I hereby promulgate the National Election Management Commission Law.
Signed:HIROHITO, Seal of the Emperor
This seventh day of the twelfth month of the twenty-second year of Showa (December 7, 1947)
Prime Minister KATAYAMA Tetsu
The National Election Management Commission
Article 1. There shall be established the National Election Management Commission in order to manage, the election, the voting, the people's examination and other business, in accordance with the provisions of this Law.
The National Election Management Commission shall be placed under the jurisdiction of the Prime Minister.
Article 2. The Commissioners of the National Election Management Commission shall perform their functions independently of any political affiliations.
Article 3. The National Election Management Commission shall be in charge of the following matters:
1. Matters pertaining to the research and the collection of date concerning the election of the Members of the Diet, the election to be conducted under the Local Autonomy Law, as well as the matters pertaining to these systems;
2. Matters pertaining to the research and the collection of date concerning the people's examination under the Law for People's Examination of the Supreme Court Judges and the voting relative to ratification by the people of amendments to the Constitution of Japan, as well as the matters pertaining to these systems;
3. Matters pertaining to the securing of necessary appropriations, the assistance in procuring necessarv paper and other preparations concerning the election, the voting and the people's examination prescribed in the preceding two items;
4. Matters pertaining to political parties and political associations;
5. Other matters assigned by law to it.
Article 4. The National Election Management Commission shall, in relation to the business concerning the election of the Members of the Diet, or of the members of the assemblies or the heads of the local public entities and other voting, direct and supervise the Commission for Overseeing the Election of the Members of the House of Councillors from the National Constituency, the Commissions for Overseeing the Election of Metropolis and Prefectures or of cities, towns and villages (including similar public bodies) respectively.
Article 5. The National Election Management Commission shall be composed of nine Commissioners.
The Commissioners shall be deemed as the persons engaged in public service under law and order.
Article 6. The Commissioners of the National Election Management Commission shall be appointed by the Prime Minister upon the designation of the Diet by a resolution thereof.
Those persons, recommended by various parties or groups on the basis of their actual strength computed from the ratio of the number of the Members of the Diet belonging to the same party or group shall be designataed as the Commissioners.
Minor parties or groups may, when necessary, combine with others for the purpose of making recommendation stipulated in the preceding paragraph.
The Diet shall, when it designates the Commissioners, take measures so that those who have been recommended jointly by the minor parties or groups shall also be designated in accordance with the provisions of the preceding two paragraphs.
Article 7. When the Diet designate the Commissioners under Paragraph 2 of the preceding Article, it shall, at the same time, designate the reserve Commissioners of the same number as the Commissioners.
The reserve Commissioners shall perform the duties of the Commissioners, in case vacancy has occurred in the seats of the latter.
The preceding Article and Articles 8 to 12 inclusive shall be applied mutatis mutandis to the reserve Commissioners.
Article 8. The term of office of the Commissioners of the National Election Management Commission shall be 3 years, provided, however, that in the case of a vacancy occurring in the post of a Commissioner during his term of office, the term of office of his successor shall be the remaining period of his or her predessessor.
The Commissioners may be re-appointed, provided, however, that they may not hold office for more than 9 years, consecutively.
In case the term of office of the Commissioners shall have expired during the period of adjournment of the Diet or while the House of Representatives stands dissolved, they shall remain in office until the Commissioners are designated at the first session of the Diet convenced after the adjournment of the Diet or the dissolution of the House of Representatives, and appointed by the Prime Minister.
Article 9. The Commissioners of the National Election Management Commission shall not concurrently be the member of the Diet or members of the Assemblies or heads of local public entities.
Article 10. Any person who comes under any of the following items shall not be qualified to be a Commissioner of the National Election Management Commission:
1. Person under disability or quasi-disability;
2. Any person who has committed any of the offences and is sentenced to qunishment in relation to elections under the Election Law for Members of the House of Representatives and the Election Law for Members of the House of Councillors, elections or voting held under the Local Autonomy Law, or examinations under the Law for People's Examination of the Supreme Court Judges;
3. Any person, who has, apart from the preceding item, been sentenced to imprisonment or heavier punishment, and has not served out his sentence, or until he is exempted from its execution;
4. Any person who has been dismissed on account of his misconduct during his tenure of office as the Commissioner of the National Election Management Commission.
Article 11. The Prime Minister shall dismiss a Commissioner of the National Election Management Commission, in case the latter comes under any of the following items, provided, however, that, in case of Items 1 and 2, he shall previously obtain an approval of the Notional Diet;
1. In case a Commissioner is prevented from performing his duties on account of mental and physical weakness;
2. In case a Commissioner has acted in violation of his official duty or has Committed other misconducts derogatory to the post of a Commissioner;
3. When the dismissal of a Commissioner has been recommended by a resolution of the Diet.
In case the approval of the Diet as provided for by the proviso to the preceding paragraph shall not be obtainable on account of its abjournment or the dissolution of the House of Representatives, an ex post facto approval of it shall be obtained.
Article 12. The Commissioner of the National Election Management Commission shall itso facto retire under any of the circumstances enumerated hereunder:
1. When he contravenes the provision Article 9;
2. When his removal is decided under the procedure of public impeachment prescribed by Law;
3. Where he has been a Commissioner of the National Election Management Commission consecutively for 9 years;
4. When a Commissioner's application for retirement, to which consent has been given by the Commission, is approved by the Prime Minister.
Article 13. The Chairman of the National Election Management Commission shall be appointed by the Prime Minister in accordance with the result of the mutual election of its members.
The Chairman of the Commission shall supervise the business of the Commission, represent it and direct and supervise its staff.
The Commission shall nominate, before the fact, a person who shall assume the duty of the Chairman in his absence.
The meetings of the Commission shall be convened by its Chairman. The Chairman shall convene a meeting of the Commission if and when such is requested by three or more of its members.
Article 14. The meeting of National Election Management Commission shall not be opened unless one-half or more of its members are present.
The business of the Commission is decided by the majority of the members attending its meeting. In case of a tie, the Chairman shall decide.
Article 15. The Chairman of the National Election Management Commission may receive a remuneration similar, in amount, to the salary paid to a State Minister, and other members of the Commission may receive remunerations not less, in amount, than the highest salaries usually paid to general Government officials.
Article 16. A secretariat shall be attached to the Commission to conduct the business pertaining to its meetings.
The Director and other staff shall be appointed for such secretariat by Cabinet Order.
The staff mentioned in the preceding paragraph shall be Government officials.
The Director and second-class officials shall be appointed or removed by the Prime Minister at the instance of the Commission, and the appointment or removal of third and lower class officials shall be executed by the Chairman of the Commission at his own discretion.
Article 17. The National Election Management Commission may demand the Government organs concerned for such reports or data as are considered necessary for the execution of its business.
Article 18. The National Election Management Commission may make necessary rules, regulations and decide other matters relating to the execution of its functions, besides those provided for by this Law.
Any rules and regulations made under the preceding paragraph, which recuire public notification shall be published in the Official Gazette.
Supplmentary Provisions:
Article 19. The present Law shall come into force as from December 10, 1947, provided, however, that until the National Election Management Commission shall completely take over the business prescribed in Article 3 in accordance with the provisions of Article 21, the Home Ministry shall manage such business as heretofore.
The National Election Management Conmmission may review the business managed by the Home Ministry in accordance with the provisions of the proviso of the preceding paragraph.
Article 20. The process of the designation of the Commissioners and the reserve Commissioners of the National Election Management Commission provided for by Article 6, Paragraph 2 and Article 7, Paragraph 3 may be taken prior to the date prescribed in the preceding Article.
In the case of the preceding paragraph, the number of the Diet Members of each political party or group existing on the day of promulgation of this Law, shall be taken as the standard.
Article 21. The business prescribed in Article 3, which is now under the juridication of the Home Ministry, shall immediately be transfarred to the National Election Management Commission upon request of the latter. However, the transfer of the business shall not be leter than December 31, 1947.
Article 22. The Law for the Election of Members of the House of Representatives shall partially be amended as follows:
In Art.76, Par.2 of Art.79, Art.86, Par.1 of Art.106, Art.107, Par.1 of Art.108, Art.143 and Par.3 of Art.144-(2) "the Minister for Home Affairs" shall read "the National Election Management Commission."
In Article 100 and Article 100-(2) "the Minister for Home Affairs" shall read "the Prime Minister."
Article 23. The Law for fhe Election of Members of the House of Representatives shall partially be amended as follows;
In Paragraph 2 of Article 13, "be placed under the jurisdiction of the Minister for Home Affairs and" shall be deleted.
In Article 14, Paragraph 1, "the Member" shall read "persons other than Members of the Diet, who have the eligibility for a Member of the House of Councillors"
In Art.63, Par.2 of Art.71, Proviso of Art.75, Par.2 of Art.80, Art.81 and Par.1 of Art.82, "the Minister for Home Affairs" shall read "the National Election Management Commission."
In Article 83, "the Minister for Home Affairs" shall read "the Prime Minister."
Article 24. The Law for People's Examination of the Supreme Court Judges shall partially be amended as follows:
In Paragraph 2 of Article 33, "and the National Election Management Commission" shall be added next "the Prime Minister."
In Article 40, "the National Election Management Commission" shall be added next to "the Prime Minister."
Article 25. The Law for Exceptions concerning Writings, Drawings and others for Election Campaigns shall be amemded as follows:
In Article 1, "and 1948" shall be added next to "1947."
In Article 13, "the Ministry for Home Affairs" shall read "the Nationl Election Management Commission."
In Article 1 and Paragraph 2 of Supplementary Provisions "1947" shall read "1948."
Article 26. The Diet Law shall partially be amended as follows:
In Article 11, "the Minister for Home Affairs" shall be altered to "the National Election Management Commission."