Which individuals/positions may be subject to the recall?

Constitutionof the Republic of China

(Adoptedin 25 December 1946, last amended in 2005)

http://english.president.gov.tw/Default.aspx?tabid=1107

Article133.

Aperson elected may, in accordance with law, be recalled by his constituency

Civil ServantsElection And Recall Act

(Last amended on 25 May 2011)

http://law.moj.gov.tw/Eng/LawClass/LawContent.aspx?pcode=D0020010

Article 2.

'Civil servants' called in this Actrefers to the following personnel:

1. Central civil servants:members of the Legislative Yuan.

2. Local civil servants:municipal councilors, county (city) councilors, representatives of township(city) congress, governor of municipality (municipal mayor), governor of county (city), chief oftownship (city), and chief of villages (boroughs).

(Exceptions)

Article 75.

The electors in the originalelectoral district may file a proposal of recall with the election commissionto recall civil servants. However, no proposal of recall may be filed against acivil servant who has not been in the position for one year.

The provisions of recall shallnot apply to the electees of the national integrated election and the overseaselection of central civil servants.

Presidential and Vice Presidential Election andRecall Act

(Lastamended 27.05.2009)

http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=D0020053

Article 2.

Election and recall of President and Vice President shall beimplemented by way of common, fair, direct and secret vote, unless otherwiseprescribed.

(Exceptions)

Article 70.

Ifa proposal of recall of the President or the Vice President is proposed by notless than 1/4 and agreed by the not less than 2/3 of the total members of theLegislative Yuan, the Legislative Yuan shall announce the proposal of recall isestablished. However, the President or the Vice President who has not been inthe position for one year may not be recalled.

All elected civil servants, as defined inarticle 2 of the Civil Servants Election And Recall Act, except the electees of the national integrated election and the overseas election of central civil servants are subjected to recall. No proposal of recall can be filed against any civil servant, the President or Vice-President who has not been in office for more than a year.