Ko Wen-je convicted of corruption

March 31, 2026

Last week, the Taipei District Court issued a ruling former Taipei Mayor, TPP Chair, and Presidential Candidate Ko Wen-je 柯文哲 guilty of corruption in the Core Pacific City real estate development case, sentencing him to 17 years in prison.

This verdict will have massive reverberations throughout the political system, though it’s unclear right now exactly what those will be. Maybe I’ll find time to speculate about that in another post.

For now, let’s try to figure out what just happened. If you are like me, corruption cases are very difficult because they are, by their very nature, convoluted and misleading.

I found a Facebook by political commentator Wen Lang-tung 溫朗東explaining the court’s decision in relatively simple language to be very helpful.

I translated this post into English using Perplexity. I asked the program not to make any additions or changes, so the writing is very choppy. I will post the translation first and then the original Chinese version at the end. Hopefully this will help readers understand the corruption case and why Ko was found guilty.

Please note that this was a District Court ruling. It will be appealed to higher courts, and the sentences are usually reduced somewhat when they are appealed. I have no idea what the timeline is for this process.

If you really want to geek out, you can read the Judicial Yuan’s 35 page press release.

Here is Wen’s post:


Core Pacific City Case Verdict Press Release: Plain Language Version

[1. First, Understand Floor Area Ratio]

The size of your plot of land determines how much floor space the government allows you to build. This upper limit is called the floor area ratio.

For example, on a 100 ping plot with a 560% floor area ratio, the total floor area across all floors can be up to 560 ping. You could build 10 stories of 56 ping each, or 20 stories of 28 ping each, but the total caps at 560 ping.

Why the limit? More building means more people, leading to worse traffic congestion, poorer air quality, and insufficient parking. The cost of your extra building affects everyone around you. So the government regulates it.

The Core Pacific City plot’s limit is 560%.

[2. What Core Pacific City Wanted]

Core Pacific City Co felt 560% wasn’t enough and wanted more.

They argued: We previously had a higher figure (120,284 square meters of floor area), which should remain valid forever.

But in 2018, the government reviewed the urban plan and removed that old figure. Core Pacific City challenged it in court. Their administrative appeal was rejected. Then their administrative lawsuit in July 2020 was also ruled against by the court. The court said the old figure was a one-time guarantee, and claims of permanent validity didn’t hold up.

All legitimate paths were blocked.

[3. How Shen Ching-ching Took the Back Door]

With the front door closed, Shen Ching-ching (chairman of Weijing Group) found a back door: floor area bonus.

The concept of floor area bonus is that if your project benefits the city (e.g., disaster prevention, smart buildings), the government can grant extra floor area.

But here’s the key: Taipei City already has a full set of regulations (Land Use Zoning Control Autonomous Ordinance), specifying which cases qualify for bonuses, how to calculate them, and the caps. This was passed by the city council and has legal force.

Core Pacific City didn’t follow this path.

Instead, they used Article 24 of the Urban Planning Act, allowing landowners to propose their own “detailed plan amendment,” where they designed their own bonus items.

The problem: Article 24 only allows landowners to propose detailed plans; it says nothing about granting bonuses. Core Pacific City invented three bonus items (resilient city contribution, smart city contribution, livable city contribution) and calculated they could get an extra 20% floor area.

[4. Reasons the Court Found It Illegal]

The court gave five reasons.

First, no legal basis. Floor area bonuses involve major public interest (citizens bear the consequences of your extra building), so under the constitutional principle of legal reservation, they require a law or legally authorized order. You can’t invent bonus items for yourself.

Second, violates superior regulations. Land Administration Act Article 25 caps third-category commercial zone floor area at 560%. The Ministry of the Interior’s “Urban Planning Detailed Plan Review Principles” Point 8 prohibits exceeding superior regulations. Core Pacific City’s bonuses broke both caps.

Third, illegally applies urban renewal rules. The bonus items borrowed from urban renewal bonus methods, but Core Pacific City didn’t qualify for urban renewal. Using inapplicable laws is illegal.

Fourth, violates equality principle. This plan only applied to Core Pacific City’s plot. If approved, other landowners could say, “I want to use Article 24 to set my own bonuses too.” Rules can’t make special exceptions for specific people.

Fifth, experts and rank-and-file officials blocked it. In October 2020, the expert consultation meeting saw committee members say “legality concerns” and “lacks public benefit.” The Urban Development Department’s stance was always “favoring private interests,” with billions in cost disparity. These opinions were in the attached documents, visible to approvers.

The court emphasized: The issue isn’t “20% bonus is too much” (discretionary appropriateness), but “you can’t grant it at all” (legality). Defendants claimed the court should respect the Urban Planning Committee’s professional discretion, but the court replied: Without legal authorization, you haven’t even reached the “discretion” stage.

In short: No law says Core Pacific City could get what it wanted.

[5. How Ko Wen-je Committed the Crime of Intent to profit]

Intent to profit requires: public official + knowingly violating the law + giving private parties undue benefits.

Ko Wen-je, as mayor, had final say on administrative matters.

He knew Core Pacific City’s appeal was rejected. He knew the administrative court ruled against them. He saw the experts’ doubts in attached documents. The Urban Development Department’s position was “favoring private interests.”

With all this information laid out, on October 27, 2020, he still approved the document, sending Core Pacific City’s detailed plan draft to public exhibition.

Core Pacific City thereby gained a bonus equivalent to 18,463.2 square meters of floor area. Dingyue Co (the developer) was deemed to have obtained illegal benefits of over NT$12.1 billion.

[6. How Ko Wen-je Committed The crime of accepting bribes]

Look at the timeline.

February 20, 2020: Shen Ching-ching met Ko Wen-je at city hall. They talked alone for about an hour; Shen’s assistant Chu Ya-hu waited outside without joining. Shen left with a satisfied smile.

February 21, 2020: The next day, the Urban Development Department received Core Pacific City’s settlement proposal.

March 10, 2020: Ying Hsiao-wei proposed for Core Pacific City at a city council seminar.

March 17, 2020: Core Pacific City formally submitted its petition.

March 24-26, 2020: Shen Ching-ching instructed seven Weijing Group employees to each withdraw cash from the group and donate NT$300,000 each (the legal personal cap) as political donations, totaling NT$2.1 million wired to the Taiwan People’s Party political donation account controlled by Ko.

After wiring, Chu Ya-hu messaged Li Wen-tsung (Ko’s aide): “Little Shen stingily donated NT$2.1 million (seven people, NT$300,000 each per rules).” Li replied: “Elders and friends contribute drops in the bucket; the mayor and we are grateful.”

Then Ko used mayoral power to refer Core Pacific City’s petition to the Urban Planning Committee. Per rules, cases in litigation should just notify petitioners to follow original procedures; he didn’t need to—and shouldn’t have—sent it to the committee. But he did.

How did the court deem it bribery, not political donations? Four factors.

Who gave the money: Shen Ching-ching, seeking Ko’s help.

How: He didn’t appear himself; had seven employees each donate NT$300,000. A lump NT$2.1 million is obvious; split into seven small amounts is less noticeable.

Timing: Met February 20; money arrived end of March. Core Pacific City was intensively pressing the city during this.

What happened after: Knowingly pushed a legally untenable request using mayoral power.

The court saw it together: This NT$2.1 million was Shen’s price for Ko to push the bonus case. Calling it “political donations” was just packaging.

Bribery and intent to profit are two sides of the same act (imaginary concurrence); the heavier crime applies. Bribery is heavier, so 13 years here.

[7. Why the NT$15 Million Didn’t Convict]

Ko’s computer had an Excel file with one entry: “2022/11/1 Little Shen 1500 Shen Ching-ching.” The court confirmed “Little Shen” is Shen (he always messaged Ko as “Little Shen” or “Weijing Little Shen”). Other entries cross-checked as real.

But law says: Defendant’s admission can’t be the sole conviction evidence; needs independent corroboration. This Excel is Ko’s own creation—it’s an admission.

NT$2.1 million has corroboration: transfer records, Chu’s message, Li’s reply, subsequent actions.

NT$15 million has only the Excel row; no independent money trail or evidence proving delivery.

Ko messaged Huang Shan-shan “Weijing Little Shen already gave, don’t ask him again,” but the court said it could refer to the NT$2.1 million, can’t rule that out.

Conclusion: Evidence insufficient for conviction threshold. Doesn’t mean NT$15 million didn’t happen.

This shows the verdict’s quality: The court doesn’t convict on everything it sees. Over the threshold convicts; under doesn’t.

[8. Ying Hsiao-wei’s NT$52.5 Million Bribery]

Ying Hsiao-wei is a Taipei city councilor, reelected since 2010. As councilor, she pressured the city hall for Core Pacific City: frequent meetings with officials, demanding documents, proposing at council seminars. Goal: Speed up city actions favoring Core Pacific City’s bonus.

How did Shen pay her? A circuitous route.

2017-2019: From Weijing Group’s China Engineering Co, wired “donations” to “Huaxia Association” accounts controlled by Ying, totaling NT$6 million over three years.

November 2021: 17 days after city hall approved Core Pacific City’s bonus, Shen issued six checks from Weijing Group companies to Huaxia Association and four others, totaling NT$45 million. All five associations actually controlled by Ying.

2022: Additional NT$1.5 million via transfers and political donations.

Total: NT$52.5 million.

How prove association money was Ying’s? Tracked money flows to the minute and location.

Case 1: Chung-hua Martial Arts Association withdrew NT$2 million cash December 21, 2021 (“activity expenses”). But its 2021 financials show total expenses NT$380,000, year-end balance NT$4.61 million. The NT$2 million unrelated to activities. Actually deposited in three tranches (NT$600,000 x2, NT$800,000) to Ying’s bank loan account for repayment.

Case 2: June 15, 2022, aide Chen Chia-min withdrew NT$3.53 million cash at 10:15 a.m. from City Development Promotion Association account (Taipei Fubon Bank, Songjiang Road 200). 38 minutes later at 10:54 a.m., deposited NT$3.5 million cash to Ying’s Yuanta Bank loan account (Songjiang Road 192). Same road, walking distance under a minute. Association’s 2022 expenses only NT$14,920; the NT$3.53 million unrelated.

Case 3: August 8, 2022, Chen withdrew NT$2 million cash at 11:17 a.m. from Huaxia Hope Care Association (First Bank Daan Branch, Xinyi Road Sec. 4 No. 382). 32 minutes later at 11:49 a.m., deposited NT$2 million to Ying’s Citibank credit card account (Xinyi Road Sec. 4 No. 460). Slip says “prepay credit card fees, cardholder friend repayment.”

Timing, amounts match; distances tiny; no matching association expenses. Court: Associations were waystations; money’s true end was Ying’s loans and credit cards.

As for quid pro quo: Ying actively pressured during Core Pacific City vs. city litigation; continued after administrative court loss. November 1, 2021 city approval; November 18 checks for NT$45 million. “Long-sought demands realized, funds received immediately after—timing tightly matches.”

[9. Ying Hsiao-wei’s Money Laundering]

Ying used “withdraw cash, then deposit” to deliberately break electronic trails. Direct transfer from association to personal account leaves bank records, easily traced. Cash out/in severs the link: association shows “cash withdrawal,” personal shows “cash deposit,” no direct electronic tie.

This intentional flow-breaking earned a separate 3-year money laundering sentence plus NT$10 million fine.

Also, Ying fled before prosecutors searched, going to Taoyuan Airport then Taichung Airport to exit. Court factored this into sentencing: “Intent to obstruct justice, wasting judicial resources.”

[10. Shen Ching-ching’s Bribery and Intent to profit]

Shen Ching-ching initiated it all. He wanted more floor area, paid to unblock Ko and Ying.

He committed bribery (NT$2.1 million to Ko, NT$52.5 million to Ying) and intent to profit (with officials, illegally granting Core Pacific City the bonus). Court punished the heavier intent to profit: 10 years plus NT$20 million fine.

How prove he “knowingly” violated law? He knew appeal rejected, lawsuit lost, no urban renewal eligibility. Legit paths blocked, so he sought back doors. If truly legal, why spend over NT$50 million bribing? Just pursue legit channels. Spending that much proves he knew legit paths wouldn’t win.

Illegal benefits: Dingyue Co deemed to forfeit over NT$12.1 billion. Invest tens of millions for hundreds of billions back—that’s why he bribed.

[11. Ko Wen-je’s Embezzlement of Political Donations]

This is separate from Core Pacific City; Ko’s other crime.

Key question: Whose money are political donations?

Ko claimed: Donated to me is mine.

Court disagreed. Political donations have statutory use limits: special accounts, MOICA declarations, only for political activities. Candidate is more “manager” than full owner.

Simple reason: If political donations were candidate’s private property, transparency and no-profit rules would be meaningless. People donate for politics, not pocket money.

Direct embezzlement of NT$6 million cash: In 2022 as mayor, Ko took three NT$2 million cash donations specified for TPP. Neither deposited nor declared. NT$6 million vanished outside special accounts.

Drained NT$61.34 million via Muka Co: Ko-controlled “Muka Co” siphoned political donations under various names.

Portrait rights trick: Ko signed “portrait rights license” with Muka; Muka contracted campaign HQ for “license fees.” Transferred NT$15 million from donation account to Muka, then NT$4.5 million to Ko’s personal account (NT$2.44 million to family securities). Using own face for campaign, then charging own campaign “portrait fees”—court saw no real commercial nature.

Fundraising items: Ko’s Facebook, IG, TPP site called it “fundraising,” “donations,” “presidential campaign funds,” priced multiples of cost. Court deemed political donations. NT$41.33 million all to Muka, not special account.

KP SHOW concert: NT$8,800 tickets, promoted as “fundraising.” NT$770,000 surplus to Muka.

Tsai Feng Co NT$3 million: Wanted to donate to TPP, told “wire to Muka.” Went to Muka, not TPP account. Li Wen-chuan issued four fake invoices (“design consulting”) to disguise as business.

Diverted NT$8.27 million from Chung Wang Foundation: Set up for “social welfare, aiding vulnerable.” But Ko nominally hired campaign staff as foundation employees, paying salaries from foundation for campaign work. Salaries 60% of 2023 expenses. Welfare foundation became private piggy bank. Court found breach of trust.

[12. Other Defendants]

Huang Ching-mao (former Urban Development Department director): 6 years 6 months. Knew experts’ doubts, court loss, no bonus basis; still approved, assigned Shao Hsiu-pei to project team. Intent to profit.

Peng Chen-sheng (former deputy mayor): 2 years, suspended. Bridged Ko and department. Confessed in investigation, no personal gain; reduced then further mitigated per Criminal Code Article 59, no jail.

Shao Hsiu-pei (former department section chief): 1 year 3 months, suspended. Assigned by Huang to project team, suggested Article 24 detailed plan—the illegal path. Confessed, provided key testimony; Witness Protection Act reduction.

Li Wen-tsung (Ko aide): Guilty 4 years 6 months on some counts, not guilty on others. Embezzlement and breach of trust guilty. Bribery not: Received Chu’s message, thanked, but no evidence he knew Ko-Shen bonus deal or joined bribery intent.

Li Wen-chuan (Muka accountant): 2 years 4 months. Handled donation-to-Muka transfers, fake invoices hiding NT$3 million donations.公益侵占 plus false accounting.

Tuan Mu Cheng (accountant): 1 year. Knew major donation account issues, still issued “no violations found” audit; entered fake expenses in declaration system. Business false document crime.

Wu Shun-min: Not guilty. Post-retirement paid Weijing advisor and unpaid Ying advisor. Attended meetings, pressed officials. But no public official status post-retirement; doesn’t meet graft requirements. Weijing pay was advisor salary. No evidence he knew Ying’s bribes. Court: Behavior “highly improper,” but below guilt threshold.

Chang Chih-cheng: Not guilty. Weijing employee, followed Shen’s orders on proxy donations. Didn’t join Ko meetings; no evidence he “knew” bribes (at most guessed), didn’t join bonus push. Acted on orders, no joint intent.

[13. How Sentencing Was Decided]

Ko as mayor held top power, should protect citizens. Bribery NT$2.1 million, illegal bonus benefits over NT$10 billion, embezzled donations/foundation funds tens of millions. Shredded notes during search suggest evidence destruction. Hsu Chih-yu rushed abroad pre-search. Denied all throughout; court: “No favorable post-crime attitude, severely wasted judicial resources.” Didn’t return proceeds.

Why Ying’s bribery heavier than Ko’s? NT$52.5 million far exceeds NT$2.1 million. Association flow breaks show “high legal hostility.” Fled pre-search. Denied throughout.

Why Peng and Shao suspended? Both confessed, no personal gain. Peng further mitigated per Article 59. Shao extra Witness Protection reduction. Their statements/testimony evidenced others’ crimes.

[14. Confiscation Amounts]

Ko: NT$12.6 million.

Ko and Li Wen-tsung joint: Over NT$8.27 million.

Ying: NT$52.5 million.

Dingyue Co (Core Pacific City developer): Over NT$12.1 billion.

Muka Co: Over NT$61.34 million.

Dingyue’s NT$12.1 billion is the illegal bonus gains—the case’s weight.

[15. Overall Logic of the Verdict]

The reasoning chain:

Step 1: Bonus itself illegal. No legal basis, violates superior regs, equality; experts/staff warned. Issue is no authorization, not discretion.

Step 2: Ko et al. “knowingly” illegal. Appeal loss, lawsuit loss, expert doubts, department opposition—all in attachments, they saw.

Step 3: Money exchanges confirmed. Shen to Ko NT$2.1 million, to Ying NT$52.5 million; records and traces.

Step 4: Quid pro quo between money and acts. Who, when, how given; what done after—all matches.

Step 5: Strictly separates convictable from not. NT$2.1 million fully corroborated, guilty. NT$15 million only admission, not. Wu no official status, not. Chang no joint intent, not. Li’s bribery no intent evidence, not.

Court drew evidence line: Over convicts, under doesn’t. Some fully guilty, some partial, some fully not. Each with reasons.

The case will be appealed.

京華城案判決新聞稿白話版:

【一、先搞懂容積率】

你家那塊地有多大,政府就規定你最多能蓋多少坪。這個上限叫容積率。

比如100坪的地,容積率560%,你全部樓層加起來最多蓋560坪。可以蓋10層每層56坪,也可以蓋20層每層28坪,但總共就是560坪封頂。

為什麼要有上限?因為蓋越多、住越多人,馬路更塞、空氣更差、停車位更不夠。你多蓋的部分,代價是周圍所有人一起扛。所以政府要管。

京華城那塊地,上限就是560%。

【二、京華城想要什麼】

京華城公司覺得560%不夠,想要更多。

他們說:以前我們有一個更高的數字(120,284平方公尺的樓地板面積),這個應該永遠有效。

但政府107年重新檢討都市計畫,把那個舊數字刪了。京華城不服,去打官司。先提訴願,被駁回。再打行政訴訟,109年7月也被法院判輸。法院說那個舊數字是一次性保障,永久有效的說法站不住。

正規的路,全部走不通了。

【三、沈慶京怎麼走後門】

正門堵死了,沈慶京(威京集團主席)找了一條後門:容積獎勵。

容積獎勵的概念是,如果你的建案對城市有貢獻(防災、智慧建築之類的),政府可以額外多給你一點容積。

但重點來了。台北市已經有一整套法規(土地使用分區管制自治條例),寫清楚了哪些情況可以拿容積獎勵、怎麼算、上限多少。這套法規是市議會通過的,有法律效力。

京華城偏偏沒走這條路。

他們走都市計畫法第24條,讓地主自己提一個「細部計畫修正案」,在裡面自己設計容積獎勵項目。

問題是,第24條只說地主可以自己提細部計畫,裡面根本沒有寫可以給容積獎勵。京華城等於自己發明了三個獎勵項目(韌性城市貢獻、智慧城市貢獻、宜居城市貢獻),自己算出來可以多拿20%容積。

【四、法院認定違法的理由】

法院給了五個理由。

第一,沒有法律依據。容積獎勵涉及重大公共利益(你多蓋的部分,全體市民承擔後果),依憲法的法律保留原則,必須有法律或法律授權的命令當依據。你不能自己發明獎勵項目給自己。

第二,違反上位法規。土管條例第25條寫死了第三種商業區容積率不超過560%。內政部的「都市計畫細部計畫審議原則」第8點也規定不得逾越上位法規。京華城的獎勵突破了這兩道上限。

第三,違法準用都更。那些獎勵項目套的是都市更新的獎勵辦法,但京華城根本不符合都更條件。拿不適用的法來用,就是違法。

第四,違反平等原則。這個計畫只對京華城一塊地有效。如果准了,以後別的地主也說「我也要用第24條自己訂容積獎勵」,怎麼辦?同樣的規則不能給特定人開特例。

第五,專家和基層公務員都擋過。109年10月專家諮詢會議,委員直接說「有適法性疑慮」、「缺乏公益性」。都發局基層的立場一直是:這樣做是「圖利私人」,成本差距數十億。這些意見都在簽呈附件裡,核章的人看得到。

法院特別強調:這裡的問題,不在於「20%獎勵太多了」這種裁量適當性,而在於「你根本不能給」這種合法性。被告辯稱法院應該尊重都委會的專業判斷餘地,法院的回答是:你連法律授權都沒有,根本還沒進入「裁量」這個階段。

講到底就一句話:京華城想要的東西,沒有任何法律說可以給。

【五、柯文哲怎麼構成圖利罪】

圖利罪的要件:公務員+明知違背法令+讓私人拿到不該拿的好處。

柯文哲是市長,行政事務有最終拍板權。

他知道京華城的主張被訴願駁回了。知道行政法院也判京華城輸了。看得到簽呈附件裡專家的質疑。都發局的立場一直是「圖利私人」。

在這些資訊全部攤在面前的情況下,他還是在109年10月27日的簽呈上核章決行,讓京華城的細部計畫草案進入公告公展程序。

京華城因此取得的容積獎勵換算成樓地板面積是18,463.2平方公尺。鼎越公司(開發公司)被法院認定的不法利益是121億餘元。

【六、柯文哲怎麼構成收賄罪】

這要把時間線排出來看。

109年2月20日,沈慶京去市政府見柯文哲。兩人單獨談了大約一小時,沈慶京的助手朱亞虎在外面等,沒參與。談完沈慶京面露滿意微笑離去。

109年2月21日,隔天,都發局就收到京華城提出的和解方案。

109年3月10日,應曉薇在市議會座談會幫京華城提案。

109年3月17日,京華城正式提陳情函。

109年3月24日到26日,沈慶京指示威京集團7名員工,每人從集團領現金,再以個人名義各捐政治獻金30萬元(剛好是法定個人上限),共210萬元匯進柯文哲掌控的民眾黨政治獻金專戶。

朱亞虎匯完款後傳訊息給李文宗(柯文哲幕僚):「小沈十分小氣的捐了210萬(七人、依規定每人30)」。李文宗回覆:「長輩友人涓涓襄助,市長和我們都心存感激」。

之後,柯文哲用市長權力裁示把京華城陳情案送都委會研議。依規定,訴訟進行中的案子通知陳情人走原程序就好,他完全不需要也不該另外提送都委會。但他做了。

法院怎麼認定是賄賂而非政治獻金?看四件事。

給錢的人是誰。沈慶京,正在求柯文哲幫忙。

給錢的方式。他自己不出面,叫7個員工各捐30萬。一次捐210萬太明顯,拆成7筆小額就不容易被注意。

給錢的時間。2月20日見面,3月底錢到。這段時間京華城正密集向市府提要求。

收錢後做了什麼。明知京華城的要求在法律上站不住腳,還用市長權力往前推。

法院把這些合在一起看:這210萬就是沈慶京為了讓柯文哲推容積案而付的代價。叫「政治獻金」只是包裝。

收賄罪和圖利罪是同一件事的兩面,法律上叫想像競合,從重的罪處罰。收賄罪比圖利罪重,所以這一塊判13年。

【七、1500萬為什麼判不成】

柯文哲電腦裡有一個Excel檔案,其中一筆紀錄寫著:「2022/11/1 小沈 1500 沈慶京」。法院確認「小沈」就是沈慶京(沈慶京跟柯文哲傳訊息一律自稱「小沈」或「威京小沈」)。檔案裡其他筆紀錄經交叉比對,都是真的。

但法律規定:被告的自白不能當唯一的定罪證據,必須有其他獨立證據佐證。這條Excel是柯文哲自己寫的,性質就是自白。

210萬有佐證。匯款紀錄、朱亞虎的訊息、李文宗的回覆、後續的行政作為。

1500萬除了那行Excel,沒有獨立的金流紀錄或其他證據能證明這筆錢確實交付了。

柯文哲傳訊息跟黃珊珊說「威京小沈已給過,不要再找他」,但法院說這句話也可能是指那210萬,沒辦法排除這個可能性。

結論是:目前證據不夠,達不到定罪門檻。不代表1500萬一定沒有。

這段反而是整份判決裡很重要的品質指標。法院不會看到什麼就全部往有罪判。過門檻的定罪,沒過的就是不定。

【八、應曉薇收賄5,250萬】

應曉薇是台北市議員,從99年連任至今。她用議員身分幫京華城施壓市政府:頻繁約見公務員、大量索取資料、在議會座談會提案。目的是讓市府加速推動對京華城有利的容積案。

沈慶京怎麼付錢給她?走了一條迂迴路線。

106到108年,從威京集團旗下的中華工程公司,以「捐款」名義匯到應曉薇控制的「華夏協會」帳戶,3年共600萬。

110年11月,在北市府核定京華城容積獎勵之後17天,沈慶京用威京集團的公司開了6張支票,抬頭是華夏協會等5個協會,共4,500萬。這5個協會都是應曉薇實際掌控的。

111年,再以匯款和政治獻金方式交付150萬。

合計5,250萬。

法院怎麼證明協會的錢就是應曉薇的錢?追蹤金流,精確到分鐘和地理位置。

案例一。中華技擊協會110年12月21日提領現金200萬,傳票寫「活動費用」。但法院拉出這個協會110年的財務報表,全年支出只有38萬,年底結餘461萬。那200萬根本和活動無關。事實上分三筆(60萬、60萬、80萬)存進了應曉薇的銀行貸款帳戶還貸款。

案例二。111年6月15日,應曉薇的助理陳佳敏在上午10點15分從城市發展促進會帳戶提領353萬現金(台北富邦銀行,松江路200號)。38分鐘後在10點54分,把350萬現金存進應曉薇的永豐銀行貸款帳戶還貸款(松江路192號)。同一條路上,走路不到一分鐘。城市發展促進會111年全年支出只有1萬4,920元,那353萬當然和會務無關。

案例三。111年8月8日,陳佳敏在11點17分從華夏希望關懷協會帳戶提領200萬現金(第一銀行大安分行,信義路四段382號)。32分鐘後在11點49分,把200萬存進應曉薇的花旗銀行信用卡帳戶(信義路四段460號)。存款傳票寫「預繳信用卡費、持卡人朋友還款」。

時間間隔、金額吻合、距離極近、協會帳上沒有對應的支出。法院結論:這些協會只是過路站,錢的真正終點是應曉薇個人的貸款和信用卡帳戶。

至於對價關係,應曉薇在京華城與北市府訴訟進行中就積極幫忙施壓,行政法院判京華城敗訴後仍持續推動。110年11月1日北市府核定容積獎勵,11月18日沈慶京就開出4,500萬的支票。「長年訴求實現後,旋獲款項,時間點密接吻合。」

【九、應曉薇的洗錢罪】

應曉薇用「提現金,再存入」的方式,刻意切斷電子轉帳的紀錄。如果直接從協會帳戶匯款到個人帳戶,銀行系統有完整的轉帳紀錄,一查就查到。先提現金再存,帳面上就斷掉了。協會帳上只看到「提領現金」,個人帳上只看到「存入現金」,兩筆之間沒有直接的電子連結。

這種刻意製造金流斷點的行為,法院另外判洗錢罪3年、併科罰金1,000萬。

另外,應曉薇在檢察官搜索前就先跑了,輾轉到桃園機場,又轉台中機場準備出境。法院把這列入量刑考量:「意圖妨礙司法,徒增司法資源耗費。」

【十、沈慶京行賄與圖利】

沈慶京是整件事的發動者。他想要更多容積,花錢打通柯文哲和應曉薇。

他同時犯了行賄罪(給柯文哲210萬、給應曉薇5,250萬)和圖利罪(跟公務員共同讓京華城違法取得容積獎勵)。法院從比較重的圖利罪處罰,判10年、併科罰金2,000萬。

法院怎麼認定他「明知」違法?他知道訴願被駁回、知道行政訴訟敗訴、知道京華城不符合都更條件。正規途徑全部走不通,他才去找人走後門。如果真覺得自己合法,何必花5,000多萬行賄?走正規途徑到底就好了。花這麼多錢打通關節這件事本身,就說明他知道正規途徑贏不了。

不法利益有多大?鼎越公司被法院認定應沒收121億餘元。投入幾千萬換回上百億,這就是他願意行賄的原因。

【十一、柯文哲侵占政治獻金】

這部分跟京華城案是分開的,是柯文哲另外犯的罪。

先講一個關鍵問題:政治獻金是誰的錢?

柯文哲辯稱,捐給我的就是我的錢。

法院的看法不同。法院說政治獻金有法定用途限制,必須存入專戶、向監察院申報、只能用在政治活動相關支出。候選人的角色比較像「管理者」,而非完全的所有權人。

道理很簡單:如果政治獻金就是候選人私人財產,那政治獻金法要求公開透明、避免營利這些規定就全部沒意義了。人民捐錢是支持政治活動,而非送候選人一筆私房錢。

直接侵占600萬現金。柯文哲在111年還當市長時收了三筆現金捐款,每筆200萬,指定捐給民眾黨。收了之後既沒存入專戶也沒申報。600萬就這樣消失在專戶之外。

用木可公司掏空6,134萬。柯文哲透過他控制的「木可公司」,用各種名目把政治獻金搬走。

肖像權的把戲。柯文哲先跟木可公司簽「肖像權授權同意書」,木可公司再跟競選總部簽約收「授權金」。用這個名目從政治獻金專戶匯了1,500萬到木可公司。然後再從木可公司匯450萬到柯文哲個人帳戶,其中244萬轉進家人的證券帳戶。候選人用自己的臉做競選宣傳,然後向自己的競選專戶收「肖像使用費」,法院認為這完全不具備真實商業交易的性質。

募款小物。柯文哲的臉書、IG和民眾黨官網寫的都是「募款」、「捐款」、「選總統募款」,價格是成本好幾倍。法院認定這些收入性質是政治獻金。但4,133萬全進了木可公司帳戶,沒存入專戶。

KP SHOW演唱會。門票8,800元,宣傳寫「募款」。盈餘77萬同樣進了木可公司。

採風公司300萬。採風公司想捐錢給民眾黨,被告知「匯到木可公司就好」。300萬進了木可公司,沒進民眾黨專戶。李文娟還開了4張假發票,品名寫「設計顧問」,把捐款偽裝成商業交易。

挪用眾望基金會827萬。眾望基金會的設立目的是「從事社會公益、扶助弱勢」。但柯文哲把競選團隊的人形式上聘為基金會員工,薪水從基金會出,實際工作全部是處理競選活動。薪資支出占基金會112年度總支出的六成。公益基金會變成了私人金庫。法院認定背信罪。

【十二、其他被告】

黃景茂(都發局前局長),6年6個月。知道專家有質疑、知道行政法院判京華城敗訴、知道容積獎勵缺乏依據,仍然核章,還指派邵琇珮去參與專案小組。圖利罪。

彭振聲(前副市長),2年、緩刑。在柯文哲和都發局之間擔任橋樑角色。偵查中自白、個人沒拿好處,依法減刑再酌減,緩刑不用坐牢。

邵琇珮(都發局前科長),1年3個月、緩刑。受黃景茂指派參與專案小組,建議京華城用第24條提細部計畫,就是後來那條違法的路。偵查中自白,配合提供關鍵證詞,適用證人保護法減刑。

李文宗(柯文哲幕僚),有罪4年6個月,另有部分無罪。侵占政治獻金和背信有罪。但收賄部分判無罪。他收到朱亞虎的訊息、回了感謝的話,但沒有證據顯示他知道柯文哲跟沈慶京在容積案上的交易,無法證明他參與了收賄合意。

李文娟(木可公司會計),2年4個月。經手政治獻金專戶到木可公司的匯款,開假發票掩蓋300萬政治獻金。公益侵占罪加填製不實會計憑證罪。

端木正(會計師),1年。明知政治獻金帳目有大量疑點,仍出具「未發現違法」的查核報告,還自己在申報系統裡輸入虛構的支出交易。行使業務登載不實準文書罪。

吳順民,無罪。退休後同時擔任威京集團有給職顧問和應曉薇無給職顧問。參與了多次會議、頻繁關切進度、給基層公務員壓力。但他退休後已經沒有公務員身分,不符合貪污罪的身分要件。從威京領的是顧問薪資。也沒證據顯示他知道應曉薇收賄。法院說他的行為「固極有不當」,但達不到有罪門檻。

張志澄,無罪。威京集團員工,受沈慶京指示辦理找人頭捐款的事。但他沒參與拜會柯文哲的行程,沒證據顯示他「明知」那些捐款是賄賂(頂多是自己推測),也沒參與後續爭取容積的過程。照指示做事,沒有共同犯罪決意。

【十三、量刑怎麼決定的】

柯文哲是市長,掌最高行政權,理應維護市民權益。收賄210萬,違法容積的不法利益逾百億,侵占政治獻金和基金會公款數千萬。搜索時查扣撕碎便條紙,暗示湮滅證據的意圖。許芷瑜在搜索前兩天急著出國。自始至終否認全部犯行,法院認為「不足為犯後態度之有利考量,且嚴重耗費有限司法資源」。未繳回犯罪所得。

應曉薇為什麼收賄部分比柯文哲更重?收賄金額5,250萬遠高於柯文哲的210萬。用協會帳戶製造金流斷點「法敵對意識甚高」。搜索前企圖出境。全程否認犯行。

彭振聲和邵琇珮為什麼可以緩刑?兩人都偵查中自白、個人沒拿好處。彭振聲減刑後法院又用刑法第59條酌減。邵琇珮額外適用證人保護法再減。他們的自白和證詞反過來成為認定其他被告犯罪的證據。

【十四、沒收金額】

柯文哲:1,260萬元。

柯文哲、李文宗共同:827萬餘元。

應曉薇:5,250萬元。

鼎越公司(京華城的開發公司):121億餘元。

木可公司:6,134萬餘元。

其中鼎越公司的121億是京華城違法取得容積獎勵所獲得的不法利益。這個數字就是整件事的重量。

【十五、這份判決的整體邏輯】

整條推理鏈是這樣串的。

第一步,確認容積獎勵本身違法。沒有法律依據、違反上位法規、違反平等原則、專家和基層公務員都有警告。問題在於根本沒有法律授權,而非裁量適當與否。

第二步,確認柯文哲等人「明知」違法。訴願駁回、行政訴訟敗訴、專家質疑、都發局反對,全在簽呈附件裡,他們看得到。

第三步,確認有金錢往來。沈慶京給柯文哲210萬、給應曉薇5,250萬,有具體的匯款紀錄和通道追蹤。

第四步,確認金錢和職務行為之間有對價關係。誰給的、什麼時候給的、怎麼給的、收了之後做了什麼,全部對得上。

第五步,嚴格區分能定和不能定的。210萬有充分佐證,定罪。1500萬只有自白沒有佐證,不定罪。吳順民沒有公務員身分,不定罪。張志澄沒有共同犯意,不定罪。李文宗的收賄部分沒有證據顯示他參與合意,不定罪。

法院畫了一條證據門檻的線,過線的定罪,沒過的就是不定。有人全身有罪,有人一部分有罪一部分無罪,有人全身無罪。每一個判斷都有具體理由。

本案得上訴。

The Constitutional Court awakens

December 24, 2025

Remember when we all assumed the Constitutional Court was frozen? Well, apparently they didn’t agree.

On Friday, the Constitutional Court issued a ruling that the amendments to the Constitutional Court Procedure Act (CCPA) are unconstitutional and thus invalid. And just like that, the Constitutional Court is back in business.

I haven’t been able to find a news report that summarizes everything succinctly. There is a lot of background, a lot of legal questions, and a lot of arguments on every side, and I don’t have the time or energy to recap them all. Hopefully someone else will do that. Let me ask a few different questions.

When I heard this news, one of my first questions was, can they do that? I am not asking about the legality of the decision. Whether or not 5 of 8 judges have the right to sit and declare something unconstitutional is not my concern here. I am asking about power. Will the Constitutional Court be able to make this ruling stick? Will the controversial amendments actually be stripped out of the current law? Will the Constitutional Court be able to continue to meet and issue rulings? Will those rulings be respected by the legal system? I think the answer is yes.

Taiwan has a very bureaucratic government. If you have the right documents, things almost always go through smoothly. In this case, the Constitutional Court issued a ruling with the official seal the court (or maybe it was the official seal of the Judicial Yuan, regardless one of the news stories I saw had a picture of a document with a big red seal). There are lots of discussions about whether the Constitutional Court had the right to sit or issue this ruling, but the hard fact is that it did and the internal bureaucracy produced the critical document. They can send that document on to the next stage. I don’t know what the next stage is. It might be the Presidential office or the Ministry of Justice or something else. Regardless, it isn’t that body’s duty to adjudicate whether this decision was reasonable or not. As long as it is an official document from the Constitutional Court and not a forgery, their job is to do whatever the next step is. And then this goes on down the line, and the bureaucracy produces the prescribed output. Perhaps if the executive branch were controlled by the other party, someone would challenge the legality of this document. But since the DPP controls the executive branch, no one in a position of power has an incentive to stick their finger in the machine, so it should probably just operate according to normal bureaucratic procedures.

The reactions to the KMT and TPP also suggest to me that they don’t know how to oppose this decision. The KMT filed a lawsuit with the local court accusing the five judges of abusing their power. I can’t imagine that that is going to be very successful. There hasn’t been any noteworthy public reaction. I’m not aware of street protests or anything like that. In fact, this wasn’t even the biggest news of the day. Most people were more interested in the violent knife attack near an MRT Station in which several people were killed. The Constitutional Court did something? Ho hum.

The court gave two primary reasons for invalidating the CCPA: it violated the constitutional separation of powers and the legislature passed it using improper procedures. I think the first reason is on firm ground, though I’m not sure because I never found a clear statement of their reasoning. There were bits and pieces scattered here and there in various news reports. (I think) the gist of this argument is as follows. The Constitutional Court must be a continuing body, able to make decisions at any point in time. It has specific duties listed in the constitution that might come up, including impeachment of the president and banning a political party, and it must be able to adjudicate these matters promptly. Because of this, it is improper for the legislature to make a law that would prevent the court from meeting. It follows that amendments to the CCPA that required a minimum 10 judges to meet and 9 judges to rule something unconstitutional when there are only eight judges sitting represented the legislature extending its power inappropriately into the judicial branch. They did not rule that the previous version of the law that required two thirds of the judges to be present to meet was unconstitutional, but that would be consistent with this interpretation. (I’m not sure if they need to be formally asked to interpret a clause to make a ruling on it. I think they were only formally asked to interpret the amendments.) This is significant since only five of the eight sitting judges agreed to decision, and the other three refused to meet (insisting on respecting the amendments to the CCPA which were currently law). You will note that 5 is less than 2/3 of eight. The five judges decided to ignore the 2/3 law clause, ruling that the important thing is that 5 is a majority of 8. This all strikes me as tenuous but defensible, though remember I’m not a legal scholar.

The second reason is more problematic. The court ruled that the legislature did not follow proper procedures when passing the CCPA. During the second reading, the TPP introduced an amendment that the court said was completely different from the previous version. The TPP did not provide reasoning for this change or an explanation of the changes. There was no opportunity for legislators to question ministers the impact of these new changes, and social groups had no opportunity to express their opinions to the legislature. The court argued that these changes were important, technical, and difficult to understand, and there was no way that legislators could understand what they were voting for. The court also objected to the idea that the speaker ruled that the third reading passed without any objections rather than holding a roll call vote.

As a legislative scholar, I get a little nervous when a court tells a legislature how to handle its internal business. Social groups must be given an opportunity to express their opinions? Does this mean the court will mandate public hearings for every change to the law? Legislators must be able to question government officials about the impact of every bill? Is the court going to require a minimum amount of question time for every bill? The court said that this was a very complicated bill. Is the court going to set up different standards for complicated and uncomplicated bills? Who decides what is complicated? And actually, I don’t think this was a very complicated bill. I can understand the requirement that 10 judges be present for a meeting and nine judges approve ruling that something is unconstitutional. That’s pretty straightforward. If you want something complicated, try looking at national health care, financial regulations, or the budgets for local governments. Is the Constitutional Court going to decide which bills must go through a full committee review and which can go straight to the second reading? The point is, the court is wading into a morass of slippery slopes.

Ironically, the Constitutional Court is not extending the same reasoning it used for itself to the legislature. It decided that the most important thing for itself was that a majority of sitting judges agreed on a decision, and other requirements were secondary and could be ignored. However, it demands more from the legislature. There is no question that a majority of legislators were willing to vote yes for the amendments to the CCPA. That should be the most important thing. The internal procedures by which they come to this collective decision should be up to them.

The first reason the Constitutional Court gave for invalidating the CCPA amendments was that it violated the principle of separation of powers. In their second reason, they are arguably guilty of the same offense. This decision inserts the Constitutional Court into legislative procedures thus transferring legislative powers to the judicial branch.

One of the biggest questions I have going forward is about the three judges who did not participate in this decision. They issued a statement saying in no uncertain terms that this decision is invalid. As I understand it, they thought they had a duty to respect both the 10 judge quorum required in the amendments and the 2/3 quorum required in the original law. When the amendments are stripped out of the formal law, how will they react? Will they insist that the amendments are still there because the decision was illegitimate? Or will they treat this as a case their side lost and so now that the law does not have those amendments they have no obligation to uphold them? In the latter case, will they still insist on respecting the 2/3 requirement, or will they see that as having effectively been struck down as well?

There is a big difference between having eight of 8 judges and 5 of 8 willing to participate in court hearings. If only 5 judges are willing to participate but they need a majority to make a ruling, that effectively means that all five must be unanimous. Even if they are unanimous, it looks bad that a mere five judges can decide the constitutionality of some issue. It would look a lot better with 8 judges making the decision.

Taiwan’s Constitutional Court doesn’t have decades and decades of accumulated prestige to rely on. It hasn’t traditionally been thought of as a co-equal branch of government. In the last decade, it has begun to assert its constitutional power. However, it is far weaker than the executive and legislative branches. It should probably be careful about taking on an activist role in such a compromised position. A full slate of 15 judges would give it a much higher degree of legitimacy.

The final question is what this means for Taiwan’s overall politics. Domestically, if the Constitutional Court is back in business, this is a major boost for the president, The executive branch, and the DPP. There now exists a more legitimate check on the most egregious actions of the legislature than the dubious practice of simply refusing to countersign legislation.

I’m more concerned about what this means for the special budget for the proposed arms sale from the United States. The KMT was already taking steps to block it, and this will further infuriate them. This is going to be a heavy lift, requiring large doses of both international and domestic pressure.

Constitutional crisis

December 17, 2025

For all the hand-wringing about the controversial recall efforts in early 2025, there was never any question about their legality. The procedures for our recalls were clearly laid out in the election and recall law, and these were scrupulously followed. There was no legal crisis, much less a constitutional crisis.

Now we are in a constitutional crisis.

The premier has refused to countersign a law passed by the legislature even after it overrode his veto.* Rather than recount every step of this saga, I’m going to simply refer you to this Taipei Times article which does a fairly nice job of recapping the main points.

*Technically, the premier does not have a “veto.”  If they consider a bill “difficult to execute,” they can ask the legislature to ‘reconsider” it. A majority of the legislature (57 members) can reject this request. I’m going to ignore this verbiage and use the more common language of “veto” and “override.”

I’m not a legal expert, much less a constitutional scholar, so take this discussion with a bit skepticism.

As I understand it, there are two types of constitutional crises.

  1. The Constitution is unclear about how to proceed in a particular situation.
  2. The Constitution is clear, but politicians refuse to respect it.

In practice, almost all constitutional crises are the first type, since almost every politician worth their salt can come up with a plausible argument for why their actions are, in fact, constitutional. If they don’t even bother to argue that their actions are legal, this is not just a constitutional crisis, it is an attempted overthrow of the constitution. The current controversy is of the first type since both sides are making arguments that the constitution permits their behavior or requires their desired outcome.

There are two relevant clauses in the constitution.

Article 37: The President shall, in accordance with law, promulgate laws and issue mandates with the counter-signature of the President of the Executive Yuan or with the counter-signatures of both the President of the Executive Yuan and the Ministers or Chairmen of Commissions concerned.

Additional articles Article 3 (2): Should the Executive Yuan deem a statutory, budgetary, or treaty bill passed by the Legislative Yuan difficult to execute, the Executive Yuan may, with the approval of the president of the Republic and within ten days of the bill’s submission to the Executive Yuan, request the Legislative Yuan to reconsider the bill. The Legislative Yuan shall reach a resolution on the returned bill within 15 days after it is received. Should the Legislative Yuan be in recess, it shall convene of its own accord within seven days and reach a resolution within 15 days after the session begins. Should the Legislative Yuan not reach a resolution within the said period of time, the original bill shall become invalid. Should more than one-half of the total number of Legislative Yuan members uphold the original bill, the president of the Executive Yuan shall immediately accept the said bill.

The question, as the italicized sections indicate, is whether the premier has the right not to sign a bill passed by the legislature, thus blocking it from becoming law.

Premier Cho’s argument is based on Article 37, which seems to imply that the president can only promulgate laws with the premier’s consent. It does not explicitly say that the premier can refuse to countersign. However, if that signature is a requirement, doesn’t this imply the premier has the power to withhold it?

[He is also arguing that he has the obligation to withhold his signature because the bill is unconstitutional. Implementing this law would require violating the law governing national debt, forcing bureaucrats to act illegally by violating one law or the other.]

My impression, and I could be wrong, is that most legal scholars, including many who usually side with the DPP, reject this argument. I have a vague memory (sometime around 1992) of Premier Hau Pei-tsun making this argument when they were considering constitutional amendments, saying he might need to be able to reject something that President Lee and the legislature were trying to pass. His pleas did not elicit much public sympathy, to put it mildly.

Additional articles Article 3 (2) does not explicitly nullify the relevant provision in Article 37 of the original Constitution, but (I think) it is a general principle that amendments should take precedence over original clauses if they conflict.

The language in Article 3 (2) seems clear. “Shall” is a word used to indicate that there is no option. (In case you were wondering, the Chinese text is similarly unambiguous 行政院院長應即接受該決議). This seems to indicate when the legislature overrides the veto, the premier must sign the bill and it must become law.

President Lai and Premier Cho have argued that a slim majority the legislature is upsetting the separation of powers laid out in the constitution by accruing too much power to itself. However, consider the alternative. If the premier has the right to block a law by withholding a signature, this gives the executive branch a veto over the legislature. Let me stress this point. This would not be normal presidential veto, which can be overridden by a majority or super majority of the legislature. It would be an absolute veto. This was surely not the intent of the constitutional authors.

President Lai and Premier Cho are publicly stating that if the legislative majority does not approve of their actions, it has the right to pass a no confidence vote against Premier Cho and force him to resign. This will not happen since it would not force the executive branch to comply with the (current) legislative will. If the legislature passed a no confidence vote, President Lai would almost certainly invoke his constitutional right to dissolve the legislature and call for new legislative elections. From the perspective of the current legislative majority, this is a no-win situation. The DPP could win an outright majority, which would certainly undo all KMT/TPP legislative policies. The KMT might win an outright majority, which would be a disaster for the TPP. Most importantly, even with an outright KMT majority or a result that returned exactly the same legislature we have now, President Lai would still be in office and would still appoint the premier who might still refuse to counter sign legislation passed by the legislative majority. The no confidence vote is a provision designed to resolve problems arising from a fracturing legislative majority coalition in a parliamentary system. It is not designed to resolve conflicts arising from divided government in a presidential (or presidential-parliamentary) system.

Of course, whether the premier must countersign legislation is not the only constitutional question at hand. Normally, this dispute would be handed to Constitutional Court which would issue a decision one way or the other. However, the legislature has rendered the Constitutional Court impotent by raising the quorum required to meet and issue rulings above the current number of sitting justices. Lai and Cho are able to make a tenuous constitutional argument precisely because the body that would normally reject that argument cannot do so.

But perhaps this is their actual goal. There are currently seven openings on the Constitutional Court, but the KMT/TPP Coalition has repeatedly rejected all of Lai’s nominees. If the legislature were to confirm enough justices for the court to meet, the Constitutional Court might reject the idea that the premier has the right to withhold his or her signature. However, a constitutional court with a full set of judges would also be able to rule on the constitutionality of all bills passed by the legislature, including the one at hand.

To put it bluntly, the president is effectively telling the legislature to make a choice: either restore the power of the Constitutional Court or accept that the executive branch has an absolute veto.

For the record, I do not think the KMT/TPP coalition will meekly accept that they only have these two choices.

On a side note, one of the strangest things about this whole episode is how blasé society seems to be about it. We turned on the TV news last night expecting breathless reporters explaining everyone’s positions and red-faced pundits screaming about the intransigence of the other side and the death of democracy. Instead, we got a lot stories about traffic accidents, fires, and low-level crimes. In a polity where minor issues such as the payment to legislative aids can incite passionate diatribes, it is bewildering to me that an actual constitutional crisis is being treated as just another instance of normal politics. Ho-hum.

The recalls: what happened?

July 28, 2025

Voting for the 24 recalls was held Saturday, and they resulted in an unambiguous victory for the KMT. None of the 24 KMT legislators lost their seat. Only one of the recalls was even close. After a year in which the KMT bungled its response to the recall efforts again and again, it produced a shockingly triumphant result in the final and decisive juncture.

If you dig deeper into the outcomes, there are some more nuanced aspects to the results. I will discuss a few of those later in this post, but the biggest and most basic takeaway is that the KMT had a very good day and the recall campaigns failed utterly to achieve their goal of recalling any KMT legislators.

What caused this result? Pundits from all sides are busy spinning the outcome to tell you what it all means. In the aftermath of every election, you will hear a pundit passionately insist that, if they had only done what he proposed, the results would have been very different or that, precisely they because they did do what he favored, they got a successful outcome. And going forward, the only way they get a better result or continue to get good results is to pursue the strategy that he prefers.

I’m going to give you a far less satisfying answer. I don’t think there is one clear factor drove this outcome. Society is diverse, and different things mattered to different people. There are probably 20 different explanations, and, to some degree, they are all right. We don’t have any exit polls or other good objective evidence about what drove voting behavior; everyone is merely speculating. Some of the speculation is more reasonable than others, but no one has a definitive answer.

So let’s look at several of the proposed explanations, trying to remind ourselves that each one is probably somewhat right and somewhat incomplete.

  • This was not surprising. These were all blue districts that elected KMT legislators, and they continued to be blue districts that supported their KMT legislators.
  • This was not surprising. The KMT and TPP won 57% of the party list vote in 2024. They represent mainstream public opinion.
  • Voters saw the recalls as a cynical DPP power play to overturn the 2024 election, and they rejected it.
  • Voters did not want to give the DPP unified control of government. They would prefer the legislature to act as a check on DPP power and to effectively oversee the executive branch. They also worry about DPP dictatorial tendencies.
  • Voters don’t want to vote every year. They voted in 2024, and they didn’t want encourage recalls and perpetual election campaigning. They just want things to return to the normal, non-election environment.
  • This was an abuse of the recall provision. Recall should be done on a case by case basis rather than against an entire party, and perhaps only against legislators accused of corruption or other crimes.
  • Voters are sick of hearing about Chinese infiltration. KMT sympathizers, in particular, are sick of being accused being willing or unwitting lackeys of the CCP.
  • This was a vote of no confidence in President Lai.
  • Lai and the DPP didn’t get fully involved, leaving too much of the heavy lifting to the recall groups rather than fully mobilizing all their party resources
  • Voters were enticed by the prospect of a NT10,000 universal stipend
  • Voters were repelled by the DPP’s rejection of the death penalty for child abusers.
  • Voters are used to seeing majorities in the legislature ram their legislation through. The KMT/TPP hardball tactics to pass the legislative reform bill, the budget cuts, the Constitutional Court reform, and so on were not seen as fundamental violations democratic processes.
  • The balance of between the executive, legislature, and Constitutional Court Is too abstract for ordinary voters to care about.
  • Voters were not bothered by the budget cuts, and they were happy with reallocation of money from the central government to local governments.
  • Ko Wen-je has been detained for nearly a year while prosecutors investigate a corruption case. This duration is seen as unfairly long and motivated by political pressure from the DPP. It has also cemented the alliance between the KMT and TPP, giving TPP voters a reason to come out to vote against the recall.
  • The KMT legislators were strongly supported popular mayors, and this was a show of support Chiang, Hou, Chang, and Lu.
  • I’m sure I’m overlooking half a dozen more arguments.

The narrative that’s starting to slowly gel in my head goes something like this. Late last year, the recall groups were organizing credible campaigns against several of the most controversial legislators. At that point, it was possible to argue that these particular legislators had violated fundamental democratic norms and needed to be replaced without necessarily arguing that the entire KMT/TPP coalition needed to be replaced. However, simply replacing 4 or 5 controversial KMT legislators with a different set of KMT legislators would not have solved the DPP’s problem of being a minority inside the legislature. For that, they needed to flip some seats, and that required attacking legislators in marginal seats rather than the most controversial legislators. However, once the DPP announced a universal recall campaign, the underlying logic shifted to a more fundamentally partisan clash. In a nutshell, it became very difficult to argue that KMT sympathizers should recall someone controversial like Wang Hung-wei and not worry about the partisan implications because they could replace her with another KMT legislator while simultaneously arguing that they were trying recall KMT legislators everywhere in order to change the balance of power in the legislature. The result of weakening this argument against controversial legislators was that the only viable path to success was a significant shift in public opinion away from the KMT and toward the DPP. In January and February, when the die was cast, a shift in public opinion didn’t seem too far-fetched. Polling showed that support for Lai and the DPP was holding up fairly well and the numbers for the KMT and TPP were lower than in January 2024. Critically, if this was turning into a partisan fight, the DPP needed to go all out. They needed to send out all their big guns, including the president, premier, mayors, all major party figures, and all legislators to all the marginal districts in an effort to change a few minds in those critical districts to transform them from light blue to light green districts. Instead, the big guns mostly stayed in the background, leaving the spotlight to the recall groups. In the end, the recall results did not show any evidence of a significant shift in public opinion. The results in July 2025 look a lot like the results in January 2024.

Of course, this is the narrative that I’m developing with the benefit of hindsight. None of this seemed obvious in the moment. Oh, and most of those other factors that I listed above also had an impact.

Whatever the reason, the indisputable fact is that the KMT turned out more people than the recall movements. One way to illustrate just how thorough the KMT victory was is to think about the 25% threshold. The No vote exceeded the 25% threshold in all 24 districts, while the yes vote only exceeded that threshold in seven cases. That is, even if no KMT supporters had turned out, only 7 legislators would have been recalled. The yes side simply did not turn out enough voters to achieve its goals. Meanwhile, the no side turned out more than enough. From this perspective, the outcome was both a KMT success and a recall failure.

One of the premises of recalls is that voters delegate political power to politicians in general elections to act on their behalf, and, if they are dissatisfied with the performance of those politicians, they can withdraw that delegation through a recall. This suggests that a recall should either show some evidence of voters changing their minds or of a decisive shift in passion and energy (or both). Some people who originally supported the politician should now regret that decision, or a large number of voters who could not be bothered to turn out in the previous election must be mobilized (or previous voters must become apathetic). We did not see any systematic evidence of this kind of shift in public opinion in these recall results. In general, voters reaffirmed the choices they made in 2024.

The first and second stages of the recall process involved petition drives. In these stages, people who were dissatisfied with the legislator were mobilized to sign petitions. The overwhelming majority of these people were never supporters of the legislator. These petitions represented high levels of anger and disgust among the part of the electorate that opposed the legislator in the first place. In the 3rd stage, the supporters had their chance to weigh in. It turns out, they did not feel the same way as all those people who signed petitions.

(We didn’t see any evidence of a shift in public opinion in the other direction either. There isn’t much reason to believe that people who voted for president Lai or DPP legislators regret those choices.)

If one judges the recall campaign by whether they were able to recall legislators – and that was their stated objective – these recalls were a total failure. However, perhaps we should take a broader view of this process. There are some ways in which these recalls impacted political behavior and might affect strategic calculations going forward.

I doubt any of the KMT legislators particularly enjoyed going through this recall experience. They all survived, but they had to fight to keep their seats. They had to spend a lot of time and energy – and probably a bit of money – to mobilize their supporters for a vote that none of them asked for. I’m quite sure that they would have preferred to spend the last few months doing something else with their time and energy. It’s possible that the lesson they and future legislators take away is that they don’t have to worry about recalls, but it’s also possible that the enduring lesson will be to try to avoid the stress of recalls by behaving in less controversial ways. Having to fight a recall is, in and of itself, a significant penalty.

There is a bit of anecdotal evidence that KMT legislators changed their behavior during the last six months as the gravity of the recall threat sunk in. There has been far less controversial news coming out of the legislature in the last few months than in 2024. The majority coalition has focused its efforts on more popular legislation such as the NT10,000 stipend or the bill dealing with child abuse and less blatantly partisan legislation seeking to alter the fundamental balance of power between the branches of government. We have heard stories about legislators spending more time going home to do constituency service. One vivid example of this is Lee Yen-hsiu’s decision to resign her position in the KMT leadership in order to spend more time in her constituency fighting the recall. Inside the legislature, there have also been stories about toned down rhetoric. Legislators who a year ago were yelling and screaming at government ministers have been much more polite and restrained in recent months.

The recalls have effectively changed the calculations involving the political calendar. In 2024, the next general elections were nearly three years away. The majority coalition seemed to believe it could act with impunity since voters would probably forget about things in 2024 by the time late 2026 or early 2028 rolled around. The recalls turned 2025 into an election year, and legislators had to adjust their behavior. One might think that, since the shackles are now off, they will go back to their previous behavior. However, it will not be long until the 2026 election season kicks off in earnest, so legislators might have to be might have to consider the effect of their behavior on that election. In other words, the recall campaign may have effectively cut a year out of the “normal” times in which legislators don’t worry too much about public opinion.

What about those controversial legislators? Earlier, I suggested that the argument against them had been weakened by the transformation from a few individual-based recalls to a broad-based partisan recall. Even so, there is evidence that these controversial legislators underperformed compared to other KMT legislators.

In this table, I look at the ratio of the percentage of no votes in the recall to the vote of Hou and Ko in the 2024 presidential election. (Since the results for Taitung and Hualien are skewed by large numbers of Indigenous voters, I use my numbers for non-indigenous voters derived from ecological inference estimates for those two counties.) This table is sorted from lowest to highest, so the people at the top of the table did the worst relative to previous partisan patterns.

In a previous post, I (subjectively) sorted legislators into various buckets. One of the buckets was controversial legislators. The eight controversial legislators are identified with an asterisk*. Earlier, I mentioned that the yes vote against seven legislators passed the 25% threshold. These seven legislators are identified with a hashtag#.

Legislator Hou+Ko“no” %ratio
傅崐萁 *#Fu Kun-chi71.057.150.80
葉元之   #Yeh Yuan-chih59.551.370.86
徐巧芯 *#Hsu Chiao-hsin63.254.620.86
王鴻薇 *#Wang Hung-wei60.953.030.87
鄭正鈐   #Cheng Cheng-chien65.257.010.87
廖偉翔 *Liao Wei-hsiang63.455.970.88
牛煦庭Niu Hsu-ting62.455.150.88
羅廷瑋 *#Lo Ting-wei60.653.870.89
賴士葆Lai Shi-pao68.160.830.89
洪孟楷 *Hung Meng-kai62.956.190.89
羅智強 *Lo Chih-chiang63.656.870.89
李彥秀 *#Lee Yen-hsiu63.957.240.90
張智倫Chang Chih-lun65.558.680.90
黃健豪Huang Chien-hao64.057.350.90
林德福Lin Teh-fu68.461.960.91
萬美玲Wan Mei-ling63.157.320.91
廖先翔Liao Hsien-hsiang61.856.390.91
邱若華Chiu Jo-hua65.659.890.91
林沛祥Lin Pei-hsiang65.259.650.91
呂玉玲Lu Yu-ling67.762.090.92
魯明哲Lu Ming-che66.761.370.92
涂權吉Tu Chuan-chi63.459.060.93
黃建賓Huang Chien-pin66.062.290.94
丁學忠Ting Hsueh-chung55.457.371.04

All eight of the people I identified as controversial are found in the top half of this table, Fu Kun-chi, Hsu Chiao-hsin, and Wang Hung-wei, arguably three most controversial legislators, are in the top four. This suggests that were less successful at absorbing KMT and TPP support the Ian the less controversial KMT legislators facing recall. They all survived the recall, but, based on how everyone else did, it was probably closer than it should have been for these controversial legislators.

The Yes vote reached the 25% threshold against 5 of controversial legislators. For two of the other controversial legislators, Liao Wei-hsiang and Lo Chih-chiang, the yes vote was less than 1000 votes away from reaching the threshold. Most KMT legislators could have relied on low turnout to defeat the recall. If the controversial legislators had relied on low turnout, most of them would have lost their seat.

It might not be stark and vividly obvious to the casual observer, but the voters did not reward bad behavior in the legislature this time.

I want to make one final point about the recall process. In the runup to voting, I was asked several times whether the recall had polarized Taiwan’s society. I pushed back against this argument as strongly as I could. I do not believe the recalls fostered polarization and division.

In May 2024, events in the legislature were so extreme that many people felt the need to go out into the street to protest. Throughout the rest of the year, events in the legislature fueled these feelings of angst, anger, despair, fear, disgust, and betrayal. All that passion had to go somewhere. What did not happen is as important as what did. Taiwan did not experience widespread political violence, riots in the street, or police crackdowns to maintain order. The recalls funneled all that energy into legal process within the system. Volunteers spent countless hours learning the minutiae of the petition process, training themselves to talk to voters, sitting outside collecting signatures, checking petitions for errors, compiling them into the right format to submit to electoral commissions, and then working to convince voters to vote yes in the recall election. It all amounted to an enormous expenditure of time and energy. At the end of the process, people voted. The results did not come back the way the volunteers had hoped, but there was an objective result that the volunteers could not argue with. They didn’t fail because of some hidden conspiracy; they simply didn’t convince enough voters with their arguments. Democracy provided a constructive outlet to absorb and diffuse all that passion.

Is society completely unified today? Of course not. No society is. The point of democracy is that people have different values, goals, interests, and desires, but we can manage those differences through institutionalized mechanisms without resorting to violence. I think the recall campaigns were a successful example of this.

In lieu of writing…

July 24, 2025

Here is a podcast and a webinar that I’ve done recently.

It’s a challenge to get all gussied up for video when you are disabled, and you might notice that I’m wearing a blue T-shirt in both events rather than something more formal. I’ll leave it to you to speculate whether my blue T-shirts are subtle gestures of support for the KMT, the Bluebird movement, or just that I like the color blue.

Recall thresholds in each district

July 23, 2025

The Central Election Commission has announced the number of eligible voters in each district facing a recall as well as the 25% threshold needed for a recall to pass. Remember, the recall needs to satisfy two conditions. First, it must pass the 25% threshold for Yes votes. For example, The first row shows Taipei 3. In that district, at least 68,578 voters must vote to recall Wang Hung-wei. Second, there must be more yes votes than no votes. So even if there are 70,000 yes votes, Wang can defeat the recall by mobilizing 75,000 no votes.

So now when you watch the votes come in on Saturday evening, you will know what the thresholds are. Watch like a pro!

By the way, you can see the enormous disparity in the population of some of the districts. When the districts were drawn in 2007, all were within 15% of the city or county mean. They were supposed to be redistricted every ten years to keep the populations relatively equal. However, in 2017, the Central Election Commission and the legislature neglected to take up this responsibility and maintained the same districts wherever possible. So now, almost 20 years later, we do not have one person, one vote. New Taipei 1 has almost twice as many people as New Taipei 7, so people in New Taipei 1 only get about half a vote. It boggles my mind but those people aren’t screaming about this injustice. Hopefully, we will get a thorough redistricting in 2027 to rectify this egregious malapportionment.

Taipeidistrictnameeligible25%
北3王鴻薇274,31268,578
北4李彥秀311,88777,972
北6羅智強228,98157,246
北7徐巧芯231,13957,785
北8賴士葆244,75361,189
Hualien花蓮傅崐萁191,36747,842
New Taipei新北1洪孟楷405,060101,265
新北7葉元之231,04257,761
新北8張智倫288,29172,073
新北9林德福237,38059,345
新北12廖先翔266,24366,561
Taoyuan桃1牛煦庭354,06588,517
桃2涂權吉316,42379,106
桃3魯明哲309,00177,251
桃4萬美玲306,68876,672
桃5呂玉玲282,71170,678
桃6邱若華285,04171,261
Keelung基隆林沛祥303,98075,995
Hsinchu City竹市鄭正鈐
(立委)
357,06389,266
竹市高虹安
(Mayor)
360,31190,078
Taichung中4廖偉翔337,71884,430
中5黃健豪374,34893,587
中6羅廷瑋277,43669,359
Taitung台東黃建賓113,38528,347
Yunlin雲1丁學忠271,66367,916

More recall chatter (what else?)

July 19, 2025

I’ve been meaning to write about the polling results and the recalls, but I didn’t get around to it in time. Unfortunately, I had a major computer disaster and have spent the most of the last two weeks trying to fix my old computer and then buying and setting up an entirely new one. There were some interesting polling results about individual districts, but we are now in the polling blackout period so it is illegal for me to write about those. Sorry.

Five more recalls officially passed the second stage, so after the 24 recalls on July 26th there will be 7 more on August 23rd. However, not all recalls are equal. There is a reason that those 7 took longer to pass the second stage. Most of the recalls that are likely to pass will take place a week from today. (Remember when I was so confident several of the recalls wouldn’t pass second stage that I didn’t bother including them in my previous tables? Oops.)

A lot of the public focus during this campaign has been on a few districts with high profile legislators, especially Hualien (Fu Kun-chi), Taipei 3 (Wang Hung-wei), Taipei 6 (Lo Chih-chiang), and Taipei 7 (Hsu Chiao-hsin). Those districts are important since a successful recall or even a close call would send a strong message to all legislators about what is acceptable behavior in the legislature. However, if those districts are actually in play, we are probably looking at a historic result. We should probably pay more attention to the other districts.

I want to comment on a different race, New Taipei 1, that might have a different sort of impact. In 2024, Hung Meng-kai won this district by nearly 20%. It was a fantastic result for a district that historically has only been slightly favorable to the blue side. Of course, the population of this district is growing very fast — it is now the largest district in the entire country — so we don’t really know what the partisan balance is these days. Hung is now in his second term in the legislature and is very-well positioned to run for New Taipei mayor next year. We haven’t had a lot of chatter about the KMT nominee for New Taipei mayor, but I’m not impressed with the people that have been mooted so far. The most prominent is a deputy mayor Lee Szu-chuan, an old KNT War Horse Who has been appointed to several high positions but has never run for office. Apparently, they think they can repeat the model of Hou Yu-ih, who was deputy mayor before being elected mayor. However, he was a unique figure who had a national profile long before he became deputy mayor. Lee is basically a faceless party hack. The KMT would do much better to pick an elected representative. The KMT has six legislators in New Taipei, but two are old and radical and three are in their first terms. Hung is handsome, charismatic, not too inexperienced, and apparently fairly popular. To me, he is far and away the best choice. These advantages would be highlighted if he were to decisively defeat the recall campaign against him. On the other hand, if the recall were successful it would probably crush his hopes for the nomination.

A successful recall would wreck the careers of many of the incumbent legislators. For example , if any of the six legislators in Taoyuan were recalled, I wouldn’t expect to hear anything about them ever again. However, that is not true for everyone. A recall would be a significant bump in the road for someone like Hsu Chiao-hsin, but I wouldn’t expect it to end her career. She is young and charismatic enough that she could go back into the Taipei City Council and wait for another opportunity to move up. Similarly, Hung Meng-kai might still have a future, but this next year is a golden opportunity to become mayor and get on the ladder to the highest offices. That is to say, he is one of the legislators who has the most at stake in this recall campaign.

 (Regardless of who the KMT nominates, I think the person best positioned to win the New Taipei mayoral race next year is the DPP’s Su Chiao-hui.)

Next topic

In my previous post, I sorted the various districts into different buckets. One of the criteria was the partisan balance of each district. I thought I might do this in a more systematic way. The next two tables show each district’s result in the previous two presidential elections, sorted by the DPP’s vote share, going from most competitive to least competitive.

 LaiHouKolegislator 
Yunlin 144.629.426.0丁學忠Ting Hsueh-chung1
New Taipei 740.533.526.0葉元之Yeh Yuan-chih2
Taichung 639.432.228.4羅廷瑋Lo Ting-wei3
Taipei 339.238.522.4王鴻薇Wang Hung-wei4
Taipei 438.637.726.2李彥秀Lee Yen-hsiu5
New Taipei 1238.237.124.7廖先翔Liao Hsien-hsiang6
Taichung 838.030.631.4江啟臣Chiang Chi-chen7
Taichung 337.831.530.7楊瓊櫻Yang Chiung-ying8
Taoyuan 137.631.630.8牛煦庭Niu Hsu-ting9
Nantou 237.437.125.5游顥Yu Hao10
New Taipei 137.136.026.9洪孟楷Hung Meng-kai11
Taichung 237.132.030.9顏寬恒Yen Kuan-heng12
Taoyuan 436.933.529.6萬美玲Wan Mei-ling13
Taipei 736.840.023.2徐巧芯Hsu Chiao-hsin14
Taoyuan 236.631.931.5涂權吉Tu Chuan-chi15
Taichung 436.633.330.1廖偉翔Liao Wei-hsiang16
Taipei 636.442.621.0羅智強Lo Chih-chiang17
Taichung 536.034.229.8黃健豪Huang Chien-hao18
Keelung34.838.626.6林沛祥Lin Pei-hsiang19
Hsinchu City34.830.934.3鄭正鈐Cheng Cheng-chien20
New Taipei 834.540.025.5張智倫Chang Chih-lun21
Taoyuan 634.435.829.8邱若華Chiu Jo-hua22
Nantou 134.438.926.7馬文君Ma Wen-chun23
Taoyuan 333.435.830.9魯明哲Lu Ming-che24
Taoyuan 532.336.631.1呂玉玲Lu Yu-ling25
Taipei 831.943.524.6賴士葆Lai Shi-pao26
New Taipei 1131.744.923.4羅明才Lo Ming-tsai27
New Taipei 931.644.823.6林德福Lin Teĥ-fu28
Taitung27.449.323.3黃建賓Huang Chien-pin29
Hsinchu Cn 227.136.536.4林思銘Lin Szu-ming30
Hualien24.850.524.7傅崐萁Fu Kun-chi31
       
National vote40.133.526.5   
TSAIHAN
1Yunlin 161.434.6丁學忠Ting Hsueh-chung
2New Taipei 758.936.4葉元之Yeh Yuan-chih
3Taichung 358.436.6楊瓊櫻Yang Chiung-ying
4Taoyuan 157.737.3牛煦庭Niu Hsu-ting
5Taoyuan 257.637.6涂權吉Tu Chuan-chi
6Taichung 257.537.1顏寬恒Yen Kuan-heng
7Taichung 657.337.8羅廷瑋Lo Ting-wei
8Taoyuan 456.338.9萬美玲Wan Mei-ling
9Taichung 856.039.4江啟臣Chiang Chi-chen
10New Taipei 155.539.8洪孟楷Hung Meng-kai
11Taichung 455.439.5廖偉翔Liao Wei-hsiang
12Hsinchu City55.339.3鄭正鈐Cheng Cheng-chien
13New Taipei 1254.241.4廖先翔Liao Hsien-hsiang
14Taichung 554.240.9黃健豪Huang Chien-hao
15Taipei 453.641.8李彥秀Lee Yen-hsiu
16Taipei 353.442.2王鴻薇Wang Hung-wei
17Taoyuan 653.042.5邱若華Chiu Jo-hua
18Taoyuan 352.442.8魯明哲Lu Ming-che
19Nantou 252.143.5游顥Yu Hao
20Taipei 751.644.1徐巧芯Hsu Chiao-hsin
21Taoyuan 551.343.9呂玉玲Lu Yu-ling
22New Taipei 851.044.5張智倫Chang Chih-lun
23Keelung50.843.9林沛祥Lin Pei-hsiang
24Nantou 149.546.0馬文君Ma Wen-chun
25Taipei 648.947.0羅智強Lo Chih-chiang
26Taipei 847.048.6賴士葆Lai Shi-pao
27Hsinchu Cn 246.747.4林思銘Lin Szu-ming
28New Taipei 1145.550.3羅明才Lo Ming-tsai
29New Taipei 945.450.0林德福Lin Teĥ-fu
30Taitung38.158.3黃建賓Huang Chien-pin
31Hualien35.960.4傅崐萁Fu Kun-chi
      
 National vote57.138.6  

The two tables reveal similar rankings, but there are some interesting differences. The only district in green territory is Yunlin 1. New Taipei 7 is roughly similar to the national balance overall. These are districts that the DPP needs to win if it has any hope controlling a majority in the legislature. All the other districts are some shade of blue.

If you (arbitrarily) consider any district within 3% of the national average as competitive, there are 12 competitive districts on the first list and 14 on the second list. 9 are on both lists. That’s quite a few light blue districts.

One of the interesting results was that Taipei 3 and Taipei 4 were very similar in both elections but they were much more competitive in 2024 (ranking 4th and 5th) than in 2020 (15th and 16th). In the legislative races, Taipei 4 has been very close the last few cycles while the DPP has never put up a serious challenge in Taipei 3. I’m not entirely sure what to make of this. On the one hand, you might conclude that Wang Hung-wei is in serious trouble both because she is controversial and because her district is a lot closer than everybody thinks. On the other hand, you might think that they should both be safe unless they are so controversial that they have become toxic.

From years of observation, I think of Taoyuan 1 and 2 as very competitive or even green districts. However, the DPP did very badly in them in 2024.

The recalls in Taichung 3 and 8 are not until August 23, so I’ll save my commentary on those districts until later. For now, let’s just note how competitive those two districts look even though most observers think that those two legislators are among the safest of the KMT incumbents.

The figures for Taitung and Hualien are skewed a heavy population of Indigenous voters who don’t affect the district recalls. We don’t have official data on how the non-indigenous voters voted in the presidential elections, but my unofficial estimates are that Lai got about 34% in Taitung and 29% in Hualien. That makes the former solidly blue and the latter deep blue. These are not districts the KMT should be having trouble with.

Types of districts in this recall

June 26, 2025

Last week the central election Commission announced that 24 recalls will be held on July 26. That’s roughly 1/3 of the country, concentrated mostly in the north and in urban areas. Also, all the legislators facing recalls are KMT members who won in 2024, so this is almost all happening in places with more blue voters than green voters. We have never seen anything like this before, and it’s unlikely we’ll see it again. So what should we expect?

If you’ve been reading my blog for any length of time, you know my standard answer is “we don’t know.” And just like in previous posts before voting day, I’m going to argue that this time is especially unpredictable.

In most elections, turnout is a major unknown variable. We don’t know whether turn out will be in the low 60s or above 70, we don’t know which groups will turn out (especially young voters), and we don’t know which side will turn out its voters more effectively. Those questions all apply this time as well, except even more so. Turn out for recalls has varied from under 50% with both sides trying to over 40% with only one side trying. The recall of Han Kuo-yu was probably equivalent to 65 or 70% if both sides had tried, or more or less equivalent to what you would see in a general election. This recall will have a lot of national publicity, so I expect turnout to be fairly high. However, there are reasons to wonder. The DPP and KMT bases can both be expected to turn out, but we can’t be quite so sure about everyone else. Ko Wen-je pulled a lot of people to the polls in 2024, and he isn’t on the ballot this time. A lot of those voters might just decide that this isn’t their fight and they can sit this one out.

Both the KMT and the DPP have tricky considerations around how overtly to mobilize. The KMT has decided to try to mobilize its base, which makes a certain amount of sense. The recall threshold is low enough that they need to fight back, and, remember, most of these districts are fairly blue-leaning. However, there are probably not enough hard-core KMT true believers in most districts, and they need to win some districts that are closer to toss ups. If they scream frantically about green communism and DPP dictatorship, it’ll probably turn away as many people as they attract. Their best message is a much calmer reminder to voters that they want something to balance and constrain DPP power. Individually, the best message is constituency service. If the KMT goes all out screeching and howling, those calmer messages might get drowned out. Let’s also remember that the KMT polling numbers are not great right now, so those wavering voters sympathizers are already quite shaky.

The DPP doesn’t want to step on its toes of all the volunteers who worked so hard on the signature drives. It also would like this to be as large a coalition as possible and that might include some blue voters who don’t approve of the content passed by the legislature or the process used to do it. If the DPP stays in the background, those people can tell themselves they are voting against a specific legislator without expressing approval for the DPP. However, the DPP needs to ensure that competent campaigns are being waged everywhere. It has to make sure that the recall campaigns have adequate financing and advertising. And it also needs to make sure that there are some consistent themes about how rotten the KMT is.

*There are still 7 districts where the recall has not been finalized. For the purposes of this post, I’m guessing that New Taipei 11 and the two Nantou district school will all pass, but the other four (Taichung 2,3,8 and Hsinchu 2) will fail at the second stage.

I’m trying to make sense of the recalls by putting the districts into several buckets. The first way to look at recalls is through the most traditional lens, the partisan balance. The first bucket includes districts where the balance between the blue and green sides is fairly even. Most of these are districts that the DPP won in 2016 and 2020 (when their presidential candidate was pulling them to victory with 56 or 57% of the vote).

葉元之New Taipei 7
廖先翔New Taipei 12
牛煦庭Taoyuan 1
涂權吉Taoyuan 2
羅廷瑋Taichung 6
Nantou 2
丁學忠Yunlin 1
黃建賓Taitung 1
鄭正鈐Hsinchu City 1

You might argue about the inclusion of one or two of these, but that’s nine solid targets that are realistic possibilities not just for recall but also for winning the by-election. This is why I have not dismissed the possibility of the DPP taking power in the legislature after this is all over.

The second bucket also uses a partisan lens, including districts that lean more blue but in which the green side has an outside shot.

王鴻薇Taipei 3
李彥秀Taipei 4
洪孟楷New Taipei 1
萬美玲Taoyuan 4
廖偉翔Taichung 4
林沛祥Keelung 1

These districts strike me as unlikely to support the recall and even more unlikely to change hands in the by-election if a recall were to succeed. However, they are close enough to the KMT can’t take them for granted.

The third bucket uses a completely different logic. This bucket contains controversial legislators. These are the people who have been at the center of all the controversial legislation and legislative tactics over the last year, and they are the ones who stoked the most anger and inspired the original recall drives. Many of them are in deep blue districts. For them it is not really a question of the party losing the seat, it is more a question of whether the voters want a new and better behaved KMT legislator.

王鴻薇Taipei 3
李彥秀Taipei 4
羅智強Taipei 6
徐巧芯Taipei 7
洪孟楷New Taipei 1
廖偉翔Taichung 4
羅廷瑋Taichung 6
馬文君Nantou 1
傅崐萁Hualien 1

This third bucket includes the three KMT floor leaders as well as several other legislators who are controversial for different reasons. To be honest, I can’t tell you why exactly I think the two from Taichung belong on this list; I just have a vague impression that they do. I surprised myself when I put together this list by leaving out several legislators who in the past would have been right at the top. But several of the former KMT floor leaders have been fairly quiet this term.

I don’t really expect anyone on this list (unless they were also on one of the previous two lists) to be recalled. That would be a seismic event that would force me to rethink many of my assumptions about Taiwanese electoral and legislative politics. But I will be paying attention to see if any of them seem to be paying a penalty for their behavior.

The 4th bucket is completely different. This one is based on people who voted for Ko Wen-je for president. I do not consider these people to be monolithically TPP supporters. I think some of them are reliable TPP supporters, but many of them are wild cards who will vote for different parties or candidates in each election for a variety of different reasons that are difficult to summarize. More of Ko’s voters voted for a KMT legislative candidate than for a DPP legislative candidate, but there were plenty of districts in which that was not the case. More importantly, just because they voted that way last year doesn’t mean that they will vote the same way this year. This is especially true because there is only one candidate on the ballot in the recall. Remember, these are voters who don’t prefer to support either major party. It’s very hard to predict what they will do.

It’s also very difficult to know how they voted in 2024 in the legislative races in each district. Most surveys will give you a national estimate, but that doesn’t tell you anything useful about the race in Taipei 1, for example. However, I have an answer! It’s not a perfect answer, but then neither are surveys. At any rate, it’s the best answer that I know of.

My computer spent most of April and part of May running simulations to estimate how voters cast their ballots in the presidential and legislative elections. The central election Commission tells us down to the precinct level how they did this in each race, but it does not tell us how people who voted for a particular presidential candidate voted in the legislative election. I used an algorithm called multinomial ecological inference to estimate this. Let me explain using example of Taichung 5. This district has 298 precincts, and we know the exact results from each precinct for the presidential and legislative elections. This algorithm requires exactly the same number of voters in both elections, so I had to include invalid and indigenous votes in the model. In the legislative district there were 8 candidates, but six of them got fewer than 5% of the valid votes. Because this model isn’t good at estimating small numbers and each variable increases the computer time needed, I combined those six candidates together as “others.” This meant I had a 5×4 matrix, so I needed to estimate 20 values. Essentially, the algorithm starts from assuming votes are distributed equally and then starts drawing random numbers and adjusting the estimate a little bit each simulation. After many simulations, it will converge to a consistent result. How many is many? Let’s just say that running the model one time for Taichung 5 required over 72 billion random draws. What it eventually spits out is an estimate, not an exact measurement. If you did this all again, you would (hopefully) get something different but very similar. I repeated the process several times to ensure that all the results were telling basically the same story.

Taichung 5HouLaiKoinvalidsum
Huang (k)87127121546075289134706
Chuang (d)21879415010733288107357
Six others11417341714623319253
Indigenous6293638092402040
Invalid97762652388667707
sum9206097087800011915271063

What story did the numbers tell about Taichung 5? Almost everyone who voted for Hou (95%) also voted for the KMT legislative candidate. An even higher percentage (97%) of people who voted for Lai voted for the DPP legislative candidate. Interestingly, when you compare these two numbers, the DPP candidate is leading by about 7000 votes. That’s not a huge advantage, but it is a clear margin. All he had to do was break even among Ko voters. That was not an impossible task. Nationally, Ko voters were more likely to vote for KMT candidates, but there was plenty of variation. There were lots of DPP candidates who managed this task. However, in this district the KMT candidate slaughtered the DPP candidate among Ko voters, winning this group by over 36,000 votes.

I believe that Ko voters are likely to be far less consistent from year to year than KMT or DPP voters and the TPP has undergone a remarkable degree of upheaval since the 2024 election, so this is where I’m looking for possible changes. The KMT won Taichung 5 by 27,000 votes, so it would take a pretty massive shift to overturn that result. Still, this is the kind of district I’m looking for in bucket #4.

Bucket #4 includes districts in which straight ticket DPP voters clearly outnumber straight ticket KMT voters and also in which the KMT’s superior performance among Ko voters enabled them to overcome this disadvantage and win the district. Most of these districts have already appeared in a previous bucket, but the point of this exercise is that they may also be vulnerable in a slightly different way. Also, I was surprised to see Taichung 5 on any of these lists, so I wanted to point that out.

葉元之New Taipei 7
廖先翔New Taipei 12
牛煦庭Taoyuan 1
涂權吉Taoyuan 2
萬美玲Taoyuan 4
廖偉翔Taichung 4
黃健豪Taichung 5
羅廷瑋Taichung 6
丁學忠Yunlin 1

The 5th bucket is everyone else. I’m surprised by how few this is.

賴士葆Taipei 8
張智倫New Taipei 8
林德福New Taipei 9
羅明才New Taipei 11
魯明哲Taoyuan 3
呂玉玲Taoyuan 5
邱若華Taoyuan 6

These are all deep blue districts that the KMT has no business losing. There might be some reason that one of these legislators has trouble, but it is an individual story rather than something systematic, at least as far as I can tell.

Overall, the legislators in bucket #1 are probably the most endangered. There are enough people in that category to suggest that this mass recall could cause a major political shift. However, one point of this post is to suggest that considerations other than pure partisan balance might also affect the outcome of the recalls. If several legislators from bucket #3, for example, lose or even come close to losing, we will have a ready explanation for what happened.

KMT recall efforts collapse

June 8, 2025

The deadlines for recall campaigns against 7 more DPP legislators have now come and gone, and none of them have been able to submit the requisite number of petitions. There are still 6 campaigns left, but none of them look very hopeful. The three yesterday and today, 2 in Taipei and one in New Taipei, were the critical ones. These are highly urbanized districts with a close partisan balance and should have been the easiest places to collect signatures and the most likely for the recall to actually succeed. They could not collect enough signatures in any of them.

Well, let me put a disclaimer on that. They claimed to have collected enough signatures in Taipei 1, but they were not allowed to file those signatures since the official head of the campaign did not show up. I suspect this was a face-saving measure. They showed up with about 20 boxes that they claimed contained more than 26,000 signatures. If you look at the pictures of other campaigns submitting their signatures, there are generally a lot more than 20 boxes. I suspect they knew that the head of the campaign wasn’t going to show up so they staged a photo op claiming they would have succeeded if not for his treachery. But I don’t think they had enough signatures in the first place.

“26000” petitions from the Taipei 1 recall effort

Here are a few other pictures from campaigns that actually met the 10% threshold.

It isn’t expensive to put together a neatly arranged display of boxes with your campaign slogan printed on each one. Boxes are cheap. What it takes is time, energy, and a spark of creative joy.

This was a failure of the KMT to inspire and mobilize volunteers. There are plenty of partisan voters in the three districts with deadlines today and yesterday. The problem was that there weren’t armies of volunteers out on street corners and other public places collecting signatures and then taking them back and collating them.

A small personal anecdote highlights the difference. A few evenings ago, we saw four or five people out on a street corner holding signs asking people in traffic to recall our local KMT legislator. Keep in mind, this campaign has already collected and submitted plenty of signatures and will definitely pass the second stage. They weren’t asking for signatures. At the same time, no voting will take place for at least two months. And really, has anybody ever changed their mind about how to vote because they saw somebody on the street corner waving a sign? These people were on the street corner – in the rain – because they wanted to express themselves or they wanted to do something, anything, to help the recall. The KMT originally wanted to portray the people calling for recalls as radicals organized by the DPP. Well, there’s no competent Machiavellian organization in the world that would spend resources to mobilize 5 people to stand on the street corner two months before voting. Those people were entirely self-mobilized.

It is now highly likely that none of the recall attempts against DPP legislators will make it to the third stage.

This year’s recall vote will be an entirely one-sided affair. If you have an opportunity to vote, you will be voting on whether to recall a KMT legislator. The DPP will not have to play defense.

Our book wins major award!

June 8, 2025

Our recent book, Making punches count: The individual logic of legislative brawls, has been chosen as the 2025 Fenno Prize winner, given to the best book published in the previous year in the field of legislative studies.

I am humbled and thrilled. It took me about 12 hours to stop shaking with excitement.

I guess the best advice I can offer anyone is to figure out some way to co-author with Emily Beaulieu.