The Chinese Nationalist Party (KMT) caucus’ push for a runoff voting system in presidential elections is shortsighted and might not align with Taiwan’s constitutional framework, Democratic Progressive Party (DPP) caucus chief executive Chung Chia-pin (鍾佳濱) said.
KMT Legislator Weng Hsiao-ling (翁曉玲) is proposing an amendment to Article 63 of the Presidential and Vice Presidential Election and Recall Act (總統副總統選舉罷免法) that would create a two-round voting system, while KMT Legislator Lo Chih-chiang (羅智強) is gathering signatures for a petition to amend the Constitution for a similar system.
Under a two-round voting system, if no candidate wins a clear majority in the first round, the top two candidates would proceed to a runoff to ensure the ultimate winner has majority support.
Photo: An Rong Xu, Bloomberg
The DPP believes that any change to the voting system must be in line with the Constitution, Chung said on Sunday.
It would not be feasible to apply different electoral mechanisms to different constitutional systems, he said, comparing it to cars.
“Whether it is an electric or fuel-powered car, a four-wheel or two-wheel drive would mean a completely different transmission system,” he said.
The KMT’s proposal is motivated by party interests, aiming at reclaiming the Executive Yuan, he said, adding that former president Chen Shui-bian (陳水扁) and President William Lai (賴清德) won with relative majorities.
The proposed amendment would benefit third-place candidates by potentially elevating them to second place or affecting which candidates make the runoff, Chung said.
While adopting a two-round system could be seen as enhancing the legitimacy of the president-elect, in the current political climate such a move would inevitably target centrist or “third force” candidates, said DPP Legislator Chuang Jui-hsiung (莊瑞雄), convener of the Judiciary and Organic Laws and Statutes Committee.
Passing an amendment without constitutional-level discussion and broad social consensus could trigger disputes over procedural fairness and legitimacy, he said.
Any such major institutional change should first undergo extensive public discussion, polling, and consultation from academic and legal experts to avoid bias, Chuang said.
Separately, Taiwan People’s Party deputy caucus whip Chang Chi-ka said that a two-round system could prevent a “minority-rule” presidency, pointing to Lai’s administration, which he said was “going to extremes” and disrespecting majority public opinion, contributing to political stability.
However, it would still require a constitutional amendment and the current threshold is extremely high, Chang said.
Even if an amendment is passed by the legislature, a subsequent national referendum would require 9.6 million “yes” votes to proceed, which would be a massive challenge, requiring tremendous social consensus and mobilization, he said.
Former Central Election Commission chairman Chen In-chin (陳英鈐) said that promoting a two-round voting system without amending the Constitution could result in greater controversy and sink the nation into a political crisis.
The spirit of the law supports one round of votes, Chen said, citing Paragraph 1, Article 2 of the Additional Articles of the Constitution of the Republic of China (中華民國憲法增修條文), which states that the presidential and vice presidential candidates who receive the most votes are elected.
Supreme Administrative Court Ruling No. 476 states that the Constitution does not allow for a second round of voting and that the Constitution would have to be amended for a two-round voting system to be realized, he said.
Two-round voting systems tend to create multiparty governments, in which minor parties attempt to solidify their position in the legislature, Chen said, adding that the system would also increase election costs, and could lead to increased political and social confrontations.
France holds presidential elections first and people then mostly vote for the party to which the presidential candidate belongs, but if Taiwan were to adopt a two-round voting system, people would vote for legislators first and then for the president, he said.
The French president can dissolve the parliament, but Taiwan’s president lacks such powers, which would sink the nation into a political standoff with no resolution, he added.
Additional reporting by Lin Che-yuan
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