Election and Recall Act Amendment Takes Effect, Allowing Those with Suspended Sentences or Community Service to Run for Office

(CNA Reporter Yeh Su-ping Taipei, July 1) The Legislative Yuan passed an amendment to Article 26 of the Public Servants Election and Recall Act on June 12, removing the disqualification for candidates who have received a suspended sentence or are eligible for community service in lieu of imprisonment. The Presidential Office announced the law today.

Hsinchu Mayor Kao Hung-an was convicted of fraud in a case involving the alleged misappropriation of assistant fees, and her sentence was commuted to 6 months for forgery in the second trial. Fan Yun, the caucus whip of the Democratic Progressive Party, previously stated during legislative negotiations on the amendment to Article 26 of the Public Servants Election and Recall Act that because Kao Hung-an might be eligible for community service, it would be politically perceived as a case-specific amendment tailored for her, which she could not accept.

The Taiwan People's Party legislative caucus stated that the provisions of the Election and Recall Act clearly violate the constitutional right to run for office and the principle of proportionality for legal restrictions. Therefore, allowing judges to deem a sentence as "suspendable," indicating that first-time offenders or those with less serious offenses, as well as those subject to community service or fines which are lighter than suspended sentences, can have their eligibility to run for office restored through this amendment is "absolutely reasonable, legal, and constitutional." (Editor: Lin Ke-lun) 1150701

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