparagraph 1 to 3 of Paragraph One of Article 21 shall be condemned to fixed-term imprisonment of not more than 5 years; infringing the provision of Subparagraph 4 of Paragraph One, condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$100,000.
For anyone who commits the crime prescribed in the preceding Paragraph, the donations accepted by the person shall be confiscated, and the full or a part of the donations cannot be confiscated, a sum equal to the price shall be replevied.
If a collector of funds does not make the declaration in accordance with the provision of Paragraph Two of Article 21 or does not submit the vouchers or evidential documents of the incomes and expenditures in accordance with the provision of Paragraph Four, he/she shall be fined a sum of not less than NT$100,000 and not more than NT$500,000, and a time limit shall be set for declaration or supplementation. If declaration or supplementation is not made within the time limit, consecutive punishment may be imposed.
If a collector of funds makes any false declaration about the income or expenditure of the funds by intention, he/she shall be fined a sum of not less than NT$500,000 and not more than NT$2,500,000.

Article 52

 

The principal of an administrative organ or the related personnel who infringes the provision of Article 13 of the Act shall be condemned to fixed-term imprisonment of not less than 6 months and not more than 3 years, and an appropriate sum may be replevied for the expenses paid by the administrative organ.

Article 53

 

If there are provisions of severer punishment for the crime prescribed in this Chapter in other laws, such provisions shall apply.
If the personnel handing referendum affairs commit any of the crimes prescribed in this Chapter intentionally by using the power, opportunity or method on duty, the punishment shall be aggravated by a half.
If a person commits any of the crimes prescribed in this Chapter or the crime of encumbering voting prescribed in Chapter 6 of the Subprovisions of the Criminal Code and is thus sentenced to fixed-term imprisonment or heavier punishment, he/she shall be deprived of public rights in addition.

Chapter 7 Dispute and Lawsuit of Referendum

Article 54

 

If the referendum involves any dispute about the division of authority between the central government and the local governments or any legal dispute or other administrative dispute, it shall be settled in accordance with the Constitution Interpretation of the Grand Justice or the procedure of administrative dispute.
The governing court of a referendum lawsuit shall be determined pursuant to the following provisions:
1. The first instance of a referendum lawsuit shall be governed by the high administrative court with jurisdiction at the place of the action of referendum, if the place e of action spans or is distributed in the areas under the jurisdiction of several high administrative courts, all the high administrative courts have jurisdiction over the case.
2. The referendum lawsuits of appeal or counterappeal against the fist-instance judgement of the high administrative court branch court shall be governed by the Supreme Administrative Court.

Article 55

 

If a proposal of national or local referendum is vetoed by the Review Commission, the leading proposer may, within 30 days after receiving the notice of veto, institute remedy in accordance with the procedure of administrative dispute.
After the proposal referred to in the preceding Paragraph is determined by the Review Commission, remedy may be instituted, in case of national referendum, by not less than 1/3 of the current total members of the Legislative Yuan, or in case of local referendum, by not less than 1/2 of the current total number of the municipal or county (city) councilors, in accordance with the procedure of administrative dispute within 60 days after the decision is made.
For a proposal of referendum on an important policy of a public facility, the establishing or managing agency of the facility also may institute the remedy referred to in the preceding paragraph.
The government agency or the administrative court accepting the appeal may, according to its authority or at the request of the applicant, make a decision of temporarily stopping the voting.

Article 56

 

If an election commission of specific level handles the referendum illegally so that the result of referendum will be affected, the prosecutors, and the leading proposer of the proposal of referendum may, within 15 days commencing from the day when the result of voting is publicized, file a lawsuit of invalid referendum in the governing court against the election commission.

Article 57

 

For the lawsuit of invalid referendum, if the invalidation judgement of the court is determined, the voting of referendum shall be invalid, and the voting shall be held again at a specified time. If the voting is held illegally in part, the part of the voting of referendum shall be invalid, and the voting shall be conducted again at a specified time in respect of the invalid part. However, this shall not apply if it is obvious that the invalid part has no effect on the result of referendum.
If the result of voting is changed after the re-voting referred to in the preceding Paragraph, it shall be handled in accordance with the provision of Article 31.

Article 58

 

During the period of referendum, if anyone violate, intimidate or take other illegal measures against any person having the right of referendum or the personnel handing the referendum affairs for the purpose of encumbering the referendum and thus the result of voting will be affected, the prosecutors may, within 15 days commencing from the day when the result of voting is publicized, file a lawsuit of invalid adoption or veto of the proposal of referendum in the governing court against the election commission.
For the adoption or veto of a proposal of referendum, if the vote is false so that the result of voting will be affected, the prosecutors and the leading proposer of the proposal of referendum may, within 15 days commencing from the day when the result of voting for recall is announced, file a lawsuit in the governing court against the election commission for confirming the adoption or veto of the proposal of referendum.
For the lawsuit claiming invalid adoption or veto of the proposal of referendum as referred to in Paragraph One, if the invalidation judgement of the court is determined, the adoption or veto of the proposal of referendum shall be invalid, and the voting shall be held again at a specified time.
For the lawsuit for confirming the adoption or veto of the proposal of referendum as referred to in Paragraph Two, if the determined judgement of the court changes the result of voting, the competent authority shall, follow the provision of Article 31 within 7 days commencing from the day when the confirmation judgement of the court arrives.

Article 59

 

If a voter finds any factor that will construct invalid voting, or invalid adoption or veto of a proposal of referendum, he/she may, within 7 days commencing from the day when the result of voting is publicized, submit the material evidences to the prosecutor for prosecution.

Article 60

 

No appeal may be raised for retrial of a referendum case, and the court hearing the case shall adjudicate it within 6 months.

Article 61

 

In addition to this Act, the Administrative Procedure Code shall apply to the procedure of referendum lawsuits.
The High Administrative Court may entrust the local courts to conduct the preservation of evidences.
The provision of Paragraph Three of Article 116 of the Civil Procedure Code may apply mutatis mutandis to the preservation of evidences.

Chapter 8 Supplementary Provisions

Article 62

 

The fines set forth in this Act shall be imposed by the corresponding election commissions; if anyone does not pay the fine within the time limit after being notified, the case will be transferred to the judicial authority for coercive execution according to law.

Article 63

 

The Enforcement Rules of this Act shall be prescribed by the Executive Yuan.

Article 64

 

The Act shall be effective since the date of promulgation.
The amended articles revised on May 5th, 2006 shall be effective since July 1st, 2006 , while the amended articles revised on May 12, 2009 shall be effective since Nov 23, 2009.