:Referendums in Taiwan

While the rights of initiatives and referendums are mentioned in the Three Principles of the People and Chapter 9, Article 136 of the Constitution of 1947,{{cite wikisource |title=Constitution of the Republic of China |at=Chapter XII: Election, Recall, Initiative and Referendum, Article 136}} a law pertaining specifically to referendums was not enacted until 2003. The Referendum Act was promoted by Democratic Progressive Party (DPP) politicians such as Chai Trong-rong, Lin Yi-hsiung, Yeh Chu-lan, Lu Hsiu-yi, Lin Cho-shui, and the Chen Shui-bian-Annette Lu administration. While both citizens of Taiwan and the Legislative Yuan can initiate the referendum process, the Pan-Blue Coalition held a legislative majority at the time of the act's promulgation, and set an extremely high bar to prevent its application.[http://dava.ncl.edu.tw/metadatainfo.aspx?funtype=0&PlayType=2&id=377229&BLID=377232 民進黨完成公民投票法草案] {{Webarchive|url=https://web.archive.org/web/20201129113738/http://dava.ncl.edu.tw/metadatainfo.aspx?funtype=0&PlayType=2&id=377229&BLID=377232 |date=2020-11-29 }}, Taiwan Television News, 1993/3/14[http://www.taipeitimes.com/News/front/archives/2003/08/15/2003063773 President defends nation's right to hold referendums], Taipei Times, 2003/8/15[http://news.bbc.co.uk/2/hi/asia-pacific/3245498.stm Taiwan referendum bill sets stage], BBC, 2003/11/28[http://www.taipeitimes.com/News/front/archives/2003/12/05/2003078372 Vote to push for status quo, Chen says], Taipei Times, 2003/12/5[http://www.taipeitimes.com/News/taiwan/archives/2014/02/19/2003583864 Concert held to commemorate DPP's Chai Trong-rong], Taipei Times, 2014/2/19[http://www.peoplenews.tw/news/cd57df1d-a0ea-4fb4-b1c0-64b54357d098 誰主導了全世界最落伍的鳥籠式公投法？], Taiwan People News, 2014-5-6

Article 17 of the Referendum Act states "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." Such a referendum has been held in 2004.{{Cite web | title=Home {{!}} 中央研究院政治研究所 | url=https://www.ipsas.sinica.edu.tw/image/speech/24/1.pdf | access-date=2025-02-18 | website=www.ipsas.sinica.edu.tw}}[http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=D0020050 Referendum Act], National Laws & Regulations Database of TAIWAN[http://www.roc-taiwan.org/us_en/post/473.html President Chen: Conditions met for referendum], Taipei Economic and Cultural Representative Office in the United States, 2004-02-04[http://www.roc-taiwan.org/us_en/post/474.html President sends 'reasons for referendum' letter to Executive Yuan], Taipei Economic and Cultural Representative Office in the United States, 2004-02-05

No national referendum question had reached the majority support quota until 2018, when seven questions were approved as part of a ten-question referendum. Three had been successful at the local level. New Power Party, Taiwan Solidarity Union, and some DPP members are major forces in the legislature calling for reform.[http://www.taipeitimes.com/News/taiwan/archives/2009/08/29/2003452244 DPP firm on changing referendum law], Taipei Times, 2009/8/29[http://www.taipeitimes.com/News/taiwan/archives/2016/03/23/2003642241 NPP tables amendments to the Referendum Act], Taipei Times, 2016/3/23[http://www.taipeitimes.com/News/taiwan/archives/2016/09/14/2003655119 New Legislative Session: NPP reveals list of priority legislation], Taipei Times, 2016/9/14

The Legislative Yuan revised several sections of the Referendum Act in December 2017. The first round proposal threshold for national and local referendums were cut from 0.1 to 0.01 percent of the electorate in the most recent presidential election, and the second tier proposal threshold for referendums was lowered from 5 to 1.5 percent of the electorate. Additionally, referendums will be declared passed if a majority of voters vote for propositions, and the number of agreeing votes reaches 25 percent of the electorate, instead of 50 percent.{{cite news|last1=Shih|first1=Hsiu-chuan|last2=Liu|first2=Li-jung|title=Referendum amendment passage makes people masters: president|url=http://focustaiwan.tw/news/aipl/201712120028.aspx|access-date=13 December 2017|agency=Central News Agency|date=12 December 2017}}{{cite news|last1=Lin|first1=Sean|title=Referendum Act amendments approved|url=http://www.taipeitimes.com/News/front/archives/2017/12/13/2003683881|access-date=13 December 2017|work=Taipei Times|date=13 December 2017}}[https://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=D0020050 Art. 29 of the referendum law]

Several amendments to the Referendum Act were proposed in June 2019, among them a requirement for voters to provide a photocopy of their National Identification Card when voting on referendums.{{cite news |last1=Wen |first1=Kuei-hsiang |last2=Kao |first2=Evelyn |title=DPP to revise proposed amendment to Referendum Act |url=http://focustaiwan.tw/news/aipl/201906170008.aspx |access-date=18 June 2019 |agency=Central News Agency |date=17 June 2019}} An amendment to separate election years from referendum years was passed, and took effect in August 2021. The same amendment also limited referendum voting to every two years, and mandated a specific date for the vote, the fourth Saturday in August.{{cite news |last1=Wang |first1=Flor |last2=Chen |first2=Chun-hua |title=Referendums to be limited to every two years from August 2021 |url=http://focustaiwan.tw/news/aipl/201906170020.aspx |access-date=18 June 2019 |agency=Central News Agency |date=17 June 2019}}{{cite news |last1=Hsieh |first1=Chun-lin |title=Referendums decoupled from polls |url=http://www.taipeitimes.com/News/front/archives/2019/06/18/2003717120 |access-date=18 June 2019 |work=Taipei Times |date=18 June 2019}}

Article 25 of the Referendum Act was amended in 2018, permitting absentee voting for national referendums, once such procedures were enumerated in a separate law. The Central Election Commission proposed a bill on absentee voting in referendums in 2020, and it was approved by the Executive Yuan in September 2021.{{cite news |last1=Lai |first1=Yu-chen |last2=Yeh |first2=Joseph |title=Cabinet approves draft bill to allow absentee voting for referendums |url=https://focustaiwan.tw/politics/202109300011 |access-date=30 September 2021 |agency=Central News Agency |date=30 September 2021}}{{cite news |last1=Lee |first1=Hsin-fang |last2=Madjar |first2=Kayleigh |title=Bill to allow referendum absentee voting advances |url=https://www.taipeitimes.com/News/front/archives/2021/10/01/2003765319 |access-date=1 October 2021 |work=Taipei Times |date=1 October 2021}}

{{main|Additional Articles of the Constitution of the Republic of China}}

The current Additional Articles of the Constitution designed two topics for a constitutional referendum in Articles 1, 4, and 12: Constitutional amendment and National territory alternation. The constitution has set a high bar in these referendums over Referendum Act.

The process for a constitutional amendment or national territory alternation has to be initiated by one-fourth (25%) of the members of the Legislative Yuan (the unicameral parliament of Taiwan), then voted in the Legislative Yuan with at least three-fourths (75%) members attended and by a three-fourths (75%) supermajority. A constitutional referendum will then be conducted if the amendment is proposed by the Legislative Yuan, the quorum to pass the constitutional referendum is one-half (50%) of all eligible voters have voted yes.[https://english.president.gov.tw/Page/95 Constitution of the Republic of China (Taiwan)], Office of the President

The first constitutional referendum scheduled since the 2005 amendments to the Additional Articles was the 2022 Taiwanese voting age referendum.

There have been twenty national referendums in Taiwan. During the first six, two referendum questions were asked in each of three national elections.[http://archive.columbiatribune.com/2003/Dec/20031207News022.asp Taiwan pursues first referendum: President seeks vote on Chinese missiles] {{Webarchive|url=https://web.archive.org/web/20161022165543/http://archive.columbiatribune.com/2003/Dec/20031207News022.asp |date=2016-10-22 }}, Associated Press, 2003/12/7[http://taiwaninfo.nat.gov.tw/ct.asp?xItem=20399&ctNode=103 Chen reveals plan for referendum in interview] {{Webarchive|url=https://web.archive.org/web/20161022153326/http://taiwaninfo.nat.gov.tw/ct.asp?xItem=20399&ctNode=103 |date=2016-10-22 }}, Taiwan Info, 2003/12/8 In each of these six national referendums, "Yes" votes won a majority over "No" votes. However, the referendum results were invalidated each time due to low turnout rate. According to the Referendum Law, 50% turnout of qualified voters is required for the referendum to be valid. The threshold was not reached in any of the first six national referendums, as the Kuomintang asked its supporters to boycott each referendum. Therefore, the removal of the turnout restriction in the referendum law has been proposed.[http://news.ltn.com.tw/news/politics/paper/964402 打破鳥籠公投 鄭麗君提修正案], Liberty Times, 2016-03-04 Several provisions regarding turnout were amended by the Legislative Yuan in December 2017.

Following amendments to the Referendum Act, ten questions were asked during the 2018 Taiwanese referendum, held alongside local elections. The four-question 2021 Taiwanese referendum was scheduled for August and postponed to December due to the COVID-19 pandemic.

A national referendum on the state of Kuomintang party assets was proposed in 2006.{{cite news|title=KMT legislative caucus threatens retaliatory action|url=http://www.taipeitimes.com/News/taiwan/archives/2006/11/27/2003338091|access-date=6 November 2016|work=Taipei Times|date=27 November 2006}} The Act Governing the Handling of Ill-gotten Properties by Political Parties and Their Affiliate Organizations was promulgated by the Legislative Yuan in July 2016 to handle the issue instead.{{cite news|last1=Chung|first1=Jake|title=Legislature approves law on ill-gotten party assets|url=http://www.taipeitimes.com/News/front/archives/2016/07/26/2003651800|access-date=6 November 2016|work=Taipei Times|date=26 July 2016}}

In 2010, the {{ill|Referendum Review Committee|zh|行政院公民投票審議委員會}}, then controlled by the Pan-Blue Coalition, rejected several referendum proposals against the Economic Cooperation Framework Agreement, signed in 2010.[http://www.taipeitimes.com/News/taiwan/archives/2010/02/27/2003466745 {{sic|Exc|utive|nolink=y}} Yuan group upholds referendum rejection], Taipei Times, 2010/2/27[http://www.taipeitimes.com/News/front/archives/2010/06/04/2003474657 ECFA referendum proposal rejected], Taipei Times, 2010/6/4[http://www.taipeitimes.com/News/front/archives/2012/07/26/2003538655 TSU see red as ECFA referendum rejected], Taipei Times, 2010/7/26[http://englishnews.ftv.com.tw/Read.aspx?sno=95A48062A7F6AEA0DF96D5DE65952B70 Heated words from the TSU after latest ECFA referendum rejection] {{Webarchive|url=https://web.archive.org/web/20161022152524/http://englishnews.ftv.com.tw/Read.aspx?sno=95A48062A7F6AEA0DF96D5DE65952B70 |date=2016-10-22 }}, Formosa News, 2010/8/11 despite the collection of nearly 200,000 signatures supporting a referendum on cross-strait economic pacts.[http://www.taipeitimes.com/News/front/archives/2009/07/21/2003449187 DPP completes first stage of ECFA referendum bid], Taipei Times, 2009/7/21[http://www.taipeitimes.com/News/taiwan/archives/2010/05/30/2003474239 Protesters demand referendum], Taipei Times, 2010/5/30[http://www.taipeitimes.com/News/taiwan/archives/2010/07/01/2003476823 TSU still fighting for vote on ECFA], Taipei Times, 2010/7/1[http://www.taipeitimes.com/News/taiwan/archives/2010/11/23/2003489230 TSU submits signatures for another ECFA referendum], Taipei Times, 2010/11/23 Public opinion surveys show a majority of respondents opposed the signing of the ECFA with China and many experts, politicians, and protesters see a referendum for the ECFA as essential.[http://www.taipeitimes.com/News/front/archives/2010/03/26/2003469001 DPP poll reveals majority opposed to signing of ECFA], Taipei Times, 2010/3/26[http://focustaiwan.tw/news/aipl/201004090015.aspx DPP chairwoman renews call for referendum on ECFA], Focus Taiwan, 2010/4/9[http://www.taipeitimes.com/News/taiwan/archives/2010/04/22/2003471190 Ex-grand justice sees ECFA referendum as essential], Taipei Times, 2014/4/22

In 2016, Kuomintang vice chairman Hau Lung-pin proposed that the fate of a food import ban in place against some prefectures of Japan since the 2011 Fukushima Daiichi nuclear disaster be decided via referendum.{{cite news|last1=Hsu|first1=Stacy|title=KMT pushes for a referendum on food import ban|url=http://www.taipeitimes.com/News/taiwan/archives/2016/12/02/2003660416|access-date=2 December 2016|work=Taipei Times|date=2 December 2016}}{{cite news|last1=Chang|first1=Jung-hsiang|last2=Liu|first2=Kuan-ting|last3=Su|first3=Justin|last4=Wu|first4=Lilian|title=KMT vice chair calls for referendum on radiation-affected food|url=http://focustaiwan.tw/news/aipl/201612010018.aspx|access-date=2 December 2016|agency=Central News Agency|date=1 December 2016}} The Kuomintang legislative caucus moved to reduce turnout restrictions so the food import ban could be considered via referendum, but the proposal did not pass at the time.{{cite news|last1=Chung|first1=Jake|title=KMT proposal to amend Referendum Act defeated|url=http://www.taipeitimes.com/News/front/archives/2016/12/10/2003660913|access-date=10 December 2016|work=Taipei Times|date=10 December 2016}} A majority of people voted for question nine of the 2018 national referendum, expressing a desire for the import ban to remain in place.{{cite news |last1=Yang |first1=Ming-shu |last2=Yeh |first2=Joseph |title=Japan welcomes Taiwan's lifting of longstanding food ban |url=https://focustaiwan.tw/politics/202202080010 |access-date=8 February 2022 |agency=Central News Agency |date=8 February 2022}} In February 2022, the Tsai Ing-wen presidential administration lifted the import ban for most foodstuffs produced in the region, as long as proper documentation on the origins of the food and results of radiation inspections were provided. Foods from the region that were still banned from the Japanese market at the time of Taiwan's announcement, such as mushrooms, the meat of wild animals, and koshiabura, remained banned in Taiwan.{{cite news |last1=Teng |first1=Pei-ju |title=Taiwan lifts decade-long ban on Japanese food imports (update) |url=https://focustaiwan.tw/politics/202202080008 |access-date=8 February 2022 |agency=Central News Agency |date=8 February 2022}}{{cite news |last1=Lee |first1=I-chia |title=Ban on Fukushima food products lifted |url=https://www.taipeitimes.com/News/front/archives/2022/02/22/2003773537 |access-date=23 February 2022 |work=Taipei Times |date=22 February 2022}}

From 1990 to 2003, sixteen local referendums were called.{{cite news |author1=Han Cheung |title=Taiwan in Time: The dawn of the referendum era |url=http://www.taipeitimes.com/News/feat/archives/2018/12/02/2003705330 |access-date=2 December 2018 |work=Taipei Times |date=2 December 2018}} Since the Referendum Act passed, six local referendums have been held as of 2021. The first one was held in Kaohsiung in 2008 for reducing the size of classes in elementary school and high school. It was invalid due to its low turnout rate.[http://www.taipeitimes.com/News/taiwan/archives/2008/11/16/2003428746 Referendum short of threshold], Taipei Times, Nov 16, 2008 Four other local referendums attempted to legalize casinos and were valid due via special law: the ones held in Penghu in 2009 and 2016 failed[http://focustaiwan.tw/news/asoc/201610150012.aspx Penghu referendum rejects casinos again], Focus Taiwan, 2016/10/15 while the one held in Lienchiang in 2012 succeeded.[http://www.taipeitimes.com/News/taiwan/archives/2012/07/11/2003537468 Group says Matsu casino referendum was rigged], Taipei Times, 2012/7/11 A referendum on the establishment of casinos in Kinmen held in 2017 was defeated by low turnout and high opposition.{{cite news |last1=Wu |first1=Cheng-ting |last2=Liu |first2=Li-jen |title=Kinmen nixes casino development |url=https://www.taipeitimes.com/News/front/archives/2017/10/29/2003681240 |access-date=3 February 2022 |work=Taipei Times |date=29 October 2017}}{{cite news |last1=Sung |first1=Chinmei |title=Outlying Taiwan islands reject having casinos in referendum vote |url=https://www.bloomberg.com/news/articles/2017-10-28/outlying-taiwan-islands-reject-having-casinos-in-referendum-vote |access-date=3 February 2022 |work=Bloomberg |date=28 October 2017}} However, as in Mainland China, the largest potential tourist source, has explicitly expressed the opposition of its nationals to engage gambling, no legal casino has yet been established in Taiwan.{{cite news |last1=Strong |first1=Matthew |title=Taiwan offshore island of Kinmen rejects casino gambling by 9 votes to 1 |url=https://www.taiwannews.com.tw/en/news/3285017 |access-date=3 February 2022 |work=Taiwan News |date=28 October 2017}} Residents of Hsinchu passed a referendum about wastewater, held on the same day as the 2021 national referendum.{{cite news |author1=魯鋼駿 |title=新竹市有第5張公投票全台唯一 媽媽們訴求「喝好水」拚10萬人同意 |url=https://www.cna.com.tw/news/firstnews/202112140187.aspx |access-date=17 January 2022 |agency=Central News Agency |date=14 December 2021 |location=Taiwan |language=zh}}{{cite news |author1=魯鋼駿 |title=新竹市喝好水公投通過 市府應訂廢污水管理條例 |url=https://www.cna.com.tw/news/firstnews/202112180185.aspx |access-date=17 January 2022 |agency=Central News Agency |date=18 December 2021 |location=Taiwan |language=zh}}

• Constitution of the Republic of China
• Additional Articles of the Constitution of the Republic of China
• Elections in Taiwan

{{reflist|30em}}

• [http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=D0020050 Referendum Act], National Laws & Regulations Database of TAIWAN
• [http://www.fpri.org/article/2004/02/taiwans-referenda-constitutional-reform-and-the-question-of-taiwans-international-status/ Taiwan's Referenda, Constitutional Reform and the Question of Taiwan's International Status - Foreign Policy Research Institute]

{{Taiwanese elections}}

{{Referendums in Asia}}

Category:2003 establishments in Taiwan

Category:Politics of Taiwan