Are Politicians willing to allow Balloting Technicalities stop the Election?

Are Politicians willing to allow Balloting Technicalities stop the Election?
China Times editorial (Taipei, Taiwan, ROC)
A Translation
December 19, 2007

It is now less than one month away from the legislative elections, yet the dispute over balloting procedures remains unresolved. Central Election Committee General Secretary Teng Tien-yu, under questioning by legislators, conceded that any ballots cast at a polling station using a two-stage balloting procedure would still be valid. But 24 hours later, the ruling Democratic Progressive Party blasted Teng's statement as "merely his personal opinon ... he spoke out of turn." The ruling DPP repeated its threat to press criminal charges against any election official who dared implement the two-stage balloting procedure. It was then that Teng Tien-yu solemnly intoned: The dispute over balloting procedures must not be permitted to deprive citizens of their right to vote! Teng's statement should make politicians who ignore the interests of the nation and society blush with shame.

The dispute over the balloting procedure for the plebiscite/referendum has dragged on for half a year. Each side has had time to make the case for its own procedure, and cite its advantages over its opponent's. The greatest concern now is whether a balloting procedure technicality will prevent a successful election, or worse, deprive citizens of their right to vote.

Regrettably, both central and local governments, both Blue and Green camps, have never considered how to resolve such disputes. Instead, they only want to escalate the controversy. Their mutual denunciations and mutual intimidation are a vicious circle. They have enveloped the legislative election in a cloud of haze. Many people wonder whether the election can actually be held. Even assuming the voting process can be successfully completed, what about the vote counting process? Even assuming the vote counting process can be successfully completed, what about the announcement of the vote counting process?

We raise these questions not to frighten people. These are not groundless fears. An election on Taiwan has virtually become two separate elections. Blue counties are holding one election. Green counties are holding another election. Blue counties and Green counties have their own Blue and Green supporters. Add a tense election atmosphere, and who can be sure that Blue and Green camp supporters won't insist on having their own way at polling stations implementing either a two-stage balloting process or single-stage balloting process? Who can be sure they won't make trouble after being forcibly removed? Who can be sure any trouble won't be blown out of proportion by live media coverage and affect the entire island? With 73 electoral districts and 10,000 polling stations, it would take only a few incidents to start an island-wide conflagration. Will it still be possible to keep the polling stations open after that?

Once the ballots are cast, they must be counted. Because Chen's plebiscite/referendum has been illegally "package-dealed" with the legislative election, voters will cast up to four ballots. Therefore four ballot boxes must be counted. According to Central Election Committee estimates, the counting process will take two to three hours. What sort of incidents might take place in the interim? If they do, will the counting process continue? If not, will the ballot boxes be sealed and delivered straight to the Central Election Committee? Will that even be possible?

It gets worse. The Executive Yuan has alleged repeatedly that the two stage balloting process is "invalid." But according to what law? This has become a question in everyones' mind. According to the Civil Service Election and Recall Law, regardless of whether the election is considered valid or invalid, the Central Election Committee must announce the results. Any challenges to the results must be made after the the results have been announced. Four years ago the Blue camp protested the 319 Shooting Incident. They held a week long vigil in front of the Presidential Palace to prevent the CEC from announcing the results. But from a legal standpoint, if the CEC doesn't announce the results, how can one file a legal challenge? Four years later the Democratic Progressive Party is in office. Everyone in the ruling DPP, including Chen Shui-bian, repeatedly alleges that the two-stage balloting procedure is invalid. But according to what law? No one knows. The Central Election Committee's rulings on electoral matters can only be described as "Chen's word is law." What could be simpler than governing in accordance with the letter of the law? How could something so simple become a matter of public controversy? What will happen if the Central Election Committee really does decide not to announce the election results?

Both the Blue and Green camps will have supervisory personnel at 10,000 polling stations. Regardless of whether the Central Election Committee announces the election results, or posts the returns on the Internet, or delays announcing the results, these Blue and Green camp supervisory personnel will report the results of each polling station back to their campaign headquarters. The possibility remains that some candidates will prematurely declare that they won. When the time comes, election controversies will invariably erupt. No candidate can tolerate a rival illegally and prematurely declaring victory. An illegal announcement will lead to prosecution by the Central Election Committee for election law violations. Via the Central Election Committee, the Executive Yuan will determine whether the election results are valid or invalid.

The Democratic Progressive Party was once out of power. Now it is in power. All along the way, the DPP has prided itself on being a champion of democracy and progress. Is the DPP really willing to sit by as Taiwan's democracy descends to this? Is the DPP really willing to deprive citizens of their right to vote over a purely technical issue involving balloting procedure? Is the DPP really willing to precipiate chaos? The Central Election Committee is the primary agency responsible for overseeing election affairs. In the event a dispute arises with local authorities, it is obligated to do everything in its power to resolve such disputes. So why is it provoking disputes and creating social polarization?

It is now less than one month away from from the legislative elections. Whether Blue or Green, whether candidate or gofer, all politicians must put the people first, must put Taiwan's democracy first. Let them treasure this past half century and the hard-won achievements of our forbears. Do not allow Taiwan's democracy to regress. Do not allow society to descend into chaos and people to be overwhelmed by fear. Find solutions. Assume responsibility. Take concrete action. Find a way out of the balloting procedure controversy!

中時電子報
中國時報 　2007.12.19
朝野政治人物何忍讓選務爭議摧毀選舉
中時社論

　距離立委投票日已不到一個月，領投票爭議依舊糾結未解，中選會祕書長鄧天祐好不容易在立院公開答詢時宣稱二階段投票仍屬有效；事隔不到廿四小時，立刻被執政當局痛斥為個人之見、發言不當，並再度端出刑法伺候選務人員。鄧天祐則語重心長講了一句話：選務爭議不能影響投票權益！這句話，應讓所有只求勝選、不思國家社會利益的政客為之汗顏。

　領投票的爭議已經持續了半年，此中各種利弊得失，各方論述久矣，眼前最急迫的是，究竟會不會因為特定選務技術面問題，干擾選舉的順利進行，甚至直接影響人民的投票權益。

　遺憾的是，從中央到地方，從藍到綠，怎麼解決爭議一直未被重視與考量，反倒是有志一同致力擴大爭議。這種相互叫囂、甚至相互恐嚇的惡性循環，讓首次實施新選制的國會改選，蒙上揮之不去的陰霾。許多人擔心，選舉能順利進行嗎？就算能投完票能順利開票嗎？就算能順利開票，能有效公告嗎？

　這些疑問不是危言聳聽，不是杞人憂天，試想，當全台選舉一分為二，藍縣市用一套、綠縣市用一套，藍綠各縣市又各有藍綠支持者，加上緊繃的選舉氣氛，誰能預料會不會發生若干激情、急進的藍綠民眾，堅持在執行一階段的投開票所要求二階段領投票？或者，堅持在執行二階段的投開票所堅持要求一階段領投票？堅持未遂之後會不會鬧事？鬧事之後，當天經過媒體現場連線的轉播，會不會有擴大效應，波及全台？不要說全台七十三個選區，上萬個投開票所個個發生爭議，只要數個引爆爭議，這票還能繼續投下去嗎？

　甚至投完票之後，進入開票程序，由於這次立委併公投，有四張票要領，有四個票匭要開，根據中選會的規畫，開票時程至少會延宕二、三個小時，過程會不會發生什麼事？如果又生事端，還能繼續開票嗎？如果不能，是否要封匭直送中選會？更重要的，送不送得出來呢？

　更恐怖的是，由於行政院三番兩次宣稱二階段票「無效」，這個無效到底是依什麼法宣告？也成為各界疑慮的關鍵。根據公職人員選舉罷免法，不論是當選無效或者選舉無效，都得在中選會公告之後，再行提出選舉訴訟。四年前，藍軍抗議三一九兩顆子彈，靜坐凱道一周為的就是阻止中選會公告，但是，從法律面而言，不公告如何打這個選舉官司？然而，四年後，換成民進黨政府，包括陳水扁總統本人，都一而再、再而三強調二階段無效論，民進黨政府依的是什麼法？卻無人聞問，偏偏中選會辦選務迄今，唯扁意是從，有法依法的最簡單選務，竟成了眾人皆疑的爭議：萬一中選會真不公告該如何？

　坦白講，上萬投開票所，藍綠都有監票人員，中選會公不公告、要不要將票數上網，舉凡在投開票所的藍綠監票人員無不會將票數回報總部，不要說中選會不公告，即使晚公告，都可能出現候選人先行宣告當選的狀況，可以預期，屆時，選舉紛爭勢必更多、更大。沒有任何候選人可能忍受、遑論接受，一個不依法公告、依法定程序進行選舉官司，逕由中選會、甚至行政院認定有效與無效的選舉結果。

　民進黨政府從在野到執政，堅持的無非就是民主進步，忍心看到攸關台灣民主進步的重要選舉，落到這步田地嗎？忍心因為理應單純的選務技術問題，干擾人民的投票權益嗎？甚至成為社會紛亂不安的導火線嗎？中選會是辦理選務的主管機關，與基層發生爭議該做的事是盡量疏通、化解，何忍主動擴大事端，造成社會對立呢？

　距離立委選舉不到一個月了，不論藍的、綠的，競選者或抬轎者，請所有政治人物以人民為念，以台灣民主為念，珍惜這半世紀多來，所有民主前輩以血汗換來的成果，不要讓台灣的民主倒退，不要讓社會的不安與恐懼成真，想一點辦法，盡一點責任，展開具體的行動，為領投票爭議找出一個解套方案吧！