Tue, Dec 12, 2006 page8

• Editorial: A recount yes, mischief no

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  Although the mayoral elections in Kaohsiung and Taipei have ended, Chinese Nationalist Party (KMT) Kaohsiung mayoral candidate Huang Chun-ying (黃俊英) has yet to concede defeat and instead has filed a lawsuit asking for the results to be invalidated. Democratic Progressive Party (DPP) candidate Chen Chu (陳菊) may have declared victory, but the battle isn't over yet.

  For Huang, defeat by just 1,114 votes is hard to swallow, as pre-election polls showed he was ahead by a solid 20 percent. Therefore, his decision to file a lawsuit and demand a vote recount is understandable and in accordance with the Election and Recall Law (選罷法). The public should respect his right to ask for a recount. Victories by 1 percent or less are nothing uncommon and in some countries they automatically trigger a recount to avoid political strife caused by lawsuits. The Central Election Commission (CEC) still has no such mechanism.

  When the results are this close, being able to certify the winner and loser via a legally mandated recount can only help bring harmony to Kaohsiung's political landscape.

  Although Huang's decision to file a lawsuit or demand a vote recount is acceptable, he has not helped his credibility by bringing forward a "witness" who claimed that votes had been miscounted and that duplicate voting notices had been mailed.

  First, KMT Legislator Lwo Shih-hsiung (羅世雄) and Kaohsiung City Councilor Lin Kuo-cheng (林國正) said that a family living in Kaohsiung's Chienchen District had received seven voting notices for the mayoral elections despite having only four family members. But this accusation turned out to be a misunderstanding, as the family had accidentally mixed up the mayoral election papers with those for their local neighborhood chief elections.

  Second, some of Huang's supporters accused polling station No. 160 at Lunghua Junior High School of incorrectly recording Chen's final vote count as 747 instead of 474, which would have given her 273 more ballots than she actually received. But this proved to be another unfounded accusation, as the number "474" had been clearly written on the blackboard and on the ballot bag at the station. This was later confirmed by the CEC, rebutting claims that there had been any wrongdoing.

  Taiwan has held elections since the Japanese era. Although they were fraught with vote buying and government manipulation during KMT rule, society has gradually come to accept that elections have become independent and impartial. With political parties and candidates now closely monitored, mistakes are possible, but there isn't much opportunity for illegal misconduct. Everyone can understand the Huang camp request for a recount. But it's unacceptable for people to use incorrect or fabricated evidence to make false accusations and stir up tensions.

  Pan-blue candidates Lien Chan (連戰) and James Soong (宋楚瑜) sued to invalidate the results of the 2004 election because of the shooting of the president and alleged vote rigging by the CEC, and their accusations were ultimately rejected by the courts. But society became tense because of it and almost two years were wasted sorting out the mess.

  A repetition of this in Kaohsiung should be avoided at all costs. The CEC should declare Chen the winner according to its administrative procedures so that the city can get back to business as usual. At the same time, the courts should handle Huang's lawsuit, and if necessary, overturn the results according to legal procedures.

  Taiwan already has a legal model for handling election disputes. It doesn't need politicians turning close results into an excuse to fan controversy.
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