Republic of China Presidential Election, 2004 - Contested Results

Contested Results

(official announcement of candidates; official announcement of results)

After all 13,749 polling places had reported, Lien appeared before his campaign headquarters and demanded a recount calling the vote "unfair". He demanded a full inquiry into the assassination attempt on Chen that had happened the day before, characterizing it as surrounded by "clouds of suspicion," seeming to fuel theories that it had been staged to get Chen re-elected.

On the next day, the KMT filed several lawsuits in major cities and Lien led 20,000 supporters in a march to the presidential office and staged an all night sit-in. This first set of lawsuits where thrown out because they were filed before a winner had been officially declared. Sit-ins were held in front of courthouses across Taiwan, with some protests becoming violent. The High Court ordered all ballot boxes be sealed, per Lien's demand. Protesters continued to camp on Ketagalan Boulevard outside the presidential office, despite Taipei Mayor Ma Ying-jeou's calls on Sunday night to have people return to work. On Monday morning, hundreds still remained, with numbers swelling to about 10,000 in the evening. The crowds still remained until one week later, demanding a recount and an international investigation into the apparent assassination attempt.

On March 23, President Chen issued three directives to quell the contested results:

• The Legislative Yuan should revise election laws to allow automatic recount if the margin of victory is less than 1% of the votes. The law, if passed, retroactively applies to the 2004 elections
• If the law is passed, the President agrees to have the recount as soon as possible and expects Lien to acknowledge the results from the recount.
• Since the President has shown goodwill in accepting Pan-Blue coalition's demand for a recount, the demonstrators in front of the Presidential Mansion should disperse and all protests be stopped.

The Legislature Yuan convened on March 26 to discuss the passage of the law, but the measure was not put to a vote. The Pan-Blue coalition demanded a recount by an executive order, bypassing the legislature; Chen claimed he had no such right, and that doing so would amount to declaring martial law.

Chen's controversial victory was officially confirmed by the Central Election Commission on March 26, 2004. Pan-Blue protesters stormed and hurled eggs at the CEC in response.

On March 27, 500,000 protesters massed in front of the presidential office (where protesters had remained all week). Lien told the crowd that he had counted more than 1,000 election irregularities (though he was not specific), but urged the crowd to disperse, promising more protests in the future if their demands were not met. Chen agreed to set up an independent task force to investigate the shooting and invited Henry Lee to be its leader.

At daybreak on March 28, 1000 riot police moved into Ketagelan Boulevard to forcibly remove the last 200 protesters remaining. Another protest was held on the following Saturday, April 3, in which 15,000 people attended. The protest was deemed illegal and violently broken up by police.

On March 29, Chen and Lu signed letters promising not to contest the newly re-filed Pan-Blue petition for a recount, bypassing a lengthy judicial inquiry. On April 2, the High Court gave both sides 5 days to agree on a means to conduct the recount. Meanwhile, the Pan-Blue Coalition dropped its demand for another round of voting by disenfranchised members of the military and the police. By April 7, a procedural agreement for the recount still had not been reached and Pan-Blue held another rally the following Saturday, this time more than 100,000 strong. This protest was peaceful for most of the day, but several hundred demonstrators tried to storm the president's office in the evening. Police fired water cannons to push back the protesters.

A second lawsuit, originally filed on April 5 and refiled on April 7, charged that the Central Election Commission improperly allowed the presidential election to occur concurrently with the referendum and failed to postpone it after the apparent assassination attempt. This lawsuit sought to annul the results of the election. This was rejected by the High Court on November 4, 2004, but the Pan-Blue coalition is appealing to the Supreme Court. The Court also asked Pan-Blue to pay for the cost of the lawsuit.

A judicial recount under the jurisdiction of a special panel of the High Court began on May 10 and ended on May 18. It was conducted by about 460 teams situated in 21 courthouses across the Taiwan area. Each team comprised seven members - one judge, two members each from the district court and the local government election authorities, and two witnesses each representing the plaintiff (pan-blue alliance) and the defendant (pan-green alliance). Any disputed votes were sent to High Court in Taipei for verification. After the recount, Chen was confirmed the winner of the election by a smaller margin (25,563 from 29,518).

The High Court ruled that the election was legitimate in both lawsuits and also eventually turned down the appeals. The judges declared in the 2nd lawsuit that the voter lists did not need to be considered as evidence despite reports that widespread election fraud was found in the voter lists.

In late 2005, the Central Election Commission ruled that video cameras would no longer be allowed in voting stations and also took measures to remove certain practices such as stamping the back of ID's to prevent repeat voting.