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Elections: no 'aliens' allowed?
Source: Liberty Times
Is it really forbidden for foreign nationals to take part in Taiwan's elections? After reviewing the entire Public Officials Election and Recall Law, the Central Election Commission's Taipei City bureau has discovered no written regulations that clearly forbid it.
Recently Tu Cheng Chun-chu, a major witness in the homicide case of navy captain Yin Ching-feng, entered Taiwan on a German passport, with the expressed purpose of "attending meetings," and later appeared at a candidate's campaign rally, raising questions as to whether a "foreigner" can be allowed to help a candidate in an election.
The Central Election Commission Taipei City bureau election monitoring task force decided Monday to request the Bureau of Immigration to speedily confirm whether Tu has engaged in activities inconsistent with the intentions she stated on her entry application.
Tu returned to Taiwan from Germany last Saturday and appeared at a campaign rally in the Taipei area for independent legislative candidate Hsieh Tsung-min. She also held several conferences about the Lafayette frigate purchasing scandal, which is linked to Yin Ching-feng's 1992 murder.
Tu's entering Taiwan on a German passport raised questions as to whether foreigners are allowed to give their support in a political campaign. Police authorities have also been videotaping Tu's actions as evidence.
Nevertheless, the question of whether Tu's behavior is actually unlawful has been a point of vexation for Taipei's election commission, because they have yet to find any relevant law or regulation on the issue.
Several election monitoring task force members noted that the current Public Officials Election and Recall Law contains no relevant regulations barring foreigners from supporting a candidate in an election campaign. Therefore this case does not fall under the scope of the Public Officials Election and Recall Law, they said.
However, because Tu entered the country on a German passport, she has the status of a "foreigner" here, regardless of whether she also holds ROC nationality. Under provisions in the Entry-Exit and Immigration Law, if foreigners, while visiting or residing in the country, engage in activities contrary to the stated purpose of their visit or residence, they may be forcibly deported.
The election monitoring task force expressed the opinion that the Public Officials Election and Recall Law does not clearly define such terms as "competing in elections" or "supporting election campaign activities," giving the law a large gray area.
Election monitoring task force convener Kao Jui-cheng stated that during a report to the Central Election Committee Monday, he requested the Bureau of Immigration to confirm as quickly as possible whether Tu's stated reasons for applying for entry to Taiwan are consistent with her current activities.
In addition, because elections are an internal affair of the nation, foreign nationals should be restricted from interfering in them, Kao said, adding that he does not rule out requesting that the law be changed after the current elections, to clearly specify that foreign nationals are restricted from involving themselves in election activities.
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