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Huang pins hopes on by-election

Former premier Su Tseng-chang meets Kaohsiung Mayor Chen Chu in Kaohsiung yesterday. Both criticized the Kaohsiung District Court's decision to annul the result of last December's Kaohsiung mayoral election and Su encouraged Chen to file an appeal. PHOTO: CNA

The Chinese Nationalist Party's (KMT) Kaohsiung mayoral candidate Huang Chun-ying (黃俊英) said yesterday he was ready to run for mayor on behalf of the KMT should the Taiwan High Court order a Kaohsiung mayoral by-election.

Huang made the remarks one day after the Kaohsiung District Court annulled Democratic Progressive Party (DPP) candidate Chen Chu's (陳菊) victory in last December's Kaohsiung mayoral election. A majority of judges agreed with Huang's argument that a vote-buying accusation made by the Chen camp on the eve of the election had impacted negatively on Huang's chances.

Huang filed lawsuits to challenge the outcome of the election and the election itself after losing to Chen by a razor-thin margin of 1,140 votes.

Huang said his camp was ready for a second trial as Chen has said she would appeal.

Huang said it was disrespectful on Chen's part to allege that the judges rendered their decision under the influence of political preferences.

"We respect the rival campaign's right to appeal, but I think I have a certain sense of responsibility toward the development of Kaohsiung City," Huang told a press conference, accompanied by his lawyers and Kaohsiung City Council Speaker Chuang Chi-wang (莊啟旺) of the KMT.

Chen, meanwhile, insisted yesterday she was the legitimate mayor.

"I don't think such an unreasonable ruling, which violates public expectations, has a place in Kaohsiung," she said while receiving DPP Kaohsiung City councilors and supporters at her residence.

"After a thorough ballot recount, we won 57 more votes than the original 1,114 vote difference, but the judges made such a ruling unacceptable to people in Kaohsiung," she added.

The Law on Local Government Systems (地方制度法) stipulates that Chen's position would remain unaffected until a final verdict had been made by the Taiwan High Court, which needs to be made within six months.

However, if the final verdict remains unfavorable to Chen, a by-election must be held, although Chen would be barred from running, the Public Official Election and Recall Law (公職人員選舉罷免法) states.

As the law states, a lawsuit may be filed to annul an election result under several scenarios, including instances when the total votes obtained were false and affected the outcome of an election; when a candidate coerced, threatened, or resorted to illegal means to interfere with other parties' electoral campaigns or others' right to vote.

Such a lawsuit may also be filed against candidates who bribe other candidates to withdraw from an election, or candidates who accept a bribe to opt out of an election or candidates who buy votes to such an extent as to influence the result of an election.

If a recount reverses the results of an election, the elected candidate will be relieved of his or her functions while his or her rival will take his place.

If a winning candidate loses the lawsuit the other three conditions, a by-election will be held, in which the candidate is barred from running.

In Chen's case, the district court annulled her victory under the presumption that she had "interfered in others' election campaign or exercise of the right to vote through illegal means."

If she accepted Friday's ruling, she would not be allowed to run in the by-election.

If a final verdict by the Taiwan High Court is not in her favor, she will also be barred from running in the by-election.

DPP Chairman Yu Shyi-kun said yesterday he and the DPP would throw their full support behind Chen in her quest for justice and would respect the due process of the law.

Yu made the remarks following his return from an 11-day visit to the US, during which he toured several cities.

President Chen Shui-bian (陳水扁) is also scheduled to visit Chen Chu at her mayoral residence today to show his support for her decision to appeal, Presidential Office sources said yesterday.

The president supports Chen Chu's decision to appeal and has full confidence that the ruling will be overturned by a higher court, the sources said.

Legislative Speaker Wang Jin-pyng (王金平), however, said in Taichung yesterday that the ruling could have a positive influence on the nation's election culture as future candidates would "behave themselves" and refrain from resorting to smear strategies.

ADDITIONAL REPORTING BY CNA
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