Courtroom of the Constitutional Court of Taiwan

TAIWAN: CEC APPROVES NUCLEAR POWER REFERENDUM, REJECTS DEATH PENALTY VOTE

May 26, 2025:

Taiwan's Central Election Commission (CEC) on May 23, 2025 approved one of two public referendum questions proposed by opposition lawmakers in the Legislature Yuan, but was harshly criticized by the opposition for rejecting the other proposal.
The submission that was approved was a question on whether the Maanshan Nuclear Power Plant should resume operations, provided it is deemed safe by the relevant authorities. The vote is scheduled for Aug. 23, 2025.
The rejected proposal asked whether judges should be allowed to impose the death penalty without a unanimous verdict.
According to the CEC, that proposal was not allowed because it contradicted a constitutional court ruling in 2024 requiring unanimous decisions for death sentences.
In addition, the proposal does not qualify as a major policy issue under the Referendum Act, the CEC said in a statement.
Referendums initiated by the Legislature must follow the Referendum Act and can only address the creation or repeal of major policies, the agency said.
The death penalty proposal, it said, was deemed to be an attempt to change fundamental legal principles, which is outside the legal scope of referendums.
In contrast, the nuclear energy proposal deals with energy policy and fits within the rules for referendums. The plant stopped operating on May 17, and the vote will decide whether it can restart.
The referendum will be held nationwide on Saturday, Aug. 23, from 8 a.m. to 4 p.m., and will be listed as Referendum Case No. 21, the CEC said.
The CEC insisted that it is an independent body that must ensure all referendum proposals follow the law, even when submitted by the Legislature.
In response, the opposition Kuomintang (KMT) condemned the CEC for rejecting the proposed referendum on the death penalty, accusing the commission of "acting unlawfully and serving as a political tool."
In a statement, the KMT caucus said the Referendum Act does not grant the CEC or other administrative bodies the power to conduct "politically motivated reviews of proposals" submitted by the Legislative Yuan, calling the decision a "blatant abuse of power."
The CEC is headed by Lee Chin-yung, a longtime member of the ruling Democratic Progressive Party who gave up his party membership when he assumed office in February 2019.