Executive Yuan to Strictly Implement ‘One-Stop’ Voting Procedure; Violators to be Punished

News Analysis

Executive Yuan to Strictly Implement ‘One-Stop’ Voting Procedure; Violators to be Punished

Sources: Taipei newspapers Dec. 25, 2007

With the legislative elections coming up soon, the Executive Yuan has finally issued an ultimatum to the 18 ‘recalcitrant’ pan-Blue counties and cities that insist on adopting the ‘two-stop’ voting procedure. Cabinet Secretary-General Chen Chin-jun said on Dec. 24, “The Central Election Commission (CEC) will send a circular to all chairpersons of municipality, county and city election committees, as well as managers of polling stations under them, declaring that the resolution on ‘one-stop’ voting procedure must be observed, and that those who disobeyed would be relieved of duty, replaced, prosecuted, and censured.” Furthermore, Premier Chang Chun-hsiung has ordered the National Policy Agency to ask the police to protect voters’ rights to cast their ballots lawfully.

In order to resolve the controversies over which voting procedure should be adopted in the upcoming elections, Vice Premier Chiou I-jen called a meeting of top-echelon officials from the Presidential Office, the Executive Yuan and the DPP, including Vice Presidential Secretary-General Lin Chia-lung, DPP caucus whip Ker Chien-ming, and Cabinet Secretary-General Chen Chin-jun. However, CEC Chairman Chang Cheng-hsiung did not attend the meeting.

In a press conference held after the meeting, Chen said, “CEC will send a circular to all chairpersons of county and city election committees, as well as managers of polling stations under them, telling them that the resolution on the ‘one-stop’ voting procedure must be followed.”

“Those who violate the resolution will be relieved of duty, replaced, prosecuted, and censured in accordance with Articles 142, 147, and 153 of the Penal Code, Article 41 of the Plebiscite Act, Article 2 of the Public Functionaries Discipline Act, and Article 12 of the Public Functionaries Evaluation Act,” explained Chen.

When asked by the media how it would be proved that counties and cities had observed the ‘one-stop’ voting procedure during elections, Chen explained, “After the CEC has issued circulars, those who show the intent to follow the ‘two-stop’ voting procedure, be it in the workshops manuals, election gazettes, layout of polling stations, or in official communication, shall be handled in accordance with the law.”

Chen then called upon the public to report to the authorities those that violate the ‘one-stop’ voting procedure resolution. He further insisted that KMT Presidential candidate Ma Ying-jeou give up his insistence on the ‘two-stop’ voting procedure before it was too late.

When asked by the media why it was not the CEC that talked about this matter to the public, and whether the independence of the CEC had been destroyed by the Executive Yuan, Chen said, “The CEC has stressed again and again that only the ‘one-stop’ voting procedure is in accordance with the law. In order to maintain social order, ensure the smoothness of the voting procedure, and safeguard the fruits of democracy, the Executive Yuan, therefore, held this press conference in accordance with the resolution made by the CEC.”

Regarding DPP government’s obstinance on this matter, the KMT stressed that its position in favoring the ‘two-stop’ voting procedure had never changed.

Tseng Yung-chuan, director of KMT’s Central Policy Committee, said, “If the CEC replaces the chairpersons of county and city election committees, whose tenure is guaranteed by law, or does not obey the ‘two-stop’ voting procedure resolution adopted by the Legislative Yuan, the KMT caucus will definitely file charges against the CEC for malfeasance.”

Ma Ying-jeou added, “According to the Penal Code, those who obey the law are not punishable. Public servants who conduct public functions in accordance with law are not subject to punishment under the Civil Code or Penal Code, and bear no administrative responsibilities.”

“According to the law, when a dispute arises, it shall be resolved by the Legislative Yuan, not the Executive Yuan,” added Ma.

Ma went on to explain, “According to Article 111 of the Constitution and Article 77 of the Local Institutions Act, disputes between central and local governments shall be resolved through the Legislative Yuan. What the Executive Yuan did has violated the law. It is difficult to expect the local government to obey the law when the central government takes the lead in violating the law.”

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