The Imperial Ordinance concerning the Enforcement of the Law concerning the Election of the Members of the House of Councillors
法令番号: 勅令第58号
公布年月日: 昭和22年2月24日
法令の形式: 勅令
I hereby give My sanction with the advice of the Privy Council to the Enforcement Ordinance of the Law concerning the Election of the Members of the House of Councillors and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This twenty-second day of the second month of the twenty-second year of Showa (February 22, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister for Home Affairs UEHARA Etsujiro
Imperial Ordinance No. 58
The Table of Contents of the Imperial Ordinance concerning the Enforcement of the Law concerning the Election of the Members of the House of Councillors
Chapter I General Provisions
Chapter II The Poll
Chapter III The Counting of Votes
Chapter IV Election Meetings and Branch Election Meetings
Chapter V Candidates for the Office of Members of the House of Counciliors
Chapter VI Election Campaigns
Chapter VII Expenses relating to the Execution of Election
Chapter VIII The Use of the Equipments of Schools, etc. and the Public Management of the Facilities Necessary for the purpose of holding Public Meetings by the Use thereof
Chapter IX The Publication of Public Bulletins of the Careers of Candidates for the Office of Member of the House of Councillors
Chapter X The Posting of the Full Names, etc. of Candidates for the Office of Member of the House of Councillors
Chapter XI The Execution of Election in a case where the alterations of the Boundaries of Cities, Towns or Villages have been effected
Chapter XII Supplementary Provisions
Additional Provisions
The Imperial Ordinance concerning the Enforcement of the Law concerning the Election of the Members of the House of Councillors
Chapter I General Provisions
Article 1. The age of the person qualified to be elected member of the House of Councillors shall be computed according to the date of election.
Article 2. A meeting of the electoral administrative committee for the members of the House of Councillors to be elected from the whole area of the country shall be called by the chairman of the committee. In a case where a demand for the convocation of a meeting of the committee has been made by a committeeman, the chairman of the committee must call a meeting thereof.
Article 3. The chairman or a member of the electoral administrative committee for the members of the House of Councillors shall not take part in the proceedings of a meetng of the committee relating to such business as concerns the personal interests of his own or of his parent, grand-parent, consort, child, grand-child, brother or sister; provided, however, that he may attend and speak at such a meeting upon obtaining the consent of the committee.
If the number of such committeemen present as are qualified to take part in the proceedings at a meeting of the committee has come to be less than the number specified in Article 17, paragraph 1 of the Law concerning the Election of the Members of the House of Councillors in consequence of the Exclusion as provided in the preceding paragraph, the chairman of the Committee shall, upon obtaining the consent of the president of the House of Councillors, choose from among the Members of the House of Councillers such persons as perform provisionally the duties devolving upon the member of the Committee.
Chapter II The Poll
Article 4. The electoral administrative committee for the members of a city, town or village assembly shall, in a case where the public notice or the notice of the day of election has been given, forth with send forward to respective superintendent of the poll the register of electors (in a case where there fails to exist such register of electors as has been prepared for the same area as the area of a polling division, such portion of the register of electors as relates to the area of the polling division).
Aricle 5. The electoral administrative committee for the members of a city, town or village assembly shall, from among the persons who have the right to vote at the election of the members of the House of Councillors, beforehand choose a person who shall act for the superintendent of the poll in a case where the latter cannot attend to his duties. In a case where both the superintendent of the poll and the person to act for him cannot attend their duties, the chairman of the electoral administrative committee for the members of a city, town or village assembly shall, from among the electoral administrative committeemen for the members of a city, town or village assembly or the clerks of the electoral administrative committee for the member of a city, town or village assembly, appoint a person who shall provisionally take charge of the duties devolving upon the superintendent of the poll.
In cases where the superintendent of the poll, or the person to act for him or the person to take charge of the duties devolving upon the superintendent of the poll has been chosen, the electoral administrative committee for the members of a city, town or village assembly shall forthwith give notice of his full name and address.
Article 6.
With respect to the denial of a vote which has been made in Braille points, the provisions of Article 24 of the Law concerning the Election of the Members of the House of Councillors shall be applied. In such a case an envelope which is impressed on the surface thereof with a stamp to the effect that the vote is cast in Braille points shall be delivered. The vote which has provisionally been cast in accordance with the provisions of the preceding paragraph shall, in so far as the application of the provisions of Article 32 of the Law concerning the Election of the Members of the House of Councillors is concerned, be deemed to be a vote contemplated in Article 24, paragraphs 2 and 4, of the same Law.
Article 7.
Such documents as relate to the poll shall be preserved by the electoral administrative committee for the members of a city, town or village assembly during the term of office of the members of the House of Councillors. Article 8.
The electoral adminstrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall, in a case where it has determined the day of the poll in accordance with the provisions of Article 25 of the Law concerning the Election of the Members of the House of Councillors, forthwith give notice thereof and at the same time shall notify the same to the superintendents of the poll and the superintendents for the counting of the votes. Article 9.
The electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall, in a case where it has determined the day of the poll in accordance with the provisions of Article 26 of the Law concerning the Election of the Members of the House of Councillors, forthwith notify the same to the superintendents of the poll, the superintendents for the counting of the votes, and the presiding officer of election (the chief officer of a branch election meeting, in respect of the election of the members of the House of Councillors). Article 10.
With respect to the poll, in addition to the provisions prescribed in the Law concerning the Election of the Members of the House of Councillors, the present Imperial Ordinance and the Orders issued in pursuance of the said Law, such provisions as relate to the poll at the election of the members of the House of Representatives shall apply. Chapter III The Counting of Votes
Article 11.
With respect to the case where a division for the counting of the votes has been created by uniting the areas of several towns or villages the following provisions shall apply. 1.
The superintendent for the counting of the votes shall, from among the persons who have the right to vote at the election of the members of the House of Councillors, be chosen by a mutual agreement of the electoral administrative committees for the members of town or village assemblies of the towns of villages concerned. In case this mutual agreement is not reached, he shall be chosen by electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly. 2.
The record of the counting of the votes, the record of the poll and the ballots cast shall, during the term of office of the members of the House of Councillors, be preserved by the electoral administrative committee for the members of a town or village assembly which has been determined by a mutual agreement of the administrative committees for the members of town or village assemblies of the towns or villages concerned. In a case where such mutual agreement has not been concluded, such documents shall be preserved during the term of office of the members of the House of Councillors by an electoral administrative committee for the members of a town or village assembly which shall be designated by the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly. Article 12.
The provisions of Article 5 shall apply with the necessary modifications to the superintendent for the counting of the votes and the person acting for him. In a case of the division for the counting of the votes contemplated in the preceding Article, the electoral administrative committees for the members of town or village assemblies of the towns or villages concerned shall, from among the persons who have the right to vote at the election of the members of the House of Councillors, beforehand choose by their mutual agreement a person who shall, in a case where the superintendent for the counting of the votes cannot attend to his duties, act for him. In a case where such mutual agreement has not been concluded, the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall appoint such a person.
If, in the case of the division for the counting of the votes contemplated in the preceding Article, both the superintendent for the counting of the votes and the person to act for him cannot attend to their duties, the chairman of the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall, from among the electoral administrative committeemen for the members of the town or village assemblies of the towns or villages concerned or the clerks of the electoral administrative committees for the members of the town or village assemblies of the towns or village concerned appoint a person who shall provisionally take charge of the duties devolving upon the superintendent for the counting of the votes.
Article 13.
The electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural committee shall, in a case where it has, in accordance with the provisions of Article 32, paragraph 2 of the Law concerning the Election of the Members of the House of Councillors, determined the area in which ballots shall be subject to scrutiny, forthwith give notice of the same. Article 14.
The superintendent for the counting of the votes shall, in a case where he makes a return contemplated in Article 32, paragraph 3 of the Law concerning the Election of the Members of the House of Councillors, send forward a tenor of the record of the counting of the votes at the same time. The superintendent for the counting of the votes shall, immediately after he has made a return contemplated in the preceding paragraph, send back to the electoral administrative committees for the members of the town or village assemblies of the towns or villages concerned the registers of electors which have been sent forward by the superintendent of the poll.
Article 15.
Such documents as relate to the counting of the votes shall, during the term of office of the members of the House of Councillors, be preserved by the electoral administrative committee for the members of a city, town or village assembly; provided, however, that in such a case the provisions of Article 11, item 2 shall apply with the necessary modifications. Article 16.
The electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee of the members of a district or urban or rural assembly shall, in a case where it has determined the day for the counting of the votes in accordance with the provisions of Article 37 of the Law concerning the Election of the Members of the House of Councillors, forthwith notify the same to the superintendents for the counting of the votes and the presiding officer of election (the chief officer of a branch election meeting, in respect of the election of the members of the House of Councillors). Article 17.
With respect to the counting of the votes, in addition to the provisions of the Law concerning the Election of the Members of the House of Councillors, the present Imperial Ordinance and the Order issued in persuance of the said Law such provisions as relate to the counting of the votes at the election of the members of the House of Representatives shall apply. Chapter IV Election Meetings and Branch Election Meetings
Article 18.
The electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall, from among the persons who have the right to vote at the election of the members of the House of Councillors, beforehand choose a person who shall act for the presiding officer of election in a case where the latter cannot attend to his duties. In cases where both the presiding officer of election and the person to act for him cannot attend to their duties, the chairman of the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall, from among the electoral administrative committeemen for the members of the metropolitan assembly or the electoral administrative committeemen for the members of a district or urban or rural prefectural assembly or the clerks of the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly, appoint a person who shall provisionally take charge of the duties devolving upon the presiding officer of electoin.
In cases where the presiding officer of election, or the person to act for him or the person to take charge of the duties devolving upon the presiding officer of election has been chosen, the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the member of a district or urban or rural prefectural assembly shall forthwith give notice of his full name and address.
Article 19.
Such documents as relate to the election meeting shall, during the term of office of the members of the House of Councillors, be preserved by the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative commitree for the members of a district or urban or rural prefectural assembly. Article 20.
The electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall, in cases where it has determined the day for the election meeting in accordance with the provisions of Article 44 of the Law concerning the Election of the Members of the House of Councillors, forthwith notify the same to the presiding officer of election. Article 21.
The provisions of the preceding three Articles shall apply with the necessary notifications to the branch election meetings or the election meeting for the election of the members of the House of Councillors to be elected from the whole area of the country; provided, however, that "Article 44" mentioned in the last preceding Article shall read "Article 48," in respect to the branch election meeting, and "Article 53," in respect to the election meeting. Article 22.
With respect to the election meeting and the branch election meeting, in addition to the provisions of the Law concerning the Election of the Members of the House of Councillors, the the present Imperial Ordinance and the Order to be issued in pursuance of the said Law, such provisions as relate to the election meeting at the election of the members of the House of Representatives shall apply. Chapter V Candidates for the Office of Member of the House of Councillors
Article 23.
A notice of candidacy for the office of members of the House of Councillors or a notice of recommendation of a candidate shall be filed in writing, shall contain the full name, the political party, the occupation, the address and the date of birth of a person who shall be a candidate for the office of member of the House of Councillors (in the case of a notice of recommendation of a candidate, together with the full name, the address and the date of birth of a person who files such notice of recommendation) and furthermore shall be accompanied by such document as testifies the fact that the deposit contemplated in Article 55, paragraph 1 of the Law concerning the Election of the Members of the House of Councillors has been lodged with the competent authorities. A notice of withdrawing candidacy for the office of member of the House of Councillors shall be filed in writing, and, in case the candidacy is to be withdrawn ten days before the date of election owing to the loss of the right to be voted, the reason therefore shall be stated.
Article 24.
In a case where a notice of candidacy for the office of member of the House of Councillors or a notice of recommendation of a candidate has been filed, the presiding officer shall forthwith notify the full name, the political party, the occupation, the address, the date of birth and other necessary matters of the candidate for the office of member of the House of Councillors to the electoral administrative committee for the members of a city, town or village assembly (it shall be deemed herein to be the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly, in respect to the members of the House of Councillors to be elected from the whole area of the country, and the mayor of a city, town or village in which such a candidate for the office of member of the House of Councillors has his address. The electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall, in a case where the notice contemplated in the preceding paragraph has been received with respect to the member of the House of Councillors to be elected from the whole area of the country, forthwith notify the same to the chief officer of a branch election meeting and the electoral administrative committee for the members of a city, town or village assembly.
The mayor of a city, town or village in which a candidate for the office of member of the House of Councillors has his address shall, in a case where the candidate concerned has died, forthwith notify the presiding officer of election to that effect.
The presiding officer of election shall, in a case where a candidate for the office of member of the House of Councillors has withdrawn from candidacy or the presiding officer of election has come to know that a candidate has died, forthwith notify the electoral administrative committee for the members of a city, town or village assembly (in respect to the members of the House of Councillors to be elected from the whole area of the country, the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a city, town or village assembly) to that effect. In such a case the provisions of paragraph 2 shall apply with the necessary modifications.
In the case of a division for the counting of voters created by uniting the areas of several towns or villages, the notification contemplated in paragraph 1 (in paragraph 2, in respect to members of the House of Councillors to be elected from the whole area of the country and the preceding paragraph shall additionally be made to the superintendent for the counting of votes of the said division.
The electoral administrative committee for the member of a city, town or village assembly shall, in a case where a notice contemplated in paragraph 1, paragraph 2 or paragraph 4 has been received, forthwith notify the same to the superintendents of the poll and the superintendents for the counting of the votes (excluding the superintendent for the counting of votes of a division created by uniting the areas of several towns or villages.)
Article 25.
In a case where a candidate for the office of member of the House of Councillors has withdrawn from candidacy on or before the eleventh day prior to the day of election, in a case where a candidate has died at or before the hour of the day of election at which time the polling stations shall be opened, or in a case where a candidate has withdrawn from candidacy by reason of his having ceased to be qualified for the office of member of the House of Councillors or in a case where the whole of an election has come to be void, a demand for the restitution of the deposit contemplated in Article 55, paragraph 1 of the Law concerning the Election of the Members of the House of Councillors may forthwith be made. In a case where the number of the votes polled by a candidate for the office of member of the House of Councillors does not fall under the provisions of Article 55, paragraph 2 of the Law concerning the Election of the Members of the House of Councillors or in a case where a candidate for the office of member of the House of Councillors is a person who has been subjected to the application of the provisions of Article 58 of the same Law, a demand for the restitution of the deposit contemplated in Article 5, paragraph 1 of the same Law may, immediately after the validity of such an election as concerns such a candidate or of the election of such a person has become conclusive, be made.
Chapter VI Election Campaigns
Article 26.
Such matters prescribed in the provisions of Article 79 of the Law concerning the election of the members of the House of Councillors as concern such receipts in respect of election campaigns and such expenses of election campaigns as relate to such periods prior to the day of election as are specified in the following items shall be reported respectively within the period of time as specified under the respective item. 1.
With respect to the receipts and the expenses prior to the riling of a notice of candidacy, within three days from the day on which such notice of candidacy has been filed; 2.
With respect to such receipts and expenses posterior to the filing of a notice of candidacy as relate to the period from the day on which such notice of candidacy has been filed to the eleventh day prior to the day of election, within three days from the eleventh day abovementioned; With respect to such receipts and expenses posterior to the filing of a notice of candidacy as relate to the period from the tenth day to the fourth day prior to the day of election, within two days from the fourth day abovementioned.
Article 27. With respect to such matters prescribed it the provisions of Article 50 of the aw concerning the Election of the Members of the House of Councillors as concerns such receipts in respect of election campaigns and such expenses of election campaigns as relate to the periods prior to the day of election, the receipts and expenses prior to the day of a public notice or a notice of the day of election shall be reported within ten days from the day on which such public notice or such notice of the day of election has been given, and the receipts and expenses posterior to the day or a public notice or a notice of the day of election shall, at intervals of ten days after the day of such public notice or such notice of the day of election, be counted up for the preceding ten days and shall be reported within five days from the day on which such counting-up is made; provided, however, that with respect to a report in respect of such receipts and expenses as relate to the last period, a report contemplated in Article 29 may take its place.
Article 28. Such matters prescribed in the provisions of Article 79 or 80 of the Law concerning the Election of the Members of the House of Councillors as concern such receipts in respect of election campaigns and such expenses of election campaigns as relate to the period after the day of election has passed shall be settled together with such receipts and expenses as relate to the periods posterior to the day of election and shall be reported within fifteen days from the day of election.
Article 29. If, in a case where two or more elections are held at the same time or are held in succession, it is impossible to demarcate the receipts in respect of election campaigns and the expenses of election campaigns as to which elections such receipts and expenses concern, a report prescribed in the provisions of Article 80 of the Law concerning the Election of the Members of the House of Councillors shall, in respect to such receipts and such expenses as are put together, be made in conformity to the provisions of the preceding two Articles, provided, however, that the period from the day on which a public notice or a notice of the day of election has been given for the first time to the day of the last election shall, with respect to such report, be treated as one whole period of an election.
Article 30. An official announcement prescribed in the provisions of Article 81 of the Law concerning the Election of the Members of the House of Councillors shall be given within three days from the day on which reports prescribed in the preceding four Articles have been accepted, in the Official Gazette in the case of the Home Minister and the Electoral Administrative Committee for the Members of the House of Councillors, and according to the prescribed mode of announcement in the case of the Electoral Administrative Committee for the Members of the Metropolitan Assembly or the Electoral Administrative Committee for the Members of a District or Urban or Rural Prefectural Assembly.
An official announcement contemplated in the preceding paragraph shall, in addition to recourse to the modes of announcement contemplated therein, be given, in the respective areas concerned, in such a way as to render it easy for such official announcement to be widely known among the electors.
The manner of an official announcement prescribed in the provisions of the preceding paragraph shall be specified by the Minister for Home Affairs, the electoral administrative committee for the members of a district or urban or rural prefectural assembly or the electoral administrative committee for the members of the House of Councillors to be elected from the whole area of the country, and shall, immediately after a public notice or a notice of the day of election has been given, be given notice of.
Article 31. The reports prescribed in the provisions of Articles 26 to 29 inclusive shall be in conformity to such form as shall be prescribed by the Minister for Home Affairs.
Article 32. Such necessary matters as relate to a demand for inspection prescribed in the provisions of Article 82, paragraph 2 of the Law concerning the Election of the Members of the House of Councillors and the manner thereof shall be prescribed by the Minister for Home Affairs, the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly or the electoral administrative committee for the members of the House of Councillors to be elected from the whole area of the country, and shall be given notice of, together with a notice prescribed in the provisions of Article 31, paragraph 3.
Article 33. With respect to the receipts in respect of election campaigns, a person responsible for the payment shall keep ledgers and shall enter therein the amount of each receipt (in respect to such benefits as concern a property, the amount of money which shall be obtained by estimating such benefits at the current price), the classification of each receipt, the full name or title and address of each contributor and any other matter necessary for the filing of the notice concerned.
With respect to the settlement of the expenses which have been necessary for preparation for candidacy, the ledgers in respect of the expenses of election campaigns and the entries therein and the collection of such documents as shall prove the payments, such provisions as relate to such matters at the election of the members of the House of Representatives shall apply.
With respect to the handing over of such affairs as relate to the receipts in respect of election campaigns and the expenses of election campaigns, such provisions as relate to the handing over of the affairs relating to the expenses of election campaigns at the election of the members of the House of Representatives shall apply.
Such ledgers and documents as relate to the receipts in respect of election campaigns and the expenses of election campaigns shall, during the term of office of the members of the House of Councillors, be preserved by a person responsible for the payment.
Chapter VII Expenses relating to the Execution of Election
Article 34. Superintendents of the poll, superintendents for the counting of votes, chief officers of Branch election meetings, and presiding officers of election, as well as polling witnesses, counting witnesses, and election witnesses shall be granted such expenses as are necessary for the performance of their duties.
The amount of the expenses contemplated in the preceding paragraph shall be determined by the Home Minister.
Article 35. With respect to the expenses necessary for the public management of the facilities necessary for holding public meetings by using the equipments of schools or other establishments under the provisions of Article 39 (hereinafter referred to as "schools, etc."), the expenses of such public management for one time and only for one time for one candidate for the office of members of the house Councillors shall, for each equipment of a school, etc. which such candidate has used, be charged on the National Treasury.
With the exception of an amount of expense relating to the government school, an amount of expense which shall be charged on the National Treasury in accordance with the provisions of the preceding paragraph shall, upon acting on an amount of expense which has been specified by an administrator of the equipment of a school, etc. (it shall include an amount of expense which has been specified by the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly in lieu of the administrator concerned), be delivered from the National Treasury to the public body concerned or the owner of the school concerned.
Article 36. The expenses necessary for the public management of the facilities necessary for holding public meetings by using the equipments of schools, etc. shall, except in a case where the same shall be charged on the National Treasury in accordance with the provisions of paragraph 1 of the preceding Article, be charged on the applicant for such public management, and the amount paid by such applicant to the administrator of the equipment of a school, etc. shall come to be revenue of the public body concerned or the owner of the school concerned.
Article 37. The expenses necessary for the public management of the facilities necessary for holding public meetings by using the equipments of schools, etc. shall be administered with the finances of the public body concerned or the owner of the school concerned.
Article 38. The expenses enumerated below shall be borne by the National Treasury:
1. Those required for ballot paper and envelopes, certificates and envelopes for special voters, ballot-boxes, and Braille apparatus.
2. Those required for election affairs by the Electoral Administrative Committee for the Member of the House of Councillors to be elected from the whole area of the country, the Electoral Administrative Committee for the Members of the Metropolitan assembly or that for the members of a district or urban or rural prefectural assembly, the Electoral Administrative Committee for a city or town or village assembly, the Presiding Officer of election, the chief officer of a branch election meeting, the superintendent for the counting of votes, or the superintendent of the poll.
3. Those required for the place for an election meeting, the place for a branch election meeting, the station for the counting of votes, or the polling station.
4. Those required by the Superintendent of the Poll, or by the Superintendent of the Special Poll, for election affairs concerning the casting of votes by persons who, under the provisions of Article 28 of the Law concerning the Election of the Members of the House of Councillors, prove that on the day of election they are unable to proceed personally to the polling station to cast their votes; and those required for the place for registering such votes.
5. Those under the provisions of paragraph 1 of Article 34.
6. Those required for the publication of the Careers Bulletin.
7. Those required for public notifications under the provisions of paragraph 4 of Article 90 of the Law concerning the Election of the Members of the House of Councillors.
Chapter VIII The Use of the Equipments of Schools, etc. and the Public Management of the Facilities necessary for the purpose of Holding Public Meetings by the Use thereof
Article 39. With respect to the use of the equipments of schools and other establishments and the public management of the facilities necessary for the purpose of holding the public meetings by the use thereof as prescribed in the provisions of Article 90, paragraphs 1 and 2 of the Law concerning the Election of the Members of the House of Councillors, in addition to the provisions of the present Imperial Ordinance, such provisions as relate to the use of the equipments of public schools, etc. and the public management of the facilities necessary for the purpose of holding the public meetings by the use thereof at the election of the members of the House of Representatives shall apply.
Chapter IX The Publication of Public Bulletins of the Careers of Candidates for the Office of Member of the House of Councillors
Article 40. A document prescribed in the provisions of Article 90, paragraph 3 of the Law concerning the Election of the Members of the House of Councillors (it shall be referred to as "a public bulletin of careers") shall, once in each case where an election (except an election which shall further be held in cases where a part of an election has become void) is held, be published.
Article 41. A public bulletin of careers shall, for each electoral division (with respect to the members of the House of Councillors to be elected from the whole area of the country, throughout the whole areas of all the metropolis, districts and urban and rural prefectures), be published.
With respect to such areas as are placed under special circumstances, the publication of a public bulletin of careers shall be dispensed with.
The areas in which the publication of a public bulletin of careers shall be dispensed with in accordance with the provisions of the preceding paragraph shall be designated by the Minister for Home Affairs.
Article 42. In cases where he intends to have his full name, career, etc. published in a public bulletin of careers, a candidate, for the office of member of the House of Councillors shall, on or before the twentieth day prior to the day of election, file with the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly (with respect to the members of the House of Councillors to be elected from the whole area of the country, the electoral administrative committee for the members of the House of Councillors to be elected from the whole area of the country) an application in writing accompanied by the text which he intends to be published.
The number of the words which shall be contained in such text to be published as is contemplated in the preceding paragraph shall not exceed two hundred.
Article 43. In cases where an application contemplated in paragraph 1 of the preceding Article has been filed with respect to a member of the House of Councillors to be elected from the whole area of the country, the electoral administrative committee for the members of the House of Councillors to be elected from the whole area of the country shall, on or before the tenth day prior to the day of election, send forward two copies of such text to be published (in cases where the number of the words contained in such text to be published exceeds the limit contemplated in paragraph 2 of the same Article, such text as shall be within such limit) to the electoral administrative committee for the members of the metropolitan assembly of the electoral administrative committee for the members of a district or urban or rural prefectural assembly.
Article 44. In cases where an application contemplated in Article 42, paragraph 1 has been filed or a copy of the text contemplated in the preceding Article has been received, the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall publish in a public bulletin of careers the text to be published or a copy of the text as it stands.
In cases where the number of the words contained in the text contemplated in Article 42, paragraph 1 exceeds the limit contemplated in paragraph 3 of the same Article, the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly shall not publish in a public bulletin of careers such portion of the text as exceeds such limit.
Article 45. A public bulletin of careers in respect of the members of the House of Councillors to be elected from the local division of the country and a public bulletin of careers in respect of the members of the House of Councillors to be elected from the whole area of the country shall be published by means of separate sheets of paper.
In cases where the full names, careers, etc. of two or more candidates for the office of member of the House of Councillors to be elected from the local division of the country or for the office of member of the House of Councillors to be elected from the whole area of the country shall be published in one and the same sheet of paper, the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural assembly shall determine the order of publishing in such sheet of paper by the drawing of lots.
Such candidate for the office of member of the House of Councillors as has filed an application contemplated in Article 42, paragraph 1 or his deputy may, as an inspector, be present at the drawing of lots contemplated in the preceding paragraph.
Article 46. Public bulletins of careers shall, in conformity to the designation of the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly, be distributed among the households to which the persons entered in the register of electors of the metropolis, district or urban or rural prefecture belong.
Article 47. If, in accordance with the provisions of Article 58, paragraph 1 of the Law concerning the Election of the Members of the House of Councillors and of Article 69 of the same Law in which the application with the necessary modifications of the abovementioned Article 58, paragraph 1 is prescribed, it has come to be unnecessary to take the poll, the proceeding of the publication of a public bulletin of careers shall be suspended.
Article 48. In cases where, on account of an act of God or any other unavoidable accident, the sending-forward of a copy of the text to be published has not been effected until after the fixed time prescribed in Article 43, paragraph 1 or in case where there exists any other special circumstance, the publication of such public bulletin of careers in the whole area or a part of the area of the metropolis, district or urban or rural prefecture concerned as relate to such events mentioned above shall be suspended.
Article 49. In addition to the provisions of the present Chapter, any matter necessary in connection with the proceeding for the publication of a public bulletin of careers shall be provided by the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly (with respect to the members of the House of Councillors to be elected from the whole area of the country, the electoral administrative committee for the members of the House of Councillors to be elected from the whole area of the country).
Chapter X The posting of the Full Names, etc. of Candidates for the Office of Member of the House of Councillors
Article 50. The posting of the full names, etc. of candidates for the office of member of the House of Councillors prescribed in Article 90, paragraph 4 of the Law concerning the Election of the Members of the House of Councillors (it shall hereinafter referred as "the posting") shall, upon choosing the entrance of polling station or any other place easy for the public to see, be effected at one or more places for each polling division.
Article 51. The matters to be entered on the posting shall be restricted to the full names and the political parties of candidates for the office of member of the House of Councillors.
Article 52. The posting shall be effected from the tenth day prior to the day of election to the day on which an election is held.
The posting shall be effected separately in respect of members to be locally elected and of those to be elected from the whole area of the country.
The order of entries on the posting shall, with respect to the candidates for the office of member of the House of Councillors to whom the notices prescribed in the provisions of Article 24, paragraph 1 or 2 have been given on or before the eleventh day prior to the day of election, be determined by the drawing of lots by the electoral administrative committee for the members of a city, town or village assembly, and shall, with respect to the candidates for the office of member of the House of Councillors to whom the notices prescribed in the provisions of Article 24, paragraph 1 or 2 have been given on or after the tenth day prior to the day of election, act upon the order of arrival of such notices and be determined by the drawing of lots in cases where such notices have arrived at the same time.
A candidate for the office of member of the House of Councillors or his deputy may, as an inspector, be present at the drawing of lots contemplated in the preceding paragraph.
Article 53. If it has, after it has effected the posting, received a notice prescribed in the provisions of Article 24, paragraph 4, the electoral administrative committee for the members of a city, town or village assembly shall strike out such parts in the posting as relate to such candidate for the office of member of the House of Councillors as concerns that notice.
Article 54. In addition to the provisions of the present Chapter, any matter necessary for the posting shall be provided by the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly.
Chapter XI The Execution of Elections in a Case Where The Alterations of the Boundaries of Cities, Towns or Village Have Been Effected
Article 55. In the case of an election contemplated in Article 62 or Article 68 or Article 71 of the Law concerning the Election of the Members of the House of Councillors which shall be held in a city, town or village the boundary of which has been altered with the result of affecting the boundaries of metropolis, districts or urban or rural prefectures, the area of a polling division or a division for the counting of the votes contemplated in Article 2 of the same Law shall be the same as the area of the polling division or the division for the counting of the votes upon which the latest ordinary election has acted, and if there exist two or more electoral administrative committees for the members of city, town or village assemblies concerned, the electoral administrative committee for the members of a city, town or village assembly which shall administer the affairs of the election shall be the one which has been designated from among those committees by the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of an urban or rural prefectural assembly.
The electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of an urban or rural prefecture which shall administer the affairs relating to the election contemplated in the preceding paragraph shall be the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of the district or urban or rural prefectural assembly of the metropolis or urban or rural prefecture under the jurisdiction of which the area subjected to such alteration was at the latest ordinary election.
Article 56. In a case where an election contemplated in the last preceding Article shall be held, such electoral administrative committees for the members of city, town or village assemblies as have been subjected to such alteration shall, before such election, send forward to the superintendents of the poll such portions of the registers of electors as relate to the areas which have been subjected to alteration on account of the alteration of the boundary of the city, town or village.
Article 57. Such matters relating to the expenses in respect of an election contemplated in Article 55 as are difficult to act upon the provisions of Articles 35 to 37 inclusive shall be provided by the Minister for Home Affairs.
Article 58. In cases where the alteration of the boundary of a city, town or village has, in any of the following events, been effected with the result of affecting the boundaries of the areas in which an election or a poll shall be held, the provisions of the preceding three Articles shall apply with the necessary modifications to such election or such poll.
1. In a case where a part of an election has come to be void and an election shall further be held (except in a case where the alteration of the boundary of a city, town or village has affected the boundaries of the metropolis or urban or rural prefectures);
2. In a case where a poll contemplated in Article 26 of the Law concerning the Election of the Members of the House of Councillors shall be held.
Chapter XII Supplementary Provision
Article 59. The provisions of Article 91 of the Law concerning the Election of the Members of the House of Councillors shall, in so far as the application of the present Imperial Ordinance is concerned, apply with the necessary modifications.
Additional Provisions
Article 1. The present Imperial Ordinance shall come into force as from the day of the enforcement of the Law concerning the Election of the Members of the House of Councillors.
Article 2. In case the Electoral Administrative Committee for the Members of the House of Councillors to be elected from the whole area of the country is to be convened for the first time, the duties of the Electoral Administrative Committee's Chairman, as provided for in Article 2, shall be performed by the Home Minister.
"The president of the House of Councillors" or "the members of the House of Councillors" mentioned in Article 3, paragraph 2 shall, until after the House of Councillors has been formed, read "the speaker of the House of Representatives" or "the members of the House of Representatives."
Article 3. With respect to the poll to be effected by a person who shall, in accordance with the provisions of Article 28 of the Law concerning the Election of the Members of the House of Councillors, testify that he is unable to go in person to the polling station and cast a ballot on the fixed day of an election, the superintendent of the special poll for the time being shall, notwithstanding the provisions of Article 10, cause a person who has the right to vote at the election of the members of the House of Councillors to be present at such poll as an inspector.
Article 4. For the time being, in the case of Article 39, notwithstanding the provisions of the same Article such gubernatorial powers as relate to the use of the equipments of schools and other establishments and the public management of the facilities necessary for the purpose of holding public meetings by the use thereof shall, with the exception of the gubernatorial powers of a governor as an administrator of a school which is a metropolitan, district, or urban or rural prefectural establishment, be performed by the electoral administrative committee for the members of the metropolitan assembly or the electoral administrative committee for the members of a district or urban or rural prefectural assembly, and in the case of a school which is a national government establishment, the powers of such administrator shall be performed by the president of such school which is a national governmental establishment.
Article 5. A part of the Imperial Ordinance concerning the Enforcement of the Election of the Members of the House of Representatives Law shall be amended as follows:
Article 14. A ballot-box shall have on its lid two or more locks which are different from each other and shall be made as strong as possible.
In Article 15, "shall lock the inner lid after he has shown" shall read "shall show."
In Article 22, "slit for ballots of the inner lid and the outside" shall be deleted, and "the key for its inner lid" and "the key for the outside lid" shall read "one key" and "the other key" respectively.