法令番号: 法律第17号
公布年月日: 昭和22年3月17日
法令の形式: 法律

審議経過

I hereby give My sanction, with the advice of the Privy Councillors to the Law concerning partial amendments to the Law for the Election of Members of the House of Councillors, 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　YOSHIDA Shigeru
Minister for Home Affairs　UEHARA Etsujiro
Law No.17
The following amendments are made to the Law for the Election of Members of the House of Councillors.
In Article 21, Par.2, Electoral Administration Committee men for the election of Members of the Municipal, Town and Village Assemblies "shall read" the Electoral Administration Committee for the Election of Members of the Municipal, Town and Village Assemblies."
In Article 74, the following is added as the first paragraph;
An elector or a candidate for membership who considers the election of a person to be invalid according to the provision of Article 79 Par.3, may file a litigation at the Tokyo High Court with the elected as the accused, within thirty (30) days from the date of the notification under Article 59, Par.1 or Article 69 which is the mutatis mutandis application of Article 59, Par.1.
In Article 76, the following three paragraphs are added;
The election campaign of a candidate shall not be started until his candidacy is filed according to Article 54, Pars.1 to 3 or Article 69 in which the provisions of the abovementioned paragraphs are applied mutatis mutandis.
No person shall make a visit to a house with the purpose of obtaining a vote for himself or others, or of preventing others from obtaining a vote.
No one shall conduct the election campaign, by making use of one's positions specially related to children, pupils, and students, of schools who are under the age of twenty (20).
Article 79.　Election campaign expenses shall not exceed the amount mentioned in the following items per candidate.
1.　The sum which equals the multiplication of the amount of money fixed by an Ordinance, by the total number of the electors registered in the electoral list at the date of decision of the list, whose total number is divided by the fixed number of the members to be returned from the election district concerned in the ordinary election (in case of the members from the national constituency, by the fixed number of the members in the ordinary election).
2.　In case a re-election is held owing to the invalidity of part of an election, the sum which equals the mutiplication of the amount of money fixed by an ordinance, by the total number of the electors registered in the electoral list in the district concerned at the date of decision of the electoral list, whose total number is divided by the fixed number of members to be returned from the election district concerned in the ordinary election (in case of the members from the national constituency, by the fixed number of the members in the ordinary election).
3.　In case the voting is carried out in accordance with the provision of Article 26, the sum which equals the amount of money calculated according to the provision of the preceding item. However, the Electoral Administration Committee for the Election of Members of the Metropolitan Assembly or the Electoral Administration Committee for the Election of Members of the District or Prefectural Assemblies may reduce the amount when they deem it necessary
However, the Electoral Administration Committee for the Election of Members of the Metropolitan Assembly or the Electoral Administration Committee for the Election of Members of the District or Prefectural Assemblies may reduce the amount when they deem it necessary
The Electoral Administration Committee for the Election of Members of the Metropolitan Assembly or the Electoral Administration Committee for the Election of Members of the District or Prefectural Assemblies (the Electoral Administration Committee for the Election of Members from the National Constituency as far as the amounts mentioned in Items 1 and 2 of the preceding paragraph relating to the members from the national constituency are concerned) shall give public notice of the amount fixed by the preceding paragraph immediately after the date of the election has been proclaimed or given public notice.
In case the election campaign expenses disbursed for a candidate for membership exceed the amount given public notice according to the provision of the preceding paragraph, the election of the condidate shall be invalid However, this provision does not apply in the case where any candidate or person who has notified his recommendation of a candidate has paid due attention to the appointment and supervision of the responsible disburser or the person who performs the functions of the disbursrer in his place and where the responsible disburser or the person who performs the functions of the disburser in his place has not committed a fault in the disbursing business of the election campaign.
In Article 80, the following is added as the first paragraph:
The responsible disburser shall, according to provisions of Ordinances, submit reports on the receipts concerning the election campaign and the election campaign expenses to the Electoral Administration Committee for the Election of Members of the Metropolitan Assembly or the Electoral Administration Committee for the Election of Members of the District or Prefectural Assemblies (in case of the members from the national constituency, the Electoral Administration Committee for the Election of Members from the National Constituency)
In Article 81, "the preceding two Articles" shall read "the preceding Article" .
In Article 82, Par.1, "Articles 79 and" is deleted
Article 84.　Any person who has violated the provision of Article 76, Par 1, shall be liable to imprisonment for not more than six (6) months or a fine of not more than three thousand (3,000) yen
Any person who has violated the provisions of Article 76, Pars.2 to 4 shall be liable to imprisonment for not more than one (1) year or a fine of not more than five thousand (5,000) yen
In Article 86, "Article 79 or" is deleted.
In Article 90, the following is added as the first paragraph:
A candidate or a person whohas notified his recommendation of a candidate may, according to provisions of Ordinances, send ordinary postcards for election campaign to the maximum of ten thousand (10,000) sheets free of postage, per candidate.
In Article 4 of the Supplementary Provisions, "the House of Representatives" shall read "the House of Peers"
In Article 74 Par.1, "Tokyo High Court" shall read "Supreme Court" until the enforcement of the Japanese Constitution.
In Article 10 of the Supplementary Provisions, the following one paragraph is added:
Regarding the first ordinary election of the Members of the House of Councillors to be effected by this Law, "within ten (10) days" shall read "within five (5) days in Article 61" .
In Article 11 of the Supplementary Provisions, "and Article 56, par.1, proviso" , shall read "Article 56, par.1, proviso and Article 79, par.1, items 1 and 2" "and Article67, proviso" shall read "Article 67, Proviso and Article 79 par.1, items 1 and 2"
Supplementary Provision:
The present Law shall come into force as from the day of its promulgation.