Campaign Finance

Regulation of political funds and campaign financing is still always a debatable issue in Taiwan. They are still continuing to develop the system in order to ensure a level playing field.  Below are the highlights of the important periods in Taiwan’s history of regulating campaign finance, from 1950 – present.:

1950 – 1979: Strict Regulations on Campaign Expenditure

It is in this period where campaign expenditures were strictly regulated by setting an expenditure limit

1980 – 1982: Laissez Faire

Campaign expenditure limits were repealed and lifted during this period as it cannot be carried out effectively.

1983 – 2003: Reconstructing the Regulations

There are three important developments during this period:

  1. After the 1980 General Election, campaigns were seen to cost a lot of money, therefore, Taiwan’s Legislative Yuan at that time amended the Election and Recall Law to restore the campaign expenditure limit.
  2. Regulation of Contributions to Political Funds were introduced
  3. Change of regulation from authorized to public censorship

2004 – Present: Drafting (or enactment) of the Political Donations Act

The Political Donations Act was enacted during this period. It formally removed the expenditure-limit method and established the contribution-regulated method. The focus of the regulation is on the political donations, their source, and how they are collected. Candidates receiving political donations need to submit the accounting report which will be audited by the Control Yuan and reviewed by the public. Among the features of the act are the following:

–      Control Yuan will be responsible for auditing of Political donations

–      Restrictions on fund raising

–      Allowable periods of fund raising

–      Candidates are required to open account in treasury

–      Donation limits are spelled out (for individuals, enterprises, civil associations)

–      Requirement  to submit of accounting reports

–      Purposes for surplus donations are specified

The current campaign finance regulations in Taiwan are based on the belief that setting an upper limit would infringe upon the freedom of expression and speech.  Although this is still challenged from time to time, for its unfair approach to those with lower socio-economic status and for its infringement upon their equality rights protected by the constitution.

 
Source:

Lai Chin-Kuang (2015), Director of Legal Affairs, Central Election Commission of Taiwan. Election Campaign Financing and Auditing in Taiwan. PowerPoint Presentation presented in the Asian Electoral Stakeholders Forum (AESF-2) in Dili, Timor Leste.

 

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