Will the KMT's anti-death penalty referendum be rejected due to 'unconstitutional contradictions'? You Ying-long: CEC previously strongly hinted

The opposition has submitted six referendum proposals, one of which is the Kuomintang's (KMT) anti-death penalty referendum, with the main text asking whether 'panels of judges at all levels of courts should not be required to reach a unanimous decision when sentencing to death.' However, constitutional interpretations have clearly stipulated that death penalty rulings must be unanimous, creating a constitutional contradiction. In response, Central Election Commission (CEC) Chair You Ying-long stated today (16th) that while unconstitutionality is not a formal requirement for referendum approval, it indeed poses problems. He noted that during the previous review, the CEC had already 'strongly hinted' that referendum items contradicting constitutional court rulings should not be permitted. You Ying-long emphasized that the CEC must respect referendum proposals submitted by the Legislative Yuan and will generally approve them. If rejection is considered, it would likely be based on Article 2, Paragraph 2, Item 3 of the Referendum Act—whether the proposal qualifies as a 'major policy initiative or confirmation.' The CEC will carefully deliberate such cases. Regarding whether unconstitutionality is a criterion for referendum approval, You stated, 'Unconstitutionality is not a standard defined in the Referendum Act for approval or rejection. Determining constitutionality is the role of the Constitutional Court.' However, he acknowledged a real issue exists. Based on the CEC committee's previous review of the anti-death penalty referendum, 'it has already strongly hinted that any proposal violating a Constitutional Court ruling should not become a referendum item.' Additionally, DPP legislator Lee Kun-tsong questioned whether the flogging referendum also violates the International Covenant on Civil and Political Rights, asking, 'Can referendums restrict or deprive human rights?' You responded that theoretically, they cannot. 'I certainly believe referendums should not restrict or deprive human rights, but this is not explicitly stated in the Referendum Act.' Therefore, he suggested the Legislative Yuan should amend the law in the future to consider whether referendum items must not violate human rights.