Detained Ex-Party Head Denied Vote in Recall Election

Legal Challenge Fails as Court Upholds In-Person Voting Rules

Former People’s Party Chairman Ke Wenzhe, currently detained, has been denied the right to participate in an upcoming recall vote due to his inability to cast his ballot in person. His legal team’s attempt to secure an alternative voting method was rejected by the Taipei Higher Administrative Court.

Ballot Access Blocked by Incarceration

Ke Wenzhe is being held in the Taipei Detention Center for an unrelated case. This physical confinement prevents him from attending a designated polling station to vote in the recall election for legislator Luo Zhiqiang. His lawyers argued that this situation infringes upon his fundamental right to vote.

Lawyer’s Plea for Communication Voting Rejected

The legal team proposed communication voting, where ballots could be sent to Ke Wenzhe via the detention center, allowing him to vote while minimizing disruption. “We are willing to cooperate with the court’s rulings and follow the most convenient method for the Taipei City Election Commission and Taipei Detention Center to perform administrative tasks,” stated his lawyer, Xiao Yihong. The aim was to protect the voting rights of detained citizens.

Court Cites Law Requiring In-Person Ballot Casting

The Taipei Higher Administrative Court, however, ruled against the request, citing provisions in the Election and Recall Law. The court emphasized that the current system requires voters to physically go to polling centers and cast their ballots in a voting booth. Allowing “communication voting” would contravene these established procedures. The court also noted that no specific regulations exist for facilitating voting within detention centers that would satisfy the legal requirements for the recall vote.

The court determined that it could not prove Ke Wenzhe was more likely to win his lawsuit, leading to the rejection of his plea. The ruling underscores the legal framework prioritizing public supervision and the secrecy of the ballot through in-person voting in designated public areas. The legal principle requires voters to cast ballots at their registered household locations, with methods for those deprived of freedom falling under legislative discretion.

Recent trends show a global move towards expanding suffrage for incarcerated individuals. For example, several U.S. states are reviewing or have implemented measures to restore voting rights to formerly incarcerated citizens, recognizing the importance of civic participation. However, Taiwan’s current election law, as interpreted by the court, does not yet accommodate such provisions for active recall elections.

The People’s Party has vowed to continue advocating for the voting rights of all citizens, regardless of their circumstances.