Taiwan Legislature Passes Amendment to Election and Recall Law, Restores Candidacy Rights for Those on Probation or Eligible for Community Service

(Central News Agency, reporter Chen Junhua, Taipei, June 12) The Legislative Yuan passed the third reading of an amendment to Article 26 of the Civil Servants Election and Recall Act today, removing the passive qualification restriction on candidates for those who have been 'sentenced to probation or a custodial sentence that can be commuted to community service.' It also added a provision that anyone convicted of an offense under the 'Fraud Crime Prevention Act' with a final judgment cannot register as a candidate.

The Legislative Yuan's Internal Administration Committee passed the initial review of the draft amendment to Article 26 of the Election and Recall Act on April 23, removing the passive qualification restriction on candidates who have received a suspended sentence. Legislative Yuan President Han Kuo-yu convened a cross-party consultation yesterday, and the Taiwan People's Party caucus proposed a revised motion, changing it to 'except for those sentenced to probation or a custodial sentence that can be directly or indirectly commuted to community service.'

Hsinchu Mayor Kao Hung-an was sentenced to six months in prison in the second instance for document forgery in a case involving fraudulent assistant fees. Democratic Progressive Party caucus secretary Fan Yun pointed out during the consultation that because Kao may be eligible for community service, politically, this would be seen as a tailor-made case-by-case amendment for Kao, which is unacceptable. The cross-party consultation ultimately failed to reach a consensus.

The Legislative Yuan session this morning addressed Article 26 of the Civil Servants Election and Recall Act. The Taiwan People's Party and Kuomintang caucuses jointly proposed a further revised motion, deleting the words 'directly or indirectly' and changing it to 'except for those sentenced to probation or a custodial sentence that can be commuted to community service.'

During extensive discussion, DPP Legislator Li Po-yi played a video showing TPP Legislator Hsu Chung-hsin receiving a phone call from a certain 'mayor' during the initial review in the Internal Administration Committee. Li Po-yi said, 'A mayor calls the committee to demand a law change, such a crude amendment. Can you Kuomintang members accept this?' He urged not to legislate for specific individuals, and if an amendment is to be made, it should be clearly stipulated to take effect after September 4 or January 1 next year.

KMT Legislator Weng Hsiao-ling said, 'The logic of the amendment is very clear: it balances leniency and severity, maintaining political integrity while also upholding the principle of proportionality for the right to hold office. Therefore, major fraud crimes are excluded from candidacy. However, for extremely minor crimes or negligent offenses, those who receive a suspended sentence from the court are deprived of their right to hold office, which violates the principle of proportionality. This amendment is absolutely not a loophole, nor is it legislation for specific individuals.'

Hsu Chung-hsin stated, 'The Constitution guarantees citizens' right to vote, but the Election and Recall Act uses administrative penalties to restrict people's right to run for office, which is an unconstitutional law. Therefore, the Election and Recall Act needs a major overhaul. The media has distorted the fact that I received a call from a mayor. 'Which mayor's call? How many mayors are there in Taiwan?' Protecting the right to run for office for those eligible for community service is about restoring the electoral rights of all those who committed minor crimes, which is only natural.'

DPP legislators shouted from the floor, 'You can't even say whose call it was,' 'Privilege legislation,' 'Trading Kao Hung-an for Chou Tien-lun, the Blue-White coalition is engaging in political spoils.'

The entire case was put to a vote, and the revised motion jointly proposed by the Blue-White coalition was passed with 57 votes in favor and 48 against. The passed article stipulates that those convicted of crimes other than rebellion, treason, corruption, national security law violations, organized crime, drug offenses, and money laundering, and sentenced to imprisonment or more, with the sentence not yet executed, not fully executed, or the statute of limitations for execution having expired, cannot register as candidates. 'However, this does not apply to those who have been sentenced to probation or a custodial sentence that can be commuted to community service.'

Additionally, the passed article adds a provision that anyone convicted of an offense under the 'Fraud Crime Prevention Act' with a final judgment cannot register as a candidate. (Editor: Lin Shu-yuan) 1150612