(The purpose and scope of application of this Law)
Article 1. This Law shall apply to the election of the members of the House of Representatives with the purport of extension of public management of elections, and of holding the most fair and legitimate elections, thus contributing to the prevention of corruption of elections, in view of the present economic situations.
(Competitive speech meetings)
Article 2. Cities, towns and villages with a population of more than approximately five thousand which shall be designated by the Metropolitan, Hokkaido or Prefectural Election Administration Commission, shall hold competitive speech meetings to have the voters acquainted with the political opinions of the candidates for Diet membership.
The cities in the preceding paragraph shall hold one competitive speech meeting for each fifty thousand (50,000) of population approximately as one unit.
Towns and villages other than the towns and villages in Paragraph 1, and designated by the Metropolitan, Hokkaido or Prefectural Election Administration Commission in view of their population and condition of transportation, etc., shall hold competitive speech meetings.
Article 3. Speakers in the competitive speech meetings shall be candidates for Diet membership.
A candidate for Diet membership may cause his deputy, limited to one person for each candidate, to speak at the competitive speech meetings where the candidate is to attend. However, the number of speeches to be made by the deputy shall not exceed one-fifth of the total number of speeches which may be conducted by the candidate in virtue of the provisions of Article 5, Paragraph 2 or Article 6, Paragraph 2.
As to the computation of the number of speeches provided for by the proviso to the preceding paragraph, the franction shall be computed as one.
Article 4. The Metropolitan, Hokkaido or Prefectural Election Administration Commission shall determine previously the scheduled date, time and place of the competitive speech meetings as well as the number of the candidates for Diet membership who may speak at one competitive speech meeting, and his time for speech, and shall announce these within three days after the publication of announcement of the date of the election.
The Metropolitan, Hokkaido or Prefectural Election Administration Commission, when it finds necessary to do so in the case of the preceding paragraph, shall take steps to execute a competitive speech meeting by dividing the candidates for Diet membership into several groups.
In giving decision in accordance with the provision of Paragraph 1, the Metropolitan, Hokkaido or Prefectural Election Administration Commission shall request the attendance and ask for the opinion of one representative of political parties or their branches which have their head-offices in the prefectural district and which have or have had a member or members of the Diet elected in the latest election from their party.
The parties or their branches which want to attend the gathering in the preceding paragraph, shall report to the Metropolitan, Hokkaido or Prefectural Election Administration Commission by the date as fixed by the Commission.
Article 5. Any candidate for Diet membership who intends to take part in the competitive speech meeting, shall report to this effect to the Metropolitan, Hokkaido or Prefectural Election Administration Commission by the date as fixed by the Commission.
The decision of order of speech to be made at the first competitive, speech meeting for the candidates for Diet membership who made report according to the preceding paragraph, and of the group to which the candidate shall belong when the speeches are made in several groups according to the provision of Paragraph 2 of the preceding Article, shall be made by the Metropolitan, Hokkaido or Prefectural Election AdministraCommission by lottery. In this case, the Metropolitan, Hokkaido or Prefectural Election Administration Commission shall also determine the date, time and place of the speeches to be made by the candidates for Diet membership at the competitive speech meetings.
The order of speech by the candidates for Diet membership from the second competitive speech meetings afterwards shall be, in principle, in such order that the candidate who came first in the previous meeting shall be the last, while each succeeding candidates shall be advanced by one order accordingly.
The Metropolitan, Hokkaido or Prefectural Election Administration Commission shall report immediately to the competent candidates and the Election Administration Commission of City, Town and Village concerned, when the Commission has made decision under Paragraph 2.
Article 6. Any person who has reported of his candidacy after the date as provided for by Paragraph 1 of the preceding Article and who intends to take part in a competitive speech meeting, shall give notice to that effect as provided for by the Metropolitan, Hokkaido or Prefectural Election Administration Commission.
The decision of the date, time and place of speech to be made at the competitive speech meeting for the candidate for Diet membership who made report according to the preceding paragraph, and of the order of speech at his first competitive speech meeting as well as of the groups to which he shall belong when the speeches are made in several groups according to the provision of Paragraph 2 of Article 4 shall be made by Metropolitan, Hokkaido or Prefectural Election Administration Commission.
The provisions of Paragraph 3 and Paragraph 4 of the preceding Article shall apply mutatis mutandis to the case of the preceding paragraph.
Article 7. When a report has been made according to the provisions of the preceding two paragraphs, the Election Administration Commissions of Cities, Towns and Villages shall put up a notice of the date, time and place of the competitive speech meeting as well as the names and party affiliation of the candidates for Diet membership, before two days prior to the date of the competitive speech meeting. In this case, the number of places where notices shall be put up, shall be more than twenty for one city, town and village or one unit which holds such competitive speech meetings.
The Election Administration Commission of City, Town and Village shall denote the place for the speech meeting on the day of the competitive speech meeting and shall put up notice of the names of the candidates for Diet membership with their party affiliations.
Excepting those provided for by the preceding two paragraphs, the business concerning the holding of competitive speech meetings such as the facilities for the meetings and others, shall be administered by the Election Administration Commission of City, Town and Village.
Article 8. Excepting those provided for by the preceding six Articles, the necessary matters concerning competitive speech meetings shall be provided for by the Metropolitan, Hokkaido or Prefectural Election Administration Commission.
(Private speech meetings)
Article 9. The candidates for Diet membership may hold private speech meetings within thirty times, utilizing the facilities designated by the Election Administration Commission of City, Town and Village.
As for the facilities provided for in the preceding paragraph the managers shall furnish necessary facilities as provided for by Cabinet Order.
The Election Administration Commission of City, Town and Village shall report immediately to the Metropolitan, Hokkaido or Prefectural Election Administration Commission when it has designated the facilities as provided for in the first paragraph.
When the report as provided for in the preceding paragraph has been made, the Metropolitan, Hokkaido or Prefectural Election Administration Commission shall announce it.
Article 10. Even when the candidate for Diet membership did not hold the private speech meeting after his notification was made in accordance with the provisions of, Article 12, Paragraph 1, the number of times of the meetings which were not held shall be counted in the number of times provided for in Paragraph 1 of the preceding Article. However, this rule shall not be applicable in cases caused by natural calamity or other vis major.
On the day when a competitive speech meeting is to be held private speech meetings shall not be held in the city, town and village concerned.
Article 11. Persons other than the candidates may make speeches at the private speech meetings.
Article 12. The candidates for Diet membership who intend to hold private speech meetings, shall notify to the Election Administration Commission of City, Town and Village of the facilities to be used, the date of the meetings, with the names of the candidates for Diet membership and their party affiliations, by five (5) days prior to the date of the meeting.
The Election Administration Commission of City, Town and Village shall, upon the report as provided for by the preceding paragraph, put up a notice of the date and time and place of private speech meetings as well as the names and party affiliations of the candidates for Diet membership, at places easy to be seen, as previously decided by the Metropolitan, Hokkaido or Prefectural Election Administration Commission, by two (2) days prior to the date of the private speech meeting. The number of places where notices shall be put up in the abovementioned case, shall be ten (10) for each city, town or village scheduled to have private meetings.
The provision of Paragraph 2, Article 7 shall apply mutatis mutandis to the announcement and public notice concerning the places of private speech meetings.
Article 13. No charge shall be collected for the use of facilities for the use of private speech meeting.
(Speeches on the street)
Article 14. Speeches in favor of a candidate are permitted only when the candidate concerned is present on the spot.
At the places in the preceding paragraph, posters and paper-lanterns are permitted to be put up during the time the candidate concerned is present on the spot. In this case they must be removed as soon as the candidate concerned ceases to be present.
(Prohibition of speech meetings)
Article 15. Except for competitive speech meetings, private speech meetings and street speeches provided for in this Law, no speech meetings for the purpose of election campaigns, under whatever name, are permitted to be held.
(Broadcasting)
Article 16. Any candidate for Diet membership is in a position to broadcast his political opinion for the public interest, during the period of election campaign.
As to the broadcast mentioned in the preceding paragraph, equal facilities such as the utilization of the same broadcasting equipment, the same allotment of the broadcasting time, etc. must be offered to all the candidates in their constituency.
Time and date for the broadcast mentioned in the preceding paragraph and other necessary matters regarding broadcasting shall be decided by the National Election Administration Committee, on consultation with the Japan Broadcasting Corporation.
Article 17. The Japan Broadcasting Corporation shall, in a manner to be decided by the Corporation, broadcast the names, ages, affiliated parties, and main careers of the candidates for the information of the electors of the constituency concerned.
The number of times of the aforesaid broadcasting shall be about ten times for each candidate during the period covering the twentieth day prior to the date of the election to the day before the election.
(Newspaper advertisement)
Article 18. A candidate for Diet membership and the representative of a political party or any other political organization or their branches may advertise concerning the election only once during the period of election campaign, in a daily newspaper designated by the Metropolitan, Hokkaido or Prefectural Election Administration Commission for the respective constituency, using the same size of space as fixed by the Metropolitan, Hokkaido or Prefectural Election Administration Commission for each candidate.
The newspaper carrying the foregoing advertisement may be distributed in the usual way by the newspaper agents, notwithstanding the provisions of Article 19.
(Restriction on Writings and Pictures)
Article 19. No postal cards, hand-written letters, visiting cards or any other writings or pictures shall be distributed for the purpose of election campaign, provided that the same shall not apply to postal cards or unsealed letters only containing a notice of the establishment of election offices, a request to act as witness, necessary arrangements for speech meetings or necessary communications concerning election business.
The postal cards and unsealed letters mentioned in the foregoing proviso shall be limited to one thousand for each candidate and shall be marked by post offices indicating that it is used for election business.
Circulation of notice boards, and any other writings, pictures and sign-boards (including placards) to a number of people for the purpose of election campaign shall be deemed to be a distribution within the meaning of the first paragraph. But circulation of the items provided for in Paragraph 2 of Article 14 and Paragraph 5 of Article 22 are not included in the foregoing provision.
Article 20. No writings and pictures for the use of election campaign shall be exhibited, except the each following item:
1. Posters and paper lanterns used at the place where street speeches are made according to the provisions of Article 14, Paragraph 2.
2. Placards, posters and paper lanterns used on motorcars, loudspeakers and boats according to the provision of Article 22, Paragraph 5.
3. Placards, posters sign-boards, paper lanterns, etc. used on the site of election offices to indicate their places.
Article 21. During the period of election campaign, no person shall, in the name of advertisement for writings or performances, or under whatever pretense calculated to evade the prohibition stipulated in the preceding two Articles, distribute or exhibit writings or pictures chiefly indicating names of candidates, names of political parties or other political organizations, or purporting to recommend, support or oppose any candidates.
The Election Administration Commissions of the Metropolis, Hokkaido or Prefectures and City, Town and Village may remove or cause to be removed for the period of election campaign any writings or pictures that are considered to fall under the preceding Paragraph.
(Limitation of motor-cars, etc.)
Article 22. Motor-cars chiefly used for election campaign (hereinafter to include all vehicles enumerated in Article 2, Paragraph 5 of the Road Traffic Control Law) loudspeakers and boats shall be subject to the limitations in each following item for each candidate at a time:
a) Motor car............ one
b) Loudspeaker......... one set
c) Boat.................... one
For using the aforesaid motor car, loudspeaker, or boat, a candidate shall obtain beforehand a certificate issued by the Metropolitan, Hokkaido or Prefectural Election Administration Commission.
Those who use the motor car, loudspeaker or boat provided for in Paragraph 1 shall always carry the certificate with them and shall exhibit on the motor car, loudspeaker or boat a mark fixed by the Metropolitan, Hokkaido or Prefectural Election Administration Commission.
The aforesaid certificate shall be shown at the demand of public officials concerned.
On the motor-car, loudspeaker or boat, placards, posters and paper lanterns may be put up indicating the name of the candidate, the name of his party, etc.
The expenses needed for using the motor car mentioned in Paragraph 1 shall not be recognized as expenses for election campaign.
(Prohibition of providing food or drink)
Article 23. No person shall, under whatever name, provide or be provided with food or drink for election campaign. But furnishing or being furnished with hot-water or tea is not included in this prohibition.
(Restrictions on election campaign)
Article 24. No person shall be permitted to do any act in the following item:
1. To call repeatedly the name of a particular candidate or political party and other political organizations for the purpose of election campaign in whatever manner. However, this provision shall not apply to the cases where these acts are done from one hour before the time on the spot, in the case of holding a private speech meeting, and on the spot in the case of holding a speech meeting on the street;
2. To act demonstratively for election campaign by procession by motor cars or by foot, parading, etc.;
3. To carry on election campaign on the day of election.
(Use of means of transportation)
Article 25. Each candidate shall be entitled to receive from the Minister of Transportation fifteen special traffic passes in all to enable the candidate himself, a person who recommends any other person as a candidate and other persons engaged in election campaign to utilize state railways, state buses and private railways, tram-cars, omnibuses transportation and other public means of conveyance during the period of election campaign and within the electorate concerned.
(Procurement of fuels)
Article 26. The state or the local public bodies concerned will take necessary measures to secure the distribution or delivery of gasoline and other fuels for motor cars to be used by the candidates for Diet membership in connection with their election campaign in accordance with the provisions of Item 1, Par.1, Art.22. In this case the National Election Administration Commission or the Metropolitan, Hokkaido or Prefectural Election Administration Commission shall take necessary measures on the enforcement of the rationing program and others.
When any persons who, in accordance with the provisions of the preceding paragraph, has received the distribution or delivery of gasoline or other fuels for their motor cars, have resigned their candidacy for Diet membership, they must completely return the motor car fuels in question without delay. In cases where, however, they cannot return the fuels entirely, because they have already used a portion therefore in connection with their election campaign, they shall return the remainder with a detailed statement in testimony of the fact that it was really used in connection with their election campaign.
(Share in the expenditures for public management of elections)
Article 27. Any person who wants to notify of his candidature for Diet membership, or his recommendation of any other person as a candidate for Diet membership, he must pay in advance to the National Treasury an amount of \20,000 either in cash or in national bonds for each candidate to cover his share in the expenditure for public management of the election.
The property paid to the National Treasury in accordance with the provisions of the preceding paragraph shall not be returned even when the candidate concerned dies, or resigns his candidacy, before the date of the election, or in any other case.
In cases where any person who has made the required payment in accordance with the provision of Paragraph 1, wants for the second time to notify his candidature, or to notify his recommendation of any other person as a candidate for Diet membership in an election to be held again in the same constituency in accordance with the provision of Par.1, Art.75 of the Law for the Election of Members of the House of Representatives, he need not make another payment as specified in Paragraph 1.
In cases where any person gives the notification as specified in the provisions of Paragraphs 1 to 3 inclusive of Article 67 of the Law for the Election of Members of the House of Representatives, he must attach to his written notification a letter in testimony of the payment made in accordance with the provision of Paragraph 1, and where any person gives a notification as prescribed in the preceding paragraph, he must attach to his written notification a letter in testimony of the payment made in connection with the preceding election.
(Expenditures to be borne by the National Treasury)
Article 28. Expenditures falling under the following items shall be borne by the National Treasury:
1. Expenses for holding competitive speech meetings;
2. Expenses for notification of private speech meetings and expenses concerning facilities thereof;
3. Expenses for broadcasting;
4. Expenses for advertisements in newspapers;
5. Expenses for the postal cards and unsealed letters as prescribed in Paragraph 2 of Article 19;
6. Expenses for the use of the means of transportation as specified in Article 25.
(Special districts, districts, and all affairs association)
Article 29. In connection with the application of this Law, a special district, and a district as specified in Paragraph 2 of Article 155 of the Local Autonomy Law shall be regarded as a city, while an all affairs association of towns and villages shall be regarded as a town or a village.
(Special regulation)
Article 30. In an inaccessible island or any other inaccessive district where the provisions of this Law cannot prastically apply, special regulations may be established by virtue of a Cabinet Order.
(Cabinet Orders concerning Enforcement)
Article 31. Any provisions necessary for the enforcement of the present Law shall be established by virtue of a Cabinet Order.
(Penal regulations)
Article 32. Any person falling under one of the following items shall be liable to imprisonment for a period not exceeding two years, or to a fine not less than \3,000 and not more than \50,000:
1. Any person who delivers speeches in contravention of the provisions of Par.1 or 2 of Art.3;
2. Any person who holds a private speech meeting in contravention of the provisions of Par.1 of Art.9 and Par.2 of Art.10;
3. Any person who delivers a speech on the street, or puts up a notice-board or a paper lantern, in contravention of the provisions of Article 14;
4. Any person who holds a speech meeting in contravention of the provisions of Article 15;
5. Any person who puts an advertisement in a newspaper, in contravention of the provision of Par.1 of Art.18;
6. Any person who, in contravention of the provisions of Art.19, Art.20, or Art.21, has either distributed or put up papers or pictures;
7. Any person who, in contravention of the provision of Par.1 of Art.22, has used a motor-car, a loudspeaker, or a boat;
8. Any person who provides, or is provided with food or drink, in contravention of the provisions of Art.23.
Article 33. Any person falling under one of the following items shall be liable to imprisonment for a period not exceeding one year, or to a fine not less than \1,000 and not more than \30,000:
1. Any person who, without a good reason, fails to remove the notice-boards or paper lanterns as specified in Par.2 of Art.14;
2. Any person who, in contravention of the provisions of Par.3 or Par.4 of Art.22, fails to carry with him a certificate, or to exhibit it, or refuses to produce it;
3. Any person who acts against the provisions of Art.24;
4. Any person who, without a good reason, fails to return the gasoline and any other fuel for motor cars as specified in the provision of Art.26, Par.2.
(Invalidity of election)
Article 34. When an elected candidate has committed the crimes mentioned in this Law and has been convicted, his election shall be void.
The provision of Article 143 of the Law for Election of the Members of House of Representatives shall apply mutatis mutandis to the case where the person mentioned in the preceding paragraph has been convicted.
The invalidity of election prescribed in Paragraph 1 shall be deemed to be the invalidity of election in accordance with the provision of Article 136 of the Law for Election of the Members of House of Representatives, in regard to the application of provisions of Articles 75 and 77 of the same Law.
(Suspension of the Right to Vote, and of the Eligibility for Election)
Article 35. Any person who, having committed an offense as specified in Article 32, has been punished with a fine, shall be deprived of the right to vote in an election of members of the House of Representatives, and of the eligibility for election in such elections for a period of five years counting from the day when the final judgment was given against his offence;while any person who has been sentenced to imprisonment shall be deprived of such rights as stated above throughout the period covering the day when the final judgment was given against his offense to the day when the execution of his penalty is completed, or, except where his offence is extinguished by prescription, to the day when he is relieved of the execution of his punishment, and for the following five years;however, in the case of any person who was granted a stay of execution, he shall be deprived of such rights as specified above through the period covering the day when a final judgment was given against his offence to the day he is no longer liable to the punishment.
In consideration of the circumstances, the court may officially announce at the time when it gives its final judgment against any such person as specified in the preceding paragraph that the person in question shall be exempted from the application of the provisions disqualifying such person for participation in the election either as electors or candidates;or announce that the period specified in the same paragraph shall be reduced.
(Prescription)
Article 36. The prescription against any offence specified in Art.32 and Art.33 shall be completed in elapsing six months. However, when the offender has escaped, the period shall be extended to one year.