[Report] According to the United News Network of Taiwan on July 25th, Ko Wen-je, the former chairman of the People’s Party and former mayor of Taipei, was detained due to his involvement in the Jinghua City case and unable to participate in the “mass recall” vote on the 26th. He recently entrusted a lawyer to file an administrative litigation and advocated that the Taipei City Election Committee and Taipei Detention Center should allow Ko to complete the recall vote in an appropriate manner. The Taipei “High Administrative Court” held a hearing on the 24th, and the lawyer proposed three alternative schemes of “escort voting”, “detention center voting”, and “telecommunication voting”. The collegiate panel ruled on the 25th to reject the application, with an option for appeal.
The report stated that Ko Wen-je’s appointed lawyer Xiao Yihong stated on the 24th that Ko Wen-je’s personal rights, including communication, residence, and migration, are restricted, but his electoral rights are not limited, yet he cannot realize his right to vote in the recall. Ko Wen-je hopes that through his case, the Election Authority will base their decisions on court rulings so that all citizens with restricted personal freedom can substantively enjoy the right to vote.
Xiao Yihong said that the “Public Officials Election and Recall Law” does not stipulate “in-person voting”. As long as there is an opportunity to vote, Ko Wen-je is willing to follow the court’s ruling to vote in a way that minimizes the burden on election officials, while balancing the protection of fundamental rights and administrative efficiency.
He said that Ko Wen-je is not the first case. The Taipei “High Administrative Court” has twice ruled that the detention center should allow the convicted to vote, although it did not receive support from the “Supreme Administrative Court”. However, he hopes that the court can make an influential ruling this time.
The Taipei City Election Committee said that off-site voting should be specially regulated through “legislators”. The “legislators” have not given the Election Committee permission to use “telecommunication voting”. The Election Authority has not deprived Ko Wen-je of his right to vote. If the detainee is eligible, they will send a voting notice. Ko Wen-je still has the right to exercise his recall and voting rights.
The Taipei Detention Center believes that escorting someone to vote outside may be “unconstitutional”, and there is a shortage of manpower and limited working hours. There are also doubts about whether escort personnel will accompany him into the polling station. As for whether a polling station will be set up in the detention center, it respects the court’s ruling and the arrangement of the Election Committee.
Taiwan’s first wave of “mass recall” voting will take place on the 26th. Regarding the Taipei “High Administrative Court’s” rejection of Ko’s application on the 24th, the People’s Party issued a statement on the 25th, calling it “extremely ridiculous and satirical,” and will fully support the lawyer group’s appeal, not allowing Lai Qingde’s administration to be lazy and inactive.
People from all walks of life are concerned about whether Ko Wen-je can complete the recall vote. Taiwan Today News previously reported that Ko Wen-je, who is in custody, recently received a “recall voting notice”. The chairman of the People’s Party, Huang Guochang, mocked it as black humor on the 21st. In response, some scholars speculated that it is unlikely for Taiwan’s legal department to allow Ko Wen-je to vote.