Public Offices Election Law
法令番号: 法律第100号
公布年月日: 昭和25年4月15日
法令の形式: 法律
I hereby promulgate the Public Offices Election Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the fourth month of the twenty-fifth year of Showa (April 15, 1950)
Prime Minister YOSHIDA Shigeru
Law No.100
Public Offices Election Law
Contents
Chapter I General Provisions(Articles 1 to 8)
Article 1. (Aims of this Law)
Article 2. (Scope of the Application of this Law)
Article 3. (Definition of Public Office)
Article 4. (Fixed Number of Members)
Article 5. (Management of Election Business)
Article 6. (Publicity on the Matters concerning Election and the Prevention of Abstention from Voting)
Article 7. (Securing of Fairness in Regulation of Election)
Article 8. (Exception concerning the Specified Areas)
Chapter II Voting Right and Eligibility(Articles 9 to 11)
Article 9. (Voting Right)
Article 10. (Eligibility)
Article 11. (Those who have neither the Right to vote nor Eligibility for Election)
Chapter III Districts with Respect to Elections(Articles 12 to 18)
Article 12. (Units of Elections)
Article 13. (Electoral Districts of the Members of the House of Representatives)
Article 14. (Electoral Districts of the Members of the House of Councillors from prefectural constituencies)
Article 15. (Electoral Districts of the Members of the Assemblies of Local Public Bodies)
Article 16. (Change in Election Districts and present Holder of Office)
Article 17. (Polling Districts)
Article 18. (Ballot-counting Districts)
Chapter IV The Electors'List(Articles 19 to 30)
Article 19. (Kind of Electors'Lists)
Article 20. (Preparation of the Basic Electors'List)
Article 21. (Preparation of Basic Electors'List for Mariners)
Article 22. (Inspection of the Basic Electors'List)
Article 23. (Raise of Objection)
Article 24. (Institution on Dissatisfaction)
Article 25. (Establishment of the Basic Electors'List)
Article 26. (Preparation of Supplementary Electors'List)
Article 27. (Inspection of Supplementary Electors'List)
Article 28. (Validity of Supplementary Electors'List)
Article 29. (Presentation, etc. of Objection and Dissatisfaction against the Supplementary Electors'List)
Article 30. (Re-preparation of Supplementary Electors'List)
Chapter V Date of Election(Articles 31 to 34)
Article 31. (General Election)
Article 32. (Ordinary Election)
Article 33. (Common Election, Election due to Expiration of Term of Chief and Usual Election)
Article 34. (Other Elections)
Chapter VI Votes(Articles 35 to 60)
Article 35. (Method of Election)
Article 36. (One Vote per One Person)
Article 37. (Voting Overseers)
Article 38. (Voting-witnesses)
Article 39. (Polling Place)
Article 40. (Opening and Closing Time of Polling Place)
Article 41. (Public Notification of Polling Place)
Article 42. (Registration in the Electors'List and Voting)
Article 43. (Voting by Persons without the Right to vote on the Day of Election)
Article 44. (Voting at Polling Places)
Article 45. (Handing over and Form of Ballots)
Article 46. (Matters to be inscribed on the Ballot and Casting of the Ballot)
Article 47. (Casting a Ballot inscribed with Braille)
Article 48. (Voting by Proxy)
Article 49. (Voting by an Absentee)
Article 50. (Identification of an Elector and Rejection of Voting)
Article 51. (Voting by Persons who have been ordered out)
Article 52. (Maintenance of Secret in Voting)
Article 53. (Closing of the Ballot-box)
Article 54. (Preparation of Voting Minutes)
Article 55. (Delivery of the Ballot-box, etc.)
Article 56. (Advanced Voting)
Article 57. (Deferred Voting)
Article 58. (Persons Admissible into the Polling Place)
Article 59. (Request for Legal Disposition for Maintenance of Order in the Polling Place)
Article 60. (Maintenance of Order in the Polling Place)
Chapter VII Counting of Ballots(Articles 61 to 74)
Article 61. (Ballot-counting Overseers)
Article 62. (Ballot-counting Witnesses)
Article 63. (Establishment of Ballot-counting Offices)
Article 64. (Notification of the Place and Date of Ballot-counting)
Article 65. (The Ballot-counting Day)
Article 66. (Ballot-counting)
Article 67. (Decision of Validity of Ballots in the case of Ballot-counting)
Article 68. (Invalid Ballots)
Article 69. (Visit of Inspection of the Ballot-counting)
Article 70. (Preparation of Counting Minutes)
Article 71. (Preservation of the Ballots, Voting Minutes and Counting Minutes)
Article 72. (Counting of Ballots in Reelection due to the Partial Invalidity)
Article 73. (Postponed Ballot-counting)
Article 74. (Control of Ballot-counting Offices)
Chapter VIII Election Meeting and Election Sub-meeting(Articles 75 to 85)
Article 75. (Election Meeting Chairman and Election Sub-meeting Chairman)
Article 76. (Election Witness)
Article 77. (Place of Election Meeting and Election Sub-meeting)
Article 78. (Place and Time of Election Meeting and Election Submeeting)
Article 79. (Combination of Counting Affairs and Election Meeting Affairs)
Article 80. (Holding of Election Meeting or Election Sub-meeting)
Article 81. (Holding of Election Meeting in the case of the Members of the House of Councillors from the National Constituency)
Article 82. (Inspection of Election Meetings and Election Sub-meetings)
Article 83. (Compilation of Election Minutes, and Preservation of Election Minutes and Other Documents concerned)
Article 84. (Postponement of Election Meeting or Postponement of Election Sub-meeting)
Article 85. (Supervision over the Election Meeting Place and the Election Sub-meeting Place)
Chapter IX Candidates for Public Office(Articles 86 to 94)
Article 86. (Notification, etc. of Candidacy by Candidate for Public Office)
Article 87. (Prohibition of Double Candidacy)
Article 88. (Restriction on Candidacy by the Persons engaged in the Election Business)
Article 89. (Restriction on Candidacy of Public Servants)
Article 90 (Retirement of Public Servant for Candidacy)
Article 91. (Case where one is regarded as having Resigned Candidacy due to his Acquirement of the Status of Public Servant)
Article 92. (Deposit)
Article 93. (Confiscation of Deposit)
Article 94. (Bearing the Part of Expenses required for Public Management)
Chapter X Persons Elected(Articles 95 to 108)
Article 95. (Persons Elected)
Article 96. (Rectified Determination of Persons Elected)
Article 97. (Carrying up as the Persons Elected)
Article 98. (Forfeit of Eligibility and Determination of the Persons Elected)
Article 99. (Disqualification of a Person Elected due to his Forfeiture of Eligibility)
Article 100. (Election without Contest)
Article 101. (Report, Notice, Notification in case of Determination of a Person Elected)
Article 102. (Validation of Success in Election)
Article 103. (Disqualification of the Person Elected in case of his Failure to Resign a Prohibited Concurrent Office)
Article 104. (Disqualification of the Person Elected as a Chief in case of his Failure to discontinue his Contract, etc.)
Article 105. (Conferment of Election Certificates and Notifications)
Article 106. (Report and Notification in the case where there is no Person Elected, etc.)
Article 107. (Notification of Invalidity of Election or Success in Election)
Article 108. (Reports concerning Success in Election, etc.)
Chapter XI Special Elections(Articles 109 to 118)
Article 109. (Re-election of Members of the House of Representatives, Members (from prefectural constituency) of the House of Councillors, Chiefs of Local Public Bodies or Members of the Board of Education)
Article 110. (Re-election of Members from the National Constituency of the House of Councillors and Assemblymen of Local Public Bodies)
Article 111. (Notice in case of Vacancy of Members, Chiefs or Members of the Board of Education)
Article 112. (Filling Vacancy in the Membership Chiefs or in the Membership of the Board of Education)
Article 113. (By-Election)
Article 114. (Elections in the case where the Post of Chief of Local Public Body is vacated or Resignation is tendered)
Article 115. (Combined Election and the Person Elected in the case of Election of Assemblymen or Members of the Board of Education with Different Tenure of Office)
Article 116. (The General Election of a Local Public Body in case of there being no Members or Persons Elected)
Article 117. (The Election in order to take the Decisive Vote for the Chief of Local Public Body)
Article 118. (The Person Elected in the case of Decisive Vote for the Chief of the Local Public Body and Election without Voting)
Chapter XII Exceptions for Holding Elections Simultaneously(Articles 119 to 128)
Article 119. (Sphere of Elections to be held Simultaneously)
Article 120. (Procedure to decide whether or not the Elections to be held Simultaneously)
Article 121. (Suspension of Execution of Election in City, Town or Village until the Decision of Simultaneous Execution of Elections)
Article 122. (The Public Notification of Date and Period, etc. of the Election List in By-Election)
Article 123. (Application of Provisions concerning Votes, Counting of Ballots and Election Meeting)
Article 124. (Advance of the Voting Date)
Article 125. (Deferment of the Voting Date)
Article 126. (Deferment of the Voting Date in the case of only One Candidate for the Chief)
Article 127. (Success in Election without Contest)
Article 128. (Decisive Votes for the Chief)
Chapter XIII Election Campaign(Articles 129 to 178)
Article 129. (The Period of Election Campaign)
Article 130. (The Establishment of the Election Office and its Notice)
Article 131. The Number of Election Offices)
Article 132. (The Limitation of Election Offices on the Election Day)
Article 133. (Prohibition of Resting Place, etc.)
Article 134. (Order of Closing the Election Office)
Article 135. (Prohibition of Election Campaign by the Persons engaging in the Election Business)
Article 136. (Prohibition of Election Campaign of the Specified Public Service Personnel)
Article 137. (Prohibition of Election Campaign Utilizing the Position of Educator)
Article 138. (House-to-House Visits)
Article 139. (Prohibition of Serving Foods and Drinks)
Article 140. (Prohibition of Demonstrative Acts)
Article 141. (Utilization of Automobiles, Loud-Speakers and Ships)
Article 142. (Distribution of Literature and Drawings)
Article 143. (Display of Literature and Drawings)
Article 144. (Number of Posters)
Article 145. (Place to Display Poster)
Article 146. (Restrictions on Deeds to elude Prohibition in regard to Distribution or Display of Literature or Drawings)
Article 147. (Removal of Literature and Drawings)
Article 148. (Freedom of News, Comment, etc. of Newspapers and Magazines)
Article 149. (Newspaper Advertisement)
Article 150. (Broadcast of Political View)
Article 151. (Broadcast of Career)
Article 152. (Elections for which a Competitive Speech Meeting Under Public Management should be held)
Article 153. (Sponsor of Competitive Speech Meeting)
Article 154. (Speakers in a Competitive Speech Meeting)
Article 155. (Decision and Notification of the Program for Holding a Competitive Speech Meeting)
Article 156. (Participation in the Competitive Speech Meeting)
Article 157. (Participation in the Competitive Speech Meeting after the Lapse of the Designated Date)
Article 158. (How to notify the Public of the Holding of a Competitive Speech Meeting)
Article 159. (Maintenance of Order in the Competitive Speech Meeting Hall)
Article 160. (Other Necessary Matters and Execution Business of Competitive Speech Meeting)
Article 161. (Individual Election Speech using Public Facilities)
Article 162. (Speakers at an Individual Election Speech Meeting)
Article 163. (Notification concerning the Holding of an Individual Election Speech Meeting)
Article 164. (Use of Facilities of an Individual Speech Meeting Hall without Charge)
Article 165. (Restrictions on other Speech Meetings on the Day when the Competitive Speech Meeting takes place)
Article 166. (Prohibition of Making a Speech at a Specified Building or Facilities)
Article 167. (Issue of the Election Official Gazette)
Article 168. (Application for Publication in the Official Gazette)
Article 169. (Procedures for Issuance of the Election Gazette)
Artcle 170. (Distribution of the Election Gazette)
Article 171. (Cases where the Issuance of the Election Gazette is suspended)
Article 172. (Other Necessary Matters concerning Election Gazette)
Article 173. (Notices of the Name, etc. of Candidates for Public Office)
Article 174. (Period and Order of Notice of the Names, etc. and other Procedure for putting up the Notice)
Article 175. (Other Necessary Matters concerning the Notice of Names, etc.)
Article 176. (Utilization of Transportation Facilities)
Article 177. (Facilities for Fuels and Papers and Return thereof)
Article 178. (Restriction of Salutary Acts after the Day of Election)
Chapter XIV Income and Payment as well as Contribution concerning Election Campaign(Articles 179 to 201)
Article 179. (Definition of terms Income, Contribution and Payment)
Article 180. (Appointment and Report of the Person responsible for Income and Payment)
Article 181. (Release and Resignation of Accountant)
Article 182. (Change of the Accountant)
Article 183. (Execution of Duties of the Accountant in Place of Him)
Article 184. (Prohibition of Accepting and Disbursing Contributions before Report)
Article 185. (Keeping of and Register in Account Book)
Article 186. (Presentation of Detailed Statement)
Article 187. (Power of the Accountant to make Payment)
Article 188. (Collection and Sending of the Receipts, etc.)
Article 189. (Presentation of Report of Income and Payment concerning Election Campaign)
Article 190. (Transfer of the Accountant's Business)
Article 191. (Preservation of Account-Book and Documents)
Article 192. (Publication, Preservation and Perusal of Reports)
Article 193. (Request for Materials concerning Examination of Report)
Article 194. (Limitation of Amount of Payments concerning Election Campaign)
Article 195. (Limitation of the Amount of Payments concerning Election Campaign in the case of Partial Invalidity of Election and Deferred Voting)
Article 196. (Notice of the Limited Amount of Payments concerning the Election Campaign)
Article 197. (The Sphere of Payments not to be regarded as Payments concerning Election Campaign)
Article 198. (Invalidity of Success in Election due to the Excess of the Limited Amount of Payments concerning Election Campaign)
Article 199. (Prohibition of Contribution by Specified Persons)
Article 200. (Prohibition of Solicitation or Request for Contribution to the Specified Person)
Article 201. (Prohibition of Anonymous Contributions, etc. and Reversion to the National Treasury)
Chapter XV Actions(Articles 202 to 220)
Article 202. (Filling of Objections and Appeals regarding the Validity of Elections of Assemblymen, Chiefs and Members of Boards of Education, of Local Public Bodies)
Article 203. (Lawsuits regarding the Validity of Elections of Assemblymen, Chiefs and Members of Board of Education, of Local Public Bodies)
Article 204. (Lawsuits regarding the Validity of an Election of Members of the House of Representatives or Members of the House of Councillors)
Article 205. (Determination, Decision or Judgment of Invalidity of an Election)
Article 206. (Filling of Objections and Appeals regarding the Validity of Success in Election of Assemblymen, Chiefs, and Members of Boards of Education, of Local Public Bodies)
Article 207. (Lawsuits regarding the Validity of Success in Election of Assemblymen, Chiefs, and Members of Boards of Education, of Local Public Bodies)
Article 208. (Lawsuits regarding the Validity of Success in Election of Members of the House of Representatives or Members of the House of Councillors)
Article 209. (Determination, Decision or Judgment of Invalidity of Election in Actions concerning Validity of Success in Election)
Article 210. (Lawsuits on Invalidity of Success in Election on the Ground of Exceeding the Limited Amount of Election Campaign Payments)
Article 211. (Lawsuits on Invalidity of Success in Election on the Ground of an Election Crime by the General Manager of the Election Campaign)
Article 212. (Lawsuits on Invalidity of Success in Election on the Ground of Accountant's Violation of Obligation to submit Reports)
Article 213. (Disposal of Actions)
Article 214. (Institution of Actions and Execution of Punishment)
Article 215. (Delivery of Written Determination or Decision, and Announcement of Gist thereof)
Article 216. (Application of the Administrative Appeal Law)
Article 217. (Jurisdiction over Lawsuits against Persons Elected)
Article 218. (Attendance of Public Procurator at Trials of Election Lawsuits)
Article 219. (Application of Lawsuit Provisions to Election Lawsuits)
Article 220. (Information concerning Election Lawsuits, and Transmittal of Certified Copy of Judgment)
Chapter XVI Penal Provisions(Articles 221 to 255)
Article 221. (Bribery and Persuasion with Interests)
Article 222. (Bribery and Persuasion with Interests, against Many Persons)
Article 223. (Bribery and Persuasion with Interests, against Candidates for Public Office and Persons Elected)
Article 224. (Confiscation in case of Bribery and Persuasion with Interests)
Article 225. (Obstruction to Freedom of Election)
Article 226. (Obstruction to Freedom of Election by Abuse of Authority)
Article 227. (Infringement upon the Secrecy of Voting)
Article 228. (Interference with Voting)
Article 229. (Crimes of Sedition etc., against Election Administration Organs, Election Facilities, etc.)
Article 230. (Obstruction to Election by a Crowd)
Article 231. (Carrying of Weapons)
Article 232. (Carrying of Weapons into a Voting Place, a Ballot-counting Place, an Election Meeting Place, etc.)
Article 233. (Confiscation of Carried Weapons)
Article 234. (Incitement of Election Crimes)
Article 235. (Publication of False Matters)
Article 236. (Fraudulent Registration, Fraudulent Declaration, etc.)
Article 237. (Fraudulent Voting, and Forgery or Manipulation of Votes)
Article 238. (Negligence of Witness'Duty)
Article 239. (Violation of Restrictions on Pre-election Campaigns, taking Advantage of Educational Positions, House-to-House Visits, etc.)
Article 240. (Violation of Restrictions concerning Election Offices, Resting Places, etc.)
Article 241. (Violation of Establishment of Election Offices, Violation of Prohibition of Election Campaign by Specified Public Officials, etc.)
Article 242. (Violation of Report on Establishment of Election Office)
Article 243. (Violation of Various Restrictions concerning Election Campaigns...1)
Article 244. (Violation of Various Restrictions concerning Election Campaigns...2)
Article 245. (Violation of Restrictions on Deeds of Greeting after the day of Election)
Article 246. (Violation of Regulations concerning Incomes and Payments concerning Election Campaigns)
Article 247. (Violation of Obligation to submit Reports)
Article 248. (Violation of Restrictions on Contributions)
Article 249. (Violation of Restrictions on Soliciting and Requesting for Contributions)
Article 250. (Concurrent Punishment of Imprisonment without Hard Labor and Fines;Punishment of Grave Negligence)
Article 251. (Invalidity of Success in Election on the ground of Crimes committed by the Person Elected, the General Manager of the Election Campaign, or the Accountant)
Article 252. (Suspension of Right to Vote and Eligibility for Election, of Persons Punished for Election Crimes)
Article 253. (Prescription of Crimes)
Article 254. (Notification of Punishment of Person Elected, etc.)
Article 255. (Application of Penal Provisions in the case of Absentee Voting)
Chapter XVII Supplementary Provisions(Articles 256 to 273)
Article 256. (Initial Date in reckoning the Term of Membership in the House of Representatives)
Article 257. (Initial Date in reckoning the Term of Membership in the House of Councillors)
Article 258. (Initial Date in reckoning the Term of Membership in Assemblies of Local Public Bodies and in Boards of Education)
Article 259. (Initial Date in reckoning the Term of Office of Chiefs of Local Public Bodies)
Article 260. (Terms of Vacancy-filling Members, and Supplementary Members and Vacancy-filling Members of Boards of Education)
Article 261. (Division of State Share and Local Public Body's Share of Election Administration Expenses)
Article 262. (Financial Measures for Election Administration Expenses common to all Elections)
Article 263. (Charges on the National Treasury of Election Administration Expenses of Members of House of Representatives and Members of House of Councillors)
Article 264. (Charges on the Local Public Bodies of Administration Expenses for Election of Assemblymen and Chiefs, as well as Members of Boards of Education of Local Public Bodies)
Article 265. (Exceptions for Special Cities)
Article 266. (Exceptions for Special Wards)
Article 267. (Exceptions for Organizations of Local Public Bodies)
Article 268. (Exceptions to Property Wards)
Article 269. (Application of this Law to Specified Cities)
Article 270. (Relation between Overseas Repatriates or Persons receiving Hospital Treatment and the Domicile Requisite)
Article 271. (Exception of Constituencies of Assemblymen of To, Do, Fu or Prefectures)
Article 272. (Orders, etc. concerning Enforcement)
Article 273. (Drafting of Cabinet Orders concerning Election and Entrusting of Election Business)
Supplementary Provisions
Appendix No.1
Appendix No.2
CHAPTER I General Provisions
(Aims of this Law)
Article 1. In compliance with the spirit of the Japanese Constitution, the present Law aims at the sound development of democratic government, by establishing an election system for the election of members of the House of Representatives, members of the House of Councillors, members of the assemblies, headmen of local public bodies and the members of the boards of education, and by securing fair and legitimate elections exercised by the freely expressed will of the voters.
(Scope of the Application of this Law)
Article 2. The present Law shall apply to the election of the members of the House of Representatives, members of the House of Councillors, members of the assemblies and headmen of local public bodies, and the members of the boards of education (excepting those members who shall be elected by the assemblies of local public bodies. The same shall apply hereinafter.).
(Definition of Public Office)
Article 3. A "public office" as used in this Law shall mean an office of the members of the House of Representatives, members of the House of Councillors, members of the Assemblies and headmen of local public bodies and the members of the boards of education.
(Fixed Number of Members)
Article 4. The fixed number of the members of the House of Representatives shall be four hundred and sixty-six (466).
2 The fixed number of the members of the House of Councillors shall be two hundred and fifty (250), of which one hundred (100) members shall be elected from the national constituency and one hundred and fifty (150) members shall be elected from the prefectural constituencies.
3 The fixed number of the members of the assemblies of local public bodies shall be determined by the Local Autonomy Law (Law No.67 of 1947).
4 The fixed number of the members of the boards of education shall be determined by the Board of Education Law (Law No.170 of 1948).
(Management of Election Business)
Article 5. The affairs pertaining to elections in this Law shall, unless it is specifically provided otherwise, be taken charge of by the National Election Administration Commission as for the members of the House of Councillors from the national constituency, by the Election Administration Commission of the To Do, Fu or prefecture as for the election of the members of the House of Representatives, members of the House of Councillors from prefectural constituencies, members of the assemblies and the governors of the To, Do, Fu and prefectures and the members of the boards of education of the To, Do, Fu and prefectures, and by the Election Administration Commission of city, town or village as for the election of the members of the assemblies, headmen and the members of the boards of education of cities, towns and villages.
(Publicity on the Matters concerning Election and the Prevention of Abstention from Voting)
Article 6. The National Election Administration Commission, the Election Administration Commission of the To, Do, Fu or prefecture, and the Election Administration Commission of city, town or village, shall keep the general electors informed of the method of voting, election violations, and other matters which are deemed especially necessary regarding elections, and shall also provide adequate measures for the prevention of abstention from voting.
2 Measures shall be taken to give necessary time to enable the electors to exercise their right of voting on the day of election, unless there exist special reason to be otherwise.
(Securing of Fairness in Regulation of Election)
Article 7. The public procurators, members of the Public Safety Commissions of To Do, Fu and prefectures, and police officers and policemen shall fairly execute the provisions on the regulation of elections.
(Exception concerning the Specified Areas)
Article 8. In islands or other places where communications are very difficult, special provisions may be provided for by Cabinet Order on matters to which the provisions of the present Law are difficult to apply.
CHAPTER II Voting Right and Eligibility
(Voting Right)
Article 9. Any Japanese national who is twenty (20) years of age or over shall have the right to vote in the election of the members of the House of Representatives and of the House of Councillors.
2 Any Japanese national who is twenty years of age or over, and has had his residence within the area of a city, town or village for three consecutive months at a given time, shall have the right to vote in the election of assemblymen, chiefs, or members of boards of education of the local public body.
3 Any person who has lived for three (3) consecutive months within the area of a city, town or village and who has been compelled to move his domicile, by natural calamity or an accident, into another city, town or village and yet has lived there less than three months, shall, on application to the Election Administration Commission of the city, town or village concerned, have the right for voting in the elections of the assemblymen, headman and the members of board of education of the city, town or village concerned, irrespective of the residential condition provided for in the preceding paragraph.
4 Any person who has been given a right to vote in accordance with the provision of the preceding paragraph shall have the right to vote in the elections of the assemblymen, the governors and the members of the board of education of the To, Do, Fu and prefecture.
5 The period of three (3) months prescribed by paragraph 2 shall not be interrupted by the creation, dissolution, union or division of a city, town or village, or an alteration of the boundary thereof.
(Eligibility)
Article 10. Any Japanese national shall be eligible for a member or headman of any of the following as set forth in each of the following items:
(1) For a member of the House of Representatives, a person who is over twenty-five (25) years of age;
(2) For a member of the House of Councillors, a person who is over thirty (30) years of age;
(3) For a member of the assembly of the To, Do, Fu or prefecture, a person who is over twenty-five (25) years of age;
(4) For the governor of the To, Do, Fu and prefectures, a person who is over thirty (30) years of age;
(5) For a member of the assembly of the city, town or village, a person who is over twenty-five (25) years of age, having voting right thereto;
(6) For the chief of the city, town or village, a person who is over twenty-five (25) years of age;
(7) For a member of a board of education, a person who is over twenty-five (25) years of age.
2 The age as mentioned in each of the items of the preceding paragraph shall be calculated according to the date of the election.
(Those who have neither the Right to vote nor Eligibility for Election)
Article 11. The persons mentioned in each of the following items shall have neither the right to vote nor eligibility for election:
(1) A person adjudged incompetent;
(2) A person who has been condemned to confinement or any heavier punishment and whose term of punishment has not been completed;
(3) A person who has been condemned to confinement or any heavier punishment and whose term of punishment is yet to be executed (except a person granted a stay of execution of sentence on a crime other than those concerning election, voting and popular examination to be held in accordance with the provisions of laws).
2 Those who have neither the right to vote nor eligibility for election due to the crimes concerning the election prescribed in this Law shall be provided for by Article 252 (Suspension of Right to Vote and Eligibility for Election, of persons punished for Election Crimes).
CHAPTER III Districts with Respect to Elections
(Units of Elections)
Article 12. The members of the House of Representatives, members of the House of Councillors from prefectural constituencies and members of the assembly of the To, Do, Fu or prefecture shall be elected in their respective electoral districts.
2 The members of the House of Councillors from the national constituency shall be elected through all the To, Do, Fu and prefectures.
3 The governors of the To, Do, Fu and prefectures and headmen of cities, towns or villages shall be elected in their respective local bodies.
4 In case electoral districts are provided for, the members of the asesembly of the city, town or vllage shall be elected in their respective electoral districts, whereas in case electoral districts are not provided for, they shall be elected in their city, town or village.
5 The members of the board of education of To, Do, Fu or prefecture, and also of city, town or village shall be elected in the local public body concerned.
(Electoral Districts of the Members of the House of Representatives)
Article 13. The number of the electoral districts of the members of the House of Representatives and the number of the members of the House of Representatives to be elected in each electoral district shall be fixed by Separate Table 1.
2 Even if an alteration takes place in the county (gun) districts or districts under the jurisdiction of local offices as mentioned in Separate Table 1, the electoral districts shall be the same as the former electoral districts. However, this shall not apply, in case a town or village has become a city in consequence of a change, covering two or more than two constituencies, in the boundaries of a city, town or village, or in case a city has become a town or village in consequence of a change in the county (gun) district, or a change in the area under the jurisdiction of the branch office. In this case, placement of the constituency of the newly created city shall be determined by a Cabinet Order.
(Electoral Districts of the Members of the House of Councillors from prefectural constituencies)
Article 14. The number of the electoral districts of the members of the House of Councillors from prefectural constituencies and the number of the members of the House of Councillors to be elected in each electoral district shall be fixed by Separate Table 2.
(Electoral Districts of the Members of the Assemblies of Local Public Bodies)
Article 15. The electoral districts of the members of the Assemblies of the To, Do, Fu and prefectures shall be the same as the districts of counties (gun) and cities.
2 In case the population of the abovementioned districts is very small, several districts may be combined into one electoral district by by-law.
3 In case where a district as mentioned in paragraph 1 has been set up during the term of office of the members of the To, Do, Fu or prefecture, if the number of the members allocated for the electoral district to which the district formerly belonged does not come up to the number of the electoral districts as provided for by the said paragraph, the district shall be regarded as not set up till the next general election in applying the provisions of the paragraph.
4 In the cases of the preceding two paragraphs, the necessary matters shall be provided for by Cabinet Order.
5 In case of special necessity, the city, town or village may set up an electoral district for the members of its assembly by by-laws. However, with regard to the city mentioned in Article 155 paragraph 2 (Designated cities with Wards) of the Local Autonomy Law, its wards shall be the electoral districts.
6 The electoral district to which an elector of assemblymen of the assembly of a ciy, town or village belongs shall be determined by his residence.
7 The number of the assemblymen of the assembly of a local public body to be elected in the respective electoral districts shall be provided for by by-laws in proportion to population.
(Change in Election Districts and Present Holder of Office)
Article 16. The present members of the House of Representatives, members of the House of Councillors from prefectural constituencies and members of the assembly of To, Do, Fu or prefecture and also of city, town or village shall not lose their offices, even if their electoral districts are varied in consequence of an alteration in administration boundaries.
(Polling Districts)
Article 17. The polling district shall be the same as the district of a city, town or village.
2 When the Election Administration Commission of city, town or village deems it necessary, the district of the city, town or village may be divided into several polling districts.
3 When polling districts have been set up in accordance with the preceding paragraph, the Election Administration Commission of the city, town or village shall immediately make a notification to that effect.
(Ballot-counting Districts)
Article 18. The ballot-counting district shall be the same as the district of a city, town or village.
2 When the Election Administration Commission of the To, Do, Fu or prefecture deems it necessary in connection wth the election of the members of the House of Representatives, of the members of the House of Councillors from prefectural constituences and of the assemblymen, and governors of the To, Do, Fu or prefecture and of the members of the board of education of the To, Do, Fu or prefecture, it may, notwithstanding the provisions of the preceding paragraph, divide the city districts into several ballot-counting districts or combine several towns and villages into one ballot-counting district.
3 When the Election Administraton Commission of the city, town or village recognizes special circumstances in the election of the assemblymen of the city, town or village, mayor and the members of the boards of education of cities, it may, notwithstanding the provisions of paragraph 1, divide the city, town or village into several ballot-counting districts.
4 When a ballot-counting district has been set up in accordance with the provisions of the preceding two paragraphs, the Election Administration Commission in charge of the affairs concerning the election concerned, must immediately make a notification to that effect.
CHAPTER IV The Electors'List
(Kind of Electors'Lists)
Article 19. There shall be one basic electors'list and its supplementary electors'list throughout all elections except the case where there is a special provision in this Law.
2 In the case where there is a necessity in holding election, an abstract of the list provided for in the preceding paragraph may be used.
(Preparation of the Basic Electors'List)
Article 20. The Election Administration Commission of city, town or village shall investigate annually as of September 15, all qualified persons who have been having their domiciles in the area of the city, town or village for over three months without interruption and prepare the basic electors'list by October 31.
2 In the case of the preceding paragraph, the age of electors shall be computated as of the date on which the electors'list is established.
3 The persons disqualified under the domicile requirement mentioned in paragraph 1, shall not be registered in the electors'list.
4 In the electors'list there shall be entered the full name, domicile, sex and date of birth of each elector.
5 The term of domicile mentioned in paragraph 1 shall not be affected by abolishment, division, amalgamation or alteration of the boundaries of city, town and village.
6 In the case where several polling districts are established by dividing the districts of city, town or village, each polling district shall prepare its own basic electors'list.
(Preparation of Basic Electors'List for Mariners)
Article 21. For the mariners (to refer to those provided for in Article 1 of the Mariners Law (Law No.100, 1947);hereinafter the same) who are disqualified under the domicile requirement provided for in paragraph 1 of the preceding Article, the Election Administration Commission of the city, town or village where the shipowner's main office or other office (either of them to refer to those registered) which handles the employment business of mariners is located, shall prepare annually the basic electors'list of them as of September 15 in the same manner shown in the preceding Article, despite the requirement concerning domicile provided for in the same paragraph and paragraph 3 of the same Article, in the case where the mariners mentioned above have been employed by the shipowner for the past three months without interruption till the abovementioned day.
2 The shipowner shall prepare the mariners list, at the request of the mariners, concerning the mariners to be registered in accordance with the provision of the preceding paragraph and present it annually to the Election Administration Commission of city, town or village concerned by October 10.
3 The provisions of paragraphs 2 and 4 of the preceding Article, shall apply mutatis mutandis to the preparation of the mariners list mentioned in the preceding paragraph.
4 Concerning the shipowner provided for in paragraphs 1 and 2, the provision of Article 5 (Ship's Husband, Lessee of a Vessel, etc.) of the Mariners Law shall apply mutatis mutandis.
5 The basic electors'list prepared in accordance with the provision of paragraph 1 shall be effective concerning only the election of the members of the House of Representatives and the election of members of the House of Councillors.
6 Excepting those as provided for in the preceding five paragraphs, the necessary matters for the preparation of the basic electors'list for mariners shall be prescribed by a Cabinet Order.
(Inspection of the Basic Electors'List)
Article 22. The Election Administration Commissions of city, town or village shall, at their respective offices or at places they designate, exhibit the basic electors'list for public inspection for a period of fifteen days commencing on November 15.
2 The Election Administration Commission of city, town or village shall announce the place of exhibition at least three days before inspection takes place.
(Raise of Objection)
Article 23. When an elector discovers omission or wrong registration in the basic electors'list, he may raise an objection in writing within the period of inspection to the Election Administration Commission of city, town or village concerned.
2 Upon the receipt of an objection mentioned in the preceding paragraph, the Election Administration Commission of city, town or village shall decide whether the objection is right or not within twenty days from the day on which the said objection was received. When the said objection is decided to be right, it shall correct the basic electors'list immediately and communicate so to the person who raised the objection and other persons concerned and make a public notification thereon. When the said objection was decided to be not right, it shall immediately notify so to the person who raised the objection.
3 The provision of Article 214 (Institution of Actions and Execution of Punishment) shall apply mutatis mutandis to the raise of objection mentioned in paragraph 1.
(Institution of Dissatisfaction)
Article 24. The person who raised the objection or the persons concerned, who are dissatisfied with the decision given under the provision of paragraph 2 of the preceding Article, may institute a lawsuit against the chairman of the Election Administration Commission of city, town or village concerned at the district court within seven days from the day on which the notice of the decision was received.
2 The person who is dissatisfied with the judgment given by the court mentioned in the preceding paragraph may appeal to the Supreme Court, although he may not lodge an appeal to a higher court.
3 The provisions of Article 213 (Disposal of Actions), Article 214 (Institution of Actions and Execution of Punishment) and Article 219 (Application of Lawsuit Provisions to Election Lawsuits), shall apply mutatis mutandis to the lawsuit mentioned in the preceding two paragraphs.
(Establishment of the Basic Electors'List)
Article 25. The basic electors'list shall be established on December 20.
2 The basic electors'list shall be kept until December 19 of the following year. However, when any correction is to be made in the list in pursuance of the final judgment of a court of law, or because a person has been registered on a supplementary electors list of a different city, town or village, the Election Administration Commission of city, town or village shall make the said correction and publish the fact.
(Preparation of Supplementary Electors'List)
Article 26. In the case where election (except the election mentioned in Article 117 paragraph 1 (Decisive Vote for Chief)) is to be held, the Election Administration Commission of city, town or village shall, if there is a person who has not been registered in either the basic electors'list or the supplementary electors'list, having the right to vote and moreover his domicile in the area of the city, town or village concerned for the past three months without interruption till the day as of the date of the election concerned, prepare the supplementary electors'list to register him in the list.
2 The person who had his domicile in the area of city, town or village for three months without interruption but has been forced to remove his domicile into the area of another city, town or village owing to natural calamity or accident may register himself in the supplementary electors'list mentioned in the preceding paragraph on his request under the provision of Article 9, paragraph 3 (Acquisition of Voting Right), despite the requirement concerning domicile mentioned in the preceding paragraph, even though the length of his residence in the latter city, town or village does not reach three months by the day of the election concerned.
3 In the case of the preceding two paragraphs, the requirements for the right to vote shall be examined as of the date of preparation of the supplementary electors'list. In this case, the age and period of domicile of the elector shall be computed as of the day of the election.
4 The provisions of Article 20 (Preparation of Basic Electors'List), paragraphs 4 to 6 inclusive, shall apply mutatis mutandis to the preparation of a supplementary electors'list.
5 In the case where the preparation of the supplementary electors'list is to be made in accordance with the provisions of the preceding four paragraphs, the Election Administration Commission of city, town or village shall exhibit for public inspection the basic electors'list and the supplementary electors'list which are in force at present, during the period for application for registration in the supplementary electors'list concerned.
(Inspection of Supplementary Electors'List)
Article 27. Upon the preparation of the supplementary electors'list, the Election Administration Commission of city, town or village shall exhibit it at the place they designate for public inspection.
2 The provision of Article 22, paragraph 2 (Announcement of Place of Exhibition of Basic Electors'List), shall apply mutatis mutandis to a public notification of the place of exhibition for public inspection of the supplementary electors'list.
3 The Election Administration Commission which administers, the affairs on the election concerned, shall prescribe the date and period concerning the preparation, inspection, settlement of objection and establishment, in connection with a supplementary electors'list, as well as the method and period, etc. for the request, and give a public notification in advance.
(Validity of Supplementary Electors'List)
Article 28. The supplementary electors'list shall be valid as long as the basic electors'list is valid. However, in the case where there is a person who had been registered in the supplementary electors'list on the day prior to the day of establishment of the basic electors'list and is not able to be registered in the basic electors'list, the part concerning such person shall be still valid.
2 The Election Administration Commission of city, town or village shall adjust the supplementary electors'list under the proviso in the preceding paragraph and prepare it anew.
(Presentation, etc. of Objection and Dissatisfaction against the Supplementary Electors'List)
Article 29. The provisions of Article 23 (Raise of Objection) Article 24 (Institution of Dissatisfaction) and the proviso to in Article 25 paragraph 2 (Correction of Basic Electors'List), shall apply to the supplementary electors'list.
(Re-preparation of Supplementary Electors'List)
Article 30. The Election Administration Commission of city, town or village, if necessary ownig to incidents such as natural calamity, accident and others, shall prepare the electors'list anew.
2 The date for re-preparation of the electors'list mentioned in the preceding paragraph as well as the date and period for inspection and establishment shall be provided for by a Cabinet Order.
CHAPTER V Date of Election
(General Election)
Article 31. The general election to be held due to the expiration of the full term of members of the House of Representatives shall be held within thirty (30) days prior to the day on which the term of the members expires.
2 In the case where the period in which the general election to be held in accordance with the provision of the preceding paragraph falls within the period of session of the Diet, or within thirty (30) days from the day of adjournment of the Diet, such a general election shall be held between the thirty-first (31) day and the thirty-fifth (35) day from the day of adjournment of the Diet.
3 The general election to be held due to the dissolution of the House of Representatives shall be held within forty days (40) from the day of dissolution.
4 The date of the general election shall be notified to the public at least thirty days in advance.
5 When the House of Representatives is dissolved after public notice was made of the date of general election to be held due to expiration of the full term of members of the House of Representatives, the public notice of the general election to be held due to expiration of the full term shall lose its validity.
(Ordinary Election)
Article 32. The ordinary election of members of the House of Councillors shall be held within thirty (30) days prior to the day of expiration of term of the members.
2 In the case where the period in which the ordinary election to be held in accordance with the provision of the preceding paragraph falls within the period of session of the House of Councillors or within thirty days from the day of adjournment of the House of Councillors, the ordinary election shall be held between the thirty-first day (31) and the thirty-fifty day (35) after the day of adjournment of the House of Councillors.
3 The date of ordinary election shall be notified to the public at least thirty days in advance.
(Common Election, Election due to Expiration of Term of Chief and Usual Election)
Article 33. The common election due to expiration of the full term of membership of an assembly of a local public body or election of chief due to expiration of his full term shall be held within thirty (30) days prior to the day of expiration of the respective term.
2 The common election due to dissolution of an assembly of a local public body shall be held within forty (40) days from the day of dissolution.
3 The dates of elections mentioned in the preceding two paragraphs shall be notified to the public at least thirty (30) days in advance in the case of elections in To, Do, Fu and prefecture, and at least twenty (20) days in advance in the case of elections in city, town and village.
4 When an assembly of a local public body is dissolved after public notice was made of the date of the common election due to expiration of the full term of the membership of local public body concerned, the public notice of the common election due to the expiration of term of the membership shall lose its validity.
5 Half the members of the boards of education shall be re-elected every two years.
6 The usual election under the provision of the preceding paragraph shall be held on the following day of the day of expiration of the term of the membership.
7 The provision of paragraph 3 shall apply mutatis mutandis to the public notification of the date of usual election.
(Other Elections)
Article 34. The re-election or by-election of members of the House of Representatives and members of the House of Councillors shall be held within forty (40) days from the day on which a cause to have it held happened;the re-election or by-election (including the election mentioned in Article 114 (Case where post of chief of local public body is vacated, or chief has proposed resignation)), of assemblymen and chief of a local public body, or the common election under the provision of Article 116, (Case where there are no members or persons elected) or re-election or by-election (except the by-election mentioned in Article 115 paragraph 7, (Expiration of term of supplementary member)) of members of the boards of education shall be held within fifty (50) days from the day on which a cause to have it held happened.
2 Among the elections mentioned above, the re-election or by-election, under the provision of Article 109, (Re-election) Article 110 (Re-election) or Article 113 (By-election), of members of the House of Representatives, members of the House of Councillors, assemblymen of local public bodies or members of the boards of education shall not be held, in the case where the cause to have he election held happens within six months prior to expiration of term of the members or members of the boards of education concerned (as to the members of House of Councillors or the boards of education, the term of those with the same term is referred to) However, this shall not apply to the re-election or by-election of members of assembly of local public body, in the case where the number of members becomes less than two third of the fixed number.
3 The election mentioned in paragraph 1 shall not be held, in the case of members of the House of Representatives and of the House of Councillors, during the period of litigation under the provisions of Article 204 (Lawsuit regarding the Validity of an Election) or Article 208 (Lawsuit regarding the Validity of Success in Election) concerning election which caused the election to be held, or during litigation at a law court;in the case of members of an assembly or chief of a local public body as well as members of the boards of education, during the period of presentation of objection, appeal or litigation of lawsuit under the provisions of Article 202 (Filing of Objections, and Appeals regarding the Validity of Elections), Article 203 (Lawsuits regarding the Validity of Elections), Article 206 (Filing of Objections and Appeals regarding the Validity of Success in Election) or Article 207 (Lawsuits regarding the Validity of Success in Election), or during the period of pendency of an appeal or litigation at law court.
4 The period mentioned in paragraph 1 shall be reckoned, from the day on which the notice that the lawsuit is not in pendency under the provision of Article 220 paragraph 1, (Information on Lawsuits concerning Election) is received by the Election Administration Commission which administers the affairs concerning the election concerned, in the case where there was a litigation of lawsuit mentioned in Article 203,204,207 or 208 concerning the election caused to be held;from the day on which the notice under the provision of Article 220, paragraph 2 is received by it in the case of the re-election due to the cause mentioned in Article 109 item 5;and from the day on which the notice under the provision of Article 254 (Notification of Punishment of Person Elected, etc.) is received by it in the case of the re-election due to the cause mentioned in Article 109, item 6.
5 The period mentioned in paragraph 1 shall be reckoned from the day on which the final notice under the provision of Article 111, paragraph 1 (Notice of Vacancy in Members, Chiefs, etc.) or under the provision of Article 110 (Speaker's Notification of Diet Vacancy) of the Diet Law (Law No.79, 1947)(only in the case of members of the House of Councillors from the National constituency) is received by the Election Administration Commission which administers the affairs concerning the election concerned, in the case of the by-election mentioned in paragraph 1, except the case where the provision of the preceding paragraph shall apply.
6 The date of election mentioned in paragraph 1, except the case where there is an exception, shall be notified to the public at least thirty days in advance in the case of election of members of the House of Representatives, members of the House of Councillors, members of assembly of governor of To, Do, Fu and prefecture as well as members of boards of education of To, Do, Fu and prefecture;and at least twenty days in advance in the case of election of members of assembly and chief of city, town and village as well as members of boards of education of city, town and village.
CHAPTER VI Votes
(Method of Election)
Article 35. Election shall be held by votes.
(One Vote per One Person)
Article 36. In each election, one person shall cast only one ballot. However, in the election of members of the House of Councillors, one person shall cast one ballot each for a member from a prefectural constituency and a member from the national constituency.
(Voting Overseers)
Article 37. There shall be voting-overseers in every election.
2 The voting-overseer shall be selected and appointed by the Election Administration Commission of city, town and village from among the persons who have the right to vote in the election concerned.
3 In the election of members of the House of Councillors, when an election of members from the prefectural constituency and an election of members from the national constituency are held at the same time, the Election Administration Commission of city, town and village may appoint the voting-overseer in the election of members from the prefectural constituency also as the voting-overseer in the election of members from the national constituency.
4 The voting-overseer shall be in charge of affairs concerning voting.
5 The voting-overseer shall lose his post, in case he has lost the right to vote in the election concerned.
(Voting-witnesses)
Article 38. The Election Administration Commission of city, town and village shall select and appoint three (3) to five (5) voting witnesses in each election from among those registered in the electors'list of each voting district upon the consent of the persons in question, and shall notify so to the persons by the third day prior to the date of the election.
2 When the number of the voting-witnesses to attend at the polling place of the number decreases later to less than three (3), the votingoverseer shall select and appoint voting witnesses to supplement up to three (3), from among those registered in the electors'list in the voting district concerned and shall have them to witness the voting by immediately notifying so to the persons in question.
3 The candidates for public office in the election concerned shall not be selected and appointed as voting-witnesses.
4 More than three (3) persons who belong to the same political party or any other political organization shall not be selected and appointed as voting-witnesses.
5 Voting-witnesses shall not resign their posts without justifiable reason.
(Polling Place)
Article 39. The polling-place shall be established in the city, town or village office or at the place designated by the voting-overseer.
(Opening and Closing Time of Polling Place)
Article 40. The polling-place shall be opened at 7 o'clock a. m. and closed at 6 o'clock p. m.
(Public Notification of Polling Place)
Article 41. The voting-overseer shall make a public notification of the polling place at least five days in advance from the date of election.
2 When the polling place notified to the public under the provision of the preceding paragraph has been changed due to a natural calamity or other unavoidable incident, the voting-overseer shall immediately notify so to the public despite the provision of the preceding paragraph, except on the day of the election.
(Registration in the Electors'List and Voting)
Article 42. No person who has not been registered in the electors'list shall vote. However, should any one come to the polling place on the day of election bringing with him a decision or writ of final judgment to the effect that he should be registered in the electors'list, the voting overseer shall allow him to vote.
2 In case a person who has been registered in the electors'list is a person who is not able to be registered in the electors'list, such person shall not vote.
(Voting by Persons without the Right to vote on the Day of Election)
Article 43. No person who does not have the right to vote on the day of election shall not vote.
(Voting at Polling Places)
Article 44. On the day of election, electors shall come in person to the polling place and vote, after having under-gone a reference to the electors'list or its abstract.
(Handing over and Form of Ballots)
Article 45. The ballot shall be handed over to the elector at the polling place on the day of election.
2 The form of the ballot shall be prescribed in an Order in the case of election of members of the House of Representatives and members of the House of Councillors, and shall be prescribed by the Election Administration Commission which administers the affairs concerning the election concerned in the case of election of members of assembly or headmen of a local public body as well as members of boards of education.
(Matters to be inscribed on the Ballot and Casting of the Ballot)
Article 46. The elector shall inscribe by himself on his ballot the full name of one candidate for public office in the election concerned, at a polling place and shall cast it into the ballot box.
2 No elector shall inscribe his own name on his ballot.
(Casting a Ballot inscribed with Braille)
Article 47. Concerning the inscription on the ballot, brailles as specified by Cabinet Order shall be regarded as letters.
(Voting by Proxy)
Article 48. The elector who is unable to inscribe by himself the name of a candidate for public office in the election concerned on account of his physical inability or illiteracy, may apply to the voting-overseer and have the person whom the voting-overseer designates upon hearing the opinions of the voting-witnesses to inscribe the full name of one of the candidates and cast it into the ballot box, despite the provisions of Article 46 (Matters to be inscribed on the Ballot, and Casting of the Ballot) paragraph 1, Article 50 (Identification of an Elector, and Rejection of Voting) paragraphs 4 and 5, and Article 68 (Invalid Ballots) paragraph 1.
2 In the case of the preceding paragraph, necessary matters shall be prescribed by a Cabinet Order.
(Voting by an Absentee)
Article 49. Concerning the voting by an elector who proves his inability in attending personally at the polling place and casting his ballot due to the causes mentioned below, special prescriptions may be provided by a Cabinet Order, despite the provisions of the proviso to Article 42 (Registration in the Electors'List, and Voting), paragraph 1, Article 44, (Voting at Polling Places) Article 45 paragraph 1 (Handing over of Ballots), Article 46 paragraph 1 (Matters to be inscribed in the Ballot, and Casting of the Ballot), Article 50 (Identification of an Election, and Rejection of Voting) and the preceding Article:
(1) The elector is required to be performing his duty or engaging in his business outside the area of a city or county where the voting district which he belongs to is located (in the case of a person who engages in a duty relating to an election, outside the area of the voting district which he belongs to);
(2) Besides the cases mentioned in the preceding item, the elector is required to be travelling or staying outside the area of a city or county where the voting district which he, belongs to is located, on account of an inevitable business or accident;
(3) Besides the cases mentioned in the preceding item, the elector is required to be in an extreme difficulty of walking on account of illness, injury, pregnancy, physical defect or confinement in childbed, or to be detained in prison or in a reformatory pending trial.
(Identification of an Elector and Rejection of Voting)
Article 50. In case the voting overseer is unable to identify whether a person who is going to cast a ballot is the elector or not, he shall have him declare to the effect that he is the elector himself. No person who refuses the said declaration shall cast a ballot.
2 The voting overseer shall arrive at a conclusion on the rejection of voting upon hearing the opinions of the voting witnesses.
3 In case an elector who receives the decision mentioned in the preceding item is dissatisfied with it, the voting overseer shall allow him to vote tentatively.
4 In regard to the voting mentioned in the preceding item, the voting overseer shall have the elector seal his ballot in an envelope, with his name written on it, and cast it into the ballot-box.
5 Concerning electors to whom the voting witnesses have objection, the preceding two paragraphs shall apply.
(Voting by Persons who have been ordered out)
Article 51. A person who has been ordered out of the polling place in accordance with the provisions of Article 60 (Maintenance of Order in the Polling Place) may vote at the end of the voting. However, the voting overseer may allow him to vote earlier, in case the voting overseer deems that there is no fear of the order in the polling place being disturbed.
(Maintenance of Secret in Voting)
Article 52. No person shall be under obligation to state the name of the candidate whom an elector has voted for.
(Closing of the Ballot-box)
Article 53. When the time for closing the polling place arrives the voting overseer, closing the entrance of the polling place upon announcing to that effect, shall close the ballot-box, awaiting the finish of voting by electors remaining in the polling place.
2 No person shall vote after the ballot-box is closed.
(Preparation of Voting Minutes)
Article 54. The voting overseer shall record all matters concerning the voting in the voting minutes which he shall prepare and shall sign on it with the voting witnesses.
(Delivery of the Ballot-box etc.)
Article 55. The voting overseer, except the case where he is concurrently the ballot-counting-overseer in the election concerned, shall, together with one or several voting witnesses, deliver the said ballot-box, voting minutes and the electors'list or its abstract to the ballot-counting-overseer on the day of election.
(Advanced Voting)
Article 56. In the case of islands or other places of poor means of transportation where circumstances are deemed to exist to the effect that the delivery of the ballot-box on the day of election is not available, the Election Administration Commission which administers the affairs concerning the election concerned (the To, Do, Fu or prefectural Election Administration Commission in the case of an election of members of the House of Councillors from the national constituency) may, fixing the date of voting at its discretion, have the ballot-box, voting minutes and the electors'list or its abstract delivered by the date of the ballot-counting.
(Deferred Voting)
Article 57. In case the voting is unable to be carried out on account of natural calamity or other unavoidable accident or it is necessary to take a vote anew, the Election Administration Commission which administers the affairs concerning the election concerned (the To, Do, Fu or prefectural Election Administration Commission in the case of an election of members of the House of Councillors from the national constituency) shall, fixing the date anew, have the voting carried out. However, the said date shall be notified to the public by the Election Administration Commission concerned at least five days in advance.
2 In the case where the causes mentioned in the preceding paragraph happen in the election of members of the House of Representatives, members of the House of Councillors, assembly or headmen of a local public body as well as members of the boards of education of To, Do, Fu or prefecture, the Election Administration Commission of city, town and village shall report to that effect to the Election Administration Commission of To, Do, Fu or prefecture through the election meeting chairman of the election concerned (in the case of election of members of the House of Councillors from the national constituency, through the election sub-meeting chairman).
(Persons Admissible into the Polling Place)
Article 58. No person other than the electors, persons engaging in the business of the polling place, persons who have the authority to watch the polling place as well as members of the National Rural Police and municipal police concerned.
(Request for Legal Disposition for Maintenance of Order in the Polling Place)
Article 59. The voting overseer shall maintain order in the polling place, and if he deems it necessary, may resuest for legal disposition to either members of the National Rural Police concerned or members of the municipal police.
(Maintenance of Order in the Polling Place)
Article 60. When any person makes a speech or debates, disturbing noises, or consultation or persuasion in connection with the voting, or disturbs the order of the polling place in any other way, the voting overseer may caution him against it and order him out of the polling place in case he disregards this caution.
CHAPTER VII Counting of Ballots
(Ballot-counting Overseers)
Article 61. There shall be ballot-counting overseers in every election.
2 The ballot-counting overseers shall be selected and appointed by the Election Administration Commissions of city, town or village from among those who have the right to vote in the election concerned.
3 In the case where the election of members from prefectural constituencies and the election of members from the national constituency are to be simultaneiusly held in regard to the election of members of the House of Councillors'the Election Administration Commissions of city, town or village may appoint the ballot-counting overseers in the election of members from prefectural constituencies also as the ballot-counting overseers in the election of members from the national constituency.
4 The ballot-counting overseer shall take charge of affairs pertaining to the counting of ballots.
5 The ballot-counting overseer shall lose his post, in case he has lost the right to vote in the election concerned.
(Ballot-counting Witnesses)
Article 62. A candidate for public office may select one person to be appointed a ballot-counting witness from among those registered on the electors'list of each ballot-counting district, with the consent of the person in question, and report it to the ballot-counting overseer by the third day prior to the day of election. However, reporting the same person shall not be precluded.
2 When the persons reported for ballot-counting witnesses in accordance with the provisions of the preceding paragraph (when the candidate for public office died or has declined such candidacy, the person reported by him shall be exculded. Hereinafter the same) do not exceed ten (10) in number, they shall be immediately appointed ballot-counting witnesses, but when the number exceeds ten (10), the persons reported shall mutually elect ten (10) ballot-counting witnesses.
3 The mutual election in accordance with the provisions of the preceding paragraph shall be conducted by vote, and the persons gaining majority votes shall be appointed ballot-counting witnesses. In case of a tie, the ballot-counting overseer shall decide it by lots.
4 Ballot-counting witnesses to be appointed from among the persons reported by candidates for public office who belong to the same political party or any other political organization shall not exceed three (3) in number in one ballot-counting district.
5 When there are more than three (3) persons reported by candidates for public office with affiliation of the same political party or other political organization among the persons reported in accordance with the provision of paragraph 1, persons other than the two persons who are decided by the ballot-counting overseer from among the persons abovementioned by lots, in the case where the ballot-counting overseer is able to decide the ballot-counting witnesses only upon receiving the reports despite the provisions of paragraphs 2 and 3;or other than the two (2) persons who obtain the largest and next largest number of ballots in the case where the ballot-counting witnesses shall be decided by mutual election (in deciding those two persons, the ballot-counting overseer shall decide them by lot if the number of ballots obtained by them are a tie) shall not be the ballot-counting witnesses.
6 When ballot-counting witnesses, who are reported by candidates for public office belonging to the same political party or any other political organization exceed three (3) in number, after the appointment of ballot-counting witnesses in accordance with the provisions of paragraph 2, paragraph 3 or the preceding paragraph, those other than the two persons who have been appointed ballot-counting witnesses by the ballot-counting overseer by lots, shall lose their offices.
7 The mutual election in accordance with the provisions of paragraph 2 or the drawing of lots in accordance with the provisions of paragraph 5 shall be conducted two days prior to the date of election.
8 The place and date for conducting the mutual election in accordance with the provisions of paragraph 2 or the drawing of lots in accordance with the provisions of paragraph 5 or paragraph 6, shall be notified beforehand to the public by the ballot-counting overseer.
9 When a candidate dies or resigns candidacy the ballot-counting witnesses reported by him shall lose their offices.
10 When the number of ballot-counting witnesses under the provisions of paragraph 2 does not reach three (3) or becomes less than three (3), or the number gathering at the time when the ballot-counting is scheduled to be held does not reach three (3) or becomes less than three (3) later, the ballot-counting overseer shall select and appoint ballot-counting witnesses until they reach three (3) in number altogether from the persons registered in the electors list in the ballot-counting district concerned and make them to attend the ballot-counting, by immediately notifying so to the person or persons concerned. However, persons belonging to the same political party or any other political organization to which the candidate who has reported the ballot-counting witnesses in accordance with the provisions of paragraph 2 belongs or to which the ballot-counting witnesses appointed by the ballot-counting overseer belongs, shall not be appointed as to exceed three (3) in number including the ballot-counting witnesses reported by the candidate concerned or the ballot-counting witnesses appointed by the ballot-counting overseer.
11 A candidate for public office in the election concerned shall not become a ballot-counting witness.
12 A ballot-counting witness shall not resign his office without justifiable reason.
(Establishment of Ballot-counting Offices)
Article 63. The ballot-counting office shall be established in the city, town or village office or at the place designated by the ballot-counting overseer.
(Notification of the Place and Date of Ballotcounting)
Article 64. The ballot-counting overseer shall notify the place and date of the ballot-counting in advance to the public.
(The Ballot-counting Day)
Article 65. The ballot-counting shall be done on the day of voting or on the day immediately following (in case more than one voting district exists within one ballot-counting district, on the day when all the ballot-boxes are received or on the day immediately following).
(Ballot-counting)
Article 66. The ballot-counting overseer, in the presence of the ballot-counting witnesses, shall, opening the ballot-box, examine first the ballots casted under the provisions of Article 50 (Identification of an Elector, and Rejection of Voting), paragraphs 3 and 5 and decide whether the ballots thus cast are acceptable or not upon hearing the opinions of the ballot-counting witnesses.
2 The ballot-counting overseer, with the ballotcounting witnesses, shall examine the ballots cast at each polling office after stirring them up at every ballot-counting district in the election concerned.
3 When the examination of the ballots cast is over, the ballot-counting overseer shall immediately report the result to the election meeting chairman (in the case of members of the House of Councillors, to the election sub-meeting chairman).
(Decision of Validity of Ballots in the case of of Ballot-counting)
Article 67. The validity of ballots shall be decided by the ballot-counting overseer upon hearing the opinions of the ballot-counting witnesses. In making the decision, in case the will of the elector who cast the ballot is clear, his ballot shall be made effective so far as it is not in violation of the provisions of Article 68 (Invalid Ballots).
(Invalid Ballots)
Article 68. The ballots mentioned below shall be invalid:
(1) Those for which the regular ballots have not been used;
(2) Those on which the name of a person other than a candidate for public office was inscribed, or the name of a person who is unable to be a candidate for public office in accordance with the provision of Article 87 (Prohibition of Double Candidacy), Article 88 (Restriction on Candidacy by the Persons engaged in the Election Business) or Article 89 (Restriction on Candidacy of Public Servants) was inscribed;
(3) Those on which the names of more than two candidates for public office were inscribed;
(4) Those on which the names of a person without eligibility was inscribed;
(5) Those on which other matters besides the name of a candidate for public office were inscribed. However, this shall not apply to those on which the profession, status, address or honorifics were inscribed;
(6) Those on which the name of candidate was not written by the voter himself;
(7) Those with an inscription by which the candidate for public office is unable to be identified.
2 In the case of re-election or by-election of members of the House of Representatives, members of the House of Councillors, members of the assembly of local public body or members of the boards of education in accordance with the provisions of Article 109 (Re-election), Article 110 (Re-election) or Article 113 (Byelection), the ballots on which the name of a person who is now in the office of member of the House or board concerned was inscribed shall also be invalid as in the case of the preceding paragraph.
3 In the ordinary election of members of the House of Councillors, those ballots on which the name of a person who holds the office of member of the House of Councillors with the longer term of office as a member from a prefectural constituency or from the national constituency, was inscribed, and in the ordinary election of members of a board of education, those ballots on which the name of a person who holds the office of member of a board of education with longer term of office was inscribed, shall also be invalid as in the case of paragraph 1.
(Visit of Inspection of the Ballot-counting)
Article 69. The electors may request for a visit of inspection of the ballot-counting at the ballot-counting office.
(Preparation of Counting Minutes)
Article 70. The counting overseer shall prepare the counting minutes, in which all matters relating to the ballot-counting shall be recorded, and shall affix his signature thereto together with that of the ballot-counting witnesses.
(Preservation of the Ballots, Voting Minutes and Counting Minutes)
Article 71. The valid and invalid ballots shall be classified, and shall be preserved by the Election Administration Commission of city, town or village together with the voting minutes and the counting minutes, during the term of office of the members or headman, elected in the election concerned.
(Counting of Ballots in Re-election due to the Partial Invalidity)
Article 72. In the counting of ballots in a reelection held in case a part of an election is declared invalid, the validity of ballots shall be ascertained.
(Postponed Ballot-counting)
Article 73. The provisions of the principal clause of Article 57 (Delayed Voting) paragraph 1, and provisions of paragraph 2 shall apply mutatis mutandis to the counting of ballots.
(Control of Ballot-counting Offices)
Article 74. The provisions of Article 58 (Persons admissible into the Polling Place), Article 59 (Request for Legal Disposition for Maintenance of Order in the Polling Place) and Article 60 (Maintenance of Order in the Polling Place), shall apply mutatis mutandis to the control of ballot-counting offices.
CHAPTER VIII Election Meeting and Election Sub-meeting
(Election Meeting Chairman and Election Sub-meeting Chairman)
Article 75. An election meeting chairman shall be appointed for each election.
2 In an election of the members of the House of Councillors from the national constituency, an election sub-meeting chairman shall be appointed for each To, Do, Fu or prefecture besides the election meeting chairman prescribed in the preceding paragraph.
3 The election meeting chairman shall be selected and appointed by the Election Administration Commission which administers the affairs relating to the election concerned from among the persons who have voting rights in the election concerned, and the election sub-meeting chairman shall be selected and appointed by the To, Do, Fu or Prefectural Election Administration Commission from among the persons who have voting rights in the election concerned.
4 The election meeting chairman shall take charge of the affairs relating to the election meeting, and the election sub-meeting chairman shall take charge of the affairs relating to the election sub-meeting.
5 The election meeting chairman and the election sub-meeting chairman shall lose their posts when they come to lose their voting rights in the election concerned.
(Election Witness)
Article 76. The provisions of Article 62 (Ballot-counting witnesses) shall apply mutatis mutandis to election witnesses of election meetings and election sub-meetings.
(Place of Election Meeting and Election Sub-meeting)
Article 77. The election meeting shall be held at the To, Do, Fu or prefectural office, or at the place designated by the election meeting chairman.
2 The election sub-meeting shall be held at the To, Do, Fu or prefectural office, or at the place designated by the election sub-meeting chairman.
(Place and Time of Election Meeting and Election Sub-meeting)
Article 78. The election meeting chairman or the election sub-meeting chairman shall give previous notice of the place and time of the election meeting or the election sub-meeting.
(Combination of Counting Affairs and Election Meeting Affairs)
Article 79. In cases where the district of the election meeting is identical with the ballot-counting district, in elections of the members of assembly and headman of local public body, and members of boards of education, the affairs relating to counting in the election concerned may be conducted at the election meeting place together with the affairs of the election meeting, notwithstanding the provisions of Chapter VII (Counting of Ballots) with the exception of Article 66 (Ballot-counting) paragraph 1 and paragraph 2, the latter half of Article 67 (Decision of Validity of Ballots in the case of Ballot-counting), and Article 68 (Invalid Ballots).
2 In the case where the affairs relating to ballot-counting are conducted combined with the affairs of the election meeting in accordance with the provisions of the preceding paragraph, the posts of counting overseer or counting witness shall be filled by the election meeting chairman or the election witness, and the particulars relating to the counting shall be put down additionally in the election minutes.
(Holding of Election Meeting or Election Sub-meeting)
Article 80. The election meeting chairman (excluding the election meeting chairman in an election of the members of the House of Councillors from the national constituency) or the election sub-meeting chairman shall hold an election meeting or an election sub-meeting on the day he received the reports according to the provisions of Article 66 paragraph 3 (Reporting of Results after Examination of Ballots) from all the counting overseers, or on the following day, examine the reports and count the total number of votes obtained by each candidate for public office, with the election witness attending.
2 In the case of paragraph 1 of the preceding Article, the election meeting chairman shall count the total number of votes obtained by each candidate for public office according to the results of inspection of the voting, notwithstanding the provisions of the preceding paragraph.
3 In case a part of an election becomes invalid and a re-election is hold, the election meeting chairman or the election sub-meeting chairman provided by paragraph 1, on receiving the report according to the provisions of Article 66 paragraph 3, shall examine it anew, together with the reports on the other part of the election, and count the total number of votes obtained by each candidate for public office, according to the instance of paragraph 1.
(Holding of Election Meeting in the case of the Members of the House of Councillors from the National Constituency)
Article 81. In an election of the members of the House of Councillors from the national constituency the election sub-meeting chairman shall, which the examination according to the provisions of paragraph 1 and paragraph 3 of the preceding Article has been concluded, immediately report the results to the election meeting chairman concerned, together with a copy of the election minutes.
2 The election meeting chairman of the preceding paragraph shall hold an election meeting on the day he received the reports of the preceding paragraph from all the election sub-meeting chairman, or on the following day, examine the reports and count the total number of votes obtained by each candidate for public office, with the election witness attending.
3 In case a part of an election becomes invalid and a re-election is held, the election meeting chairman concerned, on receiving the report of paragraph 1, shall examine it anew, together with the reports on the other part of the election, and count the total number of votes obtained by each candidate for public office, according to the instance of the preceding paragraph.
(Inspection of Election Meetings and Election Sub-meetings)
Article 82. The electors may request to be allowed to inspect the election meeting or election sub-meeting of their respective districts.
(Compilation of Election Minutes, and Preservation of Election Minutes and Other Documents concerned)
Article 83. The election meeting chairman or the election sub-meeting chairman shall compile the election minutes in which the particulars relating to the election meeting or the election sub-meeting shall be recorded, and shall affix his signature thereto together with the election witnesses.
2 The election minutes shall be preserved, together with the documents relating to the reports under the provisions of Article 66 paragraph 3 (Reporting of Results after Examination of Ballots)(in the case of elections of the members of the House of Councillors from the national constituency the documents relating to the reports under the provisions of Article 81 paragraph 1 (Election Sub-meeting chairman's report to Election Meeting Chairman)), by the Election Administration Commission which administers the affairs relating to the election concerned (the Election Administration Commission of the To, Do, Fu or prefecture concerned with regard to the election minutes concerning the election sub-meeting), throughout the terms of office of the members, headmen, or members of boards of education, who were returned by the election concerned.
3 In the case of Article 79 (Combination of Counting Affairs and Election Meeting Affairs), the valid and invalid votes shall be classified, and preserved, together with the voting minutes and the election minutes, by the election administration commission which administers the affairs relating to the election concerned, throughout the terms of office of the members, and headmen, or members who were elected in the election concerned.
(Postponement of Election Meeting or Postponement of Election Sub-meeting)
Article 84. The principal sentence of paragraph 1 of Article 57 (Delayed Voting), shall apply mutatis mutandis to election meetings and election sub-meetings.
(Supervision over the Election Meeting Place and the Election Sub-meeting Place)
Article 85. The provisions of Article 58 (persons admissible into the Voting Place), Article 59 (Request for Legal Disposition for Maintenance of Order in the Polling Place) and Article 60 (Maintenance of Order in the Polling Place), shall apply mutatis mutandis with regard to supervision over the election meeting place and the election sub-meeting place.
CHAPTER IX Candidates for Public Office
(Notification, etc. of Candidacy by Candidate for Public Office)
Article 86. A person who intends to be a candidate for public office shall so notify the election meeting chairman in a written document during the period from the day the public notice or notification of the date of the election concerned was made to the tenth day before the date of election, in the case of those for members of the House of Representatives, members of the House of Councillors from prefectural constituencies, the members of the assembly and the headman of local public body as well as members of the boards of education;and to the twentieth day before the date of election in the case of those for the members of the House of Councillors from the national constituency.
2 In case a person whose name is registered in the electors'list intends to name a person other than himself to a candidate for public office, he may, with the consent of the said person, make the recommendation in document during the period as provided for in the preceding paragraph.
3 Regarding the election of the members of the House of Representatives, members of the House of Councillors, members of the assembly of local public body and members of the boards of education, in the case where the number of candidates named during the period stated in the preceding two paragraphs exceeds the number of members to be elected, and the candidate dies or withdraws his candidacy after the said period, according to the preceding two paragraphs, in the case of election of the members of the House of Representatives, members of the House of Councillors from prefectural constituencies and members of the assembly of local public body, by the third day before the day of the election;and in the case of election of the members of the House of Councillors from the national constituency, by the tenth day before the date of the election;notice of or recommendation for candidates may be made.
4 Regarding the election of the chief of a local public body;in the case where there are more than two candidates who completed their notification during the periods as provided for in paragraphs 1 and 2, when the candidates concerned die or withdraw their candidacy after the said period, notice of or recommendation for candidates in the said election may be made in accordance with the abovementioned two paragraphs by the third day before the date of the election.
5 Regarding the election of the chief of a local public body;in the case where there are more than two candidates who have done their notifications in accordance with the provisions in paragraphs 1, 2 and the preceding paragraph, when the candidates concerned become one person by the day before the date of election owing to death or resignation of other candidates, the date of election shall be deferred to the fifth day after the date in the public notification under the provisions of Article 33 (Election due to Expiration of Term of Chief) paragraph 3 Article 34 (Other Elections) paragraph 6, or Article 119 (Simultaneous Elections) paragraph 3. In this case, the Election Administration Commission which administers the affairs of the election concerned shall make notification to that effect immediately.
6 In the cases of preceding paragraph and paragraph 2, Article 126 (Deferment of the Voting Date in the case of only One Candidate for the Chief), notification of or recommendation for the candidate for the chief of local public body concerned may be made, according the example of paragraph 1 or 2 during the period from the day on which the notification was done to the third day before the date of the election concerned.
7 No candidate for a public office shall resign his candidacy without making notification to the election meeting chairman.
8 In case the notification as provided for in paragraphs 1 to 4 inclusive, paragraph 6 and the preceding paragraph is made, or in the case where the candidate for public office died or came under the provision of Article 91 (Case where one is regarded as having regarded Candidacy due to his acquirement of the Status of Public Servant) came to the knowledge of the election meeting chairman, he shall immediately make the notification to that effect and report so to the Election Administration Commission which administers the affairs concerning the election concerned.
(Prohibition of Double Candidacy)
Article 87. No person who becomes a candidate for a public office in one constituency shall be simultaneously a candidate for the public office in any other constituency in the election concerned.
2 In the election of the members of the House of Councillors, no person who becomes a candidate for a member of the House of Councillors from the national constituency shall be simultaneously a candidate for a member from a prefectural constituency in the election concerned, and no person who becomes a candidate for those from a prefectural constituency shall be a candidate for a member from the national constituency in the election concerned.
3 In the case where elections are to be held simultaneously in accordance with the provisions of Article 119 paragraph 1 or paragraph 2 (Elections to be held simultaneously), no person who has become a candidate for public office in one election shall simultaneously be a candidate for public office in any other election.
4 No person who becomes a candidate for a member of one of the boards of education shall be simultaneously a candidate for a member of any other board of education.
(Restriction on Candidacy by the Persons engaged in the Election Business)
Article 88. No person listed in the following each item shall be a candidate for public office in the election concerned during his tenure of office within the related constituency:
(1) Voting overseers;
(2) Ballot counting overseers;
(3) Election meeting chairman or election submeeting chairman.
(Restriction on Candidacy of Public Servants)
Article 89. No public servant of the State or local public body shall be a candidate for public office during his term of office. However, this shall not apply to persons listed in the following items:
(1) Prime Minister, other Minister of State, Director of Cabinet Secretariat and Parliamentary Vice-Minister;
(2) Persons other than technicians, talented persons, supervisors and persons in charge of administrative business, and designated by Cabinet Order;
(3) Persons other than those mentioned in the preceding items and who are solely in the office of committee members, advisers, councillors, and others in offices corresponding to these abovementioned and designated by Cabinet Order.
2 In the case where the general election due to the termination of terms of office of the members of the House of Representatives or the ordinary election of the members of the House of Councillors is held, the members in question of the House of Representatives or the House of Councillors may become candidates in that election during their term of office, despite the principal clause of the preceding paragraph. This shall apply to the case where the members of the assembly, chief of a local public body or the member of a board of education intends to be a candidate in the election of the members of the assembly, chief, or member concerned due to the termination of term of their offices.
3 The provision of the principal clause of paragraph 1 shall not affect the status of the public servant of the State or local public bodies which is concurrently held by the persons mentioned in the same paragraph items 1 and 2, as well as by the persons as provided for in the preceding paragraph.
(Retirement of Public Servant for Candidacy)
Article 90. In case a public service personnel who is not authorized to be a candidate for public office under the provision of the preceding Article makes a proposal to resign his status of public servant for the purpose of becoming a candidate for public office, he will be deemed to have resigned the status of public servant on the day corresponding to the fifth day after his tendering of resignation, despite the provisions of laws and regulations concerning the resignation of the public servant concerned in the case where he is not able to resign within five days after the presentation of his resignation.
(Case where one is regarded as having Resigned Candidacy due to his Acquirement of the Status of Public Servant)
Article 91. In the case where a person, whose notification of candidacy or recommendation as candidate for public office was made in accordance with the provisions of paragraphs 1 to 4 inclusive and paragraph 6 of Article 86 (Notification, etc. of Candidacy by Candidate for Public Office), becomes a person who is not able to be a candidate for public office in accordance with the provisions of Article 88 (Restriction on Candidacy by Persons engaged in the Election Business) or Article 89 (Restriction on Candidacy of Public Service Personnel), he shall be regarded as having resigned the candidacy for public office.
(Deposit)
Article 92. Except the case of election of the members of the assembly and headman of town and village as well as of the members of the board of education of town and village, the person who wants to be a candidate or who wants to recommend a candidate for public office shall deposit per each candidate for public office the amount of cash according to the classification of the following each item, or national bonds of the corresponding face-value:
(1) Election of members of the House of Representatives 30,000 yen
(2) Election of members of the House of Councillors 30,000 yen
(3) Election of the members of the assembly of To, Do, Fu or prefecture 10,000 yen
(4) Election of governors of To, Do, Fu or prefectures 30,000 yen
(5) Election of members of the assembly of a city 5,000 yen
(6) Election of mayors of cities 15,000 yen
(7) Election of members of the Board of Education of To, Do, Fu or prefecture 10,000 yen
(8) Election of members of the Board of Education of a city 5,000 yen
(Confiscation of Deposit)
Article 93. In the case where number of ballots obtained by a candidate does not reach the number prescribed in the following each item, the deposit stated in the preceding Article shall revert to the National Treasury in the election of members of the House of Representatives and members of the House of Councillors;to the To, Do, Fu and prefectures concerned in the election of the members of assembly and governor of To, Do, Fu and prefectures as well as members of the boards of education of To, Do, Fu and prefectures;and to the city in the election of the members of assembly and mayor of the city as well as members of the board of education of a city:
(1)Election of members of the House of Representatives
-One-fifth of the number obtained by division of the total number of the valid ballots by the fixed number of the members in the constituency concerned;
(2)Election of members of the House of Councillors from the national constituency
-One-tenth of the number obtained by division of the total number of the valid ballots by the fixed number of the members in the ordinary election;
(3)Election of members of the House of Councillors from the prefectural constituency
-One-eighth of the number obtained by division of the total number of the valid ballots by the fixed number of the members in the constituency concerned in the ordinary election. However, in the case where the number of members to be elected exceeds the fixed number of members in the constituency concerned in the ordinary election, one-eighth of the number obtained by division of the total number of the valid ballots by the number of the members to be elected;
(4)Election of the members of assembly of To, Do, Fu, prefectures and cities
-One-tenth of the number obtained by division of the total number of the valid ballots by the fixed number of the members in the constituency concerned (in case there is no specific constituency, by the fixed number of the members);
(5)Election of governor of To, Do, Fu or prefecture, and mayor of a city
-One-tenth of the total number of the valid ballots;
(6)Election of members of the boards of education of To, Do, Fu, prefecture and city
-One tenth of the number obtained by division of the total number of valid ballots by the fixed number of the members in the ordinary election. However, in the case where the number of the members to be elected exceeds the fixed number of the members in the ordinary election, one-tenth of the number obtained by division of the total number of the valid ballots by the number of the members to be elected.
2 The provisions of the preceding paragraph shall apply mutatis mutandis to the case where a candidate for public office resigns his candidacy within ten days period to the date of the election concerned. However, this shall not apply to the case where the candidate comes under the provisions of Article 91 (Case where one is regarded as having resigned Candidacy due to his acquirement of the Status of Public Servant).
(Bearing the Part of Expenses required for Public Management)
Article 94. A person who intends to notify his candidacy or to make recommendation of candidate for public office in the election of members of the House of Representatives, members of the House of Councillors, governor of the To, Do, Fu and prefectures or members of the boards of education of To, Do, Fu and prefectures, shall pay in advance 20,000 yen for each candidate for public office (10,000 yen for each candidate for member of the board of education of To, Do, Fu and prefectures) in cash or national bonds of the corresponding face value to the National Treasury in the case of elections of members of the House of Representatives and members of the House of Councillors, and to the To, Do, Fu or prefecture concerned in the case of elections of governors of the To, Do, Fu and prefectures or members of boards of education of To, Do, Fu and prefectures, as a share of the expenses required for the public management concerning the election campaign.
2 The things delivered in accordance with the provisions of the preceding paragraph shall not be returned in any case including the case where the candidate concerned dies or resigns his candidacy by the date of election. However, only in the case where the notification of candidacy by the candidate for public office or recommendation was not made, shall they be returned.
3 A person who made the delivery under the provisions of paragraph 1 shall not be required to make the delivery as provided for in paragraph 1, in the case where the reelection is held in accordance with the provisions of Article 109 (Re-election) or Article 110 (Re-election) in the constituency concerned, and the notification of his candidacy or recommendation of the candidate for public office has to be made again.
CHAPTER X Persons Elected
(Persons Elected)
Article 95. In all elections the candidate who has obtained the greatest number of valid ballots cast shall be declared elected. However, the number of ballots obtained shall not be less than the numbers classified in the following each item:
(1)The election of members of the House of Representatives:
-more than one fourth of the number obtained by division of the total number of the valid ballots by the fixed number of members in the constituency concerned;
(2)The election of members of the House of Councillors (from the national constituency):
-more than one-eighth of the number obtained by division of the total number of the valid ballots by the fixed number of members in the ordinary election;
(3)The election of members of the House of Councillors (from a prefectural constituency):
-more than one-sixth of the number obtained by division of the total number of the valid ballots by the fixed number of the members in the constituency concerned in the ordinary election. However, in the case where the number of members to be elected exceeds the fixed number of members in the ordinary election in the constituency concerned, one-sixth of the number obtained by division of the total number of valid ballots by the number of members to be elected in the election concerned;
(4)The election of assemblymen of local public bodies:
-more than one-fourth of the number obtained by division of the total number of the valid votes by the fixed number of members in the constituency concerned (in case there is no specific constituency, by the fixed number of the assemblymen);
(5)The election of the chief of a local public body:
-more than three-eighths of the total number of the valid ballots;
(6)The election of members of the boards of education:
-more than one-fourth of the number obtained by division of the total number of valid ballots by the fixed number of members in the ordinary election. However, in the case where the number of members to be elected exceeds the fixed number of members in the ordinary election, more than one-fourth of the number obtained by division of the total number of valid ballots by the number of members to be elected in the election concerned.
2 In determining the person elected, if the number of ballots obtained by the candidates is a tie, the election meeting chairman shall determine the choice by drawing lost at the election meeting.
(Rectified Determination of Persons Elected)
Article 96. In the case where the determination of the person elected is able to be done without holding election in consequence of a filing of an objection, presentation of an appeal or institution of a law-suit under the provisions of Article 202 (Filing of Objections and Appeals regarding the Validity of Elections) paragraphs 1 or 3, Article 203 (Lawsuits regarding the Validity of Elections) paragraph 1, Article 204 (Lawsuits regarding the Validity of Elections), Article 206 (Filing of Objections and Appeals regarding the Validity of Success in Election), Article 207 (Lawsuit regarding the Validity of Success in Election) paragraph 1, or Article 208 (Lawsuits regarding the Validity of Success in Election) paragraph 1, the person elected shall be determined by immediately holding an election meeting.
(Carrying up as the Persons Elected)
Article 97. In the case where the person elected is found dead or where he is disqualified in accordance with the provisions of Article 99 (Forfeiture of Eligibility), Article 103 (Failure to resign from a Prohibited Concurrent Office) or Article 104 (Failure of Person elected as Chief to Discontinue a Contract, etc.), an election meeting shall be immediately held and the person elected shall be determined from among the persons who obtained ballots under the provisions of proviso to Article 95 paragraph 1 (Minimum number of ballots to be obtained) or the obtainer of ballots to whom the provisions of Article 118 paragraph 2 (Cases of a Tie in a Decisive Vote of a Chief) applied, and who did not become the person elected.
2 In regard to the election of members of the House of Representatives, members of the House of Councillors and assemblymen of local public bodies, the election meeting shall be immediately held and the person elected shall be decided from among the persons, if any, who obtained the ballots under the provision of the proviso to Article 95 paragraph 1 but did not become the person elected in the case where the causes mentioned in Article 109 (Re-election) item 5 or 6, have happened within three months after the date of election, or the persons if any, who obtained the ballots but did not become the person elected under application of the provision of Article 95 paragraph 2 (Case of a tie) in the case where these causes have happened after three months have elapsed since the date of election.
3 In the election of the chief of a local public body, when there are persons who obtained the ballots, but did not become the person elected under application of the provision of Article 95 paragraph 2 or Article 118 paragraph 2, while the causes mentioned in Article 109 paragraph 5 or 6 have happened within three months after the date of the election concerned, an election meeting shall be held immeidately and the person elected shall be determined from among the persons abovementioned.
4 In regard to the election of members of the boards of education, the election meeting shall be immediately held and the person elected shall be determined from among the per ons, if any, who obtained the ballots but did not become the person elected under application of the provision of Article 95 paragraph 2, in the case where the causes mentioned in Article 109 paragraph 5 or 6, have happened.
5 In the case where the person elected is unable to be decided in accordance with the provision of the preceding paragraph, the election meeting shall be held and the person elected shall be decided from among the persons who obtained the ballots under application of the provision of the proviso to Article 95 paragraph 1, but did not become the persons elected.
(Forfeit of Eligibility and Determination of the Persons Elected)
Article 98. In the case of the preceding two Articles, when the persons who obtained ballots under the proviso to Article 95 paragraph 1 (minimum number of ballots to be obtained), or the persons who obtained ballots but did not become the persons elected under application of the provisions of Article 95 paragraph 2 (Case of a tie) or Article 118 paragraph 2 (Case of a tie in a Decisive Vote for a Chief), forfiet their eligibilities, after the date of election concerned, they shall not be determined as persons elected.
(Disqualification of a Person Elected due to his Forfeiture of Eligibility)
Article 99. A success in election shall be invalidated in case the person elected is disqualified for election after the date thereof.
(Election without Contest)
Article 100. In the election of members of the House of Representatives, members of the House of Councillors, members of the assembly of a local public body, or members of a board of education, no voting shall be held, when the number of candidates reported according to the provisions of Article 86 (Notification, etc., of Candidacy by Candidate for Public Office) paragraphs 1 to 3 inclusive does not exceed or comes not to exceed the fixed number of members to be elected in the election concerned, and no voting shall either be held, in the election of the chief of a local public body, when the number of the candidates reported according to the provisions of Article 86 paragraphs 1, 2 and 4 or 6 is or becomes only one.
2 When it is unnecessary to hold a voting according to the provisions of the preceding paragraph and Article 127 (Success in Election without Votes, in Simultaneous Elections), the election meeting chairman shall so notify to each voting overseer in the election concerned as well as to the public, and also report it to the Election Administration Commission which administers the affairs of the election concerned.
3 On receipt of the notice of the preceding paragraph, the voting overseer. shall notify it to the public immediately.
4 In the case mentioned in paragraph 1 and Article 227, the election meeting chairman shall hold an election meeting within five days from the date of the election and determine the candidate for the public office concerned as the person elected.
5 In the case of the preceding paragraph the election meeting chairman shall determine the validity of eligibility of the candidate for the public office concerned upon hearing the opinions of the election witnesses.
(Report, Notice, Notification in case of Determination of a Person Elected)
Article 101. When the person elected was decided, the election meeting chairman shall immediately report the name and address of the persons elected, the number of ballots they obtained, and the total number of ballots each candidate obtained in the election and other relevant matters to the Election Administration Commission which administers the affairs concerning the election.
2 On receipt of the report mentioned in the preceding paragraph, the Election Administration Commission which administers the affairs of the election concerned shall immediately notify the persons elected of their election, and shall make a notification of the names and addresses of the persons elected.
In the election of members of the assembly or the chief of the city, town or village, as well as members of its board of education such report shall also be made to the Election Administration Commission of To, Do, Fu and prefectures.
(Validation of Success in Election)
Article 102. Validity of election of the person elected shall come into force as from the day on which the notification of the person elected is made in accordance with the provisions of the preceding Article, paragraph 2.
(Disqualification of the Person Elected in case of his Failure to Resign a Prohibited Concurrent Office)
Article 103. In the case where the person elected who holds an office which is prohibited under the provisions of laws to be held concurrently with the office of assemblymen, chiefs or members of boards of education to be elected in the election concerned, he shall lose his election, if he fails to notify the Election Administration Commission which administers the affairs concerning the election concerned to the effect that he has resigned from that office, within five days from the day on which he received the notice of his election under the provisions of Article 101, paragraph 2 (Notice of Determination of Person Elected).
2 In the case of the preceding paragraph, when the public servant provided for in the same paragraph notifies his intention of resignation, he shall be regarded as having resigned on the day he made the notification from the status of public servant concerned, despite the provisions of the laws and regulations concerning retirement of the public servant concerned.
(Disqualification of the Person Elected as a Chief in case of his Failure to discontinue his Contract etc.)
Article 104. The person elected in the election of the chief of a local public body, who has connections, as provided for in Article 142 (Prohibition of Chief's entering into a Contract) of the Local Autonomy Law, with the local public body concerned, shall lose his election in case he fails to notify the Election Administration Commission which administers the affairs of the election concerned of his no longer having connections as provided for in the same Article of the same law within five days since the day on which he is notified of his election under-the provisions of Article 101, paragraph 2 (Notice of Determination of Person Elected).
(Conferment of Election Certificates and Notifications)
Article 105. Except the case as provided for in the two preceding Articles, the Election Administration Commission which administers the affairs of the election concerned shall confer the certificates to the persons elected concerned as soon as the validities of election of persons elected come into force in accordance with the provisions of Article 102 (Validation of Success in Election).
2 As to the person elected who does not lose the election under the provisions of the two preceding Articles, the Election Administration Commission which administers the affairs of the election concerned shall immediately confer the election certificate upon the receipt of notification as provided for in the provisions of the preceding two Articles.
3 When the election certificate is conferred in accordance with the provisions of two the preceding Articles, the Election Administration Commission which administers the affairs of the election concerned shall make notifications to the effect as well as of the name and address of the person elected.
(Report and Notification in the case where there is no Person Elected, etc.)
Article 106. When there is no person elected or when the number of persons elected does not reach the fixed number of members or members of boards of education in the election, the election meeting chairman shall immediately report the fact to the Election Administration Commission which administers the affairs of the election concerned.
2 When the Election Administration Commission which administers the affairs of the election concerned receives the report prescribed in the preceding paragraph, it shall immediately make a notification to that effect.
(Notification of Invalidity of Election or Success in Election)
Article 107. When an election or success in election emerges as invalid owing to a suit instituted under the provisions of Chapter XV (Actions), or when success in election of a person elected emerges as invalid in accordance with the provisions of the former half of Article 251 paragraph 1 (Crimes committed by Person Elected), the Election Administration Commission which administers the affairs of election concerned shall make a notification to that effect.
(Reports concerning Success in Election etc.)
Article 108. In the cases mentioned in the three preceding Articles, the Election Administration Commission which administers the affairs of the election concerned shall immediately make a report to that effect in accordance with the following classification correspondingly:
(1) In the elections of members of the House of Representatives and of members of the House of Councillors (from prefectural constituency), through the governor of To, Do, Fu and prefecture, to the National Election Administration Commission;
(2) In the election of Governor of To, Do, Fu and prefecture;to the Prime Minister;
(3) In the election of members of the assembly of To, Do, Fu or prefecture, to the governor of To, Do, Fu and prefecture;
(4) In the election of the chief of city, town or village;to the governor of To, Do, Fu and prefecture and the Election Administration Commission of To, Do, Fu and prefecture;
(5) In the election of members of the assembly of city, town or village;to the governor of To, Do, Fu and prefecture, the Election Administration Commission of To, Do, Fu and prefecture, and the Chief of city, town or village;
(6) In the election of the members of a board of education of To, Do, Fu and prefecture;
(7) In the election of the members of a board of education of city, town and village;to the boards of education of To, Do, Fu and prefecture, and city, town and village, as well as the Election Administration Commission of To, Do, Fu and prefecture.
2 Upon receipt of the report to the effect that the certificates of success in election were conferred in accordance with Article 105 (Conferment of Election Certificates and Notifications) concerning the elections of members of the House of Representatives or members of the House of Councillors (from prefectural constituency) by virtue of the provisions of the preceding paragraph, or upon conferment of the certificates of success in election to the persons elected in the election of members of the House of Councillors (from prefectural constituency), the National Election Administration Commission shall immediately report to that effect as well as the names and addresses of the persons elected to the Speaker of the House of Representatives or the President of the House of Councillors respectively.
CHAPTER XI Special Elections
(Re-election of Members of the House of Representatives, Members (from prefectural constituency) of the House of Councillors, Chiefs of Local Public Bodies or Members of the Board of Education)
Article 109. In the case where any one of the causes stated in the following items happened in the election of members of the House of Representatives, members (from prefectural constituency) of the House of Councillors (those of the same tenure of office), chiefs of local public bodies or members of boards of education (those of the same tenure of office), the Election Administration Commission which administers the affairs concerning the election concerned shall fix the date of election, make the notification of it and cause the re-election to be held except the case where the person elected is able to be determined in accordance with the provisions of Article 96 (Rectified Determination of Person Elected), Article 97 (Carrying us as the Person elected), and Article 98 (Forfeit of Eligibility and Determination of the Persons Elected). However, this shall not apply to the case where the notification of the date of election is made under any cause other than those mentioned below or in accordance with the provisions of Article 113 (By-Election) or Article 114 (Elections in the case where the post of chief is vacated, on resignation is tendered) in regard to the same person concerned:
(1) In the case where there is no person elected or the number of persons elected does not reach the fixed number of the members or members of the board of education to be elected in the election concerned;
(2) In the case where the person elected emerges to be dead;
(3) In the case where the person elected loses the success in election in accordance with the provisions of Article 99 (Forfeiture of Eligibility), Article 103 (Failure to Resign a Prohibited Concurrent Office) or Article 104 (Failure of Person Elected as Chief to Discontine a Contract).
(4) In the case where there is no person elected as a result of the filing of an objection, an appeal, or a lawsuit, in accordance with the provisions of Article 202 (Filing of Objection, and Appeal regarding Validity of Election), Article 203 (Lawsuit regarding Validity of Election), Article 204 (Lawsuit regarding Validity of Election), Article 206 (Filing of Objection, and Appeal regarding Validity of Success in Election), Article 207 (Lawsuit regarding Validity of Success in Election) or Article 208 (Lawsuit regarding Validity of Success in Election), or in the case where the number of persons elected does not reach the fixed number of members or members of boards of education to be elected in the election concerned;
(5) In the case where the success in election of the person elected becomes in-valid as a result of a lawsuit in accordance with the provisions of Article 210 (Payment in Excess of the Limited Amount of Election Campaign Expenses), Article 211 (Election Crime by General Manager of Election Campaign), or Article 212 (Accountant's Violation of Obligation to submit Report);
(6) In the case where the success in election of the person elected becomes invalid in accordance with the provisions of the former half of Article 251 paragraph 1 (Election Crime by Person Elected).
(Re-election of Members from the National Constituency of the House of Councillors and Assemblymen of Local Public Bodies)
Article 110. In the case where any one of the causes mentioned in the items of the preceding Article arises in the election of members (from the National Constituency) of the House of Councillors (those to the same tenure of office) or assemblymen of a local public body, the Election Administration Commission which administers the affairs of the election concerned shall cause the re-election to be held according to the example of the preceding Article in the case where the deficit number of persons elected in the election concerned comes under any of the following items, except the case where the persons elected may be determined in accordance with the provisions of Article 96 (Rectified Determination of Person Elected), Article 97 (Carrying up as Person Elected) and Article 98 (Forfeit of Eligibility and Determination of Person Elected):
(1) In the case of the members (from the national constituency) of the House of Councillors (those of the same tenure of office), when the number of shortage exceeds onequarter (1/4) of the fixed number of members in the regular election, together with the number of vacancies mentioned in Article 113 paragraph 1 (By-Election);
(2) In the case of To, Do, Fu and prefectural assemblymen, when the number in shortage becomes two or more together with the number of vacancies mentioned in Article 113 paragraph 1, within the same constituency. However, when even one member becomes lacking in the case of constituencies where the fixed number of members is one;
(3) In the case of city, town or village assemblymen, when the number in shortage exceeds one-sixth (1/6) of the fixed number of members in the constituency concerned (when there is no constituency, the fixed number of members) together with the number of vacancies mentioned in Article 113 paragraph 1.
2 In the case where an election is to be held according the classification of any of the following items, even if the number in shortage of the persons elected does not correspond to any item in the preceding paragraph in the election of members (from the national constituency) of the House of Councillors (those of the same tenure of office) or members of assembly of local public body, the re-election shall be held simultaneously with that election in spite of the provisions of the same paragraph. However, this shall not apply in the case where the causes as provided for in the preceding paragraph arise after the notification of the date of election under the classification of any of the following items:
(1) In the case of election of members (from the National Constituency) of the House of Councillors when the election of the members from the national constituency with different tenure of office is held;
(2) In the case of election of members of an assembly of a local public body, when any other election concerning the local public body is held in the constituency concerned (if there is no specific constituency, in the local district concerned).
3 The date of re-election under the preceding paragraph shall be fixed accordance to the date of election to be held according to the classification of the respective items of the same paragraph.
(Notice in case of Vacancy of Members, Chiefs or Members of the Board of Education)
Article 111. It shall be so notified according to the following classifications, in the case where a vacancy arises in the membership of the House of Representatives, the House of Councillors (from prefectural constituency) or the assembly of a local public body:or in the case of a vacancy in the post of the chief of a local public body, or where the chief has tendered his resignation, or in the case where a vacancy arises in the membership of a board of education:
(1) Concerning the members of the House of Representatives and the members of the House of Councillors (from prefectural constituency), the National Election Administration Commission shall make the notice through the governor of To, Do, Fu or prefecture to the Election Administration Commission of To, Do, Fu or prefecture within five days from the day of receipt of the notification in accordance with the provisions of Article 110 (President's Notification of Diet vacancy) of the Diet Law that the vacancy exists;
(2) Concerning the members of an assembly of a local public body, the chairman of the assembly of the local public body concerned shall make the notice to the Election Administration Commission of To, Do, Fu or prefecture concerned, or to that of city, town or village, concerned, within five days from the day the vacancy happened;
(3) Concerning the chief of a Local public body;in the case where a vacancy happens, the person who takes over his duties by proxy shall make the notice within five days from the day on which the vacancy happens:and in the case where resignation is tendered, the president of the assembly of the local public body shall make it within five days from the day the resignation was tendered, to the Election Administration Commission of To, Do, Fu and prefecture or city, town and village concerned;
(4) Concerning the members of the boards of education:within five days from the day on which the vacancy happened, the chairman of the board shall make the notice to the Election Administration Commission of To, Do, Fu and prefecture or city, town and village concerned.
2 Upon receipt of the notice as provided for is the preceding paragraph, the Election Administration Commission shall, if it deems that the provisions of Article 112 (Filling Vacancy of Member or Chief) are applicable to the case, immediately make notice to the election meeting chairman concerned that a vacancy has happened in the membership, that vacancy in the post of the chief has happened or that he has tendered his resignation, or that a vacancy has happened in the membership of the board of education.
3 The National Election Administration Commission which receives the notice that a vacancy has happened in the membership of the House of Councillors (from the national constituency) in accordance with the provisions of Article 110 of the Diet Law shall, if it deems that the provisions of Article 112 are applicable to the case, make notice that the vacancy happened in the membership to the election meeting chairman concerned.
(Filing Vacancy in the Membership Chiefs or in the Membership of the Board of Education)
Article 112. In the case where a vacancy happens in the membership of the House of Representatives, the House of Councillors or in the membership of an assembly of a local public body within three months from the date of the election of the member concerned while there are persons who obtained the ballots but did not become the person elected in accordance with the provisions of the proviso to Article 95 paragraph 1 (minimum number of ballots to be obtained), or in case where a vacancy happens after three months from the date of the election of the member concerned while there are persons who obtained the ballots but did not become the person elected under application of the provisions of Article 95 paragraph 2, (case of a tie), the election meeting shall be held and the person elected shall be determined from among them.
2 In the case where the chief of a local public body vacates his post, or he tenders his resignation, while there are persons who obtained the ballots but did not become the person elected under application of the provisions of Article 95 paragraph 2 or Article 118, paragraph 2, (Case of a tie in decisive vote for a Chief) the election meeting shall be held and the person elected shall be determined from among them.
3 In the case where membership of a board of education is vacated while there are persons who obtained the ballots but did not become the person elected under application of the provision of Article 95 paragraph 2 the election meeting shall be held and the person elected shall be determined from among them.
4 In the case where the person elected is unable to be determined in accordance with the provision of the preceding paragraph, the election meeting shall be held and the person elected shall be determined from among the persons who obtained the ballots under the provisions of the proviso to Article 95 paragraph 1.
5 The provisions of Article 98 (Forfeit of Eligibility and Determination of the Persons elected) shall apply mutatis mutandis to the cases as provided for in the preceding four paragraph.
6 The election meeting chairman shall hold an election meeting within twenty days after the day on which he received the notice prescribed in the preceding Article paragraph 2 or 3, and shall determine the person elected.
(By-Election)
Article 113. In the case where the notice prescribed in Article 111 (Notice in case of Vacancy in Membership) paragraph 1 item 1 or 2 concerning the vacancy in the membership of the House of Representatives, the House of Councillors (from prefectural constituency) or in the membership of an assembly of a local public body, or the notice prescribed in Article 110 (Notice by President of Vacancy in Membership) of the Diet Law concerning the vacancy in the membership of the House of Councillors (from the national constituency and those of same tenure of office) is received, the Election Administration Commission which administers the affairs concerning the election concerned, fixing the date of election, shall make the notification of it and cause the by-election to be held, when the number of vacant membership comes under any of the following items, except in the case where the person elected may be determined in accordance with the provisions of the preceding Article paragraphs 1, 5 and 6. However, this shall not apply when the notification of the date of election is done in accordance with the provisions of Article 109 (Re-election) or Article 110 (Re-election) concerning the same person:
(1) In the case of members of the House of Representatives, when the number of vacant membership reaches more than 2 persons in the same constituency;
(2) It the case of members of the House of Councillors (from the national constituency and those of the same tenure of office), when the number in shortage of the persons elected throughout the country exceeds one quarter (1/4) of the fixed number of the members in the ordinary election;
(3) In the case of members of the House of Councillors (from prefectural constituency and of the same tenure of office), when the number exceeds one quarter (1/4) of the fixed number of the members for the election district concerned in the ordinary election;
(4) In the case of the assembly-men of a local public body, when the total number together with the number in shortage of the persons elected mentioned in Article 110 paragraph 1, exceeds two (2) persons in one (1) constituency concerned. However, when it reaches one (1) in a constituency in which the fixed number of the member to be elected is one (1);
(5) In the case of members of an assembly of a local public body, when the total number of vacancies, together with the number in shortage of the persons elected mentioned in Article 110 paragraph 1, exceeds one-sixth (1/6) of the fixed number of the assemblymen to be elected in the constituency concerned (if there is no specific constituency, the fixed number of the assembly-men).
2 In the case where the number of vacancies in the membership of the House of Representatives, membership of the House of Councillors (those with same tenure of office) or membership of the assembly of a local public body, does not fall under any of the following items of the preceding paragraph, the by-election shall be held simultaneously with other elections despite the provisions of the preceding paragraph when an election under the classification of any of the following items is held. However, this shall not apply in the case where the Election Administration Commission which administers the affairs concerning the election concerned receives the notice in accordance with the provisions of Article 111 paragraph 1 item 1 or 2, or the notice under the provisions of Article 110 of the Diet Law (only for the case of the House of Councillors):
(1) Concerning the members of the House of Representatives in the case where a re-election of members of the House of Representatives is held in the constituency concerned;
(2) Concerning the members of the House of Councillors (from the national constituency), in the case where the election of the members from the national constituency with different tenure of office is held;
(3) Concerning the members of the House of Councillors (from prefectural constituency), in the case where the re-election of members of same tenure of office from prefectural constituency in the constituency concerned or the election of the members with different tenure of office from prefectural constituency is held;
(4) Concerning the members of an assembly of a local public body;in the case where any other kind of election is held in the constituency concerned (in the case of there being no specific constituency, in its area).
3 The date of the by-election mentioned the preceding paragraph shall be held in accordance with the date of election held under the classification of any of the items of the same paragraph.
4 In the case where the notice under the provision of Article 111 paragraph 1 item 4 is received concerning vacancy in the membership of a board of education, the Election Administration Commission which administers the affairs concerning the election concerned, fixing the date of election, shall make the public notification of it and cause a by-election to be held except the case where the person elected is able to be determined by virtue of the provisions of the preceding Article paragraphs 3 to 6 inclusive. However, this shall not apply to the case where the public notification of the date of the election is done in accordance with the provision of Article 109 concerning the same person concerned.
(Elections in the case where the Post of Chief of a Local Public Body is vacated or Resignation is tendered)
Article 114. In the case where the notice under the provisions of Article 111 (Notice in case of Vacancy of Chief), paragraph 1, item 3 is received concerning the fact that the post of chief of a local public body is vacated or that resignation has been tendered, the Election Administration Commission which administers the affairs concerning the election concerned, firing the date of election, shall make the notification of it and cause an election to be held, except the case where the person elected may be determined in accordance with the provisions of Article 112 paragraphs 2, 5 and 6 inclusive. However, this shall not apply in the case where the notification of the date of election is done in accordance with the provisions of Article 109 (Re-election) concerning the same person.
(Combined Election and the Person Elected in the case of Election of Assemblymen or Members of the Board of Education with Different Tenure of Office)
Article 115. In the case where the election specified in each of the following items is held simultaneously according to the classification of respective items, it shall be held in combination with any of the other elections (as regards members of the House of Councillors;the respective election shall be held according to the members from the national constituency and members from prefectural constituencies):
(1) In the case of members of the House of Representatives:Their re-election or by-election;
(2) In the case of members of the House of Councillors:Their general election, re-election or by-election;
(3) In the case of members of assembly of a local public body:The re-election or bl-election concerning the same local public body concerned.
2 In the case where an election is held in combination of the members of the House of Councillors with different tenures of office, the persons elected for the members with long tenure of office shall be determined according to the order of the bigger number of ballots obtained from among the persons who obtained the ballots under the provisions of the proviso to Article 95 paragraph 1 (Minimum Number of Ballots to be obtained).
3 When the provisions of Article 100 paragraph 1 (Election without Contest), apply to the case where the election in combination is held of the members of the House of Councillors with different tenures of office, the person elected in the election for the members with longer tenure of office shall be determined by lottery from among the candidates.
4 The provisions of Article 100 paragraph 5, (Determination of Eligibility in Election without Contest), shall apply mutatis mutandis to the case of the preceding paragraph.
5 In the case of filling a vacancy in accordance with the following provisions because of the occurence of a cause mentioned in Article 97 (Carrying up as the person elected) or in Article 112 (Filling Vacancy in Membership, Chief, or membership of Board of Education, etc.), with reference to persons elected or members with the longer tenure of office when the election is held in combination with that of other members of the House of Councillors with a different tenure of office, the person to be returned shall be decided from those, if any, who are members or persons elected with the shorter tenure of office, who have been elected in the same election.
6 The re-election or by-election of the members (with same tenure of office) of a board of education shall be held simultaneously with the election which is held according to the classification of the following items (for each of the boards of education of same To, Do, Fu and prefecture or city, town and village concerned):
(1) When the re-election or by-election of other members (with same tenure of office) of a board of education is held;
(2) When the election of members (with different tenure of office) of a board of education is held.
7 Concerning vacancy due to expiration of the term of supplemented member of the board of education mentioned in Article 260 (Vacancy-Filling Members) paragraph 3, its by-election shall be held simultaneously with the nearest ordinary election of members of the board of education of To, Do, Fu and prefecture or city, town and village concerned, despite the provisions of Article 111 (Notice of Vacancy in Membership) paragraph 1 item 4, Article 112 paragraphs 3 to 6 inclusive and Article 113 paragraph 4 (by-election).
8 In the case of the preceding two paragraphs, these elections shall be held jointly in one election.
9 The provisions of paragraphs 2 to 5 inclusive shall apply mutatis mutandis to the decision of the person elected in the case where the joint election is held, in accordance with the preceding paragraph, concerning the members of a board of education with different tenures of office.
(The General Election of a Local Public Body in case of there being no Members or Persons Elected)
Article 116. In case where any of the causes provided in Article 110 paragraph 1 (Re-election), or Article 113 paragraph 1 (by-election), happen in regard to members of local public bodies or persons elected in the election of such members, and all such members are not in existence or ceased to exist, the Election Administration Commission which administers the affairs concerning the election concerned, fixing the date of election, shall cause a general election to be held in spite of these provisions.
(The Election in order to take the Decisive Vote for the Chief of Local Public Body)
Article 117. In the case where there is no person who obtained votes under the provisions of the proviso to Article 95 paragraph 1, (Minimum Number of Votes to be obtained) in the election of the chief of a local public body, the Election Administration Commission which administers the affairs concerning the election concerned shall hold the election again within 15 days after the date of notification under the provisions of Article 106 paragraph 2 (Notification in case there is no person elected), in spite of the provisions of Article 109 paragraph 1 (Notification of Date of Re-election) and Article 119 paragraph 3 (Notification of Date of Simultaneous Election). In this case, two persons who obtained a majority of votes shall be made the candidates for the local public office, in spite of the provisions of Article 86 (Notification of Candidacy for Chief) paragraphs 1, 2, 4, and 6, and Article 92 (Deposit) items 4 and 6 as well as Article 94 paragraph 1 (Payment of Share of Public Management Expenses).
2 In the case of the preceding paragraph or Article 128 (Simultaneous Election of Decisive Vote), the Election Administration Commission concerned shall make the notification of the date of election by the fifth day prior to the date of election.
3 In the election prescribed in paragraph 1, when the candidates concerned die or are reduced to one person owing to the resignation of candidacy by other candidates from the date notified in accordance with the provisions of the preceding paragraph to the day before the date of election, the date of election shall be deferred despite the provisions of paragraph 1 to the day which falls on the fifth day after the date which is paragraph. In this case, the Election Administration Commission concerned shall immediately make the notification thereof.
4 In the case of paragraph 1, the Election Administration Commission concerned shall determine the candidates by lots in case where, at the time of determining two candidates, the determination of the two candidates is unable to be made by the number of ballots obtained, because of a tie in the number of ballots obtained by the candidates.
5 In case in the election mentioned in paragraph 1, there remains only one candidate owing to the death of the candidate concerned or resignation of candidacy of other candidate on the day on which the notification is giving in accordance with the provisions of paragraph 2 or in the case mentioned in paragraph 3, and Article 128 paragraph 3 the remaining one candidate and the person who did not become the candidate in accordance with the provisions of paragraph 1 or the preceding paragraph but obtained the largest number of ballots shall be the candidates. In case the candidates may not be determined by the number of ballots they obtained owing to the number of ballots they obtained the Election Administration Commission shall determine it by lots.
(The Person Elected in the case of Decisive Vote for the Chief of the Local Public Body and Election without Voting)
Article 118. In the election mentioned in the preceding Article, paragraph 1, the person who obtained a majority of ballots shall be the person elected despite the provisions of the proviso to Article 95 paragraph 1 (Minimum number of ballots to be obtained).
2 In case the number of ballots which the candidates obtained is a tie in the election mentioned in the preceding Article paragraph 1, the election meeting chairman shall determine it by lots in the election meeting.
3 In the case where there remains one candidate owing to the death of or resignation of candidacy by candidates prior to the day on which the notification under the provisions of the preceding Article paragraph 2 is done in the election mentioned in the same Article paragraph 1;or in the case where the cause prescribed in the provisions of the same Article paragraph 3 happens, and there is no person to be the new candidate in accordance with the privisions of the same Article, paragraph 5;or in the case where the candidates are reduced to one owing to the death of or resignation of candidacy by one of the candidates mentioned in the provisions of the same Article paragraph 3, voting shall not be held.
4 The provisions of Article 100 (Election without Contest) paragraphs 2 to 5 inclusive shall apply to the case of the preceding paragraph and Article 127 (Success in Election in case of Simultaneous Election).
5 In application of the provisions of Article 38 (Voting Witness), paragraph 2 or Article 62 (Ballot-counting Witness) paragraph 10 or the provisions of Article 76 (Election Witness), to which the provisions of the latter apply mutatis mutandis, the three (3) persons mentioned in these provisions shall be two (2) persons.
CHAPTER XII Exceptions for Holding Elections Simultaneously
(Sphere of Elections to be held Simultaneously)
Article 119. Election for the members of an assembly of a local public body, election for governor of To, Do, Fu and prefecture, and election of members of boards of education of To, Do, Fu and prefecture;or election for the members of an assembly of a city, town and village, election for head of city, town and village, and election of members of boards of education of city, town and village, are may be respectably held simultaneously.
2 On the basis of report under the provisions of Article 120 paragraph 1 (Report in case of City, Town or Village Elections) or report under the provisions of Article 108 (Report concerning Success in Election, etc.), paragraph 1 item 4, 5, or 7, the Election Administration Commission of To, Do, Fu and prefecture may cause the election in city, town and village concerned (hereinafter in this Chapter to be referred to as election of members of assembly or chief of city, town and village, as well as election of members of the board of education of city, town and village) to be held with the election in To, Do, Fu and prefecture (hereinafter in this Chapter to be referred to as election of members of assembly or chief of city, town and village as well as election of members of the board of education of city, town and village) simultaneously.
3 The date of election under the provisions of the preceding paragraph shall be notified to the public at least thirty days in advance by the Election Administration Commission of the To, Do, Fu and prefecture.
(Procedure to decide whether or not the Elections are to be held Simultaneously)
Article 120. In the case where the election of assemblymen or head of city, town and village or election of members of the board of education of city, town and village is to be held, the Election Administration Commission of city, town and village shall report to the Election Administration Commission of To, Do, Fu or prefecture;in regard to the election to be held due to the termination of tenure of office (including the election to be held due to the termination of tenure provided for in the provision of Article 115 paragraph 7 (Vacancy Filling Members)), by the sixty days prior to the day of termination of the tenure of office, and in regard to the election to be held owing to the causes other than the termination of tenure of office, within three days except the case where the report is to be done in accordance with the provisions of Article 108 (Report in case of no Persons Elected, etc.) paragraph 1 item 4, 5 or 7, from the day on which the cause for holding election happens. In the case where the cause prescribed in the provisions of Article 110 paragraph 1 (Re-election) happens concerning the person elected in the election for assemblymen of city, town and village, or in the case where a vacancy happens in the membership of assembly of city, town and village, the same shall apply to the case where vacancy in the membership or the person elected in shortage may not be filled in accordance with the provisions of Article 96 (Rectified Determination of Person Elected), Article 97 (Carrying up as the Person Elected), Article 98 (Forfeit of Eligibility and Determination of Persons Elected), or Article 112 (Filling Vacancy in Membership) paragraphs 1 and 5.
2 The Election Administration Commission of To, Do, Fu and prefecture shall notify to the Election Administration Commission of city, town or village concerned whether the elections in the city, town or village concerned are to be held simultaneously or not, within three days after the notification under the provisions of the preceding paragraph or the report under the provisions of Article 108 paragraph 1 item 4, 5 or item 7 is received.
(Suspension of Execution of Election in City, Town or Village until the Decision of Simultaneous Execution of Elections)
Article 121. The election in city, town or village shall not be held during the time until the notice under the provisions of the preceding Article paragraph 2 is received.
However, this shall not apply to the case where the notice is not received during the period prescribed in the preceding Article paragraph 2.
(The Public Notification of Date and Period etc. of the Election List in By-Election)
Article 122. In the case where the election in To, Do, Fu and prefecture and the election in city, town and village are simultaneously held, the Election Administration Commission shall determine the date and period etc. prescribed in Article 27 paragraph 3 (Preparation, inspection, etc. of Supplementary Electors'List), notwithstanding the provisions of the same Article same paragraph, and shall notify them to the public in advance.
(Application of Provisions concerning Votes, Counting of Ballots and Election Meeting)
Article 123. In the case where the elections are held simultaneously in accordance with the provisions of Article 119 (Elections to be held simultaneously) paragraph 1 or 2, the provisions concerning votes and counting of ballots shall apply to all the elections, except the provisions of Article 36. When the areas of the election meetings are the same in the case where the elections are held simultaneously in accordance with the provisions of Article 119 paragraph 1, the provisions concerning the election meeting shall apply too.
2 The matters necessary in the case of the preceding paragraph shall be provided for by Cabinet Order.
(Advance of the Voting Date)
Article 124. In the case where the election in To, Do, Fu and prefecture and election in city, town and village are held simultaneously the Election Administration Commission of To, Do, Fu and prefecture shall decide the date of voting under the provisions of Article 56 (Advanced Voting), despite the provisions of the same Article.
(Deferment of the Voting Date)
Article 125. In the case where the election in To, Do, Fu and prefecture and the election of city, town and village are held simultaneously, the Election Administration Commission of To, Do, Fu and prefecture shall, if the cause prescribed in Article 57 paragraph 1 (Deferred Voting) has arisen, cause the voting to be executed according to the instance of the same Article same paragraph.
2 In the case of the preceding paragraph, the Election Administration Commission of city, town and village shall so report to the Election Administration Commission of To, Do, Fu and prefecture through the election meeting chairman of the election in To, Do, Fu and prefecture.
(Deferment of the Voting Date in the case of only One Candidate for the Chief)
Article 126. In the case where the election in To, Do, Fu and prefectures and the election of the chief of city, town and villages are held simultaneously, the Election Administration Commission of city, town and village shall, if the cause prescribed in Article 86 paragraph 5 (Case where only one candidate for chief remains) happens in the election of chief of city, town and village, immediately so report to the Election Administration Commission of To, Do, Fu and prefectures.
2 In the case where the election of governor of To, Do, Fu and prefectures and the election of the chief of city, town and villages are held simultaneously, the Election Administration Commission, upon the knowledge that the cause prescribed concerning the election of governor of To, Do, Fu and prefectures in Article 86 paragraph 5 has arisen and furthermore that the case prescribed in Article 86 paragraph 5 has arisen by the report under the provisions of the preceding paragraph in the election of chief of city, town and villages, shall, deferring the date of election, cause the elections to be held simultaneously within seven (7) days after the day on which the report is received (if more than two (2) reports are received, the day on which the last report is received). In this case, the date shall be notified to the public at least five (5) days in advance.
3 In the case where the elections are held simultaneously in accordance with the provisions of Article 119 (Elections to be held simultaneously), paragraph 1 or 2, the matters necessary in the case where the cause prescribed in Article 86 paragraph 5 concerning the election of chief of local public body happens, shall be provided for by the Cabinet Order except the case which comes under the provisions of the preceding paragraph.
(Success in Election without Contest)
Article 127. In the case where the elections are held simultaneously in accordance with the provisions of Article 119 (Elections to be held simultaneously) paragraph 1 or 2, voting in regard to the election concerned, shall not be executed, if the case mentioned in Article 100 paragraph 1 (Success in Election without Contest) happens.
(Decisive Votes for the Chief)
Article 128. In the case where the election of governor of To, Do, Fu and prefectures and the election of chief of city, town and villages are held simultaneously, the elections shall be held simultaneously on the date fixed by the Election Administration Commission of To, Do, Fu and prefectures within fifteen (15) days after the day of notification done in accordance with the provision of Article 106 paragraph 2, (Notification of No Persons Elected), if both the elections fall within the purview of Article 117 paragraph 1 (Decisive Vote).
2 In the case where the election of governor of To, Do, Fu and prefectures and the election of chief of city, town and villages are simultaneously held, the Election Administration Commission of city, town and villages shall, if the cause prescribed in Article 117 paragraph3 (Case where only one candidate for chief remains) happens in the election of chief of city, town and villages, immediately report so to the Election Administration Commission of To, Do, Fu and prefectures.
3 Upon knowing that the cause prescribed in Article 117, paragraph 3 has happened in the election of governor of To, Do, Fu and prefectures and furthermore the cause prescribed in Article 117 paragraph 3 has also happened due to the report under the provision of the preceding paragraph in the election of chief of city, town and villages, the Election Administration Commission of To, Do, Fu and prefectures, deferring the date of the election, shall cause the elections to be held simultaneously within seven (7) days from the day on which the report was received (if more than two reports are received, from the day on which the last report was received). In this case, the date shall be notified to the public at least five (5) days in advance.
4 In the case where the election of governor of To, Do, Fu or prefecture, and the election of chief of city, town and village are held simultaneously, the matters necessary in the case where the cause prescribed in Article 117 paragraph 3 happens in either election, shall be provided for by Cabinet Order.
CHAPTER XIII Election Campaign
(The Period of Election Campaign)
Article 129. In each election, the election campaign shall not be made except from the day of notice of the candidate for the public office in accordance with Article 86 (Notification of Candidacy for Public Office), paragraph 1 to paragraph 4 inclusive or paragraph 6, or from the day of notification in accordance with the provisions of Article 117 paragraph 2 (Decisive Vote for Chief), to the day preceding the day of election.
(The Establishment of the Election Office and its Notice)
Article 130. The election office shall not be established for the said-election except by the candidate for the public office or one recommending a candidate (In case there are several recommenders, their representative).
2 When the election office is established by one mentioned in the above paragraph, a notice to that effect shall be made to the Election Administration Commission administering the affairs of the election concerned without delay. The same shall apply in case there is a change in the election office.
(The Number of Election Offices)
Article 131. In the election of a member of the House of Representatives, a Member of the House of Councillors (from local constituency) a governor of To, Do, Fu or prefecture or member of the prefectural board of education, election offices may be established up to three per one candidate. However, in districts under difficult transportation conditions, etc. as designated by the Cabinet Order, election offices may be established up to five.
2 In the election of members of the House of Councillors (from the national constituency) election offices may be established up to fifteen per one candidate. However, in one To, Do, Fu or prefecture, the number of election offices shall not exceed the number of election offices which may be established in the To, Do, Fu or prefecture for election of members of the House of Councillors (from the local constituencies).
3 In the election of an assemblyman of local public body, chief of city, town or village or a member of the board of education of city, town or village, election office may be established one per one candidate. However, in the election of members of the prefectural board of education, election offices may be established up to five in the districts under difficult transportation conditions, etc., as decided by Cabinet Order.
(The Limitation of Election Offices on the Election Day)
Article 132. Despite the provision of Article 129 (Period of Election Campaign), the election office may be established in the area within three cho distant from the entrance to the place where the said polling booth is established even on the election day.
(Prohibition of Resting Place, etc.)
Article 133. Resting places and other kindred establishments for the election campaign shall not be established.
(Order of Closing the Election Office)
Article 134. On recognizing that an election office is established in violation of the provision of Article 130 paragraph 1 (Person who establishes an election office), or Article 132 (Limitation of Election Office on Election Day) the Election Administration Commission administering the affairs of the election concerned shall order the closing of that election office without delay.
2 When it is found that election offices have been established in excess of the fixed number provided for in Article 131 (Number of Election Offices), the preceding paragraph shall apply to the number of election offices in excess.
(Prohibition of Election Campaign by the Persons engaging in the Election Business)
Article 135. The persons mentioned in Article 88 (Restriction on Candidacy by Persons engaged in Election Business) shall not conduct election campaigns within the district concerned during the tenure of their office.
(Prohibition of Election Campaign of the Specified Public Service Personnel)
Article 136. Those persons mentioned in the following items shall not engage in election campaign during the tenure of their offices:
(1) Members or employees of Election Administration Commissions;
(2) Judges;
(3) Public procurators;
(4) Auditors of the Board of Audit;
(5) Members of the Public Safety Commissions;
(6) Police Officers and Policemen;
(7) Tax Officers of the State and tax collectors of local public bodies.
(Prohibition of Election Campaign Utilizing the Position of Educator)
Article 137. No educator (who is a school-master or a teacher as prescribed by the School Education Law (Law No.26 of 1947)) shall be engaged in the election campaign by utilizing his position toward the school children, pupils and students as an educator.
(House-to-House Visits)
Article 138. No person shall make house-to-house visits with a view to obtaining the votes or to get others vote or not to vote with regard to the election. However, this shall not apply to the case where the candidate makes a visit to relatives, friends with whom he is always in intimate relations, or other persons who have close relations with him.
2 Irrespective of the method taken, any deed of notification concerning the holding of a speech meeting or the making of a speech, or any deeds of announcing around the name of a specific candidate or the name of a specific political party or other political organization, for purposes of election campaign, and by house-to-house visits, shall be deemed to come under the deeds prohibited by the preceding paragraph.
(Prohibition of Serving Foods and Drinks)
Article 139. No person, under whatever name, shall serve foods and drinks with regard to the election campaign. However, this does not apply to the serving tea.
(Prohibition of Demonstrative Acts)
Article 140. No person shall engage in demonstrative acts by procession of automobiles, or by marching in rank and file on the streets, etc. for the election campaign.
(Utilization of Automobiles, Loud-Speakers and Ships)
Article 141. In the election of a Member of the House of Representatives, a Member of the House of Councillors a governor of To, Do, Fu or prefecture or member of To, Do, Fu or prefectural boards of education, a candidate shall not use automobiles (the vehicles stipulated in the Road Traffic Control Law (Law No.130 of 1947) Article 2 paragraph 5 and hereinafter the same), loud-speakers and ships chiefly for the purpose of election campaign, in excess of the limitations specified in the following items, per each candidate for public office:
(1)The election of a member of the House of Representatives, a member of the House of Councillors (from prefectural constituencies), a Governor of To, Do, Fu or prefecture or a member of the prefectural board of education
1 Automobiles, 2 loudspeakers and 1 ship.
(2)The election of a member of the House of Councillors (from national constituency)
3 automobiles, 3 loudspeakers and 2 ships.
2 In case the automobiles, loud-speakers or ships of the preceding paragraph are used, the candidate for public office shall receive beforehand the certificates issued by the Election Administration Commission in charge of the business concerning the said election.
3 Those persons who use the automobiles, loudspeakers or ships mentioned in paragraph 1, shall always carry with them the certificates of the preceding paragraph and shall have the signs exhibited as designated by the Election Administration Commission in charge of the business regarding the said election.
4 The certificates of the preceding paragraph shall be presented upon the demand made by the public servant concerned.
(Distribution of Literature and Drawings)
Article 142. Literatures and drawings for the use of election campaign shall not be distributed with the exception of ordinary postcards as stipulated in the following items:
(1) In the election of a member of the House of Representatives, a member of the House of Councillors (from prefectural constituency) or a governor of To, Do, Fu or prefecture, thirty thousand (30,000) postcards, and in the election of a governor of To, Do, Fu or prefecture as prescribed in Article 117 paragraph 1 (Decisive Vote) five thousand (5,000) postcards, may be distributed per one candidate for the said public office;
(2) In the election of a member of the House of Councillors (from national constituency) fifty thousand (50,000) postcards may be distributed per candidate for the said public office;
(3) In the election of a member of the prefectural board of education, ten thousand (10,000) postcards may be distributed per candidate for the said public office.
2 The postcards of the preceding paragraph shall be free and shall have the mark for election use designated by the Ministry of Postal Services.
3 The circulation to many persons of circulating notices, other literature and drawings and signboards (including placards, etc.) and the like for the use of election campaign shall be regarded as the distribution of paragraph 1. However, this does not apply to the circulation of such matters as are provided for in Article 143 paragraph 1 items (2) to (4) inclusive.
(Display of Literature and Drawings)
Article 143. Literature and drawings used for the election campaign shall not be posted up except those coming under any of the following items:
(1) The posters, notice-boards, lanterns, signboards, and the like, to indicate the election office at the place;
(2) The posters, notice-boards and lanterns for the automobiles, loud-speakers and ships primarily used for the election campaign of the candidate for the said public office in accordance with the provision of Article 141 paragraph 1 (Utilization of Automobiles, Loud-Speakers and Ships);
(3) The posters, notice-boards and lanterns to be set up in sledges used primarily for the election campaign;
(4) The posters, notice-boards, lanterns, signboards and the like used in the speech meeting while it is proceeding (with the exception of the speech meeting places for competitive speech meetings with public fund as prescribed by Article 152 (Elections for which Competitive Speech Meetings under Public Management shall be held)) and at the place where the speech on street is proceeding;
(5) The posters used in the election campaign except those prescribed in any of the preceding items.
2 The literatures and drawings used for indicating the election office as prescribed by item 1 of the preceding paragraph may be posted up on the election day despite the provision of Article 129 (Period of Election Campaign).
(Number of Posters)
Article 144. Posters mentioned in the preceding Article paragraph 1, item 5 shall not exceed the number determined in each of the following items:
(1) In regard to the election of members of the House of Representatives, the election of members of the House of Councillors (from local constituency), and the election of the governor of a To, Do, Fu or prefecture, or a member of the prefectural board of education, 3,000 copies per candidate for that public post. However, in elections of members of the House of Councillors (from local constituency), this number shall be increased by 1,000 for each additional election district for members of the House of Representatives within the area of the To, Do, Fu or prefecture concerned, if the number of such election districts exceeds one;
(2) In regard to the election of members of the House of Councillors (from the national constituency) 20,000 copies per candidate for that public post. However, the posters shall not exceed the number of copies which may be used in the To, Do, Fu or prefecture for election of members of the House of Councillors (from local constituency);
(3) In regard to the election of assemblymen of To, Do, Fu and prefectures, assemblymen and mayors of cities, and members of boards of education of cities,500 copies per each candidate for that public post. However, in regard to the election of the mayor of a city prescribed in Article 155 paragraph 2 (Designated Cities which establish Wards) of the Local Autonomy Law, 2,000 copies per each candidate for that public post;
(4) In regard to the election of assemblymen of a town or a village and of the head thereof, or member of boards of education of town and village,100 copies per candidate for that public post.
2 The posters prescribed in the preceding paragraph shall have the seal of approval of the Election Administration Commission in charge of the affairs of the election concerned. However, with respect to posters of candidates for members of the House of Councillors (from the national constituency), they can have the seal of approval of the election administration commission of the To, Do, Fu or prefecture in case the National Election Administration Commission has given approval upon application of the person concerned.
3 The posters prescribed in paragraph 1 shall not be larger than tabloid in size (41 centimeters by 28 centimeters).
(Place to Display Poster)
Article 145. No person shall be allowed to display a poster as prescribed by Article 143 (Display of Literature and Drawings) paragraph 1, item 5 on any object possessed or managed by the State, a local public body, the Japan National Railways or the Japan Monopoly Corporation.
2 Any person who intends to display a poster as prescribed by Article 143 paragraph 1 item 5 on another person's establishment shall secure the consent of the owner or manager.
(Restrictions on Deeds to elude Prohibition in regard to Distribution or Display of Literature or Drawings)
Article 146. No person shall be allowed during the period of the election campaign to distribute or display any literature or drawing for recommending or supporting or opposing to the name of the candidate for the public post, the same of a candidate for public post, a political party or other political organizations or the candidate for the public post, no matter whether it is conducted as the advertisement of a book, entertainments, etc. or under any other pretext, as deeds to elude the prohibition of Article 142 (Distribution of Liberature and Drawings) or Article 143 (Display of Literature and Drawings)
2 In regard to the application of the provisions of the preceding paragraph, any deed to distribute or display during the period of the election campaign, within the electoral district of the candidate for the public post (in case there is no electoral district, within the area concerned), a New Year card, a letter of seasonal greetings in the cold season or in the hot season, or other similar letters of greetings bearing the name of the candidate for the public post or the political party or other political organization to which he belongs, or of the person who has reported his recommendation of the candidate for the public post, or of a person who is engaged in the election campaign, or of a person who belongs to the same census register as the candidate for the public post, shall be deemed to be deeds to elude the prohibition of Articles 142 and 143.
(Removal of Literature and Drawings)
Article 147. In case the Election Administration Commission of To, Do, Fu or prefecture or of a city, town or village recognizes any literature or drawings used for the election campaign as in violation of the provisions of Article 143 (Display of Literature and Drawings), Article 144 (Number of Posters) or Article 145 (Place to Display Posters), or recognizes any literature or drawings displayed prior to or during the period of the election campaign as coming under the provisions of the preceding Article, it may order its removal.
2 The posters as prescribed by Article 143 paragraph 1 item 5 which have been lawfully displayed during the period for election campaign may be kept displayed on the election day despite the provision of Article 129 (Period of Election Campaign). However, the posters which were displayed in the area within approximately one "cho" distant from the entrance to the place where the said polling booth is established shall be removed on the election day by the Election Administration Commission of the To, Do, Fu or prefecture, and city, town or village.
(Freedom of News, Comment, etc. of Newspapers and Magazines)
Article 148. Provisions of this Law concerning the restriction of the election campaign do not interfere with the freedom of newspapers and magazines in publishing news and comment concerning the election. However, the fairness of election shall not be impaired by the abuse of the freedom of expression by publishing false matters or distorted facts.
2 Those who are engaged in the sale of newspapers and magazines may distribute in an ordinary manner or put up at the places to be designated by the Election Administration Commission the newspapers and magazines provided for in the preceding paragraph.
(Newspaper Advertisement)
Article 149. A candidate for a public post may publish not more than once (twice for the election of members of the House of Councillors from national constituency) during the period of the election campaign an advertisement concerning the election, in the same size as determined by the National Election Administration Commission, in any one of the newspapers.
2 The newspapers inserting the advertisement of the preceding paragraph may be distributed in the ordinary manner by a person engaged as a business in the sale of newspapers, in spite of the provisions of Article 142 (Distribution of Literature and Drawings).
3 In elections of members of the House of Representatives, members of the House of Councillors, or To, Do, Fu or prefectural governors, the advertisements in newspapers under the provisions of paragraph 1 may be made free of charge.
(Broadcast of Political View)
Article 150. Any candidate for public post in the election of members of the House of Representatives, of the House of Councillors and of the governor, assemblymen and members of the boards of education of To, Do, Fu and prefecture, may broadcast his political views without charge through facilities of the Japan Broadcasting Corporation during the period of the election campaign for the public good.
2 In regard to the broadcast of the preceding paragraph, equal conveniences shall be afforded to all candidates for the public post in the electoral district concerned (or the area concerned in case there is no electoral district established) at each election, such as the utilization of the same broadcasting equipment, the assigning of the same broadcasting time, etc.
3 The number of broadcasts, the date and time of broadcast, and other matters necessary for broadcasting provided for in the preceding two paragraphs, shall be determined by the National Election Administration Commission on consultation with the Japan Broadcasting Corporation. In this case, in regard to the broadcasting by a candidate for public post in the election of members of the House of Councillors (from the national constituency) special consideration must be given to provide special conveniences.
(Broadcast of Career)
Article 151. In the election of members of the House of Representatives, of the House of Councillors and of the governor, assemblymen or members of the boards of education, of the To, Do, Fu and prefecture, the Japan Broadcasting Corporation shall broadcast, in acccordance with its regulations, the names and ages of candidates for the public post, political parties to which they belong, their principal careers, etc. for making them widely known among the electors in the areas concerned.
2 The number of broadcasts of the preceding paragraph shall generally be 10 for each candidate for the public post during the period from 20 days prior to the date of election to the day before the election.
(Elections for which a Competitive Speech Meeting Under Public Management should be held)
Article 152. In regard to the election of members of the House of Representatives, of the House of Councillors (from local constituency), and the election of the governor (excepting the election of Article 117 paragraph 1 (Decisive Vote)), and members of the boards of education of To, Do, Fu and prefecture, competitive speech meeting of the candidates shall be held under public management in accordance with the provisions of this Law.
(Sponsor of Competitive Speech Meeting)
Article 153. Regarding a city, and a town or village with a population of approximately over 5,000, the person who is designated by the Election Administration Commission of To, Do, Fu and prefecture must hold competitive speech meeting of the candidates for the public post in order to make their respective political views widely known among the electors.
2 Regarding the city provided for in the preceding paragraph, measures must be taken for holding a competitive speech meeting of the candidates for every unit of the population of approximately 50,000.
3 Any town and village other than those provided for in paragraph 1, which has been designated by the Election Administration Commission of To, Do, Fu and prefecture in consideration of the population, conditions of transportation, etc. shall hold a competitive speech meeting.
(Speakers in a Competitive Speech Meeting)
Article 154. Speakers in a competitive speech meeting shall be the candidates for the public post in the election concerned.
2 Any of the candidates for the public post provided for in the preceding paragraph, may have not more than one person as his representative speak in the competitive speech meeting in which he should participate. However, the number of such speeches shall not exceed one-third of the total number of speeches which the candidate for the public post concerned can make in accordance with the provisions of Article 156 (Participation in the Competitive Speech Meeting) or Article 157 (Participation in Competitive Speech Meeting after Lapse of Designated Date).
3 Regarding the computation of the number provided for in the proviso to the preceding paragraph, a fraction shall be counted as one.
(Decision and Notification of the Program for Holding a Competitive Speech Meeting)
Article 155. The Election Administration Commission of To, Do, Fu and prefecture shall, in consultation with the election administration commission of the city, town or village holding the competitive speech meeting provided for in Article 153 (Sponsor of Competitive Speech Meeting) previously determine the prearranged date and place for holding the competitive speech meeting, the number of the candidate for public post who can speak at one competitive speech meeting, and the time assigned for their speech, and notify these matters within three days from the day of public notice or notification of the date of the election concerned.
2 In making decision under the provisions of preceding paragraph, the Election Administration Commission of To, Do, Fu and prefecture may hear the opinions of the representatives of political parties or party chapters having their main offices in the area of To, Do, Fu and prefecture, and any other persons concerned, upon requesting them to assemble.
(Participation in the Competitive Speech Meeting)
Article 156. Any candidate for public office who desires to participate in a competitive speech meeting shall notify the Election Administration Commission of To, Do, Fu and prefecture not later than the date to be designated by the Commission, stating the date and place of each competitive speech meeting for a city, town and village or other unit as announced in compliance with the provision of paragraph 1 of the preceding Article with his preference thereupon. In this case, such candidate shall be permitted to participate not more than once in that competitive speech meeting to be held for each city, town or any other single unit.
2 The Election Administration Commission of To, Do, Fu and prefecture shall determine for the respective competitive speech meeting those to be permitted to speak at a single competitive speech meeting as provided for in paragraph 1 of the preceding Article from among those candidates for pubilc office having notified within the term prescribed in the preceding paragraph and having the first preference for the competitive speech meeting concerned. In the case the applicants having the first preference for a certain competitive speech meeting exceed the number of speeches which can be made, the speakers shall be determined in the order of notifications received, and, in case such notices are received at the same time, the speakers shall be determined by lot.
3 For those who have not been determined according to their first preference by the provisions of the preceding paragraph, the Election Administration Commission of To, Do, Fu and prefecture shall, in consideration of their preference order previously notified, fix the date and place of the competitive speech meeting at which they may participate.
4 The speech order of candidates for public office at each competitive speech meeting shall be determined by lot by the Election Administration Commission of To, Do, Fu and prefecture.
5 When the date and place of a competitive speech meeting in which a candidate for a public office who has duly notified in conformity to paragraph 1 is going to participate, and his speech order is decided upon in accordance with the preceding three paragraphs, the Election Administration Commission of To, Do, Fu and prefecture shall at once notify him and at the same time, make a public notification thereof. In this case, the said commission shall also notify the Election Administration Commission of the city, town or village concerned.
(Participation in the Competitive Speech Meeting after the Lapse of the Designated Date)
Article 157. In case a person who has notified his candidacy after the date set for in accordance with paragraph 1 of the preceding Article desires to participate in a competitive speech meeting, he shall report so following the example of the same paragraph, in accordance with the regulation decided by the Election Administration Commission of To, Do, Fu and prefecture.
2 With regards to a candidate for a public office who has duly notified in accordance with the preceding paragraph, the Election Administration Commission of To, Do, Fu and prefecture shall determine the date and place of a competitive speech meeting in which he is to participate, by taking into consideration his preference order. At the same time the Commission shall determine the speech order at the competitive speech meeting.
3 Upon making the decision mentioned in the preceding paragraph, the Election Administration Commission of To, Do, Fu and prefecture shall at once so notify and make a public notification thereof following the example of paragraph 5 of the preceding Article.
(How to notify the Public of the Holding of a Competitive Speech Meeting)
Article 158. The Election Administration Commission of the city, town or village shall put up a notice, not later than two days before the holding of competitive speech meeting, at places where the public eyes are easily caught, setting forth the date, time and place of the meeting as well as the names and party affiliations of candidates for public office (names only, in the case of candidates for members of boards of education). The notices in this case shall be put up at more than 50 places for each city, town or village or any other single unit in which the meeting will be held.
2 On the day when the meeting takes place, the Election Administration Commission of the city, town or village shall put up a notice, indicating the meeting hall and setting forth the names and party affiliations of the candidates for public office (names only, in the case of candidates for members of boards of education) in the meeting hall.
(Maintenance of Order in the Competitive Speech Meeting Hall)
Article 159. Any member of the Election Administration Commission of the city, town or village or any person designated by the Commission may put under control any one who interferes with the progress of a speech in the competitive speech meeting hall or violates order therein, or order out of the room any one who disobeys his directions.
2 In the case of the preceding paragraph, any member of the Election Administration Commission of the city, town or village or any person designated by the Commission may, in case of necessity, ask for disciplinary steps by members of the national rural police or municipal police concerned.
(Other Necessary Matters and Execution Business of Competitive Speech Meeting)
Article 160. Necessary matters concerning the competitive speech meeting other than those provided for in the preceding eight Articles shall determine by the Election Administration Commission of To, Do, Fu and prefecture, while business concerning facilities of the meeting hall and execution of the competitive speech meeting shall be conducted by the Election Administration Commission of the city, town or village.
(Individual Election Speech using Public Facilities)
Article 161. A candidate for a public office may make an individual election speech by the use of any of the facilities mentioned hereunder:
(1) A school-building (the school mentioned here refers to one as prescribed in Article 1 of the School Education Law);
(2) A public hall or an assembly hall placed under the supervision of a local public body;
(3) Other than those stated in above items, such facilities as may be designated by the Election Administration Commission of the city, town or village.
2 As regards the facilities of the preceding paragraph, necessary furnishings shall be furnished on the part of the supervisor in accordance with Cabinet Order.
3 When the Election Administration Commission of the city, town, or village has designated the facilities stated in paragraph 1 item 3, it shall immediately report to the Election Administration Commission of To, Do, Fu and prefecture.
4 Upon receipt of the report mentioned in the preceding paragraph, the Election Administration Commission of To, Do, Fu and prefecture shall make public the same notification.
(Speakers at an Individual Election Speech Meeting)
Article 162. When an individual election speech meeting is held in compliance with the provisions of the preceding Article, those other than the respective candidates for public office may also make a speech.
(Notification concerning the Holding of an Individual Election Speech Meeting)
Article 163. A candidate for a public office who is desirous of holding an individual election speech meeting in accordance with the provisions of Article 161 (Individual Election Speech using Public Facilities) shall notify in writing not later than two days before the date of the meeting, the Election Administration Commission of the city, town or village, of the facilities to be used, the date and time of the meeting and the name of the candidate for public office.
(Use of Facilities of an Individual Speech Meeting Hall without Charge)
Article 164. As regards the use of facilities (including furnishings) in the case of holding an individual election speech meeting in accordance with Article 161 (Individual Election Speech using Public Facilities), they shall be offered free for each candidate once only for each facility (includng furnishings).
(Restrictions on other Speech Meetings on the Day when the Competitive Speech Meeting takes place)
Article 165. On the day when a competitive speech meeting as provided for by this law takes place, no person shall hold a speech meeting for purposes of election compaign anywhere within three cho distant of hall of the said competitive speech meeting. To make a speech for purposes of election campaign on the street is likewise prohibited.
(Prohibition of Making a Speech at a Specified Building or Facilities)
Article 166. No person can make a speech for purposes of election campaign under whatever pretext at any of the buildings or facilities stated hereunder, provided, however, that as regards the buildings mentioned in item 1 this does not apply in cases where a competitive speech meeting or an individual election speech takes place in accordance with this law:
(1) Buildings owned or supervised by the State, local public bodies, the Japan National Railways or the Japan Monopoly Corporation;
(2) Trains, street-cars, omnibusses, ships (excepting those prescribed in paragraph 1 of Article 141 (Utilization for Election Campaign)), stations and other railway compounds;
(3) Hospitals, clinics and other saniterium facilities.
(Issue of the Election Official Gazette)
Article 167. In elections of members of the House of Representatives, of members of the House of Councillors, of governors of To, Do, Fu and prefecture, and of members of the boards of education of To, Do, Fu and prefecture, the Election Administration Commission of To, Do, Fu and prefecture shall issue once for each such election (excepting a reelection held as a result of an election being partially null and void, and an election held under paragraph 1 of Article 117 (Decisive Vote for Chief)) an election official gazette setting forth the names, careers, political views, etc. of candidates for those public offices.
2 The election gazette shall be issued for each election district (in case no election districts are established, for the whole district where the election is carried out).
3 No election gazette shall be issued for a district with special circumstances.
4 The district for which no election gazette is issued according to the preceding paragraph shall be determined by the National Election Administration Commission.
(Application for Publication in the Official Gazette)
Article 168. When the candidate for a public office desires to have his name, career, political views and the like published in the election gazette, he shall submit a written application to that effect with an article describing them to the Election Administration Commission of To, Do, Fu and prefecture not later than the date designated by the said Commission in case of the election for members of the House of Representatives, members of the House of Councillors (from local constituency), governor of To, Do, Fu and prefecture, or members of the boards of education of To, Do, Fu and prefecture, and to the National Election Administration Commission twenty days before the election day in case of an election for members of the House of Councillors (from national constituency).
2 The words of the article mentioned in the preceding paragraph shall not exceed five hundred.
3 In case the words of the article mentioned in paragraph 1 exceed the prescribed numbers the part in excess shall not be published in the election gazette.
(Procedures for Issuance of the Election Gazette)
Article 169. When the application mentioned in paragraph 1 of the preceding Article is made in regard to the election for members of the House of Councillors (from the national constituency), the National Election Administration Commission shall forward two copies of the article mentioned above (in case the words contained in it exceed the number prescribed in paragraph 2 of the preceding Article, only the part within the limitations) to the Election Administration Commission of To, Do, Fu and prefecture ten days before the election day.
2 The Election Administration Commission Of To, Do, Fu and prefecture, upon receipt of the application mentioned in paragraph 1 of the preceding Article or the copies of the article mentioned in the preceding paragraph, shall insert the article or the copies thereof in the Election Gazette in the original form.
3 In the election for members of the House of Councillors, the election gazette for candidates for membership in the House of Councillors from the national constituency and that for candidates for membership in the House of Councillors from the local constituencies shall be issued on separate papers.
4 In case the names, careers and political views of more than two candidates for a public office are published on the same paper, the order of their insertion shall be determined by lot by the Election Administration Commission of To, Do, Fu and prefecture.
5 The candidates who have made the application mentioned in paragraph 1 of the preceding Article or their agents can attend at the lottery mentioned in the preceding paragraph.
(Distribution of the Election Gazette)
Article 170. The election gazettes shall be distributed, not later than three days prior to the election day, to the households to which belong the persons mentioned in the electors'list to be used in the respective election, in accordance with the decision made by the Election Administration Commission of To, Do, Fu and prefecture.
(Cases where the Issuance of the Election Gazette is suspended)
Article 171. The procedures for issuance of the election gazette shall be suspended in case there is no necessity of carrying out voting on account of falling under the purview of paragraph 1 of Article 100 (Election without Contest) or in case of natural calamities, unavoidable accidents or other special circumstances.
(Other Necessary Matters concerning Election Gazette)
Article 172. The necessary matters concerning the procedures for issuance of the election gazette other than those mentioned in the preceding five Articles shall be determined by the Election Administration Commission in charge of the matters concerning the election concerned.
(Notices of the Names, etc. of Candidates for Public Office)
Article 173. In the election for members of the House of Representatives, members of the House of Councillors, governors of To, Do, Fu or prefecture and members of the boards of education of To, Do, Fu or prefecture, the Election Administration Commission of the city, town and village shall put up a notice of candidates as classified by their names and the parties to which they belong (names only, in the case of members of the board of education).
2 The notice mentioned in the preceding paragraph shall be put up at three to five places for each electoral district (one place in the case of members of the House of Councillors from national constituency), preference being given to the entrance of voting places or other places easily seen by the public.
(Period and order of Notice of the Names, etc. and Other Procedure for putting up the Notice)
Article 174. The notice mentioned in paragraph 1 of the preceding Article shall be continuously put up during the period from ten days before the election day to the election day.
2 In the election of members of the House of Councillors, notices shall be put up separately for the candidates for members of the House of Councillors from the national constituency and for those from the local constituencies.
3 Regarding the candidates for public office concerning whom the election meeting chairman has reported their applications or recommendations by twelve days before the election day, the order of insertion in the notice prescribed in paragraph 1 of the preceding Article shall be determined by lottery by the Election Administration Commission of the city, town and village, and regarding the candidates for public office concerning whom the election meeting chairman has reported within eleven days before the election day, the order shall be determined according to the order of receipt of the said reports or by lottery in case the reports are received at the same time.
4 The candidates for a public office in the election or their agents may attend the lottery mentioned in the preceding paragraph.
5 In case the Election Administration Commission of the city, town and village has received from the election meeting chairman concerned the notification to the effect that the candidate has died or has resigned from the candidacy after the notice mentioned paragraph 1 of the preceding Article has been put up, the said Commission shall delete from the notice the part concerning the candidate regarding whom the notification has been made.
(Other Necessary Matters concerning the Notice of Names, etc.)
Article 175. The necessary matters concerning the notice prescribed in paragraph 1 of Article 173 (Notices of the Names, etc. of candidates for Public Office) other than those mentioned in the preceding two Articles, shall be determined by the Election Administration Commission of To, Do, Fu or prefecture.
(Utilization of Transportation Facilities)
Article 176. In the election of members of the House of Representatives, members of the House of Councillors (from local constituencies), governors of To, Do, Fu or prefecture, and members of boards of education of To, Do, Fu or prefecture, the candidate for public office may be provided with fifteen special tickets free of charge in accordance with the provisions set by the Minister of Transportation, with a view to enabling the candidate for public office, the persons who recommended him and any other persons who engage in the election campaign to utilize such transportation facilities as the Japan National Railway, national railway bus service, local railways and tracks, general passenger buses and other transportation services within the district concerned, during the period of the election campaign. Furthermore, in the election of members of the House of Councillors (from the national constituency), the candidates may be provided with tickets mentioned in any one of the following items at their option, free of charge:
(1) Fifteen special tickets which can be used within the district of any To, Do, Fu or prefecture as a unit which the candidate desires, and fifteen commutation tickets of the Japan National Railway which can be used throughout the country;
(2) Fifteen special tickets which can be used within the district of any To, Do, Fu or prefecture as a unit which the candidate desires, and three special tickets of the Japan National Railway which can be used throughout the country;
(3) Six special tickets of the Japan National Railway which can be used throughout the country.
2 Any person who has been provided with special tickets and commutation tickets in accordance with the provisions of the preceding paragraph shall immediately return them when he has resigned from the candidacy for public office.
(Facilities for Fuels and Papers, and Return thereof)
Article 177. The State or local public bodies shall extend facilities concerning the distribution or delivery of gasoline or other kinds of fuel for automobiles according to the provisions of paragraph 1 of Article 141 (Utilization of Automobiles for Election Campaign) and paper to be used for posters according to the provisions of Article 144 (Number of Posters). In this case necessary measures for the planning and implementation of such distribution shall be worked out by the National Election Administration Commission or the Election Administration Commission of To, Do, Fu or prefecture.
2 The person who has received gasoline or other fuels for automobiles or paper according to the preceding paragraph shall immediately return the whole of them, when he has resigned from the candidacy. However, in case he can not return the whole of them because of having consumed some in his election campaign, he shall return the remainder with a detailed statement testifying of their consumption for the election campaign
(Restriction of Salutary Acts after the Day of Election)
Article 178. No person shall perform the acts mentioned in the following items after the day of election with a view to greeting the electors in regard to success or failure in the election. However, this shall not apply to the acts mentioned in item 1 when performed in person by the former candidate for public office:
(1) To make house-to-house visits to the electors;
(2) To distribute or display literature or drawings other than letters of one's own handwriting or letters written in reply to congratulation, consolation etc. for success or failure in election;
(3) To utilize newspapers or magazines;
(4) To hold a meeting in celebration of success in election or other meetings;
(5) To perform such spirit-raising acts as driving automobiles in procession or marching in rank and file, etc.;
(6) To call out the name of person elected or of the party or other political bodies in expression of gratitude for success in election.
CHAPTER XIV Income and Payment as well as Contribution concerning Election Campaign
(Definition of terms Income, Contribution and Payment)
Article 179. The term "income" as used in this chapter shall mean the receipt of money, goods or other property interests, as well as acceptance or promise of receipt of the same.
2 The term "contribution" as used in this chapter shall mean the offer or delivery of money, goods and other property interests, as well as promise of offer or delivery of the same other than those done as party fee membership fee, or discharge of liabilities.
3 The term "payment" as used in this chapter shall mean the offer or delivery of money, goods and other property interests, as well as promise of offer of delivery of the same.
(Appointment and Report of the Person responsible for Income and Payment)
Article 180. A candidate for public office shall apoint a person who shall assume the responsibility for income and payment concerning the election campaign concerned (hereinafter to be called the accountant). However, this shall not preclude the candidate from becoming the accountant himself or the recommender (in the case where there are several recommenders, their representative) from appointing the accountant or acting himself as the accountant with the consent of the candidate.
2 The person who appoints the accountant shall fix in a written statement, the maximum amount of money which the accountant may defray, and shall affix his signature and seal thereon together with these of the accountant.
3 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 Administration Commission which administers the affairs concerning the election concerned stating the name, address, occupation, date of birth and date of such appointment along with the name of the candidate.
4 In case the recommender has appointed the accountant, he shall attach to the report mentioned in the preceding paragraph a document proving that the candidate's consent has been obtained to such appointment (in the case where there are several recommenders, also a document to prove the status of their representative).
(Release and Resignation of Accountant)
Article 181. A candidate for public may release the accountant by a written notice. The same shall apply to the recommender who appointed the accountant, when the consent of the candidate concerned was obtained.
2 The accountant may resign his post by notifying the candidate for public office and the appointor in writing.
(Change of the Accountant)
Article 182. The person who has appointed the accountant shall immediately report any change in the appointment, after the manner prescribed in Article 180 (Appointment and Report of Accountant), paragraph 3 and paragraph 4.
2 The report of release of resignation prescribed in the preceding paragraph shall be accompanied by a document proving that the notice provided for in the preceding Article has been given. In the case where the accountant is released from his post by the recommender, the report shall also be accompanied by a document proving that the candidate's consent has been obtained.
(Execution of Duties of the Accountant in Place of Him)
Article 183. In case the accountant is prevented from executing his duty or is lacking, the person who appointed him shall act for him. In the case where the recommender who has appointed the accountant is also prevented from taking the accountant's place or is lacking, the candidate for public office shall execute the duty of the accountant (The same shall apply to the case where the recommender has become the accountant himself).
2 The person who executes the duty of the accountant in his place in accordance with the provisions of the preceding paragraph shall report so in the same manner as prescribed in Article 180, (Appointment and Report of Accountant,) paragraph 3 and paragraph 4.
3 The report mentioned in the preceding paragraph shall show the name of the accountant (also the name of the recommender who appointed the accountant, if he also is prevented or is absent) the fact that prevented the execution of the duty or of the vacancy and the date at which the execution of the duty of the accountant by proxy was commenced. Where the person who acts in place of the accountant ceases to do so, the reason thereof and the date thereof shall be written.
(Prohibition of Accepting and Disbursing Contributions before Report)
Article 184. The accountant (including the person who executes his duties in his place) is not authorized to accept or disburse contributions for a candidate for public office, no matter under what name, for the purpose of recommending, supporting, opposing or other campaigning of a candidate for public office, unless after the report has been made according to the provisions of Article 180 (Appointment and Report of Accountant), paragraph 3 or paragraph 4, Article 182 (Change of the Accountant), or paragraph 2 or paragraph 3 of the preceding Article. The same shall apply to the accepting of contributions by candidates for public office or their recommenders.
(Keeping of and Register in Account Book)
Article 185. The accountant shall keep an account-book and register therein the matters mentioned in each of the following items:
(1) All contributions and other incomes 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 the contributions prescribed in the preceding item as well as the amount (in case of contribution of property interests other than money, amount estimated in the current prices) and the 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 payment prescribed in the preceding item as well as the object, amount and date of such payment.
2 The National Election Administration Commission shall decide the kinds and form of the account-book prescribed in the preceding paragraph and issue a notification of them in the official gazette.
(Presentation of Detailed Statement)
Article 186. 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 after the day of the receipt of such contribution a detailed statement showing the name, address and occupation of the contributor as well as the amount and date thereof. However, he shall present it immediately on demand of the accountant.
2 With respect to any contribution mentioned in the preceding paragraph which was received by the candidate concerned before notifying his candidacy, he shall present to the accountant a detailed statement thereof immediately after the notification of his candidacy.
(Power of the Accountant to make Payment)
Article 187. With the exception of initial expenses necessary for the preparation for candidacy as well as expenses necessary for conducting the election campaign through telephone, no payments for the election campaign shall be made by any person other than the accountant (including the person who executes the accountant's duty in the latter's place). However, this shall not apply to the person who have obtained a written consent of the accountant for such payments.
2 With respect to the initial expenses for the preparation for candidacy paid by the candidate for public office or any person who has become the accountant, or by any person acting with the knowledge of the persons specified above, the accountant shall, immediately after assuming his post, settle accounts with the candidate concerned or with the person who have made such payments.
(Collection and Sending of the Receipts, etc.)
Article 188. The accountant or any person who has made payments with the knowledge of the candidate for public office or the accountant on behalf of either of them shall collect receipts and other vouchers of all payments made in connection with the election campaign. However, this shall not apply to the case where there are circumstances which make such collection difficult.
2 The person who made payments with the knowledge of the candidate or the accountant on behalf of either of them shall immediately send the documents mentioned in the preceding paragraph to the accountant.
(Presentation of Report of Income and Payment concerning Election Campaign)
Article 189. The accountant shall file, in accordance with the provisions of each of the following items, a report showing the matters prescribed in each item of Article 185 (Keeping of and Register in Account Book), paragraph 1 concerning the contributions and other incomes received as well as payments made in connection with the election campaign of the candidate for public office, to the Election Administration Commission which administer the affairs concerning the election concerned:
(1) Concerning all contributions and other incomes received as well as payments made before the day of the public notification or notice of date of the election, or received or made during the period from the day of the public notification or notice of the date of the election to the seventh day prior to the date of the election, by the fifth day prior to the date of the election;
(2) Concerning all contributions and other incomes received as well as payments made during the period from the sixth day prior to the date of the election concerned to the date of the election, and those after the date of the election, within fifteen days after the date of the election upon settlement of accounts with those prescribed in the preceding item;
(3) Concerning the contributions and other incomes received as well as payments made after the statement of settlement of accounts mentioned in the preceding item has been filed, within seven days after the day on which such contributions and other incomes have been received or payments made.
2 In the case of the election mentioned in Article 117 (Decisive Vote for Chief) paragraph 1, the contributions and other incomes received as well as payments made in connection with the election campaign shall be regarded as the contributions and other incomes received or payments made after the date of election which required the election concerned to be held, and the provisions of items 1 and 2 of the preceding paragraph shall apply. However, concerning the application of the provision of item 2 of the preceding paragraph, "within fifteen days after the date of the election" shall read as "within fifteen days after the date of the election mentioned in Article 117 paragraph 1 or 3."
3 A document swearing that the descriptions are true shall be attached to the report mentioned in the preceding two paragraphs.
(Transfer of the Accountant's Business)
Article 190. In the case whose the accountant either resigns his post or is released, he shall immediately prepare a calculation of the contributions and other incomes received as well as payments made in connection with the election campaign of the candidate for public office and hand over the business to the new accountant, or to the person who acts for the accountant, if there is no person to become the new accountant. This shall also apply to the case where the new accountant is determined after the person who has been acting for the accountant was handed over the duty of the accountant.
2 In the case where the handing over is made in accordance with the provisions of the preceding paragraph, the person who hands over the duties shall make a statement in the same manner as prescribed in the preceding Article showing the fact and date of such transfer, with the signatures and seals of both the person who hands over and the person who takes over the duties affixed to it, and shall hand it over together with the cash, account-book and other documents.
(Preservation of Account-Book and Documents)
Article 191. The accountant shall preserve the account-book, detailed statement and receipts and other papers which prove the payments for a period of two years from the day on which the report under the provisions of Article 189 (Presentation of Report of Income and Payment concerning Election Campaign) has been filed.
(Publication, Preservation and Perusal of Reports)
Article 192. On acceptance of the report made in accordance with the provision of Article 189 (Presentation of Report of Income and Payment concerning Election Campaign) the Election Administration Commission which administers the affairs concerning the election concerned shall publish its purport according to the manner as prescribed by the National Election Administration Commission.
2 The publication prescribed in the provision of the preceding paragraph shall be made by the Official Gazette in the case of the National Election Administration Commission, by the Official Bulletin of To, Do, Fu and prefectures in the case of the Election Administration Commission of To, Do, Fu or prefecture, and in a way convenient for dissemination as previously set by notification in the case of the Election Administration Commission of city, town or village.
3 The report prescribed in Article 189 shall be preserved by the Election Administration Commission concerned for a period of two years from the day on which the report has been accepted by the Commission.
4 Any person may peruse the report according to the manner prescribed by the Election Administration Commission which administers the affairs concerning the election concerned, during the period mentioned in the preceding paragraph.
(Request for Materials concerning Examination of Report)
Article 193. The National Election Administration Commission, the Election Administration Commission of To, Do, Fu and prefecture or the Election Administration Commission of city, town and village may request the candidate for public office and other persons concerned for presentation of reports or materials in case it deems it necessary in connection with examination of the report under the provision of Article 189 (Presentation of Report of Income and Payment concerning Election Campaign).
(Limitation of Amount of Payments concerning Election Campaign)
Article 194. The amount of payments concerning election campaign shall not exceed per each candidate the amount obtained by multiplication of the amount of money fixed by Cabinet Order by the number stipulated in each of the following items:
(1)In the case of election of members of the House of Representatives:
The number obtained by division of the total number of persons registered on the electors'list concerned on the day of public notification or notice of the date of the election by the fixed number of the members in the constituency concerned;
(2)In the case of election of members of the House of Councillors:
The number obtained by division of the total number persons registered on the electors'list concerned on the day of public notification or notice of the date of the election by the fixed number of the members in the constituency concerned in the ordinary election (in the case of the members from the national constituency, the fixed number of the members in the ordinary election);
(3)In the case of election of assemblymen of a local public body:
The number obtained by division of the total number of persons registered on the electors'list concerned on the day of notice of the date of the election by the fixed number of assemblymen in the constituency concerned (in the case where there is no specific constituency, the fixed number of assemblymen);
(4)In the case of election of the chief of a local public body:
The total number of persons registered on the electors'list concerned on the day of notice of the date of the election;
(5)In the case of election of members of boards of education:
The number obtained by division of the total number of persons registered on the electors'list concerned on the day of notice of the election by the fixed number of the members in the regular election.
2 The amount of payments concerning the election campaign for the election prescribed in Article 117 paragraph 1 (Decisive Vote for Chief) shall not exceed, per each candidate for public office, the amount corresponding to one sixth of the amount prescribed in the preceding paragraph for the election of the chief of a local public body.
3 In the case of the preceding two paragraphs, if there is a fraction less than one hundred yen, the said fraction shall be regarded as one hundred yen.
(Limitation of the Amount of Payments concerning Election Campaign in the case of Partial Invalidity of Election and Deferred Voting)
Article 195. The amount of payments concerning election campaign in a re-election due to partial invalidity of election may not exceed, per each candidate for public office, despite the provisions of the preceding Article, the amount obtained by multiplication of the amount prescribed by Cabinet Order by the number mentioned in each of the following items:
(1)In the case of election of members of the House of Representatives:
The number obtained by division of the total number of persons registered on the electors'list concerned in the relative district on the day of notice of the date of the election by the fixed number of the members to be elected in the constituency concerned;
(2)In the case of election of members of the House of Councillors:
The number obtained by division of the total number of persons registered on the electors'list concerned in the district concerned on the day of notice of the date of the election by the fixed number of the members to be elected in the constituency concerned in the ordinary election, (in the case of members from the national constituency, the fixed number of members in the ordinary election);
(3)In the case of election of assemblymen of a local public body:
The number obtained by division of the total number of persons registered on the electors'list concerned in the district concerned on the day of notice of the date of the election by the fixed number of assemblymen in the constituency concerned (in case there is no specific constituency, the fixed number of assemblymen);
(4)In the case of election of the chief of a local public body:
The total number of persons registered on the electors'list concerned in the district concerned;
(5)In the case of election of members of boards of education:
The number obtained by division of the total number of persons registered on the electors'list concerned in the district concerned on the day of notice of the date of the election by the fixed number of the members in the regular election.
2 The amount of payments concerning the election campaign in the case where the voting in accordance with the provision of Article 57 paragraph 1 (Deferred Voting) is held, shall not exceed, per each candidate for public office, the amount obtained in accordance with the provision of the preceding paragraph. However, the amount may be reduced if the Election Administration Commission which administer the affairs concerning the election concerned deems it necessary.
3 The provisions of the preceding Article paragraph 3, shall apply mutatis mutandis to the cases mentioned in the preceding two paragraphs.
(Notice of the Limited Amount of Payments concerning the Election Campaign)
Article 196. The Election Administration Commission which administers the affairs concerning the election concerned shall, immediately after the public notification or notice of the date of the election concerned, make a notice of the amount obtained in accordance with the provisions of the preceding two Articles.
(The Sphere of Payments not to be regarded as Payments concerning Election Campaign)
Article 197. The payments mentioned in any of the following items shall not be regarded as payments concerning the election campaign:
(1) Payments required for preparation of candidacy other than those made by the candidate for public office or the person who becomes the accountant, or those made with the knowledge of either the candidate or the accountant;
(2) Payments other than those made with the knowledge of either the candidate for public office or the accountant, after the notification under Article 86 (Notification, etc. of Candidacy), paragraphs 1 to 4 inclusive and 6 has been done or after becoming a candidate for public office in accordance with the provisions of Article 117 paragraph 1 (Decisive Vote for Chief);
(3) Payments for ships, horses and vehicles, etc. used by a candidate for public office;
(4) Payments required for adjustment of remaining business of election campaign after the date of election;
(5) Payments of taxes or fees to the State or to a local public body concerning the election campaign.
2 In elections of members of the House of Representatives, members of the House of Councillors, governor of To, Do, Fu and prefecture and members of boards of education of To, Do, Fu and prefecture, payments incurred for use of automobiles in accordance with the provision of Article 141 paragraph 1 (Utilization for Election Campaign) shall be regarded as those mentioned in the preceding paragraph.
(Invalidity of Success in Election due to the Excess of the Limited Amount of Payments concerning Election Campaign)
Article 198. In case the amount of payments paid out concerning the election campaign of a candidate for public office has exceeded the amount shown in the public notification done in accordance with the provision of Article 196 (Notice of Limited Amount of Payments concerning Election Campaign), the success of the candidate shall be invalid. However, the same shall not apply when the candidate and the person who recommended him have paid due attention to the appointment and supervision of the accountant or the person who performs the duty of the accountant in his place, and furthermore there is no fault in the payments concerning the election campaign on the part of the accountant or the person who performs the duty of the accountant.
(Prohibition of Contribution by Specified Persons)
Article 199. No person mentioned in any of the following items shall make contributions in connection with elections. However, this shall not apply to the case where a person mentioned in item 1 makes contribution to the political party, any other political organization or its branch which he belongs to, and to the case where a contribution is made to a person who resides outside the area concerned of the election concerned:
(1) A candidate for public office in the election concerned;
(2) A party of a contract for work or of other agreement attended with special profits concluded with the State in the case of an election of members of the House of Representatives and members of the House of Councillors or with the local public body concerned in the case of an election of assemblymen, chief, or members of the board of education, of a local public body;
(3) A person who comes under the memorandum mentioned in Article 3 of Imperial Ordinance No.1 of 1947.
(Prohibition of Solicitation or Request for Contribution to the Specified Person)
Article 200. No person shall solicit or request the persons mentioned in any of the items of the preceding Article for contributions in connection with elections.
2 No person shall receive contributions in connection with elections from the person mentioned in any of the items of the preceding Article (excepting the cases which come under the provisions of the proviso to the same Article), as well as from a foreigner, a foreign juridical person or foreign organization.
(Prohibition of Anonymous Contributions, etc. and Reversion to the National Treasury)
Article 201. No person shall make a contribution in connection with elections anonymously or under any name other than his full legal name.
2 No person shall receive the contributions mentioned in the preceding paragraph.
3 In case the contributions are made in violation of the provisions of paragraph 1, the ownership of money or goods thus contributed shall be deemed to revert to the National Treasury, and the person having the custody of them shall take the procedure to pay them into the National Treasury.
CHAPTER XV Actions
(Filing of Objections and Appeals regarding the Validity of Elections of Assemblymen, Chiefs and members of Boards of Education, of Local Public Bodies)
Article 202. In an election of assemblymen, chiefs, and members of Boards of Education, of Local public bodies, an elector or candidate for public office who has an objection to the validity of the election may, within fourteen days from the day of the election, file the objection in writing with the Election Administration Commission which administers the affairs relating to the election concerned.
2 The period of the preceding paragraph, in case the election prescribed in Article 117 paragraph 1 (Decisive Vote), or Article 128 (Simultaneous Election of Decisive Vote) paragraph 1 or paragraph 3, is conducted regarding the election of a chief of a local public body, shall be calculated from the day of election prescribed in Article 117 paragraph 1 or paragraph 3, or in Article 128 paragraph 1 or paragraph 3.
3 A person who is dissatisfied with the determination of the Election Administration Commission of a city, town or village regarding his filing of an objection as prescribed in the preceding two paragraphs, may make and appeal in writing to the Election Administration Commission of the To, Do, Fu or prefecture concerned, within twenty-one days from the day of the said determination.
(Lawsuits regarding the Validity of Elections of Assemblymen, Chiefs and Members of Board of Education, of Local Public Bodies)
Article 203. In an election of assemblymen, chiefs, and members of Boards of Education, of local public bodies, any person who is dissatisfied with the determination of the Election Administration Commission of the To, Do, Fu or prefecture regarding an objection filed under paragraph 1 of the preceding Article, or with the decision of the same regarding the appeal under paragraph 3 of the preceding Article, may institute a suit in a Higher Court within thirty days from the day on which he received the written determination or written decision or from the day of announcement under the provisions of Article 215 (Announcement of Gist of Written Determinations or Decision).
2 With regard to a suit concerning the validity of an election of assemblymen chiefs, and members of boards of education, of local public bodies, no suit may be brought to the Court until after the determination against the objection filed under the provisions of paragraph 1 of the preceding Article or the decision to an appeal under the provisions of paragraph 3 of the same Article has been received.
(Lawsuits regarding the Validity of an Election of Members of the House of Representatives or Members of the House of Councillors)
Article 204. In an election of members of the House of Representatives or members of the House of Councillors, an elector or candidate for public office, who has an objection to the validity of the election may, within thirty days from the day of the election, institute a suit in a Higher Court against the chairman of the Election Administration Commission of the To, Do, Fu or prefecture concerned, in the case of an election of members of the House of Representatives or prefectural constituency members of the House of Councillors, and against the chairman of the National Election Administration Commission in the case of an election of national constituency members of the House of Councillors.
(Determination, Decision or Judgement of Invalidity of an Election)
Article 205. In cases where an objection is filed an appeal in made, or a suit is instituted with regard to the validity of an election, and when a violation of the provisions relating to elections has been committed, the election administration commission concerned or the Court shall determine, decide or judge the whole or a part of the election to be invalid, only when the violation is likely to affect the results of the election.
(Filing of Objections and Appeals regarding the Validity of Success in Election of Assemblymen, Chiefs, and members of Boards of Education, of Local Public Bodies)
Article 206. In an election of assemblymen, chiefs, or members of boards of education, of local public bodies, and elector or candidate for public office who has an objection to the validity of success in election may, within fourteen days from the day of announcement prescribed in Article 101, paragraph 2, (Determination of Person Elected) or Article 106 paragraph 2, (Cases where there is no Person Elected) file the objection in writing to the Election Administration Commission which administers the affairs relating to the election concerned.
2 The period of the preceding paragraph, in case the election prescribed in Article 117, paragraph 1 (Decision Vote), or Article 128 (Simultaneous Election of Decisive Vote) paragraph 1 or paragraph 3, is conducted regarding the election of a chief of a local public body, shall be calculated from the day of announcement prescribed in Article 101 paragraph 2, or Article 106 paragraph 2 concerning these elections.
3 A person who is dissatisfied with the determination of the Election Administration Commission of a city, town or village regarding his filing of an objection as prescribed in the preceding two paragraphs, may make an appeal in writing to the Election Administration Commission of the To, Do, Fu or prefecture concerned, within twenty-one days from the day of the said determination.
(Lawsuits regarding the Validity of Success in Election of Assemblymen, Chiefs, and Members of Boards of Education, of Local Public Bodies)
Article 207. In an election of assemblymen, chiefs, and members of board of education, of local public bodies, any person who is dissatisfied with the determination of the election administration commission of the To, Do, Fu or prefecture regarding a filing of objection under paragraph 1 of the preceding Article, or with the decision of the same regarding an appeal under paragraph 3 of the preceding Article, may institute a suit in a Higher Court within thirty days from the day on which he received the written determination or written decision or from the day of announcement under the provisions of Article 215 (Announcement of Gist of Written Determination or Decision).
2 The provisions of Article 203 paragraph 2 (Objection of Appeal to be filed before a Lawsuit can be instituted regarding Validity of Election) shall apply mutatis mutandis to cases when lawsuits are instituted concerning the validity of success in election, of assemblymen, chiefs, and members of boards of education, of local public bodies.
(Lawsuits regarding the Validity of Success in Election of Members of the House of Representatives or Members of the House of Councillors.)
Article 208. In an election of members of the House of Representatives or members of the House of Councillors, an unsuccessful candidate who has an objection regarding the validity of the election of a person elected, may institute a suit in a Higher Court against the person elected within thirty days from the day of announcement prescribed in Article 101 paragraph 2, (Determination of Person Elected) and Article 106 paragraph 2, (Cases where there is no Person Elected). However, when the suit is to be instituted on the ground that the number of votes under the provisions of the proviso to Article 95 paragraph 1, (Minimum Number of Ballots to be obtained) has been obtained, on the ground that the election does not abide by the provisions of Article 98 (Forfeit of Eligibility, and Determination of Persons Elected), Article 99 (Disqualification of Person Elected due to Forfeit of Eligibility) or Article 103 paragraph 1 (Disqualification of Person Elected due to Failure to resign from Prohibited Concurrent Office), or on the ground that the determination made under Article 100 paragraph 5, (Determination of Eligibility in case of Election without Contest) is illegal, the suit shall be instituted against the chairman of the election administration commission of the To, Do, Fu or prefecture concerned, in the case of an election of members of the House of Representatives or prefectural constituency members of the House of Councillors, and against the Chairman of the National Election Administration Commission in the case of an election of national constituency members of the House of Councillors.
2 When a suit is instituted according to the provisions of the preceding paragraph and the person elected dies before the decision become finally binding, the Public Procurator shall become the defendant.
(Determination, Decision or Judgement of Invalidity of Election in Actions concerning Validity of Success in Election)
Article 209. Even in cases where an objection is filed, an appeal is made, or a suit is instituted concerning the validity of success in election under the provisions of the preceding three Articles, the Election Administration Commission or Court concerned shall determine, decide or judge the whole or a part of the election to be invalid, when the election concerned abides by the case of Article 205 (Determination, Decision or Judgement of Invalidity of an Election).
(Lawsuits on Invalidity of Success in Election on the Ground of Exceeding the Limited Amount of Election Campaign Payments)
Article 210. Any elector or candidate for public office who considers a success in election to be invalid under the provisions of Article 198 (Excess of Limited Amount of Payments concerning Election Campaign) may institute a suit in a Higher Court against the person elected, within thirty days from the day of announcement under Article 101 paragraph 2 (Determination of Person Elected).
(Lawsuits on Invalidity of Success in Election on the Ground of an Election Crime by the General Manager of the Election Campaign)
Article 211. When the general manager of the election campaign has committed any of the crimes prescribed in Article 221 (Mass Bribery and Mass Persuasion with Interests), Article 222 (Bribery and Persuasion with Interests against many persons) or Article 223 (Bribery and Persuasion with Interests, against Candidates and Persons Elected), and has been condemned to a penalty, an elector or candidate for public office who considers the success in election of the person elected concerned to be invalid under the provisions of the latter part of Article 251 paragraph 1, (Invalidity of Success in Election on the ground of Election Crime by General Manager of Election Campaign) may institute a suit in a Higher Court against the person elected, within thirty days from the day the above judgement become finally binding.
(Lawsuits on Invalidity of Success in Election on the Ground of Accountant's Violation of Obligation to submit Reports)
Article 212. When the accountant has committed the crime prescribe in Article 247 (Violation of Obligation to Submit Reports) and has been condemned to a penalty, an elector or candidate for public office who considers the success in election of the person elected concerned to be invalid under the provisions of Article 251 paragraph 2 (Invalidity of Success in Election on the ground of Election Crime by Accountant) may institute a suit in a Higher Court against the person elected, within thirty days from the day the above judgement become finally binding.
(Disposal of Actions)
Article 213. With regard to the actions provided for in this Chapter, efforts shall be made to give determinations against filing of objections within thirty days from the day the objection was received, decisions to appeals within sixty days from the day the appeal was received, and judgements to lawsuits within one hundred days from the day the case was received.
2 With regard to the lawsuit in the preceding paragraph, the Court shall immediately sit in judgement notwithstanding the order of other lawsuits on hand.
(Institution of Actions and Execution of Punishment)
Article 214. The execution of punishment shall not be suspended, notwithstanding a filing of objection, an institution of appeal or an institution of lawsuit as provided for in this Chapter.
(Delivery of Written Determination or Decision, and Announcement of Gist thereof)
Article 215. The determination against an objection filed under Article 202 paragraph 1 (Filing of Objection regarding Validity of Election) and Article 206 paragraph 1 (Filing of Objection regarding Validity of Success in Election) and the decision to an appeal under the provisions of Article 202 paragraph 3, (Lawsuit regarding Validity of Election) and Article 206 paragraph 3 (Lawsuit regarding Validity of Success in Election) shall be effected in writing and handed to the applicant with the reason attached thereto, at the same time an announcement being made of the gist thereof.
(Application of the Administrative Appeal Law)
Article 216. With regard to the appeal under Article 202 paragraph 3 (Appeal regarding Validity of Election), and Article 206 paragraph 3 (Appeal regarding Validity of Success in Election) the provisions of Article 6 (Written Appeal), Article 7 paragraph 1 (Joint Appeal), Article 9 (Rejection and Return of Appeal), Article 10 paragraph 1 (Presentation of Appeal in writing), Article 13 (Examination) and Article 16 (Binding Force of Decision), of the Administrative Appeal Law (Law No.105, 1890) shall be applicable, excepting those provided in this Chapter.
(Jurisdiction over Lawsuits against Persons Elected)
Article 217. A lawsuit against a person elected in accordance with the provisions of Article 208 (Lawsuit regarding Validity of Success in Election), Article 210 (Excess of Limited Amount of Election Campaign Payments), Article 211 (Election Crime by General Manager of Election Campaign) and Article 212 (Accountant's Violation of Obligation to submit Reports), shall be under the exclusive jurisdiction of the Higher Court which has jurisdiction over the seat of the Election Administration Commission which administers the affairs relating to the election concerned.
(Attendance of Public Procurator at Trials of Election Lawsuits)
Article 218. In trying a lawsuit under the provisions of this Chapter, the Court may require the public procurator to attend the oral proceedings.
(Application of Lawsuit Provisions to Election Lawsuits)
Article 219. With regard to lawsuits under the provisions of this Chapter, the provisions of laws concerning Civil Procedure shall be applicable, besides the provisions of Article 8, Article 9, Article 10 paragraph 7, and Article 12 of the Law for Exceptions to Procedure of Administrative Litigation (Law No.81 of 1948), excepting those specially provided for in this Chapter.
(Information concerning Election Lawsuits, and Transmittal of Certified Copy of Judgement)
Article 220. When a suit is instituted under the provisions of Article 203 (Lawsuit regarding Validity of Election), Article 204 (Lawsuit regarding Validity of Election), Article 207 (Lawsuit regarding Validity of Success in Election), or Article 208 (Lawsuit regarding Validity of Success in Election), the Chief Judge of the Court shall inform the National Election Administration Commission, and also the Election Administration Commission which administers the affairs relating to the election concerned through the chief of the local public body concerned. The same shall apply when the suit has become no more pending.
2 When a suit is instituted under the provisions of Article 210 (Excess of Limited Amount of Election Campaign Payments), Article 211 (Election Crime by General Manager of Election Campaign) or Article 212 (Accountant's Violation of Obligation to submit Reports), has become no longer pending, the same as the preceding paragraph shall apply.
3 When a judgement becomes finally binding with regard to a suit mentioned in the preceding two paragraphs, the Chief Judge of the Court shall send a certified copy of the judgement to the National Election Administration Commission, and also the Election Administration Commission which administers the affairs relating to the election concerned through the chief of the local public body concerned. In this case another copy shall be sent to the speaker of the House of Representatives or the President of the House of Councillors with regard to members of the House of Representatives or members of the House of Councillors, to the chairman of the assembly concerned with regard to assemblymen of local public bodies, and to the chairman of the board concerned with regard to members of boards of education.
CHAPTER XVI Penal Provisions
(Bribery and Persuasion with Interests)
Article 221. Any person who has committed an act falling under any of the following items shall be punished with penal servitude of imprisonment without hard labor for a period not exceeding three years, or a fine not exceeding fifty thousand yen:
(1) When, with the object of being elected, causing a candidate to be elected, or preventing him from being elected, money, goods, and other property advantages or public or private employment have been given, proposed or promised, entertainment has been given, proposed or promised to an elector or canvasser;
(2) When, with the object of being elected, causing a candidate to be elected, or preventing him from being elected, irrigation water, tenancy, credit, contributions or other special relations of direct interest to an elector or canvasser or to shrines, temples, schools, companies, unions, and cities, towns and villages, etc., in which an elector or canvasser is interested, have been taken advantage of in persuading an elector or canvasser;
(3) When, with the object of compensation for voting or not voting, campaigning or discontinuance of campaigning, or recommending and persuading the same, any of the acts mentioned in item 1 have been committed to an elector or canvasser;
(4) When a person has received or demanded for an offer or entertainment prescribed in item 1 or the preceding item, accepted proposals prescribed in item 1 or the preceding item, or yielded to or urged the persuasion prescribed in item 2;
(5) When, with the object of inducing the acts mentioned in items 1 to 3, a person has given, proposed or promised to give money or goods to a canvasser, or when a canvasser has received, demanded, or accepted a proposal of such money or goods;
(6) When a person, has mediated or persuaded in relation to the acts mentioned in any of the preceding items.
2 When a member or employee of an election administration commission, a voting overseer, a ballot-counting overseer, an election meeting chairman or election submeeting chairman, of a Government or public official connected with election business, has committed a crime mentioned in the preceding paragraph with regard to the election concerned, he shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding four years, or a fine not exceeding seventy-five thousand yen. The same shall apply when a member of a Public Safety Commission or a member of the National Rural Police or municipal police has committed a crime mentioned in the preceding paragraph with regard to the election in the district with which he is connected in such capacity.
(Bribery and Persuasion with Interest, against Many Persons)
Article 222. Any person who has committed an act falling under any of the following items shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding five years:
(1) When, with the object of gaining property advantages, a person has, on behalf of a candidate for public office, committed or caused a person to commit against a large number of electors or canvassers, any of the acts men tioned in items 1 to 3, item 5 or 6 of paragraph 1 of the preceding Article;
(2) When, with the object of gaining property advantages, a person has, on behalf of a candidate for public office, undertaken, caused a person to undertake, or proposed, to commit against a large number of electors or canvassers, any of the acts mentioned in items 1 to 3, item 5 or 6 of paragraph 1 of the preceding Article.
2 The same as the preceding paragraph shall apply when the person who has committed a crime mentioned in items 1 to 3, item 5 or 6 of paragraph 1 of the preceding Article, is a habitual offender.
(Bribery and Persuasion with Interests, against Candidates for Public Office and Persons Elected)
Article 223. Any person who has committed an act falling under any of the followign items shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding four years, or a fine not exceeding seventy-five thousand yen:
(1) When a person has committed an act mentioned Article 221 (Bribery and Persuasion with Interests) paragraph item (1) or (2) against a candidate for public office or a person intending to become a candidate for public office with the object of making him abandon his candidacy or his intention to the same:or against an elected person with the object of making him decline his successful election to the same:or against an elected person with the object of making him decline his successful election;
(2) When a person has committed an act mentioned in Article 221 paragraph 1 item 1, against a person who had been a candidate for public office, a person who had intended to become the same, or a person who had been an elected person, with the object of compensating him for having abandoned his candidacy or intention to the same, for having declined his successful election, or for having mediated or persuaded with the same objects;
(3) When a person has received or demanded offers or entertainment prescribed in the preceding two items, accepted proposals prescribed in the preceding two items, or yielded to or urged the persuasion prescribed in item 1;
(4) When a person has mediated or persuaded in relation to the acts mentioned in any of the preceding items.
2 When a member or employee of an election administration commission, a voting overseer, a ballot-counting overseer, an election meeting chairman or election sub-meeting chairman, or a government or public official connected with election business, has committed a crime mentioned in the preceding paragraph with regard to the election concerned he shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding five years, or a fine not exceeding one hundred thousand yen. The same shall apply when a member of a Public Safety Commission or a member of the National Rural Police or municipal police has committed a crime mentioned in the preceding paragraph with regard to the election in the district with which he is connected in such capacity.
(Confiscation in case of Bribery and Persuasion with Interests)
Article 224. Any benefit accepted or received in the cases of the preceding three Articles shall be confiscated. If confiscation in whole or in part is impossible the value of such interest shall be additionally collected.
(Obstruction to Freedom of Election)
Article 225. Any person who has committed an act falling under any of the following items with regard to elections shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding four years, or a fine not exceeding seventy-five thousand yen:
(1) When a person has used violence or intimidation against, or has abducted, an elector, a candidate for public office or a person intending to become the same, a canvasser or a person elected;
(2) When a person has obstructed the facilities of traffic or meetings, interrupted speeches, or obstructed the freedom of election by fraudulent or other unfair means;
(3) When a person has threatened an elector, a candidate for public office or a person intending to become the same, a canvasser or a person elected, by taking advantage of irrigation water, tenancy, credit, contributions or other special relations of driect interest to an elector, a candidate for public office or a person intending to become the same, a canvasser or a person elected, or to shrines, temples, schools, companies, unions, and cities, towns and villages which are related to the above.
(Obstruction to Freedom of Election by Abuse of Authority)
Article 226. When, in connection with an election, a Government or public official, a member or employee of an Election Administration Commission, a voting overseer, a ballot-counting overseer, an election meeting chairman or election sub-meeting chairman, has intentionally neglected to discharge his duty, or has obstructed the freedom of election by abuse of authority, tracing candidates for public office or canvassers, or entering their houses or election offices without any justifiable reason, he shall be punished with imprisonment without hard labor for a period not exceeding four years.
2 When a Government or public official, a member or employee of an Election Administration Commission, a voting overseer, a ballot-counting overseer, an election meeting chairman or election sub-meeting chairman, has demanded an elector to reveal the name of the candidate for whom he intends to vote or has voted, he shall be punished with imprisonment without hard labor for a period not exceeding six months, or a fine not exceeding seven thousand five hundred yen.
(Infringement upon the Secrecy of Voting)
Article 227. When a member or employee of an Election Administration Commission, a voting overseer, a ballot-counting overseer, an election meeting chairman or election sub-meeting chairman, a Government or public official connected with election business, a witness or a supervisor has revealed the name of the candidate for whom an elector has voted, he shall be punished with imprisonment without hard labor for a period not exceeding two years, or a fine not exceeding twenty-five thousand yen. The same shall apply when the facts he has revealed are false.
(Interference with Voting)
Article 228. Any person who, at a voting-place or a ballot-counting place, has interfered with the voting of an elector without any justifiable cause, or has put into practice any device to discover the name of a candidate voted for, shall be punished with imprisonment without hard labor for a period not exceeding one year, or a fine not exceeding fifteen thousand yen.
2 Any person who, not in accordance with provisions of laws and orders, has opened a ballot-box or has removed ballots therefrom, shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding three years, or a fine not exceeding fifty thousand yen.
(Crimes of Sedition, etc. against Election Administration Organs, Election Facilities, etc.)
Article 229. Any person who has committed violence against or threatened a voting overseer, a ballot-counting overseer, an election meeting chairman or election sub-meeting chairman, a witness or an election supervisor, or, has disturbed a voting place, a ballot-counting place, an election meeting place of election sub-meeting place, or has detained, damaged or plundered ballots, ballot-boxes or election documents, shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding four years.
(Obstruction to Election by a Crowd)
Article 230. Any person who, assembling in a crowd, has committed a crime prescribed in Article 225, (Obstruction to Freedom of Election) item 1, or the preceding Article, shall be punished according to the following classification:
(1) The ringleaders shall be punished with penal servitude or imprisonment without hard labor for a period not less than one year and not exceeding seven years;
(2) Persons who commanded others or took the lead in animating others, shall be punished with penal servitude or imprisonment without hard labor for a period not less than six months and not exceeding five years;
(3) Persons who have blindly joined and followed the crowd shall be punished with a fine or minor fine not exceeding two thousand five hundred yen.
2 When a crowd assembles to commit a crime prescribed in Article 225 item 1, or the preceding Article, and has failed to disperse after receiving orders to disperse from the public officials concerned more than three times, the ringleaders shall be punished with imprisonment without hard labor for a period not exceeding two years, and the others shall be punished with a fine or minor fine not exceeding two thousand five hundred yen.
(Carrying of Weapons)
Article 231. Any person who, in connection with an election, carries a fire-arm, a sword or dagger, a bludgeon, or other object capable or causing death or injury to a person, shall be punished with imprisonment without hard labor for a period not exceeding two years, or a fine not exceeding twenty-five thousand yen.
2 Members concerned of the National Rural Police or municipal police may, whenever it is considered necessary, seize any of the objects mentioned in the preceding paragraph.
(Carrying of Weapons into a Voting Place, a Ballot-counting Place, an Election Meeting Place, etc.)
Article 232. Any person who enters a voting place, a ballot-counting place, an election meeting place or election sub-meeting place, carrying any of the objects mentioned in the preceding Article, shall be punished with imprisonment without hard labor for a period not exceeding three years, or a fine not exceeding fifty thousand yen.
(Confiscation of Carried Weapons)
Article 233. In case a person has committed a crime mentioned in the preceding two Articles, the weapons carried by him shall be confiscated.
(Incitement of Election Crimes)
Article 234. Any person who, with the object of inducing others to commit any of the crimes mentioned in Article 221 (Bribery and Persuasion with Interests), Article 222 (Bribery and Persuasion with Interests against many persons), Article 223 (Bribery and Persuasion with Interests against Candidates for Public Office and Persons Elected), Article 225 (Obstruction to Freedom of Election), Article 228 (Interference with Voting), Article 229 (Crimes of Violence, Sedition, etc., against Election Administration Organs, Election Facilities, etc.), Article 230 (Obstruction to Election by a Crowd), Article 231 (Carrying of Weapons) or Article 232 (Carrying of Weapons into a Voting Place, a Ballotcounting Place, an Election Meeting Place, etc.), incites them by means of speeches, newspapers, magazines, circulars, posters or whatever other means, shall be punished with imprisonment without hard labor for a period not exceeding one year, or a fine not exceeding fifteen thousand yen. However, in the case of newspapers and magazines, the editor or the person who actually took charge of the editing shall also be punished.
(Publication of False Matters)
Article 235. Any person who, by means of speeches, newspapers, magazines, circulars, posters or whatever other means, has committed any of the acts falling under any of the following items, shall be punished with imprisonment without hard labor for a period not exceeding two years, or a fine not exceeding twenty-five thousand yen. The instance of the proviso to the preceding Article shall apply with regard to newspapers and magazines:
(1) When, with the object of being elected or causing a candidate to be elected, a person has published false information regarding the status, occupation or career of a candidate for public office;
(2) When, with the object of preventing his election, a person has published false information regarding a candidate for public office.
2 The same shall apply also when the fairness of election has been impaired by newspapers and magazines, in violation of the provision of the proviso to Article 148 (Freedom of News, Comments, etc. of Newspapers and Magazines) paragraph 1.
(Fraudulent Registration, Fraudulent Declaration, etc.)
Article 236. Any person who by fraudulent methods has been registered in the electors'list, or who has made a false declaration in the case of Article 50 paragraph 1, (Declaration to identify an Elector) shall be punished with a fine not exceeding two thousand five hundred yen.
2 The same as the preceding paragraph shall apply to any person who has neglected the presentation of the seamen's list in violation of the provisions of Article 21 (Preparation of Basic Electors'List for Mariners).
(Fraudulent Voting, and Forgery or Manipulation of Votes)
Article 237. When a person who is not an elector has voted, he shall be punished with imprisonment without hard labor for a period not exceeding one year, or a fine not exceeding fifteen thousand yen.
2 Any person who has voted by assuming a false name or by other fraudulent means shall be punished with imprisonment without hard labor for a period not exceeding two years or a fine not exceeding twenty-five thousand yen.
3 Any person who has forged votes or has manipulated votes to affect their number shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding three years, or a fine not exceeding fifty thousand yen.
4 When a member or employee of an Election Administration Commission, a voting overseer, a ballot counting overseer, an election meeting chairman or election sub-meeting chairman, a Government or public official connected with election business, a witness or a supervisor, has committed the crime of the preceding paragraph, he shall be punished with penal servitude or imprisonment without hard labor for a period not exceeding five years, or a fine not exceeding fifty thousand yen.
(Negligence of Witness'Duty)
Article 238. When a witness has failed to discharge any of his duties provided for in this Law without any justifiable reason, he shall be punished with a fine not exceeding two thousand five hundred yen.
(Violation of Restrictions on Pre-election Campaigns, taking Advantage of Educational Positions, House-to-House Visits, etc.)
Article 239. Any person falling under any of the following items shall be punished with imprisonment without hard labor for a period not exceeding one year, or a fine not exceeding fifteen thousand yen:
(1) Any person who has conducted an election campaign in violation of the provisions of Article 129 (Period of Election Campaign) or Article 137 (Prohibition of Election Campaign utilizing the Position of Educator);
(2) Any person who disobeys the order under the provisions of Article 134 (Order of Closing the Election Office);
(3) Any person who has conducted house-to-house visits in violation of the provisions of Article 138 (House-to-House Visits).
(Violation of Restrictions concerning Election Offices, Resting Places, etc.)
Article 240. Any person falling under any of the following items shall be punished with a fine not exceeding seven thousand five hundred yen:
(1) Any person who has established election offices in excess of the fixed number provided by Article 131 (Number of Election Offices);
(2) Any person who has established election offices in violation of the provisions of Article 132 (Limitation of Election Offices on the Election Day);
(3) Any person who has established resting places or other facilities of like character in violation of the provisions of Article 133 (Prohibition of Resting Places, etc.)
(Violation of Establishment of Election Offices, Violation of Prohibition of Election Campaign by Specified Public Officials, etc.)
Article 241. Any person falling under any of the following items shall be punished with imprisonment without hard labor for a period not exceeding six months, or a fine not exceeding seven thousand five hundred yen:
(1) Any person who has established election offices in violation of the provisions of Article 130 paragraph 1 (Person who may establish Election office);
(2) Any person who has conducted an election campaign in violation of the provisions of Article 135 (Prohibition of Election Campaign by Persons engaged in Election Business) or Article 136 (Prohibition of Election Campaign by Specified Public Officials).
(Violation of Report on Establishment of Election Office)
Article 242. Any person who has neglected to submit the report prescribed in Article 130 paragraph 2 (Report of Establishment and change of Election Office), shall be punished with a fine not exceeding two thousand five hundred yen.
(Violation of Various Restrictions concerning Election Campaigns......1)
Article 243. Any person falling under any of the following items shall be punished with imprisonment without hard labor for a period not exceeding two years, or a fine not less than three thousand yen and not exceeding fifty thousand yen:
(1) Any person who has provided food or drink in violation of the provisions of Article 139 (Prohibition of Serving Foods and Drinks);
(2) Any person who has used automobiles, loud-speakers or ships in violation of the provisions of Article 141 paragraph 1 (Utilization of Automobiles, Loud-speakers and Ships);
(3) Any person who has distributed literature or drawings in violation of the provisions of Article 142 (Distribution of Literature and Drawings);
(4) Any person who has displayed literature or drawings in violation of the provisions of Article 143 (Display of Literature and Drawings) or Article 144 (Number of Posters);
(5) Any person who has distributed or displayed literature or drawings in violation of the provisions of Article 146 (Restriction on Deeds to elude the Prohibition in regard to Distribution and Display of Literature and Drawings);
(6) Any person who has distributed or put up newspapers or magazines in violation of the provisions of Article 148 (Freedom of News, Comments, etc. of Newspapers and Magazines);
(7) Any person who has advertized in a newspaper in violation of the provisions of Article 149 paragraph 1 (Newspaper Advertisements);
(8) Any person who has made a speech in violation of the provisions of Article 154 (Speakers in a Competitive Speech Meeting) paragraph 1 or paragraph 2;
(9) Any person who has held a speech-meeting or made a speech in violation of the provisions of Article 165 (Restriction on other Speech Meetings on the Day of the Competitive Speech Meeting);
(10) Any person who has made a speech in violation of the provisions of Article 166 (Prohibition of Making a Speech at a Specified Building or Facility).
(Violation of Various Restrictions concerning Election Campaigns 2)
Article 244. Any person falling under any of the following items shall be punished with imprisonment without hard labor for a period not exceeding one year, or a fine not less than one thousand yen and not exceeding thirty thousand yen:
(1) Any person who has violated the provisions of Article 140 (Prohibition of Demonstrative Acts);
(2) Any person who does not carry a certificate, does not exhibit a certificate or refuses to show it, in violation of the provisions of Article 141 (Utilization of Automobiles, Loudspeakers and Ships) paragraph 3 or paragraph 4;
(3) Any person who has displayed literature or drawings in violation of the provisions of Article 145 (Place to Display Poster);
(4) Any person who has disobeyed disposition for removal in accordance with the provisions of Article 147 paragraph 1 (Removal of Literature and Drawings);
(5) Any person who has disobeyed a disposition for withdrawal in accordance with the provisions of Article 159 (Maintenance of Order in the Competitive Speech Meeting Hall);
(6) Any person who, without any justifiable reason, has not made the return in accordance with the provisions of Article 176 paragraph 2 (Return of Special Tickets, etc.), or Article 177 paragraph 2 (Return of Fuel and Paper).
(Violation of Restrictions on Deeds of Greeting after the Day of Election)
Article 245. Any person who has violated the provisions of Article 178 (Restriction of Salutary Acts after Day of Election) shall be punished with a fine not exceeding ten thousand yen.
(Violation of Regulations concerning Incomes and Payments concerning Election Campaigns)
Article 246. Any person who has committed an act falling under any of the following items shall be punished with imprisonment without hard labor for a period not exceeding three years, or a fine not less than one thousand yen and not exceeding fifty thousand yen. However, the fine to be imposed on any person who has made a false entry prescribed in item (2), item (3), item (5) or item (8), and any person who has presented a false report or false material as prescribed in item (9), shall be not less than five thousand yen and not exceeding fifty thousand yen:
(1) When a person accepts or makes a payment of contributions in violation of the provisions of Article 184 (Prohibition of Accepting and Disbursing Contributions before Report);
(2) When a person fails to keep account-books, does not make entries in account-books, or makes false entries in account-books, in violation of the provisions of Article 185 (Keeping of and Register in Account-book);
(3) When a person neglects to submit detailed statements, or has made false entries in the same, in violation of the provisions of Article 186 (Presentation of Detailed Statement);
(4) When a person has made a payment in violation of the provisions of Article 187 paragraph 1 (Power of Accountant to make Payment);
(5) When a person does not collect receipt or other documents certifying payment, does not send the same, or makes false entries into the same, in violation of the provisions of Article 188 (Collection and Sending of Receipts, etc.);
(6) When a person does not conduct the handing over of duties in accordance with the provisions of Article 190 (Transfer of the Accountant's Business);
(7) When a person does not preserve account-books, detailed statements, receipts or other documents certifying payment, in violation of the provisions of Article 191 (Preservation of Account Book and Documents);
(8) When a person has made false entries into account-books, detailed statements, receipts or other documents certifying payment which should be preserved in accordance with the provisions of Article 191;
(9) When a person has refused to submit reports or materials in accordance with the provisions of Article 193 (Request for Materials concerning Examination of Reports), or has submitted false reports or materials.
(Violation of Obligation to submit Reports)
Article 247. Any person who has neglected to submit a report, or has made false entries into the same, in violation of the provisions of Article 189 (Presentation of Report of Income and Payment concerning Election Campaign), shall be punished with imprisonment without hard labor for a period not exceeding five years, or a fine not less than five thousand yen and not exceeding one hundred thousand yen.
(Violation of Restrictions on Contributions)
Article 248. When a person mentioned in Article 199 (Prohibition of Contribution by Specified Persons) item 1 and item 2, has made contributions in violation of the provisions of the same Article, he shall be punished with imprisonment without hard labor for a period not exceeding three years, or a fine not less than five thousand yen and not exceeding fifty thousand yen. The same shall apply to persons who have made contributions in violation of the provisions of Article 201 paragraph 1 (Prohibition of Anonymous Contributions).
2 When a person mentioned in Article 199 item 3 has made contribution in violation of the provisions of the same Article, he shall be punished with imprisonment without hard labor for a period not less than six months and not exceeding three years.
(Violation of Restrictions on Soliciting and Requesting for Contributions)
Article 249. Any person who has solicited or requested for contributions in violation of the provisions of Article 200 (Prohibition of Solicitation or Request for Contribution to Specified Persons) paragraph 1, or has accepted contributions in violation of the provisions of paragraph 2 of the same Article or Article 201 paragraph 2 (Prohibition of Accepting Anonymous Contributions), shall be punished with imprisonment without hard labor for a period not exceeding three years, or a fine not less than five thousand yen and not exceeding fifty thousand yen.
(Concurrent Punishment of Imprisonment without Hard Labor and Fines;Punishment of Grave Negligence)
Article 250. Any person who has committed any of the crimes mentioned in Article 246 (Violation of Regulations concerning Incomes and Payments concerning Election Campaigns), Article 247 (Violation of Obligation to submit Reports), Article 248 paragraph 1 (Violation of Restriction on Contributions), and the preceding Article, may be punished with imprisonment without hard labor and a fine concurrently, depending upon circumstances.
2 Any person who by grave negligence has committed any of the crime mentioned in Article 246, Article 247, Article 248 paragraph 1, and the preceding Article, shall also be punished. However, the Court may extenuate the punishment, depending upon circumstances.
(Invalidity of Success in Election on the ground of Crimes committed by the Person Elected, the General Manager of the Election Campaign, or the Accountant)
Article 251. When a person elected has committed any of the crimes mentioned in this Chapter (excluding the crimes of Article 245 (Violation of Restrictions on Deeds of Greeting after day of Election), Article 246 (Violation of Regulations concerning Incomes and Payments for Election Campaign), items 2 to 9 inclusive, Article 248 (Violation of Restrictions on Contributions) and Article 249 (Violation of Restrictions on Soliciting and Requesting for Contributions)), and has been condemned to a punishment, his success in election shall be invalidated. The same shall apply when the general manager of the election campaign has committed a crime mentioned in Article 221 (Bribery and Persuasion with Interest), Article 222 (Bribery and Persuasion with Interest against many persons), or Article 223 (Bribery and Persuasion with Interest against Candidate and Person elected), and has been condemned to a punishment. However, the same shall not apply when the person elected has taken proper care in the nomination and supervision of the general manager of the election campaign, when he did not know the person was the general manager of the election campaign, or when the person acted as general manager of the election campaign in spite of the restraint of the person elected.
2 When the accountant has committed the crime of Article 247 (Violation of Obligation to submit Reports) and has been condemned to a punishment, the success in election of the person elected concerned shall be invalid. However, the same shall not apply when the person elected has taken proper care in the nomination and supervision of the accountant.
(Suspension of Right to Vote and Eligibility for Election, of Persons Punished for Election Crimes)
Article 252. Any person who has committed any of the crimes mentioned in this Chapter (excluding the crimes of Article 240 (Violation of Restrictions concerning Election Offices, Resting Places, etc.), Article 242 (Violation of Report on Establishment of Election Office), Article 244 (Violation of Various Restrictions concerning Election Campaign......2) and Article 245 (Violation of Restrictions on Deeds of Greeting after the day of Election)) shall not have the right to vote or the eligibility for election as provided for in this Law, for a period of five years, from the day the judgement became finally binding, in case the person was punished with a fine (with regard to a person sentenced to probation, during the period from the day the judgement became finally binding to the day the punishment will be no longer executed);and for the period from the day the judgement became finally binding until the execution of punishment has been concluded or except in case of prescription, until exemption of the execution of punishment, and another period of the immediately following five years, in case the person was punished with imprisonment without hard labor or a more severe punishment. The same shall apply for the period from the day the judgement became finally binding until the person is no longer liable to execution of the punishment.
2 With regard to a person who has been condemned to a punishment for a crime mentioned in Article 221 (Bribery and Persuasion with Interest), Article 222 (Bribery and Persuasion with Interests against many persons) or Article 223 (Bribery and Persuasion with Interests against Candidates and Persons Elected), who is punished again for a crime mentioned in Articles 221 to 223, the term of five years in the preceding paragraph shall be extended to ten years.
3 The Court may, depending upon circumstances, and simultaneously with the pronouncement of the sentence, declare to a person provided for in paragraph 1 that the provisions of the same paragraph depriving him of the right to vote and the eligibility for election for a term of five years or during the term of probation shall not apply, or that the said term shall be reduced, or declare to a person provided for in the preceding paragraph that the term of ten years in the same paragraph shall be reduced.
(Prescription of Crimes)
Article 253. The term of prescription for crimes mentioned in Article 246 (Violation of Regulations concerning Incomes and Payments concerning Election Campaigns), Article 247 (Violation of Obligation to submit Reports), Article 248 (Violation of Restrictions on Contributions) and Article 249 (Violation of Restrictions on Soliciting and Requesting for Contributions) shall expire after the lapse of two years.
2 The term of prescription for crimes mentioned in Article 237 (Fraudulent Voting, and Forgery or Manipulation of Votes) paragraph 3 and paragraph 4 shall expire after the lapse of one year.
3 The term of prescription of crimes of this Chapter, excepting those mentioned in the preceding two paragraphs, shall expire after the lapse of six months. However, the term shall be one year when the offender has absconded.
(Notification of Punishment of Person Elected, etc.)
Article 254. When a person elected has, in connection with his election, committed a crime mentioned in this Chapter (excluding the crimes of Article 245 (Violation of Restrictions on Deeds of Greeting after the day of Election), Article 246 (Violation of Regulations concerning Incomes and Payments concerning Election Campaigns), items 2 to 9, Article 248 (Violation of Restrictions on Contributions) and Article 249 (Violation of Restrictions on Soliciting and Requesting for Contributions)) and has been condemned to a punishment, when a general manager of an election campaign has committed a crime mentioned in Article 221 (Bribery and Persuasion with Interests), Article 222 (Bribery and Persuasion with Interests against many persons) or Article 223 (Bribery and Persuasion with Interests against Candidates and Persons elected) and has been condemned to a punishment, or when an accountant has committed the crime mentioned in Article 247 (Violation of Obligation to submit Reports) and has been condemned to a punishment, the chief judge of the Court shall notify the National Election Administration Commission, and also the election administration commission which administers the affairs relating to the election concerned through the chief of the local public body concerned. When a person elected as a member of the House of Representatives or as a member of the House of Councillors has been condemned to a punishment, the Speaker of the House of Representatives or the President of the House of Councillors;when a person elected as an assemblyman of a local public body has been condemned to a punishment, the chairman of the assembly concerned;and when a person elected as a member of a board of education has been condemned to a punishment, the chairman of the board of education concerned;shall also be notified.
(Application of Penal Provisions in the case of Absentee Voting)
Article 255. The provisions of this Chapter shall be applied with regard to the voting provided for in Article 49 (Voting by an Absentee), recognizing the person who takes charge of the voting as the voting overseer, the place where entries shall be made into the ballots as the voting place, and the person to be present at the voting as the voting witness.
CHAPTER XVII Supplementary Provisions
(Initial Date in reckoning the Term of Membership in the House of Representatives)
Article 256. The term of membership in the House of Representatives shall be reckoned from the day of a general election. However, when a general election due to the expiration of the term of office is held prior to the day of expiration of the term of membership in the House of Representatives, the new term shall be reckoned from the day following the day of expiration of the predecessors'terms.
(Initial Date in reckoning the Term of Membership in the House of Councillors)
Article 257. The term of membership in the House of Councillors shall be reckoned from the day following the day of expiration of the terms of members of the House of Councillors who were returned by the previous ordinary election. However, when an ordinary election is held after the day following the day of expiration of the terms of members of the House of councillors returned by the previous ordinary election, the term shall be reckoned from the day of the ordinary election.
(Initial Date in reckoning the Term of Membership in Assemblies of Local Public Bodies and in Boards of Education)
Article 258. The term of membership in assemblies of local public bodies shall be reckoned from the day of a regular election. However, when a regular election due to the expiration of the term of office is held prior to the day of expiration of the term of membership in assemblies of local public bodies, the new term shall be reckoned from the day following the day of expiration of the predecessors'terms.
2 The term of membership in boards of education shall be reckoned from the day of a regular election.
(Initial Date in Reckoning the Term of Office of Chiefs of Local Public Bodies)
Article 259. The term of office of chiefs of local public bodies shall be reckoned from the day of election. However, when an election due to the expiration of the term of office is held prior to the day of expiration of the term of office of a chief of a local public body, the new term shall be reckoned from the day of following the day of expiration of the term of the predecessor.
(Terms of Vacancy-filling Members, and Supplementary Members and Vacancy-filling Members of Boards of Education)
Article 260. A member filling a vacancy in the House of Representatives, the House of Councillors, or an assembly of a local public body, shall remain in office during the remainder of his respective predecessor's term.
2 A member newly elected on the ground of a change in the fixed number of assemblymen of local public bodies shall remain in office until the day of expiration of the term of members returned by the regular election.
3 Among the members of a board of education those who have become the persons elected according to the provisions of Article 97 (Runner up as person elected), paragraph 5, and Article 112, paragraph 4 (Carrying up to fill Vacancy), shall be supplementary members, and shall remain in office until the day before the day of the regular election most close at hand.
4 Except in the case provided for in the preceding paragraph, a member filling a vacancy in the membership of a board of education shall remain in office during the remainder of his predecessor's term. Howevr, a member who has succeeded a supplementary member of the preceding paragraph shall remain in office during the term of members having the same term as the predecessor of the supplementary member concerned.
(Division of State Share and Local Public Body's Share of Election Administration Expenses)
Article 261. The division of shares between the State and local public bodies concerning election expenses, shall be in accordance with the Local Finance Law (Law No.109, 1948), except in the case of special provisions in this Chapter.
(Financial Measures for Election Administration Expenses common to all Elections)
Article 262. With regard to the following expenses concerning election, the State shall provide the necessary financial measures:
(1) Expenses required for compilation of election lists;
(2) Expenses required for manufacture of Braille writers;
(3) Expenses required for holding competitive speech meetings in accordance with the provisions of Article 152 (Competitive Speech meetings in Elections of Diet Members, Govvernors, and Members of prefectural Boards of Education);
(4) Expenses required for publication of the election gazette in accordance with the provisions of Article 167 (Election Gazette);
(5) Expenses required for publication, preservation, and the facilities for perusal of, reports in accordance with the provisions of Article 192 (Reports of Incomes and Payments concerning Election Campaigns in all Elections).
(Charges on the National Treasury of Election Administartion Expenses of Members of House of Representatives and Members of House of Councillors)
Article 263. The following expenses concerning election of members of the House of Representatives and members of the House of Councillors shall be charged on the national treasury:
(1) Expenses required for preparation of ballot paper and envelopes, the absentee voter's certificate and its envelope with regard to the voting in accordance with the provisions of Article 49 (Voting by an Absentee), and ballot-boxes;
(2) Expenses required by Election Administration Commissions of To, Do, Fu or prefectures, and cities, towns or villages, voting overseers, ballot-counting overseers, election meeting chairmen and election sub-meeting chairmen, for the purpose of election business;
(3) Expenses required for voting places, ballot-counting places, election meeting places and election sub-meeting places;
(4) Expenses required by absentee voting overseers for election business concerning the voting in accordance with the provisions of Article 49, and expenses required for places where entries are made into such ballots;
(5) Expenses decided by the National Election Administration Commission which are required for the remuneration and redemption of expenses of voting overseers, ballot-counting overseers, election meeting chairmen, election sub-meeting chairmen, voting witnesses, ballot-counting witnesses and election witnesses;
(6) Expenses for postal cards in accordance with the provisions of Article 142 paragraph 1 (Postcards for Election Campaign);
(7) Expenses for paper to be used for posters in accordance with the provisions of Article 144 (Posters for Election Campaigns);
(8) Expenses required for newspaper advertisements in accordance with the provisions of Article 149 (Newspaper Advertisements);
(9) Expenses required for broadcasting in accordance with the provisions of Article 150 (Broadcast of Political Views) and Article 151 (Broadcast of Career);
(10) Expenses required for individual speech meeting facilities (including equipment) in accordance with the provisions of Article 161 (Individual Speech Meetings using Public Facilities);
(11) Expenses required for the notices under the provisions of Article 173 (Notice of Name, etc. of Candidates for Public Office);
(12) Expenses required for utilization of transportation facilities in accordance with the provisions of Article 176 (Utilization of Transportation Facilities for Election Campaign).
(Charges on the Local Public Bodies of Administration Expenses for Election of Assemblymen and Chiefs, as well as Members of Boards of Education of Local Public Bodies)
Article 264. The following expenses concerning the election of assemblymen, chiefs, and members of boards of education, of local public bodies shall be charged on the local public body concerned:
(1) Expenses mentioned in items 1 to 4 and item 10 of the preceding Article;
(2) Expenses required for remuneration and redemption of expenses of the persons mentioned in item 5 of the preceding Article.
2 Expenses concerning the election of To, Do, Fu and prefectural governors which are mentioned in items 6 to 9 item 11 and item 12 of the preceding Article, and expenses concerning the election of members of To, Do, Fu and prefectural boards of education which are mentioned in item 6, item 9, item 11 and item 12 of the preceding Article shall be charged on the To, Do, Fu or prefecture concerned.
3 The division of shares in expenses when elections of assemblymen, governors, and members of boards of education, of To, Do, Fu and prefectures, and elections of assemblymen, chiefs, and members of boards of education of cities, towns and villages, are held simultaneously, shall be decided upon deliberation between the local public bodies concerned.
(Exceptions for Special Cities)
Article 265. Among the provisions in this Law concerning the To, Do, Fu and prefectures and the cities, the provisions of Article 9 (Voting Right), paragraphs 2 to 5, and Article 15 paragraph 6 (Election District concerned), shall apply to special cities. In this case the administrative ward of a special city shall be regarded as a city.
2 With regard to the application of provisions of this Law concerning the election of members of the House of Representatives, members of the House of Councillors, assemblymen and chiefs of special cities, and members of boards of education of special cities, an administrative ward shall be regarded as a city, excepting the cases provided for in Article 9 paragraphs 2 to 5 inclusive, and Article 15 paragraph 6.
3 Matters necessary concerning the application of this Law to special cities shall be decided by Cabinet Order besides those provided in the preceding two paragraphs.
(Exceptions for Special Wards)
Article 266. The provisions in this Law concerning cities shall apply to special wards. However, with regard to the application of provisions in Article 9 (Voting Right) paragraph 2 and paragraph 3, and Article 26 (Preparation of Supplementary Electors'List) paragraph 2, "within the area of a city, town or village for three consecutive months" in these provisions shall read as "within on area where there is a special ward, for three consecutive months" ;and with regard to the application of provisions in Article 20 (Preparation of Basic Electors'List) paragraps 1, and Article 26 paragraph 1, "been domiciled in the area of a city, town or village for three consecutive months" in these provisions shall read as "been domiciled in an area where there is a special ward, for three consecutive months, and is domiciled within that special ward on that day" .
(Exceptions for Organizations of Local Public Bodies)
Article 267. With regard to elections of organizations of local public bodies and members of boards of educations established in such organizations, the provisions in this Law concerning To, Do, Fu and prefectures shall apply to organizations in which To Do, Fu and prefectures and special cities join, the provisions in this Law concerning cities shall apply to organizations in which cities and special wards join but To, Do, Fu and prefectures and special cities do not join, and the provisions in this Law concerning towns and villages shall apply to other organizations, excepting cases where there are special provisions by-laws.
2 With regard to application of provisions of this Law concerning elections of members of the House of Representatives and members of the House of Councillors, and elections assemblymen, chief, and members of boards of educations, of To, Do, Fu and prefectures, whole Affairs Organizations of Office Affairs Organizations shall be regarded as single towns or villages, and the office of the organization concerned shall be regarded as a town office or village office.
(Exceptions to Property Wards)
Article 268. With regard to election of assemblymen of property wards the provisions in this Law concerning the election of assemblymen of towns and villages shall apply, excepting cases provided by by-law under the provisions of Article 295 (Establishment of by-laws concerning Property Wards of the Local Autonomy Law). However, the existence of eligibility shall be decided by the assembly of a city, town or village, or of a special city or special ward.
(Application of this Law to Specified Cities)
Article 269. With regard to application of the provisions of this Law to elections of members of the House of Representatives and members of the House of Councillors, elections of assemblymen and chiefs and members of boards of education of To, Do, Fu and prefectures, and elections of assemblymen, chief and members of boards of education of the cities prescribed in Article 155 paragraph 2 (Designated Cities with Wards), of the Local Autonomy Law, wards shall be regarded as cities, and election administration commissions of wards and members of the same shall be regarded as election administration commissions of cities and members of the same, in the cities concerned. However, with regard to application of the provisions of Article 9 (Voting Right), paragraphs 2 and 3, Article 20 (Preparation of Basic Elector's List), paragraphs 1 and 2, the words shall be changed by applying mutatis mutandis the provisions of the proviso of Article 266 (Exceptions for Special Wards).
(Relation between Overseas Repatriates or Persons receiving Hospital Treatment and the Domicile Requisite)
Article 270. With regard to the acquisition of voting right, and registration on the supplementary electors'list, of overseas repatriates who have come to be domiciled within areas of cities towns or villages but the period of which has not yet attained three months, the instances of persons who had been domiciled within areas of cities, towns or villages for three consecutive months but were compelled by natural calamities or incidents, etc., to change their domiciles to areas of other cities, towns or villages, shall apply notwithstanding the domicile requisite provided by this Law.
2 When deciding the domicile requiaite provided by this Law of persons receiving treatment in hospitals or other recuperation facilities, it shall not be presumed that the place of treatment is the domicile.
3 The provisions of the preceding paragraph shall not be construed to have the meaning of preventing the exercise of the voting rights of persons receiving treatment in hospitals, etc.
(Exception of Constituencies of Assemblymen of To, Do, Fu or Prefectures)
Article 271. In Article 15 paragraph 1 (Electoral Districts of Assemblymen of To, Do, Fu and prefectures), "countries (gun)" shall include the areas of jurisdiction under branch offices in the case of Tokyo-To, and shall be the areas of jurisdiction under branch offices in the case of Hokkaido.
(Orders, etc. concerning Enforcement)
Article 272. Necessary provisions concerning the procedures, etc. for the enforcement of this Law and others necessary for its execution shall be decided by an Order.
2 In this law the words in parenthesis which are placed after the numbers of Chapters, Articles and paragraphs, are headings for the sake of convenience when other Articles or paragraphs are cite, and shall not be construed to restrict the contents of any of the provisions.
(Drafting of Cabinet Orders concerning Election and Entrusting of Election Business)
Article 273. Cabinet Orders concerning election shall be decided according to drafts prepared by the National Election Administration Commission.
2 When the election administration commission of the To, Do, Fu or prefectures, or of cities, towns or villages have entrused business concerning election to employees who are auxiliary organs of the To, Do, Fu or prefecture, or city, town or village concerned, with the approval of the To, Do, Fu or prefectural governor or the chief of the city, town or villages, these employees shall faithfully execute their business.
Supplementary Provisions:
1. This Law shall come into force as from May 1, 1950.
2. The voting right and eligibility of the person to whom the Census Registration Law (Law No.224 of 1947) is not applicable shall be suspended for a while.
3. The persons mentioned in the preceding paragraph shall not register in the electors'list.
4. Elections shall not be held until the date to be stipulated by a Cabinet Order in areas where communications on sea are suspended or there are other special circumstances, and designated by a Cabinet Order.
5. The matters necessary concerning the election to be first held in the areas mentioned in the preceding paragarph shall be stipulated by a Cabinet Order.
Appendix No.1(Note:It shall be made a custom to revise this Table every five years from the day of enforcement of this Law, according to the results of the census going to be taken most near at hand.)
Election District
Number of Members
Hokkaido
No.1
Sapporo-shi District
5 Otaru-shi Area under the jurisdiction of Ishikari-shicho Area under the jurisdiction of Shiribeshi-shicho
No.2
Asahikawa-shi District
4 Rumoe-shi Wakkanai-shi Area under the jurisdiction of Kamikawa-shicho Area under the jurisdiction of Soya-shicho Area under the jurisdiction of Rumoe-shicho
No.3
Hakodate-shi District
3 Area under the jurisdiction of Hiyama-shicho Area under the jurisdiction of Toshima-shicho
No.4
Muroran-shi District
5 Yubari-shi Iwamizawa-shi Tomakomai-shi Area under the jurisdiction of Sorachi-shicho Area under the jurisdiction of Iburi-shicho Area under the jurisdiction of Hidaka-shicho
No.5
Kushiro-shi District
5 Obihiro-shi Kitami-shi Abashiri-shi Area under the jurisdiction of Tokachi-shicho Area under the jurisdiction of Kushirokuni-shicho Area under the jurisdiction of Nemuro-shicho Area under the jurisdiction of Abashiri-shicho
Aomori-ken
No.1
Aomori-shi District
4 Hachinoe-shi Higashitsugaru-gun Kamikita-gun Shimokita-gun Sannoe-gun
No.2
Hirosaki-shi District
3 Nishitsugaru-gun Nakatsugaru-gun Minamitsugaru-gun Kitatsugaru-gun
Iwate-ken
No.1
Morioka-shi District
4 Kamaishi-shi Miyako-shi Iwate-gun Shiba-gun Kamihei-gun Shimohei-gun Kunoe-gun Ninoe-gun
No.2
Ichinoseki-shi District
4 Hienuki-gun Waka-gun Isawa-gun Esashi-gun Nishiiwai-gun Higashiiwai-gun Kisen-gun
Miyagi-ken
No.1
Sendai-shi District
5 Shiogama-shi Katta-gun Shibata-gun Igu-gun Watari-gun Natori-gun Miyagi-gun Kurokawa-gun Kami-gun Shida-gun Toda-gun
No.2
Ishinomaki-shi District
4 Tamatsukuri-gun Kurihara-gun Toyome-gun Momofu gun Oshika-gun Motoyoshi-gun
Akita-ken
No.1
Akita-shi District
4 Noshiro-shi Kazuno-gun Kitaakita-gun Yamamoto-gun Minamiakita-gun Kawabe-gun
No.2
Yuri-gun District
4 Senhoku-gun Hiraka-gun Okachi-gun
Yamagata-ken
No.1
Yamagata-shiDistrict
4 Yonezawa-shi Minamimurayama-gun Higashimurayama-gun Nishimurayama-gun Minamiokitama-gun Higashiokitama-gun Nishiokitama-gun
No.2
Tsuruoka-shi District
4 Sakata-shi Shinjo-shi Kitamurayama-gun Mogami-gun Higashitagawa-gun Nishitagawa-gun Akumi-gun
Fukushima-ken
No.1
Fukushima-shi District
4 Koriyama-shi Shinobu-gun Date-gun Adachi-gun Asaka-gun
No.2
Wakamatsu-shi District
5 Shirakawa-shi Iwase-gun Minamiaizu-gun Kitaaizu-gun Yama-gun Kawanuma gun Onuma-gun Higashishirakawa-gun Nishishirakawa-gun Ishikawa-gun Tamura-gun
No.3
Taira-shi District
3 Iwaki-gun Futaba-gun Soma-gun
Ibaragi-ken
No.1
Mito-shi District
4 Higashiibaragi-gun Nishiibaragi-gun Kashima-gun Namekata-gun Inashiki-gun Kitasoma-gun
No.2
Hitachi-shi District
3 Naka-gun Kiji-gun Taga-gun
No.3
Tsuchiura-shi District
5 Niibari-gun Tsukuba-gun Makabe-gun Sashima-gun Yuki-gun
Tochigi-ken
No.1
Utsunomiya-shi District
5 Kanuma-shi Kawachi-gun Kamitsuga-gun Shioya-gun Nasu-gun
No.2
Ashikaga-shi District
5 Tochigi-shi Sano-shi Haga-gun Shimotsuga-gun Aso-gun Ashikaga-gun
Gumma-ken
No.1
Maebashi-shi District
3 Isesaki-shi Seta-gun Tone-gun Sawa-gun
No.2
Kiryu-shi District
3 Ota-shi Nitta-gun Yamada-gun Ora-gun
No.3
Takasaki-shi District
4 Gumma-gun Kitagumma-gun Tano-gun Kitakanra-gun Usui-gun Agatsuma-gun
Saitama-ken
No.1
Kawaguchi-shi District
4 Urawa-shi Omiya-shi Kitaadachi-gun
No.2
Kawagoe-shi District
3 Iruma-gun Hiki-gun
No.3
Kumagaya-shi District
3 Chichibu-gun Kodama-gun Osato-gun
No.4
Gyoda-shi District
3 Kitasaitama-gun Minamisaitama-gun Kitakatsushika-gun
Chiba-ken
No.1
Chiba-shi District
4 Ichikawa-shi Funabashi-shi Matsudo-shi Chiba-gun Ichihara-gun Higashikatsushika-gun
No.2
Choshi-shi District
4 Imba-gun Unakami-gun Sosa-gun Katori-gun
No.3
Tateyama-shi District
5 Kisarazu-shi Chosei-gun Sambu-gun Kimitsu-gun Isumi-gun Awa-gun
Tokyo-To
No.1
Chiyoda-ku District
4 Chuo-ku Minato-ku Shinjuku-ku Bunkyo-ku Daito-ku
No.2
Shinagawa-ku District
3 Ota-ku Area under the jurisdiction of Oshima-shicho Area under the jurisdiction of Miyake-shicho Area under the jurisdiction of Hachijo-shicho
No.3
Meguro-ku District
3 Setagaya-ku
No.4
Shibuya-ku District
3 Nakano-ku Suginami-ku
No.5
Toshima-ku District
4 Kita-ku Itabashi-ku Nerima-ku
No.6
Sumida-ku District
5 Koto-ku Arakawa-ku Katsushika-ku Adachi-ku Edogawa-ku
No.7
Hachioji-shi District
5 Tachikawa-shi Musashino-shi Nishitama-gun Minamitama-gun Kitatama-gun
Kanagawa-ken
No.1
Yokohama-shi District
4
No.2
Yokosuka-shi District
4 Kawasaki-shi Kamakura-shi Miura-gun
No.3
Hiratsuka-shi District
5 Fujisawa-shi Odawara-shi Chigasaki-shi Koza-gun Naka-gun Ashigarakami-gun Ashigarashimo-gun Aiko gun Tsukui-gun
Niigata-ken
No.1
Niigata-shi District
3 Nishikambara-gun Sado-gun
No.2
Shibata-shi District
4 Kitakambara-gun Nakakambara-gun Higashikambara-gun Iwafune-gun
No.3
Nagaoka-shi District
5 Sanjo-shi Kashiwazaki-shi Minamikambara-gun Santo-gun Koshi-gun Kitauonuma-gun Minamiuonuma-gun Kariha-gun
No.4
Takada-shi District
3 Nakauonuma-gun Higashikubiki-gun Nakakubiki-gun Nishikubiki-gun
Toyama-ken
No.1
Toyama-shi District
3 Kaminiikawa-gun Nakaniikawa-gun Shimoniikawa-gun Nei-gun
No.2
Takaoka-shi District
3 Imizu-gun Himi-gun Higashitonami-gun Nishitonami-gun
Ishikawa-ken
No.1
Kanazawa-shi District
3 Komatsu-shi Enuma-gun Nomi-gun Ishikawa-gun
No.2
Nanao-shi District
3 Kohoku-gun Hakui-gun Kashima-gun Fugeshi-gun Suzu-gun
Fukui-ken
4
Yamanashi-ken
5
Nagano-ken
No.1
Nagano-shi District
3 Sarashina-gun Kamitakai-gun Shimotakai-gun Kamiminochi-gun Shimominochi-gun
No.2
Ueda-shi District
3 Minamisaku-gun Kitasaku-gun Chisagata-gun Hanishina-gun
No.3
Okaya-shi District
4 Iida-shi Suwa-shi Kamiina-gun Shimoina-gun
No.4
Matsumoto-shi District
3 Nishichikuma-gun Higashichikuma-gun Minamiazumi-gun Kitaazumi-gun
Gifu-ken
No.1
Gifu-shi District
5 Ogaki-shi Inaba-gun Hashima-gun Kaizu-gun Yoro-gun Fuha-gun Ambachi-gun Ibi-gun Mototsu-gun Yamagata-gun Mugi-gun
No.2
Takayama-shi District
4 Tajimi-shi Gunjo-gun Kamo-gun Kani-gun Toki-gun Ena-gun Masuda-gun Oono-gun Yoshiki-gun
Shizuoka-ken
No.1
Shizuoka-shi District
5 Shimizu-shi Shimada-shi Ihara-gun Abe-gun Shita-gun Haibara-gun Ogasa-gun
No.2
Numazu-shi District
5 Atami-shi Mishima-shi Fujimiya-shi Ito-shi Yoshihara-shi Kamo-gun Tagata-gun Sunto-gun Fuji-gun
No.3
Hamamatsu-shi District
4 Iwata-shi Iwata-gun Suchi-gun Hamana-gun Inasa-gun
Aichi-ken
No.1
Nagoya-shi District
5
No.2
Seto-shi District
4 Handa-shi Kasugai-shi Aichi-gun Higashikasugai-gun Nishikasugai-gun Chita-gun
No.3
Ichinomiya-shi District
3 Tsushima-shi Niwa-gun Haburi-gun Nakajima-gun Ama-gun
No.4
Okazaki-shi District
4 Hekinan-shi Hekikai-gun Hazu-gun Nukada-gun Nishikamo-gun Higashikamo-gun
No.5
Toyohashi-shi District
3 Toyokawa-shi Kitashidara-gun Minamishidara-gun Hoi-gun Atsumi-gun Yana-gun
Mie-ken
No.1
Tsu-shi District
5 Yokkaichi-shi Kuwana-shi Uono-shi Suzuka-shi Kuwana-gun Inabe-gun Mie-gun Suzuka-gun Kawage-gun Ano-gun Isshi-gun Ayama-gun Naga-gun
No.2
Ujiyamada-shi District
4 Matsuzaka-shi Iinami-gun Take-gun Watara-gun Shima-gun Kitamuro-gun Minamimuro-gun
Shiga-ken
5
Kyoto-Fu
No.1
Kamikyo-ku District
5 Nakakyo-ku Sakyo-ku Higashiyama-ku Shimokyo-ku
No.2
Ukyo-ku District
5 Fushimi-ku Otaki-ku Fukuchiyama-shi Maizuru-shi Otokuni-gun Uji-gun Kuse-gun Tsuzuki-gun Soraku-gun Minamikuwata-gun Funai-gun Amada-gun Ikaruga-gun Kasa-gun Yosa-gun Naka-gun Takeno-gun Kumano-gun Kitakuwata-gun
Osaka-Fu
No.1
Nishi-ku District
4 Minato-ku Taisho-ku Tennoji-ku Minami-ku Naniwa-ku Ikuno-ku Abeno-ku Sumiyoshi-ku Higashisumiyoshi-ku Nishinari-ku
No.2
Kita-ku District
4 Miyakojima-ku Fukushima-ku Konohana-ku Higashi-ku Oyodo-ku Nishiyodogawa-ku Higashiyodogawa-ku Higashinari-ku Asahi-ku Joto-ku
No.3
Toyonaka-shi District
4 Ikeda-shi Suita-shi Takatsuki-shi Moriguchi-shi Hirakata-shi Ibaragi-shi Mishima-gun Toyono-gun Kitakawachi-gun
No.4
Fuse-shi District
4 Yao-shi Minamikawachi-gun Nakakawachi-gun
No.5
Sakai-shi District
3 Kishiwada-shi Izumiotsu-shi Kaizuka-shi Izumisano-shi Izukita-gun Izunami-gun
Hyogo-ken
No.1
Kobe-shi District
3
No.2
Amagasaki-shi District
5 Nishinomiya-shi Sumoto-shi Ashiya-shi Itami-shi Muko-gun Kawabe-gun Arima-gun Tsuna-gun Mihara-gun
No.3
Akashi-shi District
3 Akashi-gun Mino-gun Kato-gun Taka-gun Kasai-gun Kako gun Innami-gun
No.4
Himeji-shi District
4 Aioi-shi Shikama-gun Kanzaki-gun Iho-gun Akaho-gun Sayo-gun Shiso-gun
No.5
Kinosaki-gun District
3 Izushi-gun Yabu-gun Asaka-gun Mikata-gun Hikami-gun Taki-gun
Nara-ken
5
Wakayama-ken
No.1
Wakayama-shi District
3 Kainan-shi Kaiso-gun Naka-gun Ito-gun
No.2
Shingu-shi District
3 Tanabe-shi Arita-gun Hitaka-gun Nishimuro-gun Higashimuro-gun
Tottori-ken
4
Shimane-ken
5
Okayama-ken
No.1
Okayama-shi District
5 Tsuyama-shi Mitsu-gun Akaiwa-gun Wake-gun Oku-gun Jodo-gun Maniwa-gun Tomata-gun Katsuta-gun Aida-gun Kume-gun
No.2
Kurashiki-shi District
5 Tamano-shi Kojima-shi Kojima-gun Tsukubo-gun Asakuchi-gun Oda-gun Shizuki-gun Kibi-gun Shobo-gun Kawakami-gun Atetsu-gun
Hiroshima-ken
No.1
Hiroshima-shi District
3 Saheki-gun Asa-gun Yamagata-gun Takata-gun
No.2
Kure-shi District
4
Aki-gun
Kamo-gun
Toyota-gun
No.3 Onomichi-shi District
5 Fukuyama-shi Mihara-shi Mitsugi-gun Sera-gun Numakuma-gun Fukayasu-gun Ashina-gun Kamiishi-gun Konu-gun Futami-gun Hiba-gun
Yamaguchi-ken
No.1
Shimonoseki-shi District
4 Ube-shi Hagi-shi Onoda-shi Asa-gun Toyora-gun Mine-gun Otsu-gun Abu-gun
No.2
Bofu-shi District
5 Kudamatsu-shi Iwakuni-shi Hikari-shi Yamaguchi-shi Tokuyama-shi Oshima-gun Kuga-gun Kumage-gun Tsuno-gun Saba-gun Yoshiki-gun
Tokushima-ken
5
Kagawa-ken
No.1
Takamatsu-shi District
3 Okawa-gun Kita-gun Shodo-gun Kagawa gun
No.2
Marugame-shi District
3 Sakaida-shi Ayauta-gun Nakatado-gun Mitoyo-gun
Ehime-ken
No.1
Matsuyama-shi District
3 Onsen-gun Iyo-gun Kamiukena-gun
No.2
Imaharu-shi District
3 Niihama-shi Saijo-shi Ochi-gun Shuso-gun Nii-gun Uma-gun
No.3
Uwajima-shi District
3 Yawatahama-shi Kita-gun Nishiuwa-gun Higashiuwa-gun Kitauwa-gun Minamiuwa-gun
Kochi-ken
5
Fukuoka-ken
No.1
Fukuoka-shi District
5 Kasuya-gun Munakata-gun Asakura-gun Tsukushi-gun Sawara-gun Itoshima-gun
No.2
Wakamatsu-shi District
5 Yahata-shi Tobata-shi Nogata-shi Iizuka-shi Onga-gun Kurate-gun Kaho-gun
No.3
Kurume-shi District
5 Omuta-shi UKiha-gun Mitsui-gun Mizuma-gun Yame-gun Yamato-gun Miike-gun
No.4
Kokura-shi District
4 Moji-shi Tagawa-shi Kiku-gun Tagawa-gun Miyako-gun Chikujo-gun
Saga-ken
5
Nagasaki-ken
No.1
Nagasaki-shi District
5 Shimabara-shi Isahaya-shi Nishisonoki-gun Kitatakaki-gun Minamitakaki-gun Area under the jurisdiction of Tsushima-shicho (Local Government Office)
No.2
Saseho-shi District
4 Omura-shi Higashisonoki-gun Kitamatsuura-gun Minamimatsuura-gun Iki-gun
Kumamoto-ken
No.1
Kumamoto-shi District
5 Arao-shi Hotaku-gun Tamana-gun Kamoto-gun Kikuchi-gun Aso-gun
No.2
Yatsushiro-shi District
5 Hitoyoshi-shi Mitsumata-shi Udo-gun Kamimasuki-gun Shimomasuki-gun Yatsushiro-gun Ashikita-gun Kuma-gun Amakusa-gun
Oita-ken
No.1
Oita-shi District
4 Hida-shi Saheki-shi Oita-gun Kitaamabe-gun Minamiamabe-gun Ono-gun Naoiri-gun Kusu-gun Hida-gun
No.2
Beppu-shi District
3 Nakatsu-shi Nishikunisaki-gun Higashikunisaki-gun Hayami-gun Shimoge-gun Usa-gun
Miyazaki-ken
No.1
Miyazaki-shi District
3 Nobeoka-shi Miyazaki-gun Koyu-gun Higashiusuki-gun Nishiusuki-gun
No.2
Miyakonojo-shi District
3 Minaminaka-gun Kitamorogata-gun Nishimorogata-gun Higashimorogata-gun
Kagoshima-ken
No.1
Kagoshima-shi District
4 Makurazaki-shi Kagoshima-gun Ibusuki-gun Kawanobe-gun Hioki-gun
No.2
Sendai-shi District
3 Satsuma-gun Izumi-gun Isa-gun Aira-gun
No.3
Kanoya-shi District
3 Kimotsuki-gun Soo-gun Kumage-gun Area under the jurisdiction of Oshima-shicho
 
Appendix No.2
Election District
Number of Members
Hokkaido
8
Aomori-ken
2
Iwate-ken
2
Miyagi-ken
2
Akita-ken
2
Yamagata-ken
2
Fukushima-ken
4
Ibaragi-ken
4
Tochigi-ken
4
Gumma-ken
4
Saitama-ken
4
Chiba-ken
4
Tokyo-To
8
Kanagawa-ken
4
Niigata-ken
4
Toyama-ken
2
Ishikawa-ken
2
Fukui-ken
2
Yamanashi-ken
2
Nagano-ken
4
Gifu-ken
2
Shizuoka-ken
4
Aichi-ken
6
Mie-ken
2
Shiga-ken
2
Kyoto-Fu
4
Osaka-Fu
6
Hyogo-ken
6
Nara-ken
2
Wakayama-ken
2
Tottori-ken
2
Shimane-ken
2
Okayama-ken
4
Hiroshima-ken
4
Yamaguchi-ken
2
Tokushima-ken
2
Kagawa-ken
2
Ehime-ken
2
Kochi-ken
2
Fukuoka-ken
6
Saga-ken
2
Nagasaki-ken
2
Kumamoto-ken
4
Oita-ken
2
Miyazaki-ken
2
Kagoshima-ken
4
Prime Minister YOSHIDA Shigeru
Attorney-General UEDA Shunkichi
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of Education TAKASE Sotaro
Minister of Welfare HAYASHI Joji
Minister of Agriculture and Forestry MORI Kotaro
Ministry of International Trade and Industry TAKASE Sotaro
Minister of Transportation OYA Shinzo
Minister of Postal Services OZAWA Saeki
Minister of Telecommunications OZAWA Saeki
Minister of Labor SUZUKI Masabumi
Minister of Construction MASUTANI Shuji
President of Economic Stabilization Board YOSHIDA Shigeru