Taiwan's Referendum Crossroads: Debating the Legality of KMT Proposals

The Central Election Commission (CEC) Calls for Broad Discussion on the Kuomintang's Referendum Initiatives.

Taipei, Taiwan – March 29 – The Central Election Commission (CEC) has signaled a need for comprehensive discussion on the legality of two referendum proposals submitted by the Kuomintang (KMT), Taiwan's main opposition party.

The CEC emphasized that the issues raised in these proposed referendums require "collective consideration and review from multiple perspectives" across Taiwanese society.

On Tuesday, the Legislature took a significant step, advancing the KMT's proposals to a second reading without the usual committee review. The proposed referendums touch on two sensitive topics: capital punishment and "martial law".

The proposed referendum on capital punishment, framed as "opposing the abolition of the death penalty," actually asks voters: "Do you agree that judges in a collegiate panel at all levels of courts do not need unanimous agreement to sentence a defendant to the death penalty?"

The second proposal, concerning "martial law," queries voters: "Do you agree the government should avoid war and prevent Taiwan from becoming a place of martial law, where youth die and homes are destroyed, as in Ukraine?"

This would mark the first time a referendum in Taiwan is initiated by the Legislature rather than by political parties or civic groups. The Referendum Act specifies that legislative-initiated referendums are limited to major policy initiatives.

CEC Chairman Lee Chin-yung (李進勇) has already voiced concerns, stating that the proposed referendum questions "would have no effect even if passed" due to their inherent illogical nature. He pointed out that the law requires referendums to address significant policy changes, either introducing new policies or reversing existing ones.

Chairman Lee stated the CEC's hope that the first referendum proposal submitted by the Legislature will be done in full compliance with the law, adding that it "requires collective consideration and review from multiple perspectives."

Furthermore, concerns were raised about the death penalty question not being consistent with its public framing.

Ruling Democratic Progressive Party (DPP) lawmakers attempted to block the confirmation of the meeting minutes from Tuesday, however, their actions were unsuccessful as Speaker Han Kuo-yu (韓國瑜) did not initiate the session.