Section VII. Extraordinary Elections
Article 62. In cases where any of the following events has occured, the electoral administration committee which administers the affairs relating to such election of the assemblymen of an ordinary local public body or of its chief as is mentioned below, shall determine the day of election, give public notice thereof and shall cause another election to be held, if, with respect to the election of the assemblymen of an ordinary local public body, elected persons cannot be determined without holding another election or the deficiency in the number of the elected persons together with such number of unfilled vacancies in the office of assemblyman as is mentioned in Article 63 paragraph 1 has come, notwithstanding that the elected persons have been determined without holding another election, to exceed one-sixth of the whole number of the assemblymen for the electoral district concerned (in a case where there is created no electoral district, the full number of the assemblymen) or if, with respect to the election of the chief of an ordinary local public body, an elected person cannot be determined without holding another election, except if, with respect to one and the same person, public notice of the day of election has, by reason of any of the following events other than that which is considered in the fore part of the present Article or in accordance with the provisions of Article 63 paragraph 1, been given, namely:
1. If no person is duly elected, or if the number of the elected persons is, in a case of the election of the assemblymen of an ordinary local public body, less than the whole number of the assenblymen to be elected at that election;
2. If an elected person has declined to accept office, or if he has died;
3. If an eleted person has ceased to be an elected person by virtue of the provisions of Article 57;
4. If, in consequence of filing of objection, appeal or an action prescribed in the provisions of Article 66 paragraph 1, 2 or 4, no person remains duly elected, or the number of the elected persons fails, in a case of the election of the assemblymen of an ordinary local public body, to come to the whole number of the assemblymen to be elected at that election;
5. If, in consequence of filing an action prescribed in Article 68 paragraph 1, the election of an elected person has come to be null and void;
6. If a person who has had a general control of the election campaign of an elected person has been sentenced to punishment on conviction of such offence as is concerned with the concerned election and the election of an elected person has come to be null and void;
7. If an elected person has been sentenced to punishment on conviction of such offence as is concerned with the concerned election and his election has come to be null and void.
An election prescribed in the provisions of preceding paragraph shall not be held, during the period within which the filing of objection, its decision or an action, prescribed in the provisions of Article 66 paragraph 1, 2 or 4 is pending, or in a case where an action has been brought in the court, while such action is pending in the court.
If such event as falls under any of the items of paragraph 1 has occurred within six months prior to the expiration of the term of office of the assemblymen of an ordinary local public body, the election contemplated in the same paragraph shall not be held except in case where the number of the assemblymen has come to be less than two-thirds of their full number.
Even if the shortage of elected persons combined with the number of vacancies in the numbers of the assembly of an ordinary local public body mentioned in Article 63 paragraph 1, does not exceed one sixth of the fixed numbers of members of the assembly of the said electoral district (when there is no electoral district, the fixed number of assembly), when there is another election of an ordinary local public body, an election may be held simultaneously therewith.
Article 63. If, in a case where vacancies have occurred in the offices of assemblymen of an ordinary local public body, it is unable to determine the elected person without election or when the elected person has been determined without election or the number of such vacancies in the office of assemblyman together with such deficiency in the number of elected persons as is mentioned in paragraph 1 of the preceding Article has come, exceed one-sixth of the whole number of the assemblymen to be elected in the concerned electoral district (in a case where there is created no electoral district, the full number of the assemblymen), or if a vacancy has come to occur in the office of the chief of an ordinary local public body or the chief of an ordinary local public body has made a declaration of retirement, the electoral administrative committee which administers the affairs relating to such election as is concerned with respective case mentioned above shall determine the day of election, give public notice thereof and cause an election to be held, except in a case where, with respect to one and the same person, the day of election has, in accordance with the provisions of paragraph 1 of the preceding Article, further been given public notice.
If, in a case where, before the fixed day contemplated in Article 60 paragraph 1, a vacancy has occurred in the office of assemblyman. of an ordinary local public body or in the office of the chief of an ordinary local public body or he has made a declaration of retirement, there is a person who, notwithstanding his having polled such number of votes as is prescribed in the provisions of the proviso to paragraph 1 of Article 55, or of paragraph 6 of Article 65, has not been elected or if, in a case, after the fixed day such vacancy or has been made, there is a person who, notwithstanding his having polled such number of votes as is prescribed in the provisions of Article 55 paragraph 2 or Article 65 paragraph 6 has not been duly elected, an election meeting shall forthwith be held and such person shall be chosen as an assemblyman or the chief;in this case the provisions of Article 56, paragraph 4 shall apply with the necessary modifications.
The provisions of paragraph 2 of the preceding Article and the provisions of paragraphs 3 and 4 of the same Article shall respectively apply with the necessary modifications to the election contemplated in the provisions of paragraph 1 and the election of the assemblymen of an ordinary local public body contemplated in the provisions of paragraph 1.
Article 64. If, in a case where, with respect to the assemblymen of an ordinary local public body or the elected persons at the election of such assemblymen, any of the events contemplated in Article 62, paragraph 1 or paragraph 1 of the preceding Article has occurred, there is or remains no assemblyman or elected person, a general election shall be held, notwithstanding these provisions, except in a case where, with respect to any of those events, public notice of an election prescribed in the provisions of Article 62 paragraph 1 or paragraph 1 of the preceding Article or public notice of an election meeting prescribed in the provisions of Article 56 paragraphs 1 to 3 or paragraph 2 of the preceding Article.
The provisions of Article 62, paragraph 2 shall apply to the general election mentioned in the preceding paragraph.
In a case where such elections contemplated in Article 61, paragraph 1 and in paragraph 1 of the preceding Article relating to the assemblymen of an ordinary local public body are to be held at the same time, one election shall be held by means of uniting the election concerned.
Article 65. If, in a case of the election of the chief of an ordinary local public body, there is no person who has polled such number of votes as is prescribed in the proviso to paragraph 1 of Article 55, another election shall, within fifteen days, with respect to the election of the governor of metropolis, district or urban or rural prefecture, or within ten days, with respect to the election of the mayor of a city or, head of a town or village, from the day of public notice prescribed in the provisions of Article 59 paragraph 2, notwithstanding the provisions of Article 24 paragraphs 1 and 4 and 5 and Article 62 paragraph 1, be held;in this case, two persons who have polled the majority of valid votes cast at that election shall, notwithstanding the provisions of Article 53 paragraphs 1 to 3 inclusive and Article 54 paragraph 1 item 1 or 2, or paragraph 4, be candidates.
In a case where, the election of governor of metropolis, district, urban or rural prefecture and the election of mayor of a city or head of a town or village is held simultaneously in accordance with the provisions of Article 25 paragraph 3 and in case both such elections fall under the provisions of the preceding paragraph, notwithstanding the provisions of the preceding paragraph, the elections shall simultaneously be held within fifteen days from the date of the announcement provided for by Article 59 paragraph 2 concerning the election of governor of metropolis, district, urban or rural prefecture, within fifteen days on a date determined by the electoral administration committee of the metropolis, district, urban or rural prefecture.
In the case contemplated in the preceding two paragraphs, the electoral administration committee shall, on or before the fifth day prior to the day of election, give public notice of the day of election.
In determining the two candidates in the case of paragraph 1, when it cannot be determined by the number of votes obtained due to equality of such votes, the electoral administration committee shall determine by the drawing of lots.
In a case of the election contemplated in paragraph 1, notwithstanding the provisions of the proviso of Article 55 paragraph 1, a person who has polled a majority of valid votes cast, shall he determined to be duly elected.
In a case where the candidates at the election contemplated in paragraph 1, have polled an equal number of votes, the presiding officer of election shall, notwithstanding the provisions of the preceding paragraph, determine a duly elected person by the drawing of lots.
In a case where, in consequence of the death or the withdrawal from his candidacy of a candidate contemplated in the election in paragraph 1, the number of a candidate has come to be one, no poll shall be taken;in this case, the provisions of Article 58 paragraphs 2 to 6 inclusive shall apply with the necessary modifications.
With regard to the application of the provisions of Article 30 paragraph 7 or Article 40 or 47 in which the application with the necessary modifications of Article 30 paragraph 7 is prescribed, is concerned in a case of the election contemplated in paragraph 1, "three" mentioned in the same paragraph shall read "two."