Referendum on 4NPP: Opportunity to Implement Absentee Balloting

Referendum on 4NPP:
Opportunity to Implement Absentee Balloting
United Daily News editorial (Taipei, Taiwan, ROC)
A Translation
March 8, 2013

Summary: The 4NPP referendum is an important democratic decision. No good reasons can be cited for opposition to absentee balloting via alternative balloting locations. Since the referendum on the 4NPP should be conducted through absentee balloting via alternative balloting locations, what reason can there be to oppose it during the presidential election? If absentee balloting can be implemented during the 4NPP referendum, perhaps we can established an alternative balloting locations system. This truly is a golden opportunity to advance the democratic process.

Full Text below:

The ruling and opposition parties are currently focused on the Number Four Nuclear Power Plant (4NPP) Referendum. Because the referendum law has a high threshold, by design, the anti-nuclear camp objects. Xinbei City Mayor Eric Chu has used the occasion to promote absentee balloting. Premier Jiang Yi -hua has gone even further. He argues that the presidential and vice-presidential elections are also excellent opportunities for the implementation of absentee balloting. We agree. Absentee balloting will probably increase voter turnout for the 4NPP referendum. We should use this as an opportunity to implement absentee balloting for the presidential election and other national level elections.

The referendum on the 4NPP is an golden opportunity for people to consider absentee balloting. The process of weighing the pros and cons of the referendum will increase voter turnout. Along with absentee balloting, the higher turnout will more accurately reflect public sentiment. Whatever the result of the referendum on the 4NPP is, it will have greater credibility and legitimacy. Since absentee balloting will have this effect on the 4NPP referendum, it will have the same effect on the presidential election.

In response to Eric Chu's proposal, DPP Chairman Su Tseng-chang said "The promotion of absentee balloting can be considered." But he opposed the application of absentee balloting to the election law or to presidential elections. He said the ruling party should not shift the focus from the referendum on the 4NPP.

Su Tseng-chang says he is "willing to consider" absentee balloting for the 4NPP referendum. He says "This facilitates the people exercising their rights as citizens." But if voting in the 4NPP referendum "facilitates the people exercising their rights as citizens," why refuse to apply it to other elections? Especially in the most straightforward kind of election of all -- presidential elections?

The DGBAS has investigated the issue. At least 15% of the people live away from their voting districts. The Ministry of the Interior has also made preliminary estimates. The 15% includes election officials, on duty police officers, military personnel, those who work away from home, and students. Altogether, they amount to 1.2 million people. Obviously facilitating 1.2 million people or 15% of the voters in the exercise of their voting rights during a referendum or presidential election, will have a decisive impact on the results. To uphold citizens' right to participate in the political process, and to accurately reflect public sentiment, clearly absentee balloting should be implemented.

The 4NPP referendum can become a valid referendum. The key is whether the one half threshold can be met, whether enough voters can be included via absentee balloting. There is near unanimous support between the ruling and opposition parties. The Ministry of the Interior should pick up the pace of deliberations. It must not miss this opportunity to implement absentee balloting for the very first time. As for extending absentee balloting to other elections, notwithstanding DPP concerns about transparency and ballot distribution procedures, these can all be overcome technically.

Absentee balloting is divided into mail in balloting, proxy balloting, advance balloting, designated balloting locations, and alternative balloting locations. The Democratic Progressive Party vehemently objects to mail in balloting originating abroad or with Taiwan businessmen on the Mainland. But the Ministry of the Interior made clear long ago that absentee balloting would not adopt mail in balloting. Instead, it would promote alternative balloting locations.

So-called alternative balloting locations accomodate voters who find polling day inconvenient or who live away from their voting districts. It enables voters to transfer to an alternative location prior to an election, enabling them to fully exercise their voting rights. Such a system allows students, office workers, or laborers, to transfer their balloting locations to nearby locales. They need not rush back to their voting districts. Su Tseng-chang paid lip service to "facilitating the peoples' exercise of their rights as citizens." This is not mail in balloting. It does not apply to overseas Chinese or Taiwan businessmen on the Mainland. This is not mail in balloting or proxy voting. It ensures that all absentee balloting is performed on Taiwan and in person.

Transferring to an alternative balloting location is feasible given the maturity of our electoral system, Risks can be minimized. This can uphold the constitutional provisions which stipulate "The people have the freedom to live and move about wherever they wish" and "The people have basic human rights, including election, recall, initiative, and referendum."

Absentee balloting is important to the full implementation of our constitutional rights. In principle they ought to apply in all elections, rather than be limited to "special cases" such as the 4NPP referendum. Of course, the "seven in one elections" at end of next year involves many issues and many voters. They are local level elections. Implementing absentee balloting for them may be too difficult. But a national referendum, or a presidential election involve the same constituencies. The balloting process is simple. They are entirely suited to the implementation of absentee balloting.

This newspaper's editorials have repeatedly called for preliminary steps toward the implementation of alternative balloting locations. These could be limited to central government elections for the president and legislators. The current electoral system lacks absentee balloting. It fails to uphold civil liberties and peoples' right to participate in the political process. Failure to ensure civil liberties and the peoples' right to participate in the political process is already a a constitutional violation. If absentee balloting can be implemented for the 4NPP referendum, it will upgrade Taiwan's democracy. After all, absentee balloting is standard practice in over 90% of the world's democracies.

The 4NPP referendum is an important democratic decision. No good reasons can be cited for opposition to absentee balloting via alternative balloting locations. Since the referendum on the 4NPP should be conducted through absentee balloting via alternative balloting locations, what reason can there be to oppose it during the presidential election? If absentee balloting can be implemented during the 4NPP referendum, perhaps we can established an alternative balloting locations system. This truly is a golden opportunity to advance the democratic process.

讓核四公投成為不在籍投票的起點
【聯合報╱社論】
2013.03.08 03:53 am

朝野聚焦核四公投，而因公投法的高門檻設計，引發反核陣營抨擊，新北市長朱立倫順勢拋出「不在籍投票」，行政院長江宜樺則進一步表示正副總統選舉與公投是實施不在籍投票很好的起點。我們也認為，應以不在籍投票提高核四公投的投票率，並藉此成為總統大選等全國性選舉不在籍投票的試辦起點。

核四公投是國人省思不在籍投票機制的良機。因為正反雙方皆主張「催票」，而經由不在籍投票，愈高的投票率愈能反映公民的參與，可使核四公投的結果更具公信力及正當性。不在籍投票用於核四公投，既有此效應；則用於總統選舉，自亦有此效應。

對於朱立倫的主張，民進黨主席蘇貞昌在第一時間表示「推動境內的不在籍投票是可以考慮的方向」，但反對將不在籍投票應用於選罷法或總統大選，理由之一是執政黨不該轉移核四公投的焦點。

蘇貞昌認為，核四公投採不在籍投票「可以考慮」，其理由是「方便國人行使公民權」。然而，若不在籍投票在核四公投可「方便國人行使公民權」，則為何不可用於其他選舉，也「方便國人行使公民權」，尤其是選票最單純的總統大選？

主計處曾調查，台灣地區至少有百分之十五民眾戶籍地與現居地不一致。內政部也初估，包括選務人員、值勤警察、軍人、在外工作、就學者共約一百廿萬人。顯而易見，在公投或總統大選中，這一百廿萬人或十五趴的選民，能否便利行使投票權，自對投票結果會有決定性的影響。為了維護公民參政權與準確反映民意，皆應推行不在籍投票。

核四公投能否成為「有效公投」，關鍵在於投票率是否跨過二分之一的投票門檻，如能納入不在籍投票，通過機會大增，朝野也幾乎一致支持，內政部應該加快腳步研議，以免誤了首度實施不在籍投票的良機。至於不在籍投票擴大適用於選舉，雖有民進黨人士擔憂的透明度、領票程序等問題，卻可從技術上克服。

不在籍投票分為「通訊投票」、「代理投票」、「提前投票」、「指定投票所投票」、「移轉投票」等。其中，最被民進黨質疑的是海外僑民或在大陸台商的通訊投票；但內政部早已表明，不在籍投票實施初期並不考慮納入通訊投票，而是優先推動「移轉投票」。

所謂移轉投票，即考慮選民在投票日不便或不能到戶籍地親自投票者，容許選舉人事先向選務機關申請移轉投票處所，以便就地行使投票權利。這種制度，可讓具有投票資格的學生、上班族或勞動者，就近在申請移轉的投票所輕鬆投票，不必趕返戶籍地，正是蘇貞昌口中的「方便國人行使公民權」。且因這非「通訊投票」，不適用於海外華僑或對岸台商，亦即不採「通訊投票」或「代理投票」，也可確保是「境內」及「親身」的不在籍投票。

移轉投票須事先申請，以我國選務運作的成熟度，應可將流弊降至最低，卻能積極保障憲法規定的「人民有居住及遷徙之自由」、「人民有選舉、罷免、創制及複決之權」等基本人權。

不在籍投票既是實踐憲法公民權的重要設計，理論上，即應成為各項選舉的「通例」，而非限於公投的「特例」。當然，像明年底的「七合一」選舉，因為選舉項目多、選票數也多，且為地方性選舉，實施不在籍投票相對複雜；但在全國性公投之外，總統選舉也是全國同屬一個選區，選票最單純，也是最適合實施不在籍投票的選舉。

本報社論多次呼籲，移轉投票實施初期，可限於總統及立委兩項中央級選舉；而現行選制少了不在籍投票，未能積極保障公民的自由權及參政權，其實已有違憲之虞。如今，若能在核四公投設置移轉投票，將使台灣的民主規制更上層樓，畢竟這已是世界上九成以上民主國家的通制。

核四公投是極為重大的民主抉擇，可說已舉不出反對不在籍移轉投票的道理；而既然核四公投應當採行移轉投票，則總統大選又有何理由排斥不在籍投票？倘能因核四公投，確立不在籍移轉投票的制度，這真是民主深化的珍貴機遇！