Identifier
Created
Classification
Origin
07TAIPEI520
2007-03-07 09:02:00
UNCLASSIFIED
American Institute Taiwan, Taipei
Cable title:
Kaohsiung Mayoral Election Ballot Recount to Begin March 12
how-toVZCZCXRO8005 PP RUEHCN RUEHGH DE RUEHIN #0520 0660902 ZNR UUUUU ZZH P 070902Z MAR 07 FM AIT TAIPEI TO RUEHC/SECSTATE WASHDC PRIORITY 4349 INFO RUEHBJ/AMEMBASSY BEIJING 6431 RUEHGH/AMCONSUL SHANGHAI 0864 RUEHCN/AMCONSUL CHENGDU 1725 RUEHSH/AMCONSUL SHENYANG 5693 RUEHGZ/AMCONSUL GUANGZHOU 0043 RUEHHK/AMCONSUL HONG KONG 7682
UNCLAS TAIPEI 000520
SIPDIS
SIPDIS
DEPT FOR AIT/W, EAP/TC, INR/EAP
FROM AIT KAOHSIUNG BRANCH OFFICE
E.O. 12958: N/A
TAGS: PGOV TW
SUBJECT: Kaohsiung Mayoral Election Ballot Recount to Begin March 12
REF: A) 2007 Taipei 0273 B) 2006 Taipei 4125
SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY.
UNCLAS TAIPEI 000520
SIPDIS
SIPDIS
DEPT FOR AIT/W, EAP/TC, INR/EAP
FROM AIT KAOHSIUNG BRANCH OFFICE
E.O. 12958: N/A
TAGS: PGOV TW
SUBJECT: Kaohsiung Mayoral Election Ballot Recount to Begin March 12
REF: A) 2007 Taipei 0273 B) 2006 Taipei 4125
SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY.
1. (SBU) Summary: In response to the lawsuit filed by defeated
Kuomingtang (KMT) mayoral candidate Huang Chun-ying (ref A) on
December 28, the Kaohsiung District Court ruled on January 29 that
all ballots from the 2006 Kaohsiung mayoral election will be
recounted and checked during the period March 12-19, with any
questioned ballots to be examined and verified by a panel of judges
after March 19. Subsequently, on February 5, the Court rejected
Mayor Chen Chu's appeal for an immediate dismissal of the case.
Huang now is prepared to accept any court decision on the results of
the completed recount process. Mayor Chen Chu's camp, however, has
made clear its ongoing opposition to the recount and verification
process. End Summary.
2. (SBU) With regard to the ongoing lawsuit to nullify the
Kaohsiung mayoral election, an assistant of Huang Chun-ying told
AIT/K that Huang will accept any court rulings on the case if the
court completes its investigation procedures by carrying out a full
recount and a verification of questioned ballots. Although Chen
Chu's lawyers have not filed any more motions for dismissal, Huang
is now concerned that Mayor Chen Chu's lawyers may be planning a new
appeal to the court based on more technical legal grounds to
postpone or even stop the recount process. The assistant said Huang
would definitely not accept a court ruling to stop the recount.
3. (U) In order to solicit all possible evidence of alleged vote
rigging, Huang issued a press release on March 1 urging Kaohsiung
residents to report any irregularities they witnessed at their
voting stations on election day. Huang says he wants to help
identify further proof of irregularities to assist the court in the
process of ballot recount and verification. Furthermore, he offered
a reward totaling NTD five million (USD 151,515) to encourage people
to come forward. Any person providing evidence that proves factual
and useful to the court will become eligible for part of the reward.
Mayor Chen's spokesperson warned people not to be taken in by
Huang's reward offer, adding that people providing forged evidence
would run the risk of prosecution.
4. (SBU) Mayor Chen Chu's lawyers failed in their original February
5 appeal to the Kaohsiung court that requested Huang's nullification
lawsuit be thrown out immediately. Mayor Chen's assistant told
AIT/K that, while disappointed by this early February ruling, they
do not expect the recount to change the election result. They are
concerned, however, that the lawyers they have hired lack experience
in election lawsuits while Huang's lawyers worked for the KMT on the
2004 presidential election recount lawsuit. This assistant also
indicated that Mayor Chen is concerned the lawsuit could become part
of a political agenda in the Kaohsiung City Council for KMT City
Council members who wish to cause problems for Mayor Chen's
administration.
5. (U) In response to a separate lawsuit accusing Huang's camp of
vote-buying that Mayor Chen Chu filed against Huang Chun-ying on
election day, December 9, 2006 (ref B),the prosecutors' office on
February 3, 2007, charged two suspects with vote-buying. However,
the prosecutors' office dropped the counter-charges of libel filed
by Huang against Chen Chu, saying there was no "actual malice" in
Chen's original accusation of vote-buying.
Comment
--------------
6. (SBU) Most Kaohsiung residents do not expect Huang's lawsuit to
change the election result. Nevertheless, the recount and ballot
verification process could provide a means to resolve the doubts
that some Kaohsiung residents have in regard to the legitimacy of
Kaohsiung's current DPP administration. What remains to be seen is
whether Chen Chu would accept a judicial decision, based upon the
recount, if it declares Huang the winner of last December's election
and what it would mean for "rule of law" if she did not.
THIELE
YOUNG
SIPDIS
SIPDIS
DEPT FOR AIT/W, EAP/TC, INR/EAP
FROM AIT KAOHSIUNG BRANCH OFFICE
E.O. 12958: N/A
TAGS: PGOV TW
SUBJECT: Kaohsiung Mayoral Election Ballot Recount to Begin March 12
REF: A) 2007 Taipei 0273 B) 2006 Taipei 4125
SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY.
1. (SBU) Summary: In response to the lawsuit filed by defeated
Kuomingtang (KMT) mayoral candidate Huang Chun-ying (ref A) on
December 28, the Kaohsiung District Court ruled on January 29 that
all ballots from the 2006 Kaohsiung mayoral election will be
recounted and checked during the period March 12-19, with any
questioned ballots to be examined and verified by a panel of judges
after March 19. Subsequently, on February 5, the Court rejected
Mayor Chen Chu's appeal for an immediate dismissal of the case.
Huang now is prepared to accept any court decision on the results of
the completed recount process. Mayor Chen Chu's camp, however, has
made clear its ongoing opposition to the recount and verification
process. End Summary.
2. (SBU) With regard to the ongoing lawsuit to nullify the
Kaohsiung mayoral election, an assistant of Huang Chun-ying told
AIT/K that Huang will accept any court rulings on the case if the
court completes its investigation procedures by carrying out a full
recount and a verification of questioned ballots. Although Chen
Chu's lawyers have not filed any more motions for dismissal, Huang
is now concerned that Mayor Chen Chu's lawyers may be planning a new
appeal to the court based on more technical legal grounds to
postpone or even stop the recount process. The assistant said Huang
would definitely not accept a court ruling to stop the recount.
3. (U) In order to solicit all possible evidence of alleged vote
rigging, Huang issued a press release on March 1 urging Kaohsiung
residents to report any irregularities they witnessed at their
voting stations on election day. Huang says he wants to help
identify further proof of irregularities to assist the court in the
process of ballot recount and verification. Furthermore, he offered
a reward totaling NTD five million (USD 151,515) to encourage people
to come forward. Any person providing evidence that proves factual
and useful to the court will become eligible for part of the reward.
Mayor Chen's spokesperson warned people not to be taken in by
Huang's reward offer, adding that people providing forged evidence
would run the risk of prosecution.
4. (SBU) Mayor Chen Chu's lawyers failed in their original February
5 appeal to the Kaohsiung court that requested Huang's nullification
lawsuit be thrown out immediately. Mayor Chen's assistant told
AIT/K that, while disappointed by this early February ruling, they
do not expect the recount to change the election result. They are
concerned, however, that the lawyers they have hired lack experience
in election lawsuits while Huang's lawyers worked for the KMT on the
2004 presidential election recount lawsuit. This assistant also
indicated that Mayor Chen is concerned the lawsuit could become part
of a political agenda in the Kaohsiung City Council for KMT City
Council members who wish to cause problems for Mayor Chen's
administration.
5. (U) In response to a separate lawsuit accusing Huang's camp of
vote-buying that Mayor Chen Chu filed against Huang Chun-ying on
election day, December 9, 2006 (ref B),the prosecutors' office on
February 3, 2007, charged two suspects with vote-buying. However,
the prosecutors' office dropped the counter-charges of libel filed
by Huang against Chen Chu, saying there was no "actual malice" in
Chen's original accusation of vote-buying.
Comment
--------------
6. (SBU) Most Kaohsiung residents do not expect Huang's lawsuit to
change the election result. Nevertheless, the recount and ballot
verification process could provide a means to resolve the doubts
that some Kaohsiung residents have in regard to the legitimacy of
Kaohsiung's current DPP administration. What remains to be seen is
whether Chen Chu would accept a judicial decision, based upon the
recount, if it declares Huang the winner of last December's election
and what it would mean for "rule of law" if she did not.
THIELE
YOUNG