Taipei: The ruling Democratic Progressive Party (DPP) has filed a petition with the Constitutional Court to temporarily halt the enactment of recent amendments to the Public Officials Election and Recall Act, which came into effect on Thursday. The DPP argues that a temporary injunction is necessary to "maintain constitutional order," as stated by DPP legislative caucus whip Ker Chien-ming.

According to Focus Taiwan, Ker emphasized the constitutional basis for the petition, referencing Article 17 of the Constitution of the Republic of China (Taiwan), which guarantees the "right of [...] recall," and Article 22, which ensures that this and other rights are "guaranteed under the Constitution." Ker also highlighted Article 23, which states that freedoms and rights enumerated in preceding articles should not be restricted by law except under specific conditions.

The DPP's call for a temporary halt aligns with past court actions, notably an October 2024 ruling that found amendments to the Law Governing the Legislative Yuan's Power unconstitutional. The recent amendments, which passed Taiwan's legislature on December 20 last year, were supported by opposition lawmakers from the Kuomintang (KMT) and Taiwan People's Party (TPP), who hold a legislative majority.

In line with legal procedure, President Lai Ching-te promulgated the changes within 10 days of receiving them from the Legislature, with the amendments automatically taking effect on Thursday. Under the Public Officials Election and Recall Act, lawmakers are subject to removal if more than half of at least 25 percent of eligible voters in their district support a recall and if supportive ballots outnumber opposing ones.

The amendments have introduced stricter requirements for recall proposals and joint-signature petitions. Supporters of a recall must now provide a photocopy of their national ID during the signature-collection process, and fraudulent use of personal information for signing could result in severe penalties, including up to five years in prison or a fine of up to NT$1 million (US$30,516).

The issue of recall voting has gained significant attention, with the Central Election Commission (CEC) reporting over 54 recall proposals for lawmakers since February 3. The CEC has stated that these proposals will be managed "without discrimination" according to the pre-amendment version of the Act, as clarified by Article 131.

This wave of recall proposals targets over 30 KMT lawmakers, who, along with the TPP and two independents, hold 62 of the 113 seats in the Legislature. Successful recall votes against KMT lawmakers may shift the legislative power balance back to the DPP, which, despite winning the presidency in three consecutive elections, has encountered challenges in passing major legislation after losing its parliamentary majority last year.