臺灣「不在籍投票」的立法政策研析

Abstract

本文分六個部分，除第一部分前言外，第二部分是分析不在籍投票的意義及其類型與對象；第三部分簡介部分國家實施不在籍投票的概況；第四部分則分析實施不在籍投票應克服之問題；第五部分係實施不在籍投票的可行性分析；第六部分則是結論與建議。 Absentee Voting is a voting system used to guarantee the citizens’ basic suffrage in constitutional democratic countries. There are currently more than twenty countries practicing this system, including developed countries such as the United States of America, United Kingdom, Germany, France and the nearby Japan and Korea. Even countries such as Malaysia and Rhodesia, whose economic development are behind our country, have been practicing the system for years. Therefore, implementing Absentee Voting has become a common world trend. Although our country has had considered the practicability of Absentee Voting years ago, there has not been a common understanding due to the considerations from each party. Thus, it is a pity that the implementation of Absentee Voting in our country is continuously delayed. In May 2002, Teh-fu Huang and several lawmakers proposed the Draft Law of “Provisional Absentee Voting Regulation for the Mayor election in Taipei and Kaohsiung” and aroused vigorous discussions and attentions. In 2003, law makers from Kuo-Ming Tang and People First Party further proposed respectively the “Draft Law of Provisional Absentee Voting Regulation for presidential election”, the “Draft Law of Absentee Voting Act for presidential election”, and “Absentee Voting Act”. What they proposed were turned over to the Home and Nations Committee for discussion. However, with the termination of the fifth term legislature, the four above mentioned Acts have not been through the legislation process. There are few researches on Absentee Voting in the academia of our country. Considering the system as the trend for countries in the world, there is a necessity for our country to enforce its legislation. From the academic perspective, this article studies the legislation process of related acts in our country and the results of implementation in developed countries and wishes to provide reference for future legislation. There are six parts in this article: 1) introduction 2) the definition of Absentee Voting, its types and target audience 3) introduction the implementation of Absentee Voting in some countries 4) analysis of the problems needed to overcome in implementing Absentee Voting 5) analysis of the practicability of Absentee Voting and 6) conclusion and suggestions.