法令番号: 法律第16号
公布年月日: 昭和22年3月17日
法令の形式: 法律
I hereby give My sanction with the advice of the Privy Councillors to the Law for Special Instances of the Writings, Drawings and the like in the Election Campaign for which the concurrence of the Imperial Diet has been obtained and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This seventeenth day of the third month of the twenty-second year of Showa (March 17, 1947)
Countersigned: Prime Minister and concurrently Minister for Foreign Affairs YOSHIDA Shigeru
Minister of State Baron SHIDEHARA Kijuro
Minister of Justice KIMURA Tokutaro
Minister of State SAITO Takao
Minister of Communications HITOTSUMATSU Sadayoshi
Minister of State HOSHIJIMA Niro
Minister of Welfare KAWAI Yoshinari
Minister for Home Affairs UEHARA Etsujiro
Minister of Finance ISHIBASHI Tanzan
Minister of State KANAMORI Tokujiro
Minister of Transportation MASUDA Kaneshichi
Minister of Commerce and Industry ISHII Mitsujiro
Minister of Education TAKAHASHI Seiichiro
Minister of Agriculture and Forestry KIMURA Kozaemon
Minister of State TANAKA Man-itsu
Law No.16
Article 1. The aim of the present Law shall be to perform most properly and rightly the election which is to take place under the most pressed economical conditions, as in the case of actual deficiency of paper or other materials, and the Law shall apply in respect of notices or distribution of writings and drawings to be used in the campaign for the election of the membership of the House of Representatives, House of Councillors, prefectural assembly and for the election of the chief of a prefectural community, to be held during the year 1947.
Article 2. The writings and drawings to be used mainly for election campaign must not be distributed except in the case of the free post-cards provided for in one of the following items:
1. For each candidate for membership of the House of Representatives or of the House of Councillors for a prefecture, 20,000 post-cards,
2. For each candidate for membership of the House of Councillors for the whole country 30,000 post-cards.
3. For each candidate for the chief of Metropolis, district or urban prefecture or rural prefecture 10,000 post-cards.
Article 3. In case of sending round among numbers of people circular boards, other writings and drawings or sign-boards (including placards) to be used for election campaign, it shall be regarded as the distribution provided for in the preceding Article.
Article 4. The writings and drawings to be used for election campaign must not be put up except in the case of those as falling under one of the following items:
1. Posters and the like to be used for election,
2. Posters, notice-boards, paper-lanterns, sign-boards and the like to be used at a speech-meeting-hall,
3. Posters, paper-lanterns, sign-boards and the like to be used at an election office for the purpose of indicating the said office.
The posters mentioned in item 1 of the preceding paragraph must not be put up, in the case of the election of membership of a town or village assembly or assembly corresponding thereto and of the election of the headman of a town or village.
Article 5. The number of posters to be used for election shall not exceed the limit prescribed in the following items:
1. 1,000 for each candidate in the election of the member of the House of Representatives, the member of the House of councillors as well as the head of the Me ropolis, the district and the urban or rural prefectures and the cities mentioned in Article 6 and Article 82 paragraph 1 of the Regulations governing the Municipal Organization.
2. 300 for each candidate in the election of the member of the assembly of the Metropolis, the district and the urban or rural prefectures and cities (including the wards of Tokyo Metropolis) as well as the head of the cities other than those mentioned in Article 6 and Article 82 paragraph 1 of the Regulations governing the Municipal Organization (including the wards of Tokyo Metropolis).
As to the candidate for the member of the House of Councillors for the whole country, the limit shall be 10,000 for each candidate and the same shall not exceed 1,000 in respect to the Metropolis, the district and the urban or rural prefectures.
The posters mentioned in the two preceding paragraphs shall bear the stamp of approval of the Electoral Administrative Committee controlling the election concerned (as to the candidate for the member of the House of Councillors for the whole country, the Electoral Administrative Committee on the members for the whole country or the Electoral Administrative Committee of the Metropolis, the district and the urban or rural prefectures that has given the approval upon he application of the individual concerned).
The numder of posters used for the election by those other than the candidate shall be included in that of the posters mentioned in the items of paragraph 1.
Article 6. The size of the posters to be used for the election shall not exceed the tabloid type (41 cm in length, 28 cm in width).
Article 7. Those who wish to put up a poster for the election shall state their address and name on the surface.
Article 8. Any person shall, in case he puts up posters to be used for election, conform to the limit prescribed in the following items:
1. On one and the same structure, the number of posters that may be put up shall not exceed one for each candidate,
2. On structures possessed or administered by the state or the local communities, posters shall not be put up,
3. On the day of election, posters shall not be put up on the premises of the polling-place,
4. Posters shall not be put up on the structure of others without the consent of the proprietor or the agent,
5. The typography of the posters shall be restricted to two colours.
Article 9 During the term of election campaign, writings or drawings indicating the name chiefly of the candidate or that of the political association or other organizations recommending the same shall not be distributed or put up as an act evading the prohibition prescribed in Articles 2 and 4, by means of advertising literary works, performances and others or under any pretext whatsoever.
Writings or drawings put up prior to the term of election campaign, that have been regarded by the Electoral Administrative Committee of the Metropolis, the district and the urban or rural prefectures as falling under the provisions of the preceding paragraph, may be withdrawn or made to withdraw during the term of election campaign.
Article 10. The candidate or the representative of political association may put an advertisement concerning the election, of the same size as determined by each Electoral Administrative Committee of the Metropolis, the district and the urban or rural prefectures not more than once in any of the newspapers.
The newspaper in which the advertisement mentioned in the preceding paragraph is inserted may be distributed by those engaged in the sale of newspapers in the ordinary way notwithstanding the provisions of Article 2.
Article 11. The candidate for the member of the House of Councillors for the whole country may broadcast concerning the election not more than three times free of charge as determined by the Electoral Administrative Committee on the members for the whole country.
The expense mentioned in the preceding paragraph shall be defrayed by the National Treasury.
Article 12. In the official bulletins concerning the election as well as the posters, free postcards and newspaper advertisements as prescribed in the present Law, the matters desired by the candidate concerning the candidacy may be stated.
Article 13. In cases where those who have received the paper to be used for election campaign through the good offices of the Home Ministry or the Metropolis, the district and the urban or rural prefectures have not filed the notification of the candidate or the notification of his recommendation and in cases where the candidate for whom the notification or the notification of his recommedation has been filed, has given up his candidacy, the whole paper shall be returned to the Home Ministry or the Metropolis, the district and the urban or rural prefectures concerned immediately after the lapse of the term of the notification of the candidate or the notification of his recommendation.
Article 14. Those who have distributed or put up the writings or drawings in violation of the provisions of Article 2, Articles 4 to 6 inclusive and Article 9 shall be fined less than 5,000 yen.
The successful candidate who has violated the provisions mentioned in the preceding paragraph shall be fined less than 50,000 yen.
Article 15. Those who have put up the writings or drawings in violation of the provisions of Article 7 and Article 8 shall be fined less than 3,000 yen.
The successful candidate who has violated the provisions mentioned in the preceding paragraph shall be fined less than 30,000 yen.
Article 16. The prescription concerning the crimes mentioned in Article 14 and Article 15 shall be accomplished after the lapse of six months;provided that in case of the abscondence of the offender the term shall be one year.
Supplementary provisions:
The present Law shall come into force as from the day of its promulgation.
The part of the Disciplinary Regulations concerning the Election Campaign of the Member of the House of Representatives and others, the Disciplinary Regulations concerning the Election Campaign of the Member of the House of Councillors and the Disciplinary Regulations concerning the Election Campaign of the Member of the Local Assembly and others, that does not conform to the present Law shall lose its validity from the day of the enforcement of the present Law to December 31st of 1947.