Chapter V: Election of the Chief Election Office and of the Election

INSPECTORS

ARTICLE 39. The National Government forms the Chief Election Office of the Representatives of the National Congress. The Office is headed by a Commissioner and a Deputy Commissioner. Election Inspectors are also specially appointed to direct and watch all affairs of the election. The appointment of the Chief Election Office is determined by order.

ARTICLE 40. The Election Inspector of every province is the Commissioner of the Bureau of Civil Affairs of the province.

The Provincial Election Inspector is the highest executive official of the province. In case there is no highest official, the Chief Election Office will appoint one of the executive officials to fill the post.

ARTICLE 41. In Special Municipalities directly under the Executive Yüan, the Inspector is the City Mayor.

ARTICLE 42. In elections in Liaoning, Kirin, Heilungkiang, and Jehol, and of liberal professional organizations, the Minister of the Ministry of the Interior will be the Inspector-General. In elections in Mongolia and Tibet, the Chairman of the Mongolian and Tibetan Affairs Commission will be the Inspector-General. In overseas elections, the Chairman of the Overseas Affairs Committee will be the Inspector-General.

ARTICLE 43. Elections in Mongolia, Tibet, and overseas and military elections shall be under the Inspectors appointed by the Chief Election Office.

ARTICLE 44. The qualifications of the electors, the nominated and elected Representatives shall be examined by the Inspectors.

ARTICLE 45. The date and locality of the election are fixed by the Election Inspectors.

ARTICLE 46. The rest of the officials for the election, _e.g._, ballot administrators and inspectors, etc., are also appointed by the Inspectors-General.

ARTICLE 47. Inspectors and officials for electoral affairs cannot be the Congress Representatives of that district or professional organization.

[ARTICLE 48 OMITTED IN THE TEXT.]

CHAPTER VI. ELECTION AND FORFEITED ELECTION

ARTICLE 49. The election is considered null and void if:

_i._ It is legally proved that more than one-third of the electorate
are cheating in or manipulating the election; or,
_ii._ It is legally proved that the election is not conducted
according to the laws prescribed.

ARTICLE 50. In case of an election being forfeited, it should be performed again according to law, unless it be too late to repeat under the existing circumstances.

ARTICLE 51. Elected Representatives lose their privilege when:

_i._ They die; or,
_ii._ It is legally proved that their submitted qualifications are
false; or,
_iii._ It is legally proved that the number of ballots is incorrect.

ARTICLE 52. When an elected Representative loses his privilege or when he refuses to take his privilege, the reserve Representative will take his place as prescribed in Article 8.

CHAPTER VII. LAW SUITS CONCERNING ELECTION AFFAIRS

ARTICLE 53. Electors or nominated Representatives who are not elected may file suit within ten days of the date of the election against any administrative officer of the election if they hold that he abuses his duty.

ARTICLE 54. If electors or nominated Representatives who are not elected see that the number of ballots cast for the elected Representatives are untrue, or that the qualifications of the elected Representatives are untrue, they may file suit within five days of the date for announcement of successful candidates.

ARTICLE 55. All law suits connected with election affairs will be heard by the Supreme Court. They shall take precedence over all other cases, and sentence will be given after one single hearing. Law suits connected with military elections will be heard before a military tribunal.

ARTICLE 56. Offenses committed during an election are governed by the criminal code.