In a highly scrutinized decision that underscores the complex balance between constitutional law, administrative independence, and partisan politics, Taiwan’s Central Election Commission (CEC) on Friday approved one of two public referendum proposals submitted by opposition lawmakers — while rejecting the other on constitutional grounds.
The approved proposal asks Taiwanese voters to decide whether the Maanshan Nuclear Power Plant in Pingtung County, which ceased operations on May 17, should be allowed to restart, provided safety standards are met. The referendum is set to be held nationwide on August 23, 2025, under the label Referendum Case No. 21.
However, the CEC’s rejection of a second referendum — which proposed allowing non-unanimous verdicts for imposing the death penalty — has provoked strong condemnation from the Kuomintang (KMT), Taiwan’s largest opposition party.
⚖️ The Legal Divide: What the CEC Decided and Why
According to the CEC, the referendum on the death penalty failed on two fronts:
- Contradiction with Constitutional Law: The Constitutional Court ruled in 2024 that all death penalty verdicts must be unanimous to safeguard human rights and ensure due process. A referendum cannot override this judicial precedent.
- Violation of the Referendum Act: Under Article 30 of Taiwan’s Referendum Act, proposals must relate to the creation or repeal of major policies, not the modification of core legal principles. The CEC stated that the proposal was not a legitimate subject for a referendum under current law.
By contrast, the nuclear power question is considered a policy decision about energy resource management — an area clearly eligible for public vote under the Act.
🔥 Political Fallout: KMT vs. CEC
The KMT caucus issued a sharp rebuke after the CEC’s announcement, accusing the commission of “politically motivated censorship” and acting as a “tool of the ruling Democratic Progressive Party (DPP).”
While CEC Chairperson Lee Chin-yung is a former DPP politician, he renounced party affiliation in 2019 upon assuming his current role. The CEC has emphasized that it operates independently of all political parties and adheres strictly to constitutional and legal parameters when evaluating proposals.
Still, the optics of the rejection — especially given Taiwan’s deeply polarized political climate — have become fuel for partisan mobilization ahead of upcoming local elections.
🔋 The Nuclear Referendum: Energy Security vs. Environmental Concerns
The approved Maanshan Nuclear Plant referendum taps into a longstanding national debate over energy independence, carbon neutrality, and public safety. Taiwan phased out the Maanshan facility — the last of its kind — as part of a nuclear-free homeland policy promoted by the DPP.
However, the resurgence in power consumption due to AI and semiconductor growth, coupled with rising global energy prices, has renewed calls for reconsidering nuclear energy as a viable base-load option.
Proponents argue:
- Nuclear is a stable, low-emission energy source.
- Taiwan must reduce reliance on imported LNG and coal.
- Restarting Maanshan could strengthen energy security.
Opponents warn:
- Taiwan is earthquake-prone, raising safety concerns.
- Focus should remain on renewables and grid modernization.
- Restarting the plant may delay investments in green energy.
🔎 Broader Implications: Referendums and Constitutional Boundaries
This controversy revives critical questions about Taiwan’s democratic mechanisms:
- How far can the public go in overriding court rulings through referendums?
- Should the Referendum Act be revised to clarify constitutional limits?
- Is the CEC’s role too vulnerable to partisan influence, real or perceived?
Political scientist Dr. Liu Ming-hsuan of National Chengchi University notes:
“This case exposes a legal blind spot — referendums are a democratic tool, but without boundaries, they can undermine rule of law. Taiwan needs a clear separation between judicial sovereignty and direct democracy.”
📅 What’s Next?
- August 23, 2025: Nationwide vote on restarting the Maanshan Nuclear Power Plant.
- Expect legal appeals or further political pressure over the death penalty referendum.
- The CEC may release updated guidelines to clarify referendum eligibility in the future.
❓FAQs
What is the status of the Maanshan Nuclear Power Plant?
It ceased operations on May 17, 2025. The upcoming referendum will determine whether it can be restarted under strict safety evaluations.
Why was the death penalty referendum rejected?
It violated a 2024 Constitutional Court ruling requiring unanimous death penalty verdicts and did not meet the Referendum Act’s threshold for policy-based questions.
What is the Referendum Act in Taiwan?
It governs how citizens or lawmakers can propose referendums. Only major policies can be subjected to referendums — not legal or constitutional rulings.
Can the decision of the CEC be appealed?
Technically, proposals can be challenged through administrative lawsuits, but such actions are rare and must show the CEC violated the law.
Is nuclear power popular in Taiwan?
It’s controversial. Polls often show generational divides, with younger voters leaning toward renewables and older voters favoring nuclear for energy stability.
