Abstract

While attention is being focused on a "consultative" referendum proposed by the Executive Yuan to be held in March 2004 in conjunction with the presidential election, such relevant matters as the timing of the public poll, the selection of subjects, and its impact on the coming election have seldom been discussed.

The holding of a referendum together with the presidential election means the mix of two voting, one on "personage" and the other on "subject." Controversy may arise as to its potential effect on the fairness of the election, particularly when it is a close-run. The atmosphere built through referendum may help change the intention of certain voters, thereby reversing the election results.

Pending legislation on referendum ordinance, the lack of objective criteria in choosing the timing and the topics of the referendum may be questioned as a tactic of the ruling party to gain advantages in the election. While the government is talking about such subjects as
“joining WHO” and “continued construction of the No.4 nuclear power plant," many are asking why issues like the educational reforms, the north-south high-speed railway, or the direct transportation link between the two sides of the Taiwan Strait cannot be included on the agenda.

In other words, the present attempts of the government to decide on topics for the public ballot without a due procedure would surely be challenged by many as a scheme to use public resources to build up the strength of certain candidate. When it comes to democracy, the selection of topics should go through democratic process and the government should not be left with a freehand to decide on its own. Unfortunately, the Executive Yuan so far has not consulted with anyone outside of the government about other topics that may be considered for inclusion.

As to the timing of the referendum, it is inappropriate to couple it with the presidential election. The concurrent balloting will cause undue projection of referendum topics at the cost of other election issues, and could result in confounding the public attention. Consequently the fairness of the election will be compromised.

However, some may argue that there are cases in foreign countries where an election and a referendum are held simultaneously. The difference is that there is a legal foundation in those cases. Regardless of whether the referendum is launched by the government or initiated by the people, it must be staged in accordance with the procedures set by law. It is unheard of that any one in power would pick one or two topics at will to hold a “consultative” referendum that has no binding effect. None will believe in the government contention that such a referendum has nothing to do with the presidential election. The government cannot afford to be recklessly indiscreet.

.....the full text in chinese