不在籍投票法制之研究-以美國投票相關法制為中心

不在籍投票制度又稱為「方便投票」或「缺席投票」，我國自1990年開始研議不在籍投票制度，我國對於不在籍投票之修法歷程，無論是立專法或修正投票法案，在立法院的結論總是爭議大於共識，產生爭議的原因可歸因為：增加選舉舞弊的機率導致民眾對選舉結果產生不信任、可能對特定政黨有利、外國敵對勢力可能藉此介入我國選舉等，本文研究目的旨在兼顧參政權與選舉安全的條件下，提出不在籍投票之修法建議。不在籍投票制度在美國、新加坡、日本等超過80個國家實行，在各國不同的情況下，推展不同作法之不在籍投票制度，協助投票日當日不在投票戶籍地之選民，透過郵寄投票、移轉投票、特別投票所投票或提早投票等方式行使投票權，擴張公民投票權進而實現全民參政的理念，本文以論述國際上參政權的概念與發展沿革，探討國際間推行不在籍投票之種類與美國推動不在籍投票之歷程與正反意見，而受2019年12月爆發的新冠肺炎疫情影響，使美國各州對於積極推動不在籍投票制度，本文以德克薩斯州與康乃狄克州的訴訟案件進行分析，瞭解美國各州對於不在籍投票推動的立場與觀點進行論述。隨著台灣邁入國際化與都市化，不在籍投票制度可對在國外與不在戶籍地工作與就學的選民提供顯著的協助，且現今已有多國施行不在籍投票制度，使該制度成為未來投票發展趨勢，顯示我國在民主化與接軌國際的重要進程，總結美國推行不在籍投票制度與判例，期望對於我國不在籍投票之修訂，給予學術上分析與探討。

關鍵字

不在籍投票；參政權；公政公約；投票率；選舉制度

並列摘要

Absentee voting is also known as “convenience voting.” Since 1990, the Taiwanese government has had numerous discussions on the country’s absentee voting system, and talk of amendments to the system—as well as to other special laws—has always invited controversy. The main reasons for the controversy surrounding the amendment include a higher likelihood of electoral fraud (leading to greater public suspicion about election results), the potential partiality of the system toward a particular party, and the risk of interference from foreign adversaries in domestic elections. This study offers suggestions about a possible amendment of Taiwan’s absentee voting system, taking into consideration the need to preserve both universal suffrage and election security. Absentee voting systems have been implemented in over eighty countries, including the US, Singapore, and Japan, in order to allow voters who are physically not present at their registered domicile on voting day to exercise their right to universal suffrage through methods such as Voting by Mail, Transferable Voting, polling booths in special institutions, or advance voting, thus ensuring that all citizens can participate in their country’s political affairs. Based on the concept and historical development of international suffrage, this study examines various types of absentee voting systems adopted in different nations and the history of the promotion of absentee voting in the US, as well as the pros and cons of absentee voting. Following the COVID-19 outbreak in December 2019, several states in the US allowed more of their citizens to conduct absentee voting. In light of this fact, this study also investigates court cases in Texas and Connecticut to offer a deeper insight into the stance of certain US states on the promotion of absentee voting. With Taiwan progressing on its way to becoming more cosmopolitan and its cities becoming more urbanized, its absentee voting system is highly beneficial for voters working/studying outside their registered domicile or overseas. Given that an absentee voting system has been introduced in many countries, such systems will likely become a future trend, and the system used in Taiwan will continue to act as a crucial factor in deepening the country’s democracy and integration into the global community. This study concludes with a summary of case studies of the promotion of the absentee voting system in the US as an academic reference for the Taiwanese government’s possible amendment of the country’s absentee voting system.