Chen beat Huang in the Dec. 9, 2006 election by just 1,114 votes, or 0.14 percent of votes cast, at the first count. Huang filed a lawsuit Dec. 28, 2006 asking for the result to be invalidated and the ballots recounted. Huang claimed that Chen's camp smeared him by airing video footage on the eve of the election allegedly showing men giving money to people on a bus returning from one of Huang's campaign rallies. The footage was aired repeatedly on pro-DPP news channels on polling day, which Huang insisted cost him the race.
The accusation of vote buying against Huang could be regarded as "a surprise attack," a June 15 TKDC press release stated, since it was made at a time when electioneering was not allowed. This left Huang no fair opportunity to defend himself without committing a similarly unlawful act. The court therefore concluded that this constituted an "illegal method," which stopped others from competing fairly or exercising the right to do so in a free manner, as stipulated in the Public Officials Election and Recall Act.
The press release stressed that, although the illegal act was committed by her campaign team, Chen should also be held responsible and the election result be annulled.
The district court overruled Huang's second lawsuit aimed at annulling the election itself on the charge that there were irregularities in election affairs and suspicions of vote rigging. The court stated that failure by the Central Election Committee to stop the actions of Chen's camp in time and mete out fines were not sufficient grounds for overturning the whole election.
Another reason for overruling the second lawsuit cited by the TKDC was that imperfections in the election had no substantial influence on the overall results. A recount started March 12 found only 457 questionable ballots, while awarding 57 more votes to Chen, thus increasing her margin of victory to 1,171.
In an unusual move, a statement presenting a minority opinion by one of the three judges was appended to the 67-page verdict and posted on the TKDC Web site. In the document, Judge Ku Chen-hui said that the "surprise attack" at most contravened CEC's order limiting the campaign period, while basic principles for a free and fair election were not disrupted as voters' fair opportunities to vote were not deprived.
While such a negative campaign tactic was not advisable, Ku continued, exposing an opponent's illegal or immoral acts using media outlets should be regarded as an act of free speech. He also noted that the video footage was not faked. Banning such activities by invalidating the election result could infringe on the specific freedom. Voter discernment, media self-discipline and appropriate responses by election commissions should be the main ways to end smear campaigns, the judge concluded.
Huang called the court decision "justice overdue." Other KMT politicians urged Chen to step down and allow a fair by-election to take place.
Chen vowed to appeal to a higher court, however. "Bringing vote-buying scandals to light is every citizen's duty," she said in a June 15 press release, asking, "Where does justice lie when one who was allegedly involved in vote-buying is allowed to win a lawsuit while an innocent person loses?"
Under the election and recall act, Chen has 20 days in which to file an appeal. The superior court then has six months to determine whether to uphold or reverse the district court's verdict, and its ruling is final.
CEC Spokesperson Teng Tien-you said in a June 16 China Times report that if the final verdict upholds the original one, the agency would have to relieve Chen of her mayoral status and hold a by-election within three months.
Write to June Tsai at june@mail.gio.gov.tw