Kaohsiung Mayoral Election - Aftermath Lawsuit

UNCLAS SECTION 01 OF 02 TAIPEI 004152 SIPDIS SIPDIS DEPT FOR AIT/W, EAP/TC, INR/EAP FROM AIT KAOHSIUNG BRANCH OFFICE E.O. 12958: N/A TAGS: PGOV PREL TW SUBJECT: Kaohsiung Mayoral Election - Aftermath Lawsuit SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY. ¶1. (SBU) Summary: Following a KMT loss in the Kaohsiung mayoral race by a tight margin to the DPP, KMT candidate Huang Chun-yin has sued DPP candidate Chen Chu for violating election law by falsely accusing him of vote buying just hours before the polls opened. Kaohsiung prosecutors have now detained two suspects who admit to distributing money to buy votes for Huang, though the source of their funding has not yet been determined. With official election results announced December 15, KMT's Huang is preparing to file a lawsuit demanding nullification of the election. End Summary. ¶2. (U) On December 8, the eve of the Kaohsiung mayoral election, the DPP released a videotape purportedly showing a campaign aide of Kuomintang (KMT) mayoral candidate Huang Chun-ying distributing cash to supporters riding on a tour bus to attend Huang's campaign rally. The DPP immediately lodged a vote-buying complaint with authorities against the candidate Huang. Huang's camp responded after the election by suing Chen Chu for violating election law in order to affect the election outcome by false allegations. Following an initial investigation of the DPP complaint, Kaohsiung prosecutors detained two suspects, Tsai Neng-hsiang and Gu Hsin-ming. Tsai admitted distributing NT$500(USD 15) to passengers in the bus. The second suspect, Gu initially claimed he was giving his own personal money to the passengers, insisting no one asked him to do so, simply because he admired the KMT candidate and wanted him to win. After prolonged questioning, Gu confessed he was requested by his employer Yang Ching-te to mobilize people for the rally. ¶3. (U) According to news reports, Yang Ching-te, a businessman and a member of KMT Huang's "Benevolence Support Group," returned from Hong Kong December 18 and reported to prosecutors. After an interview with prosecutors, Yang was released on NT$200,000 bail. Yang admitted that he had asked Gu Hsin-ming to mobilize people to attend two of Huang Chun-ying's rallies, one in mid-November and the other on December 8, the eve of the election. However, Yang denied he asked Gu to distribute cash to supporters and stated all expenses for the mobilization were paid by Gu. Yang also admitted that he was asked by Su Wan-chi, the chief consultant of the Yunlin Benevolence Support Group, to mobilize supporters to attend Huang's rally. Su Wan-chi had already reported to prosecutors on December 15 and admitted that he asked Yang to help mobilize supporters for Huang's rallies. Su was released after the interview. ¶4. (U) According to press reports, Tsai has no previous criminal record, but Gu has been convicted previously of attempted homicide and of narcotics abuse. Gu's statements to the "Liberty Times" newspaper indicate he had mobilized people to attend Huang's campaign rally on behalf of a former Kaohsiung DPP Legislator because that legislator had helped him in his business. ¶5. (U) Prosecutors learned from passengers on the two buses rented by Gu that they took money from Gu and were told to vote for KMT City Council candidate Huang Po-lin and KMT mayoral candidate Huang Chun-ying. However, these passengers who accepted the money told the prosecutor that they considered the money was simply a way to offset their expenses (lost wages) for taking time to attend a rally. Some also stated that they did not afterward vote for KMT Huang Chun-ying in the election. Kaohsiung prosecutors have interviewed 45 passengers on the tour bus and listed all of them as defendants. The total number of defendants in this vote-buying case is 49, including Gu, Tsai, Su and Yang. ¶6. (U) Huang Chun-ying's office claims the videotape is a forgery made deliberately in an attempt to affect the election result. The local KMT has publicized the license plates numbers of the 270 tour buses hired to transport supporters to Huang's rally on the night of December 8 to prove that the two busloads of passengers were not in vehicles hired by Huang. Chen Chu's office stated that they have solid proof in the tape showing the vote-buying activities on a bus, but that they would leave the case to the prosecutors' office for investigation, adding that the vote-buying, although not ordered by Huang himself, was still carried out on his behalf. Mayor-elect Chen Chu has stated to the press that she does not believe Huang Chun-ying personally was involved in the vote-buying. ¶7. (SBU) Given the narrow margin of just 1114 votes by which DPP candidate Chen Chu won the election, immediately following the election KMT candidate Huang petitioned the Kaohsiung District Court to seal all the ballots so a recount can take place. The Kaohsiung District Court's spokesperson Judge Tu told AIT/K that the Central Election Commission's December 15 announcement of the official election results triggers the start of the fifteen day period in TAIPEI 00004152 002 OF 002 which KMT's Huang Chun-ying may file an official legal request demanding nullification of the election. Once the District Court officially accepts such a case, the first hearing will be held. At that time District Court judges will decide based on evidence presented whether they should reexamine all or part of the impounded ballots. Tu said the District Court judges should complete their investigation and announce the court's decision within in six months. Taiwan's Election and Recall Law allows political parties to file only one appeal of the District Court decision to the High Court. If such an appeal is filed, the High Court judges must decide the case within six months. In any event, a case of this type can not drag on beyond one year. ¶8. (SBU) One of Huang's assistants, confirmed to AIT/K that Huang plans to file a lawsuit to nullify the election. The KMT will request not only a vote recount, but also a check of the registration rolls against the number of votes cast. Based on statements by certain election day poll workers, miscounting, fraud and potential ballot stuffing may have occurred at more than one polling station. Chen Chu's office replied that the KMT just cannot accept defeat. A professor at National Sun Yat-sen University stated that the election is so tense and the vote margin so close that the DPP would have filed a similar suit had it lost the Kaohsiung mayoral election. Comment -------------- ¶9. (SBU) It will take time to see whether or not the recount issue gains traction. KMT supporters remain angered by the election outcome, evidenced by heavy call volume to the KMT offices and to radio and TV call-in programs following the election. However, people in Kaohsiung have not forgotten the results from the call for nullification of the 2004 presidential election -- nothing. Kaohsiung observers generally expect this latest nullification lawsuit to meet a similar fate and the election results to go unchanged. THIELE WANG