Law for the Regulation of Political Contributions and Expenditures
法令番号: 法律第194号
公布年月日: 昭和23年7月29日
法令の形式: 法律

審議経過

I hereby promulgate the Law for the Regulation of Political Contributions and Expenditures.
Signed:HIROHITO, Seal of the Emperor
This twenty-ninth day of the seventh month of the twenty-third year of Shown (July 29, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.194
Index Law for the Regulation of Political Contributions and Expenditures
Chapter I. General Provisions
Chapter II. Political Party, Association and Other Organization
Chapter III. Candidate for Public Office
Chapter IV. Person Other than Political Party, Association, Other Organization and Candidate for Public Office
Chapter V. Publication of Reports
Chapter VI. Restrictions concerning Contributions
Chapter VII, Penal Provisions
Chapter VIII. Additional Provisions
Supplementary Provisions
Law for the Regulation of Political Contributions and Expenditures
Chapter I. General Provisions
Article 1.　The present Law aims at the sound development of democratic government, by clearing up political activities of political party, association and other organization and candidate for public office, etc. and by securing justice in election.
Article 2.　The term "election" as used in this Law shall mean the election under the Law for the Election of the Members of the House of Representatives, the Law for the Election of the Members of the House of Councillors and the Local Autonomy Law.
Article 3.　The term "political party" as used in this Law shall mean any organization which makes it its primary purpose, to promote, support or oppose a political principle or policy, or to recommend, support or oppose a candidate for public office.
The term "association and other organization" as used in this Law shall mean organizations other than political parities which have the purpose of supporting or opposing a political principle or policy, or recommending supporting or oppositing a a candidate for public office.
Article 4.　The term "candidate for public office" as used in this Law shall mean an individual who has declared himself or been recommended as a candidate in the election under the provisions of Article 2 in accordance with the laws mentioned in the aforesaid Article.
Article 5.　The term "income" as used in this Law shall mean receipt of money, goods and other property interests as well as acceptance or promise of receipt of the same.
The term "contribution" as used in this Law shall mean offer or delivery of money, goods and other property interests as well as promise of offer or delivery of the same, other than those made as party fee, membership fee or discharge or liabilities.
The term "payment" as used in this Law shall mean offer or delivery of money, goods and other property interests as well as promise of offer or delivery of the same.
Chapter II. Political Party, Association and Other Organization
Article 6.　The political party, association or other organization shall have a chairman or chief manager and a treasurer, and report the same in writing to the Election Management Commission concerned, according to the following classification, their names, addresses, dates of birth and dates of appointment as well as the address of the main office of the political party, association and other organization, within seven (7) days from the day of its establishment or from the day when it comes to have the purpose prescribed in Article 3:
1.　As to the political party, association or other organization, which has the purpose as provided for by Article 3, within the boundary of a city, town or village, the Election Management Commission of the city, town or village wherein its main office is located.
2.　As to the political party, association or other organization, which has the purpose as provided for by Article 3 over the boundary of more than one city, town or village within the same To, Do, Fu or Ken or outside the boundary of a city, town or village wherein its main office is located, the Prefectural Election Management Commission through the Election Management Commission of the city, town or village wherein its main office is located.
3.　As to the political party, association or other organization, which has the purpose as provided for by Article 3 over the boundary of more than one To, Do, Fu or Ken, or outside the boundary of To, Do, Fu or Ken, wherein its main office is located, the National Election Management Commission through the Election Management Commission of To, Do, Fu or Ken wherein its main office is located.
The political party, association or other organization shall previously designate a person who shall perform the duties of a treasurer in the latter's incapacity or absence, and report the same simultaneously with the report under the preceding paragraph in the similar manner as prescribed in the aforesaid paragraph.
Article 7.　The political party, association or other organization shall report any change in the matters reported in accordance with the preceding Article, within seven (7) days from the day of such changes in the similar manner as prescribed in the preceding Article.
Article 8.　No contribution shall be accepted or payment made, in whatever name, by the political party, association or other organization, for the purpose of recommendation, support or opposition of candidate for public office or for other political activities, until report is made in accordance with the provisions of Article 6 or of the preceding Article; provided that, in case of absense of treasurer, if there is a person reported in accordance with the provisions of Article 6, Paragraph 2 or of the preceding Article to perform the duties of treasurer, the foregoing provisions shall not apply.
Article 9.　The treasurer of a political party, association or other organization shall keep an account-book and enter therein the matters mentioned in the following items:
1.　In case of a political party, all contributions and other incomes, and in case of an association or other organization, all contributions (including contributions made for such political party, association or other organization with the knowledge of its chairman or chief manager or treasurer).
2.　The name, address (in case of an organization its name, address of main office and the name and address of its representative, the same shall apply hereinafter) and occupation of all persons making contributions as mentioned in the preceding item, as well as the amount (in case of property interests other than money, their current value, the same shall apply hereinafter) and the date thereof.
3.　All payments made by a political party, association or other organization (including payments made with the knowledge of its chairman or chief manager or treasurer on behalf of the political party, association and other organization).
4.　The name, address and occupation of all persons to whom such payments mentioned in the preceding item have been made, as well as the object, amount and date of such payments.
The National Election Management Commission shall prescribe the kind and form of the account-book mentioned in the preceding paragraph and publish them in the Official Gazette.
Article 10.　Any person who accepts contributions or makes payments with the knowledge of the chairman, of chief manager or treasurer of a political party, association or other organization for or on behalf of the said political party, association and other organization, shall submit to its treasurer a detailed statement including the name, address and occupation of contributer or receiver of such payment and the amount of contribution or payment, object of payment and date thereof within seven (7) days after the receipt of contribution or the defrayal of payment. It shall, however, be submitted immediately upon the request of its treasurer.
Article 11.　The treasurer of a political party, association or other organization or the person who made payment with the knowledge of the chairman, chief manager or the treasurer of a political party, association or other organization on behalf of such political party, association or other organization, shall collect and keep receipt or voucher for any payment exceeding one thousand (1,000) yen except the case where there are the circumstances which render such collection impossible.
The person who made payment exceeding one thousand (1,000) yen with the knowledge of the chairman, chief manager or the treasurer of the political party, association or other organization on behalf of such political party, association or other organization shall send the receipt or voucher under the preceding paragraph to the treasurer immediately.
Article 12.　The treasurer of a political party, association or other organization shall render a statement as of April 30, August 31 and December 31 each year, within the (10) days from the next day of the aforesaid dates, containing the particulars mentioned in the following items to the Election Management Commission concerned in accordance with the classification under each item of Article 6, Paragraph 1:
1.　In case of a political party, all contributions and other in come, and in case of an association or other organization, all contributions (including contribution made with the knowledge of the chairman, chief manager or the treasurer of the political party, association or other organization on behalf of such organization).
2.　Concerning the afore said contributions which were made by a political party, association or other organization and exceed one thousand (1,000) yen in amount (in case contributions were made several times, their aggregate amount), and the contributions which were made by one other than a political party, association other organization and exceed five hundred (500) yen the name, address and occupation of the person making such contribution, the amount and date, thereof.
3.　All the payments of a political party, association or other organization (including the payments made with the knowledge of the chairman, chief manager or the treasurer of a political party, association or other organization on behalf of such organization).
4.　Concerning the aforesaid payments which were made by a political party, association or other organization, and exceed one thousand (1,000) yea in amount (in care contributions were made several times their aggregate amount), and the payments which were made by one other than a political party, association or other organization, and exceed five hundred (500) yen, the name, address and occupation of the person to whom such payments were made, and the object and date thereof.
The statement mentioned in the preceding paragraph shall show all contributions and other income as well as the payment received or made since January 1 with the aggregate.
The National Election Management Commission shall prescribe the form of the statement under Paragraph 1 and publish the same in the Official Gazette.
Article 13.　The treasurer of the political party, association or other organization shall submit, concerning the matters relative to the contributions and payments received or made in connection with the election, to the Election Management Commission concerned a statement showing the matters prescribed in each item of Paragraph 1 of the preceding Article in accordance with the provisions prescribed in the following items:
1.　Among the contributions and other income as well as payments received or made in connection with the election of the candidate for public office prior to the date of such election, those received or made before the day of announcement or notice of the date of such election together with those received or made after the announcement or notice of the date of election and seven (7) days before the date of election, by five (5) days before the date of election.
2.　As to the contributions and other income as well as the payments received or made in connection with the election of the candidate for public office, during the period six (6) days before the date of such election up to the date of such election as well as after the date of such election, together with the settlement of account of the contributions and other income as well as the payments received or made before seven (7) days prior to the date of election, within fifteen (15) days after the date of election.
3.　As to the contributions and other income as well as the payments received or made in connection with the election after the statement under the preceding item was filed, within seven (7) days from the day such contributions and other income as well as payments were received or made.
In case of the election under the provisions of Article 65, Paragraph 1 of the Local Autonomy Law, the contributions and other income as well as the payments received or made in connection with the election shall be regarded as contributions and other income as well as payments received or made in connection with the campaign after the election day of the chief of the local public entity which came to require the said election, and the provisions of items 2 and 3 of the preceding paragraph shall apply to them;provided that the report shall be submitted within fifteen (15) days from the date of election under the provisions of the aforesaid Article.
Articles 14.　In case where two or more elections are held simultaneously or in rapid succession and the contributions and other income as well as payments are difficult to decide for which elections they were intended, the statement prescribed in Paragraph 1 of the preceding Article shall contain all such contributions and payments.
For the purpose of the filing of the statement prescribed in the preceding paragraph, the period of election shall be the period from the day the first announcement or notice of the date of such election was made to the day of the last election.
Article 15.　In case a change is made in the treasurers of political party, association or other organization, the retiring treasurer shall hand over his duties to his successor within fifteen (15) days from the day of former's retirement.
In case the retiring treasurer can not transfer his duties or his successor can not take over the former's duties, the person who performs the duties of the treasurer under Article 6, Paragraph 2 shall transfer or take over the duties. When it becomes possible to transfer the duties to the successor after the person who performs the duties of treasurer took over the duties, the latter shall immediately transfer the duties to the successor.
When the transfer of duties is made in accordance with the provisions of the preceding two paragraphs, the person who transfers the duties shall make a statement of transference in the similar manner as prescribed in Articles 12 and 13, write the fact of transference and the date thereof, sign and set seal on the statement with the person who takes over the duties, and hand over the statement together with cash, accountbook and other documents.
Article 16.　The treasurer of a political party, association or other organization shall preserve account-book, detailed statements as well as the receipts or other voucher for payment for a period of two years after the day when the statements prescribed in Article 12 or 13 were filed.
Article 17.　In case a political party is dissolved or a political party, an association or other organization has ceased to have the object prescribed in Article 3, its chairman, chief manager and treasurer shall report the fact and the date within fifteen (15) days from such date, together with the statement of contributions and other income as well as the payments as of the day of dissolution or the day when it ceased to have the object prescribed in Article 3 in the similar manner as under Article 12 to the Election Management Commission concerned.
Article 18.　Among the provisions in this Chapter, those concerning political party shall apply with necessary modifications to its local chapters, and those concerning association and other organization shall apply with necessary modifications to its branches.
Chapter III. Candidate for Public Office
Article 19.　A candidate for public office shall appoint a person who shall assume the responsibility for payments of expenses for election campaign (herinafter to be called the accountant). However, this shall not preclude the candidate to assume such responsibility on himself or the recommender (in case where these are more than one recommender, their representative) to appoint, or himself to act as the accountant with the consent of the candidate.
The person who has appointed the accountant shall fix the highest amount of money which the accountant may defray in a written statement, sign and set seal upon it together with the treasurer.
The person who has appointed the accountant (including the candidate or the recommender who has become the accountant himself) shall forthwith render a written report to the Election Management Commission concerned stating the name, address, occupation, age and date of such appointment along with the name of the candidate.
The recommender, who has appointed the accountant, in filing the report mentioned in the preceding paragraph shall attach there to a document proving the candidate's consent to such appointment (in case where there are more than one recommender, also a document to prove his representative capacity).
Article 20.　A candidate may remove the accountant by a written notice. The same shall apply to the recommender who appointed the accountant, when the consent of the candidate was obtained for such measure.
The accountant may resign his post by notifying the candidate and the appointer in writing.
Article 21.　The person who appointed the accountant shall report any change in the appointment, after the manner prescribed in Article 19, Paragraph 3 and Paragraph 4.
The report of removal or resignation prescribed in the preceding paragraph shall be accompanied by a document proving the fact that the notice provided for in the preceding Article hsa been given. In case where the accountant is removed from his post by the recommender, the report must be accompanied additionally by a document proving the candidate's consent.
Article 22.　In case where the accountant is prevented from executing his duties or absent, the person who appointed him shall take his place, should the recommender who appointed the accountant be also unable to take the accountant's place, the candidate shall attend to the duties of the accountant (the same applies to the case with the recommender who has become the accountant).
The person who executes the duties of the accountant in accordance with the provision of the preceding paragraph shall report the fact in writing in the similar manner as prescribed in Article 19, Parapraph 3 and Paragraph 4.
The report mentioned in the preceding paragraph must show the name (also the name of the recommender who appointed the accountant, if he, too, is prevented or absent), the circumstances which prevented the execution of the duties or of vacancy and the date on which the execution of the duties of the accountant by proxy was commenced. Where the person who acts in place of the accountant ceases to do so, the fact and the date thereof shall be reported in writing.
Article 23.　The accountant (including the person who acts in his place) shall not, until after the report prescribed in Article 19, Paragraph 3 and Paragraph 4, Article 21 or Paragraphs 2 and 3 of the preceding Article, receive contributions or make payment for the candidate, in whatever name, for the recommendation, support or opposition and other campaigns for the candidate of public office. The same shall apply in the case where the candidate or the recommender of public office receives contributions.
Article 24.　The accountant shall keep the account-book and enter therein the matters in each following item:
1.　All contributions and other income in connection with the election campaign (including contributions made for the candidate with the knowledge of the candidate or the accountant).
2.　The name, address and occupation of the person who made contributions prescribed in the preceding item as well as the amount and date of such contributions.
3.　All payments made in connection with the election campaign (including payments made for the candidate with the knowledge of the candidate or the accountant).
4.　The name, address and occupation of the person who received the payments prescribed in the preceding item as well as the object, amount and date of such payments.
The provisions of Article 9, Paragraph 2 shall apply with necessary modifications to the account-books prescribed in the preceding paragraph.
Article 25.　Any person other than the accountant who has received any contribution on behalf of the candidate in connection with the election campaign shall present to the accountant within seven (7) days of the receipt of such contribution a detailed statement showing the name, address and occupation of the contributer as well as the amount and date thereof. He shall, however, present it immediately on demand of the accountant.
With respect to any contribution received by such candidate before filing his candidacy, he shall present to the accountant the detailed statement thereof immediately after filing his candidacy.
Article 26.　With the exception of initial expenses necessary for the preparation for candidacy as well as expenses necessary for conducting election campaign by letters of recommendation written by recommender's own hands or by telephone without the knowledge of such candidate or of the accountant, all payments for an election campaign shall not be made by any person other than the accountant (including the person who executes the accountant's duty in the latter's place). This, however, shall not apply to the persons who have obtained a written consent of the accountant for such payments.
With respect to the initial expenses for the preparation for candidacy paid by the candidate or any person who has become the accountant, or by any other person acting with the knowledge of such person as specified above, the accountant shall, immediately after assuming his post, settle accounts with such candidate or with the person who has made such payments.
Article 27.　The accountant or any person who has made payments with the knowledge of the candidate or the accountant on behalf of the latter shall collect receipts and other youchers of any payments made in connection with the election campaign. This shall, however, not apply in case there are circumstances which prevent such collection.
The person who made payments with the knowledge of the candidate or the accountant on behalf of the latter shall immediately send such receipts and vouchers to the accountant.
Article 28.　The accountant shall file a statement showing the matters prescribed in each item of Article 24, Paragraph 1 concerning the contributions and other income as well as the payments received or made in connection with the election campaign of the candidate to the Election Management Commission concerned.
The provisions in Article 13 shall apply with necessary modifications to the report in the preceding paragraph.
Article 29.　When the accountant either resigns his post or is removed, he shall immediately prepare a statement of the contributions and other income received and the payments made with respect to the election campaign for the candidate of public office and hand it over to the new accountant, or the person who acts for the accountant. The above shall also apply to the case where a new accountant is appointed after the person who is not the accountant took over the duties of an accountant.
In case the handing over of duties is made in accordance with the provisions of the preceding paragraph, the person who hands over the duties shall make a statement in the similar manner as prescribed in the preceding Article showing the fact and date of such transference, to be signed and set seal by both the person who hands over and the person who takes over the duties. It shall be handed over together with cash, account-book and other documents.
Article 30.　The accountant shall preserve the account-book, detailed statement and receipts and vouchers of payments for a period of two years from the day the report prescribed in Article 28 was filed.
Chapter IV. Person Other than Political Party, Assosiation, Other Organization and Candidate for Public Office
Article 31.　In case any person other than a political party, association, other organization, and its branch as well as the candidate for public office, has made a payment more than two thousand, five hundred (2,500) yen at one time, (in case such payments were made in instalment, their aggregate amount) directly or indirectly under a name other than that of the person in connection with the election of the candidate for public office for the sake of the political party, association, other organization or its branch, he shall file a report stating the following each item within ten (10) days with the Election Management Commission having the control over the business matter concerning such election. However, this shall not apply to the case where the written report is to be made by the treasurer, in accordance with the provisions of Article 13.
1.　All expenditures.
2.　The name, address and occupation of those who received the payment provided for in the preceding item, and the purpose of expenses, sum and date thereof.
Article 32.　In case a person who holds a public office (including those who hold elective positions in the public services) made contributions in connection with the election for a candidate for public office, he shall file within ten (10) days reckoning the date of contributions a written report stating his name, occupation and the name of office to which he belongs as well as the amount of the contribution, date and the name of the person (or the organization) to whom such contributions were made with the Election Management Commission having the control over the business matter of the election concerned.
In case of the preceding paragraph, if the contributions were made for a political party, association or other organization, its treasurer, and if they were made for a candidate for public office, his accountant shall file a written report in accordance with the provisions prescribed in Article 13 or Article 28 stating in it the items of the aforesaid paragraph with the Election, Management Commission having the controlover the business matter of the election concerned, notwithstanding the amount of contribution.
Chapter V. Publication of Reports
Article 33.　On acceptance of the reports prepared in accordance with the provisions of Articles 12 to 14 inclusive, Article 17, or of Article 18, Article 28, Article 31, the preceding Article or Paragraph 2, Article 35 in which these Articles are applicable with necessary modifications, the Election Management Commission concerned shall announce their substance publicly according to the manner prescribed by the National Election Management Commission.
The public announcement prescribed in the preceding paragraph shall be made by the Official Gazette in the case of the National Election Management Commission and the Election Management Commission for the Members of the House of Councillors from the Nationwide Constituency, by the official bulletin in the case of the Election Management Commissions of Metropolis, Hokkaido and prefectures, and in the case of the Election Management Commissions of cities, towns and villages in a way convenient for dissemination that was fixed previously by notification.
Article 34.　The reports prepared in accordance with the provisions of Articles 12 to 14 inclusive, Article 17, or Article 18, Article 28, Article 31, Article 32 or Paragraph 2, Article 35 in which these Articles are applicable with necessary modifications shall be kept for two years (2 years) by the Election Management Commissions which have accepted them from the date of their receipt.
During the period specified in the preceding paragraph any person shall be at liberty to inspect the reports, according to the manner prescribed by the National Election Management Commission, the Election Management Commission for the Members of the House of Councillors from the Nationwide Constituency or the Election Management Commissions of Metropolis, Hokkaido and prefectures or cities, towns and villages.
Chapter VI. Restrictions concerning Contributions
Article 35.　No person given in, the following items shall make contributions in connection with elections;provided that this shall not apply to the case where a person referred to in Item 1 may make a contribution to the political party, association or other organization or the chapter thereof which he belongs to, and to a person who resides outside the area concerned with a particular election:
1.　A candidate for the election for public office.
2.　A party of a contract for work or of other agreement attended with special profits made with the State, in case of the election under the Law for Election of the Members of the House of Representatives or the Law for Election of the Members of the House of Councillors or with the local public entity concerned, in case of the election under the Local Autonomy Law.
3.　A person, prescribed in the Memorundum mentioned in Article 3 of the Imperial Ordinance No.1 of 1947.
The candidate referred to in Item 1 of the preceding paragraph shall submit the written report on the contributions made by him during the period of 1 year previous to the day of announcement or notice of the date of election stating the name of the person who received the contribution (if a body, the name of it), the amount of the sum, and the dated thereof to the Election Management Commission administrating the business matters concerning the election concerned.
Article 36.　Any person shall not canvass or ask for a contribution in connection with elections from the persons referred to in the items of the first paragraph of the preceding Article.
Any person shall not receive contributions in connection with elections from the persons given in the items of the first paragraph of the preceding Article, and from a foreign national or a foreign corporation or organization.
Article 37.　No person shall make a contribution in connection with any election anonymously or under any name other than his full legal name together with his legal address or through a third person.
No person shall receive such a contribution such as prescribed in the preceding paragraph.
In case any contribution is made in violation of the provisions of Paragraph 1, the ownership of the money or property thus contributed shall be deemed to revert to the National Treasury and the person in custody of these shall take the procedure to deliver the same to the National Treasury.
Chapter VII. Penal Provisions
Article 38.　If any political party, association or other organization or their branches accepts a contribution or makes an expenditure in contravention of the provisions of Article 8 or of Article 18, in which Article 8 is applicable with necessary modifications, the said political party, association or other organization or their branches concerned shall be fined not less than five thousand (5,000) yen and not more than one hundred thousand (100,000) yen.
In the case of the preceding paragraph, the chairman, chief manager or other responsible person of the organization or its branch may also be imprisoned not more than 5 years, or be fined not less than five thousand (5,000) yen and not more than one hundred thousand (100,000) yen.
Article 39.　Any person who conducts any of the actions enumerated i n the following items shall be imprisoned not more than 3 years or be fined not less than one thousand (1,000) yen and not more than fifty thousand (50,000) yen;provided that the fine to be imposed to any person who is guilty of making false entry or statement, or presenting false documents under Item 1 to Item 3 inclusive, Item 5, Item 9 and Item 10, shall be not less than five thousand (5,000) yen and not more than fifty thousand (50,000) yen.
1.　Any person who does not keep accountbooks, who omits to enter in the accountbooks, or who makes false entry therein in violation of the provisions of Article 9 or of Article 18 or Article 24 in which Article 9 is applicable with necessary modifications.
2.　Any person who neglects to submit detailed statements or who makes false entry therein in contravention of the provisions of Article 10 or of Article 18 or Article 25 in which Article 10 is applicable with necessary modifications.
3.　Any person who does not call for receipts or other documents proving expenditures made or who makes false entry therein in contravention of the provisions of Article 11, or of Article 18 or Article 27 in which Article 11 is applicable with necessary modifications.
4.　Any person who does not preserve account-books, detailed statements or receipts or other documents proving expenditures in contravention of the provisions of Article 16 or of Article 18 or Article 30 in which Article 16 is applicable with necessary modifications.
5.　Any person who makes false entry into account-books, detailed statements or receipts or other documents proving expenditures required to be preserved in accordance with the provisions of Article 16, or of Article 18 or Article 30 in which Article 16 is applicable with necessary modifications.
6.　Any person who does not hand over the duties in accordance with the provisions of Article 15 or of Article 29.
7.　Any person who accepts a contribution or makes an outlay in contravention of the provisions of Article 23.
8.　Any person who makes an outlay in contravention of the provisions of Paragraph 1, Article 26.
9.　Any person who neglects to submit reports or who makes false entry therein in contravention of the provisions of Article 31, Paragraph 1 of Article 32 or Paragraph 2 of Article 35.
10.　Any person who refuses to submit the report or materials as prescribed in Article 52 or submits a false report or materials.
Article 40.　Any person who neglects to submit reports or who makes false entry therein in contravention of the provisions of Articles 12 to 14 inclusive or Article 17, or of Article 18 or Article 28, or Paragraph 2, Article 32 in which these Articles are applicable with necessary modifications, shall be imprisoned not more than 5 years or be fined not less than five thousand (5,000) yen and not more than one hundred thousand (100,000) yen.
In the case of the preceding paragraph, the chairman or the chief manager of a political party, association or other organization or their branch who neglects appropriate cares in regard to the appointment and supervision of the treasurer of such organization or its branch may also be fined not less than one thousand (1,000) yen and not more than fifty thousand (50,000) yen.
Article 41.　In case any person who is given in Items 1 and 2 of the first paragraph of Article 35, makes a contribution in violation of the provisions of the said Article, he shall be punishable with imprisonment for not more than three (3) years or a fine of not less than five thousand (5,000) yen and not more than fifty thousand (50,000) yen. Any person who made contributions in violation of Paragraph 1, Article 37 shall be treated in the same manner.
In case any person who is given in Item 3, of the first paragraph of Article 35, makes a contribution in violation of the provisions of the said Article, he shall be punishable with imprisonment of not less than six (6) months, and not more than three (3) years.
Article 42.　Any person who canvasses or requestes the contribution in violation of the provisions of Paragraph 1, Article 36 or receives the contribution in violation of Paragraph 2 of the said Article or Paragraph 2, Article 37 shall be imprisoned not more than three (3) years, or be fined not less than five thousand (5,000) yen and not more than fifty thousand (50,000) yen.
In case any political party, association or other organization or their branch accepts a contribution in violation of the provisions of Paragraph 2, Article 36, or Paragraph 2, Article 37, such political party, association or other organization or their branch shall be fined not less than five thousand (5,000) yen and not more than fifty thousand (50,000) yen.
In the case of the preceding paragraph, the chairman, chief manager or other responsible person of the organization of the said paragraph or its branch may be imprisoned not more than three (3) years, or be fined not less than five thousand (50,000) yen and not more than fifty thousand (50,000) yen.
Article 43.　A person who commits crimes in Article 39, Paragraph 1, Article 40, Paragraph 1, Article 41 and Paragraph 1 of the preceding Article, may, according to circumstances, be also imprisoned and fined simultaneously.
A person who by grave negligence commits crimes in Article 39, Paragraph 1, Article 40, Paragraph 1, Article 41 and Paragraph 1 of the preceding Article shall be also punished, provided that the court may, according to circumstances, extenuate the penalty.
Article 44.　In case an elected person has been sentenced in accordance with the provisions of Article 38, Paragraph 2, Article 39 or Article 40 to a punishment on the charge of violation of the provisions of Article 8, Article 13, or of Article 18 or Article 23 or Article 28, in which these Articles are applicable with necessary modifications, this election shall be null and void.
Article 45.　If the treasurer of a political party, association or other organization or their branch, and the accountant of a candidate for a public office, has neglected to submit the written report as prescribed in the provisions of Article 13, or of Article 18 or Article 28, in which Article 13 is applicable with necessary modifications, or has made false entry therein for the purpose of making a candidate for a public office be elected and has been sentenced therefore to punishment by the provisions of Article 40, the election of such candidate shall be null and void.
When the procurator deems that the case fallen under the crime as prescribed in Article 40 comes under the provisions of the preceding paragraph, he shall bring a lawsuit against the said elected person in parallel with the original criminal action.
Article 46.　The provisions of Paragraphs 2 and 3, Article 86, and Article 141-(2) of the Election Law of the Members of the House of Representatives shall apply to the action mentioned in Paragraph 2 of the preceding Article, and the provisions of Article 143 of the said Law shall similarly apply with necessary modifications to the case where the person mentioned in Paragraph 1 of the preceding Article or Article 44 has been sentenced to punishment;provided that the notification or sending as prescribed in Paragraph 2 or 3, Article 86 or Article 143 of the said Law shall be addressed to the National Election Management Commission and the Election Management Commission of the Nationwide Constituency Members of the House of Councillors or the National Election Management Commission and the President of the House of Councillors in case of the nationwide constituency members of the House of Councillors, and to the National Election Management Commission and the President of the House of Councillors in case of the members elected at the local constituency of the House.
Article 47.　Any person shall have neither the right to vote nor the right to be elected at the election, to which the present Law applies, for five (5) years after the decision of trial has been fixed in the case where he has been sentenced to punishment of fine on conviction of such offences as prescribed in Articles 39 to 42 inclusive, or during the time until he shall have undergone the execution of punishment after the decision of trial has been fixed or until he has been exempted from the execution of such punishment, except for the case where the exemption has been made by prescription, and for five (5) years more thereafter in the case where he has been sentenced to imprisonment or heavier punishment;provided, in case probation has been sentenced, such period shall be from the day of the court decision to the day on which he shall have not to be required to undergo the execution of punishment any more.
The court may, under the extenuating circumstances, sentence not to apply the provisions prescribed in the preceding paragraph that any person shall have neither the right to vote nor the right to be elected or to reduce such period, to the person prescribed in the same paragraph, at the time of the sentence of the original punishment.
Article 48.　The crime prescribed in the present Chapter shall be expired by prescription due to the expiration of two (2) years.
Chapter VIII. Additional Provisions
Article 49.　The report to be filed by the treasurer of a political party, association or other organization, the accountant of a candidate for public office or other person under Articles 12 to 14 inclusive, Article 17, or under Article 18 in which the aforesaid Articles are applicable with necessary modifications, or Articles 28, 31, 32 or Paragraph 2, Article 35 shall be accompanied by an affidavit swearing the authenticity of the statement written in such report.
Article 50.　The documents to be filed under Articles 6, 7, or under Article 18 in which the aforesaid Articles apply with necessary modifications or Article 19, Paragraphs 3 and 4, Article 21 or Article 22, Paragraphs 2 and 3 and the reports under Articles 12 to 14 inclusive, Article 17, or under Article 18 in which the aforesaid Articles are applicable with necessary modifications, or Articles 28, 31, 32 or Article 35, Paragraph 2 shall be deemed to have duly been filed when they were deposited with a post office by registered mail.
Article 51.　In case it is considered necessary to execute this Law, the National Election Management Commission may direct and supervise the Election Management Commission for Members of the House of Councillors of the Nationwide Constituency and the Metropolitan, Hokkaido and Prefectural Election Management Commission, the Election Management Commission for Members of the House of Councillors of the Nationwide Constituency may direct and supervise the Prefectural Election Management Commission and the Prefectural Election Management Commission may direct and supervise the City, Town or Village Election Management Commission respectively. In case it is considered necessary to investigate the documents or reports which have been filed as provided for in this Law, the abovementioned provisions shall be applicable in the same manner.
Article 52.　The National Election Management Commission, the Election Management Commission for Members of the House of Councillors of the Nationwide Constituency, the Metropolitan, Hokkaido of Prefectural Election Management Commission, or the City, Town or Village Election Management Commission, may ask the political organization, association, other organization, candidate for public office or those relative thereto, to submit the reports or materials, in case such is considered necessary in executing this Law.
Article 53.　The whole-business-matters union of towns and or villages shall be deemed to be a town or a village in the application of this Law.
Article 54.　The following expenses shall be borne by the National Treasury:
1.　The expenses for publication as provided for in Article 33.
2.　The expenses for the preservation of reports as provided for in Paragraph 1, Article 34.
3.　The expenses for the facilities for perusal of reports as provided for in Paragraph 2, Article 34.
Supplementary Provisions:
Article 55.　This Law shall come into force as from the day of its promulgation.
Article 56.　The political party association, and other organization and their branch offices which fall under the provision of Article 3 and which exist at the time of enforcement of this Law shall make a notification, as provided for in Article 6 or Article 18 in which the aforesaid Article applies with necessary modifications within thirty days from the enforcement of this Law.
In case the notification is made within the term, as provided for in the preceding paragraph, the contribution and payment received or made by the political organization, association or other organization or its branch office during the period from the day of enforcement of this Law to the notification, as provided for in the preceding paragraph, shall be deemed to have been done after the notification as provided for in Article 8 or Article 18 in which the aforesaid Article applies with necessary modifications.
Article 57.　The Law for the Election of Members of the House of Representatives shall be partially amended as follows:
Article 101.　Deleted.
Article 101-(2) to 101-(4) inclusive shall be deleted.
The following shall be inserted after Article 104:
"5.　Tax or fee imposed by the State or Local Public Entity in connection with the election campaign."
Article 105-109 inclusive　Deleted.
In Article 111, "One thousand, (1,000) yen" shall read "Two thousand five, hundred (2,500) yen."
In Paragraph 1, Article 112, "Twenty thousand (20,000) yen" shall read "Fifty thousand (50,000) yen" and in Paragraph 2, of the same Article, "Thirty thousand (30,000) yen" shall read "Seventy-five thousand (75,000) yen."
In Paragraph 1, Article 113, Thirty thousand (30,000) yen "shall read" Seventyfive thousand (75,000) yen "and in Paragraph 2 of the same Article," Forty thousand (40,000) yen "shall read" One hundred thousand (100,000) yen."
In Article 115, "Thirty thousand (30,000) yen" shall read "Seventy-five thousand (75,000) yen."
In Paragraph 2, Article 116, "Three thousand (3,000) yen" shall read "Seven thousand five hundred (7,500) yen."
In Article 117, "Ten thousand (10,000) yen" shall read "Twenty-five thousand 25,000yen."
In Paragraph 1, Article 118, "Five thousand (5,000) yen" shall read "Fifteen thousand (15,000) yen," and in Paragraph 2, of the same Article, "Twenty thousand (20,000) yen" shall read "Fifty thousand (50,000) yen."
In Article 120, "One thousand (1,000) yen" shall read "Two thousand five hundred (2,500) yen."
In Paragraph 1, Article 121, "Ten thousand (10,000) yen" shall read "Twenty-five thousand (25,000) yen."
In Article 122, "Twenty thousand (2,000) yen" shall read "Fifty thousand (50,000) yen."
In Article 124, "Three thousand (3,000) yen" shall read "Seven thousand five hundred (7,500) yen."
In Article 125, "Five thousand (5,000) yen" shall read "Fifteen thousand (15,000) yen."
In Article 126, "Ten thousand (10,000) yen" shall read "Twenty-five thousand (25,000) yen."
In Paragraph 1, Article 127, "Five thousand (5,000) yen" shall read "Fifteen thousand (15,000) yen," in Paragraph 2 of the same Article, "Ten thousand (10,000) yen" shall read "Twenty-five thousand (25,000) yen" and in Paragraphs 3 and 4 of the same Article, "Twenty thousand (20,000) yen" shall read "Fifty thousand (50,000) yen."
In Article 128, "One thousand (1,000) yen" shall read "Two thousand five hundred (2,500) yen."
In Article 129, "Five thousand (5,000) yen" shall read "Fifteen thousand (15,000) yen."
In Article 130, "Three thousand (3,000) yen" shall read "Seven thousand five hundred (7,500) yen."
In Article 131, "Article 99, Article 101-(4), Article 105, Article 106 or Article 109" shall read "or Article 99" and "Three thousand (3,000) yen" shall read "Seven thousand five hundred (7,500) yen."
In Paragraph 1, Article 132, "or Paragraph 4 or Paragraph 5, Article 101" shall be deleted, and "One thousand (1,000) yen" shall read "Two thousand five hundred (2,500) yen," and Paragraph 2 of the same Article shall be deleted.
Articles 134 and 135　Deleted.
Article 58.　The Law for the Election of Members of the House of Councillors shall be partilly amended as follows:
Article 77, Paragraphs 2 and 3 shall be deleted.
Article 78.　Deleted.
Articles 80 to 82 inclusive　Deleted.
In Paragraph 1, Article 84, "Three thousand (3,000) yen" shall read "Seven thousand five hundred (7,500) yen" and in Paragraph 2 of the same Article, "Five thousand (5,000) yen" shall read "Fifteen thousand (15,000) yen."
Articles 85 and 86　Deleted.
In Article 87, "preceding 3 Articles" shall read "Article 84."
Article 59.　With regard to the election, which was already conducted under the previous Law for the Election of Members of the House of Representatives, the Law for the Election of Members of the House of Councillors or the Local Autonomy Law, or the election whose date was announced or noticed in accordance with the provisions of the laws abovementioned, at the time of the enforcement of this Law, the previous provisions shall apply, notwithstanding the preceding two revised Articles.
The provisions of the preceding paragraph shall apply mutatis mutandis to the election to which the Chapter 12 of the Law for the Election of Members of the House of Representatives applies mutatis mutandis except the election as provided for in the same paragraph.
Prime Minister　ASHIDA Hitoshi