According to the Civil Servants Election and Recall Act, public officials cannot face a recall attempt until at least one year into their term. Since the current legislators were seated on February 1, 2024, the clock didn't start ticking on the recall campaign until February 1 of this year. But the threat of a recall of legislators was brewing much earlier, as early as June 2024 with the "Bluebird Movement" rally against the legislature's attempt to exercise more power over the executive branch. In response to this rally, KMT members started talking publicly about raising the recall threshold to something closer to where it was before; one proposal was that the "yes" votes must exceed the votes the representative received in the previous election, which would have made the current mass recall strategy all but impossible. One of the puzzles of this legislative term is why the KMT never actually followed through on this proposal, which would have saved them the trouble of defending all their legislators right now.
I have my own thoughts about that here -- I think the TPP probably blocked this change. But for this post I want to consider what would have to happen for the LY to flip control to the DPP, and how likely they are to do that.
The DPP currently sits at 51 seats, and it needs to be at 57 for a majority. The simplest way for the party to reassume control is to recall KMT legislators and win the following by-elections in at least six districts. That would give the DPP the majority for the rest of the LY term.
The second, temporary way is to succeed in recalling at least 12 KMT legislators; they're required to leave as soon as the votes are certified. So if any recalls pass, there will be a reduced number of legislators in the LY until the by-elections are held. If at least 12 are recalled, the total of KMT+TPP+2 blue independent seats will temporarily fall to 50 or less, handing the majority to the DPP for up to 60 days before by-elections are held and new legislators seated.
It is quite possible the recalls fall short of the 12 needed to shift control to the DPP immediately, but more than the 6 that could flip control if the DPP wins all the by-elections. That then sets up a hotly contested set of races in 30-60 days for the by-elections, and leaves the KMT+TPP temporarily still able to control the majority, but facing down up to another two months of uncertainty about their majority.
Mass Recalls: Why Now?
First, the 2024 election results did not deliver a decisive win for the KMT in the legislature. The headline number was the party winning 52 seats (plus two allied independents) to the DPP's 51. But if we look under the hood, the party actually came in 2nd in the party list vote, with 34.6% to the DPP's 36.2%, and in the constituencies, the KMT's vote share was five points behind the DPP's: 45.1% to 40.0%. It is only thanks to the disproportionality built into the electoral system that the KMT ended up with a plurality of LY seats at all.
Second, this plurality was built on narrow wins in several marginal constituencies. Here's the list of 13 KMT legislators who were elected with less than 50% of the vote:
- Taipei 4. Lee Yen-Hsiu. 47.6%. TSP won 11% here to split the pan-green vote.
- Taipei 8. Lai Shih-bao. 47.5%. TPP candidate won 15.4%.
- New Taipei 7. Yeh Yuan-chih: 46.1%. Obasang Party candidate won 9% here.
- New Taipei 8. Chang Chih-lun. 42.7%. TPP candidate won 20% here.
- Taoyuan 1. Niu Hsu-ting. 48.44%.
- Taoyuan 2. Tu Chuan-Chi. 48.2%. Tu beat the DPP candidate by ~1000 votes.
- Taoyuan 6. Chiu Jo-hua. 40.93%. Three-way race with independent and TPP candidate, no DPP challenger.
- Keelung City. Lin Pei-yang. 43.6%.
- Hsinchu County 2. Lin Si-ming. 44.52%. NPP and DPP candidates split the rest.
- Hsinchu City. Cheng Cheng-chien. 35.2-31.9% for the DPP candidate. A TPP candidate won most of the rest.
- Nantou 2. Yu Hao. 49.8-47.3% over the DPP candidate.
- Yunlin 1. Ting Hsueh-chung. 47.8-46.1% over DPP incumbent Su Chih-fen. Margin of about 3000 votes.
- Taitung. Huang Chien-pin. 34.8-31.6% over DPP challenger. Former DPP legislator Liu Chao-hao won most of the rest.
And here's a couple other seats that flipped to the KMT but were close races and are potentially vulnerable to a reversal:
- New Taipei 12. Liao Hsien-hsiang. 50.8-45.0% over DPP incumbent Lai Pin-yu.
- Taichung 4. Liao Wei-hsiung. 50.0-47.4% over the DPP's Chang Liao Wan-chien.
- Taichung 5. Huang Chien-hao. 51.55%.
- Taichung 6. Luo Ting-wei. 52.1%.
By my quick and dirty count, that's already 17 legislators who should have entered this term pretty worried about the next election -- and by extension, about the recall happening tomorrow.
Given how shaky the KMT's plurality win in the 2024 election was, I've been surprised that these legislators in marginal districts have not been a more powerful moderating influence on the party caucus over the last 18 months. In particular, it was not helpful to their re-election prospects for the KMT caucus to immediately make Fu Kun-chi and Han Kuo-yu the faces of the party in the legislature: both are deeply polarizing figures widely reviled by the pan-green camp. Fu Kun-chi served a prison term for insider stock trading, then got out, got back into the legislature, and then in 2024 was made caucus chair. Han Kuo-yu was the KMT's presidential candidate in 2020, when he got crushed by Tsai Ing-wen, and then recalled a few months later as Kaohsiung mayor. One of the key purposes of party leaders is to protect vulnerable legislators, and the KMT has not done a great job of that.
Third, as everyone knows now, the KMT's control of the LY depends crucially on the support of the TPP. I have gradually come to suspect that the TPP's collaboration with the KMT hasn't been as consistent or as sincere (rather than tactical) as a lot of DPP supporters are making it out to be. The TPP has publicly opposed the recall elections, but they haven't been willing to play institutional hardball on recalls in the same way they have with the constitutional court and oversight laws. I think some TPP members would be secretly fine if a few KMT legislators lost their recall campaigns.
What this adds up to is a legislative majority built on sand. It was always a risky political strategy for the KMT party caucus to be so aggressive in confronting the Lai administration. And if they lose their plurality tomorrow, here's why.
Three Critical Moments in the Partisan Battle
But then in October, when much of this package was indeed ruled unconstitutional by the Constitutional Court, both the KMT and TPP immediately sought to retaliate for the decision and voted down all of President Lai's nominees, leaving the court without its full complement. They then piled on and changed the Court Act to require a 2/3 quorum to meet, and the votes of at least 9 justices in favor of invalidating a law. That decision dramatically raised the stakes of the power struggle with the executive branch, and it led to a sense of a budding constitutional crisis.
Now, to be fair, there is a big problem with the court's appointment system: members are appointed for 8-year terms, non-renewable, and so the court is now filled entirely with Tsai Ing-wen appointees! It's easy to argue that it's a partisan court given that design. And with its decision to invalidate much of the oversight legislation, there was no reserve of goodwill from KMT-TPP to give Lai's court nominees the benefit of the doubt.
But the KMT also sought to attack the court for a previous decision that narrowed the scope of the death penalty, which was a deeply cynical political calculation. It's worth pointing out that the Constitutional Court's ruling was based in part on the International Covenant on Civil and Political Rights, which the KMT majority itself ratified and adopted as Taiwan law in 2009. Here's what Article 6, Clause 2 of the ICCPR says:
"2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court."
The third big moment came in December, when the LY took a hatchet to the Lai administration's budget proposal. Again, the opposition's political strategy here in hindsight does not look great: they took aim at lots of budget items without much forewarning or justification, and they managed to tick off a lot of constituents reliant on that funding who they didn't need to make mad. It was quite clear at the time that both the KMT and TPP were simply looking for things to cut to make life hard for the central government.
They also made a critical messaging mistake: they also cut items in the budget for the Ministry of National Defense. Yes, they targeted the indigenous submarine program, which the KMT has been critical of (for good reason) for a long time. And yes, the overall amount frozen and cut was not a large share of the MND's overall budget. But the optics were terrible -- when you're trying for the next six months to explain to foreign interlocutors that you're not "anti-defense" or "pro-China," just anti-DPP, you've already lost the narrative battle.
What Do We Know from Past Recall Elections?
Huang Kuo-chang (NPP) in New Taipei 12. 16 December 2017.
Yes: 48,693
No: 21,748
Turnout: 27.75%
Yes threshold: 63,888
Result: Recall failed. Yes votes came in 15k below threshold, although yes beat no.
Han Kuo-yu (KMT) as Kaohsiung Mayor. 6 June 2020.
Yes: 939,090
No: 30,169
Turnout: 42.14%.
Yes threshold: 574,996 votes.
Result: Recall passed. Yes votes came in almost 400k votes above threshold. KMT side mostly boycotted this vote. The DPP's Chen Chi-mai easily won the by-election.
Wang Hao-yu (DPP) as city councilor in Taoyuan (SNTV district). 16 January 2021.
Yes: 84,582
No: 7,128
Turnout: 28.14%
Threshold: 81,940
Result: Wang recalled.
Huang Jie as city councilor in Kaohsiung (SNTV district). 6 February 2021.
Yes: 55,261
No: 65,391
Turnout: 41.54%
Threshold: 72,892
Result: Huang survives easily, yeses fall 17k short, and no beats yes.
Freddy Lim (Ind, formerly NPP) in Taipei 9. 9 January 2021.
Yes: 54,813
No: 43,340
Turnout: 41.93%
Threshold: 58,756
Result: recall fails by about 4000 votes.
Chen Bo-wei (TSP) in Taichung 2. 23 October 2021.
Yes: 77,899
No: 73,433
Turnout: 51.72%
Threshold: 73,744
Result: passed by about 4000 votes, Chen removed. But DPP candidate Lin Ching-yi won the by-election, 52-47%.
Hsieh Kuo-liang (KMT) as Mayor of Keelung. 12 October 2024.
Yes: 69,934
No: 86,014
Turnout: 50.44%
Threshold: 77,700
Result: recall fails -- yes falls about 8k votes short, and no beats yes by 16k
What I take away from these seven races:
Meeting the turnout threshold is still hard. Both Huang and Lim survived because the opposition couldn't drive enough "yes" voters to the polls. Chen Po-wei and Wang Hao-yu both lost but even in those cases the "yes" votes were barely above the required threshold. The only "yes" vote that was a blowout was Han Kuo-yu in Kaohsiung -- and he's arguably a special case since he was by that point a national figure and his polarizing campaign for president had ended just six months before.
Partisan green-on-blue still matters. When turnout was high-ish, it was because the recall triggered dueling mobilization of DPP and KMT partisans. That saved Huang Jie (in green Kaohsiung) and Hsieh Kuo-liang (in blue-ish Keelung). If the generic partisan tendency of the electorate leans against the KMT, the incumbents should be worried. If it doesn't -- as is true in several of the highest-profile cases in the current round of recalls (e.g. Fun Kun-chi, Wang Hung-wei, and Hung Meng-kai) -- then they're probably able to survive if they can turn out their base.
Winning the by-election is no sure thing either. After Chen Po-wei got recalled, the DPP still picked up the seat in a bit of an upset against Yen Kuan-heng. I haven't shown it here, but by-elections have generally had very different turnout and dynamics than general elections, and it's not certain that a recall removal will lead to a change of that seat. So we need to be cautious about how we interpret the results tomorrow if more than 6 KMT legislators go down to defeat -- it's no guarantee the DPP is headed for a majority.
Some Final Thoughts: Blue on Green Strength?
- Will there be differential turnout among DPP vs KMT partisans?
- What will TPP voters do?
- Will anyone else show up to vote?
The answers to these three questions will determine how this mass recall election goes. On each question:
Differential Turnout: If the DPP turns out their base en masse, they're probably going to be able to win a couple recalls in the marginal districts (I'm looking at the seats in New Taipei and Taoyuan especially). If there's differential turnout, then maybe a couple KMT legislators in bluer districts go down in surprise defeats, too -- think Taipei 3 or Hsinchu County.
One very crude way to estimate possible outcomes is to start with the data above, from the Election Study Center at NCCU. They updated their regular partisan trends estimate just last month. The last data point in the figure above shows the DPP outpacing the combined KMT and TPP partisanship: 31.6 to 29.5%.
Now imagine -- again, this is very crude -- that both sides mobilize their bases and in a best-case scenario get all of those partisan identifiers out to the polls to vote for their respective sides: pro-recall for DPP, anti-recall for KMT.
In that case, the KMT has to worry. There's enough DPP partisans to push the yes vote over the threshold in some of these districts all by themselves. So the KMT has to mobilize to try to win the actual vote, and can't count on low turnout saving them. Also, there is a lot of anecdotal evidence of asymmetric enthusiasm here: DPP supporters have been fired up to vote for a year or more, and it feels existential to some of them. My sense is KMT supporters, less so.
On TPP Supporters: So that then leaves the TPP voters. If TPP identifiers buy the party's messaging that this is an illegitimate power grab by the DPP and Lai, and also turn out en masse, then that will probably be enough to keep successful recalls below six. But I'm not confident of that at all -- TPP voters (and I suspect some members of the TPP caucus) wouldn't mind seeing a few KMT legislators go down and open up some LY seats as potential targets for the TPP.
On Non-Partisans: I know the partisans are fired up about this election. But my prior is that those irregular voters who turn out in general elections but not in local or irregular elections -- anywhere from 10-25% of the electorate, judging by previous turnout rates -- are probably going to sit this one out. For the DPP's wildest dreams of a massive wipeout of KMT legislators to come true, they probably need turnout from irregular voters, too -- the cases above where an incumbent survived solely because the yes votes didn't meet the threshold look like a cautionary tale to me.
Bottom Line: I think it's going to be hard for the DPP to flip control of the LY via the recall. Just about everything has to break their way tomorrow, and in the following two months, to pull that off. For intellectual honesty's sake, I think this is the most likely outcome...
More than six but less than 12 KMT legislators get recalled tomorrow.
More than zero but less than six of those seats then flip to the DPP in by-elections.
And...Taiwan is basically back where it's been for the last 18 months, with a (possibly chastened, or possibly unrepentant) KMT + TPP majority in the LY still facing off against a (possibly newly conciliatory, or possibly defiant) DPP executive branch.
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