Law concerning Enforcement of the Public Offices Election Law and Adjustment and Others of Related Laws and Orders in Consequence thereof
法令番号: 法律第101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 Law concerning Enforcement of the Public Offices Election Law and Adjustment and Others of Related Laws and Orders in Consequence thereof.
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.101
Law concerning Enforcement of the Public Offices Election Law and Adjustment and Others of Related Laws and Orders in Consequence thereof
Contents
Chapter I Abolishment, Rearrangement, etc. of Laws and Ordinance concerned(Article 1-Article 11)
Article 1. (Laws and Ordinances to be abolished)
Article 2. (Partial Amendment to the Law concerning the Regulation of Political Contributions and Expenditures)
Article 3. (Partial Amendment to the Local Autonomy Law)
Article 4. (Partial Amendment to the Board of Education Law)
Article 5. (Partial Amendment to the Law for Enforcement of the Code of Criminal Procedure)
Article 6. (Partial Amendment to the Law of the People's Examination of the Supreme Court Judges)
Article 7. (Partial Amendment to the Agricultural Land Adjustment Law)
Article 8. (Partial Amendment to the Fisheries Law)
Article 9. (Partial Amendment to the Law for Partial Amendment to the Local Autonomy Law)
Article 10. (Partial Amendment to the Law for the Inquest of Prosecution)
Article 11. (Partial Amendment to the National Election Administration Commission Law)
Chapter II Transitory Provisions following the Enforcement of the Public Offices Election Law(Article 12-Article 27)
Article 12. (Validity of Former Elections)
Article 13. (Validity of Former Proceedings and Disposals, etc.)
Article 14. (Voting Right, of the Persons who have the Right to Vote in Cities, Towns and Villages where they have no Domicile)
Article 15. (Validity of Former Elector'List)
Article 16. (Exceptions to the Supplementary Elector's List in the Ordinary Election of Members of the House of Councillors)
Article 17. (Exception in the Basic Electors'List of Mariners)
Article 18. (Exception to the Public Management of Election in the Ordinary Election of Members of the House of Councillors)
Article 19. (Application of the New Law to Vacancies in the Postal Membership of Boards of Education elected in accordance with the Former Provisions)
Article 20. (Supplementary Members of Boards of Education provided for in Former Provisions)
Article 21. (Election of members of the Board of Education in the case where the Board is newly established)
Article 22. (Exception to the Election notified to the Public before the enforcement of the New Law)
Article 23. (Exception to the date of election when a reason has arisen for holding an election prior to enforcement of the New Law)
Article 24. (Application of the former provisions to Actions pending at the time of the enforcement of the New Law)
Article 25. (Application of the former Penal Provisions to the acts committed with regard to elections, etc. held before the enforcement of the New Law)
Article 26. (Relation between the former electoral districts of the members of the House of Representatives and Annexed Table No.1 of the Public Offices Election Law)
Article 27. (Commission of Transitional Provisions)
Chapter III Transitional provisions following Readjustment of the Laws concerned(Article 28-Article 34)
Article 28. (Validity of Elections, Voting, Procedures, etc. prior to the Revision)
Article 29. (Application of Former Provision to Actions pending at the time of Enforcement of the Revised Laws)
Article 30. (Application of Former Penal Provisions to Offences committed prior to the Revision)
Article 31. (Validity of Electoral Lists prepared under the Agricultural Land Adjustment Law and the Fisheries Law prior to the Revision)
Article 32. (Exception of Elections or Votings notified prior to the Revision)
Article 33. (Exception to those who are Concurrent Members of Assemblies of More-than-two Local Public Bodies at the time of Enforcement of the Amended Law)
Article 34. (Commission of Transitional Provisions)
Supplementary Provisions
CHAPTER I Abolishment, Rearrangement, etc. of Laws and Ordinances concerned
(Laws and Ordinances to be abolished)
Article 1. The following Laws and Ordinances shall be abolished:
Law for the Election of the Members of the House of Representatives (Law No.47 of 1925).
Enforcement Ordinance of the Law concerning the Election of Members of the House of Representatives (Imperial Ordinance No.3 of 1926).
Regulations concerning the Enforcement of the Law for the Election of Members of the House of Representatives (Ministry for Home Affairs Ordinance No.4 of 1926).
Law for Provisional Exceptions to the Election Campaign, etc.(Law No.196 of 1948).
Enforcement Ordinance of the Law for Provisional Exceptions to the Election Campaign, etc.(Cabinet Order No.192 of 1948).
Law for Extraordinary Provisions, etc. of the Electoral List for the Election of Members of the House of Representatives (Law No.30 of 1946).
Exceptions, etc., to Article 12 of the Law for the Election of the Members of the House of Representatives (Law No.2 of 1947).
Extraordinary Provisions, etc. of the Electors'List for the Election of Members of the House of Representatives (Ministry of Home Affairs Ordinance No.2 of 1947).
Application of the Provisions of Paragraph 2 of Article 101 and Article 104 of Law for the Election of the Members of the House of Representatives (Imperial Ordinance No.96 of 1946).
Regulations for the Supervision of Election Campaigns for Members of the House of Representatives (Ministry for Home Affairs Ordinance No.32 of 1946).
Law for the Election of Members of the House of Councillors (Law No.11 of 1947).
Enforcement Ordinance of the Law concerning the Election of Members of the House of Councillors (Imperial Ordinance No.58 of 1947).
Regulations concerning the Enforcement of the Law for the Election of Members of the House of Councillors (Ministry for Home Affairs Ordinance No.9 of 1947).
Regulations for the Supervision of Election Campaigns for Members of the House of Councillors (Ministry for Home Affairs Ordinance No.11 of 1947).
Law for Special Instances of the writings, Drawings and the like in the Election Campaign (Law No.16 of 1947).
Regulations for the Supervision of Election Campaigns for Members of Public Entity Assembly (Prime Minister's Office Ordinance No.64 of 1948).
(Partial Amendment to the Law concerning the Regulation of Political Contributions and Expenditures)
Article 2. The Law concerning the Regulation of Political Contributions and Expenditures (Law No.194 of 1948) shall be partially amended as follows:
(1)In the Contents of the Law concerning the Regulation of Political Contributions and Expenditures, "Chapter III, Candidate for Public Office" shall be deleted, Chapter IV shall be made Chapter III, and its succeeding Chapters shall be moved up by one chapter.
(2)In Article 1, "and candidate for public office" shall be deleted.
(3)Article 2 shall be amended as follows:
"Article 2. The term'election'as used in this law shall mean the election to public offices under the Public Offices Election Law (Law No.100 of 1950)."
(4)In Article 4, "Laws mentioned in the aforesaid Article" shall be amended as "Public Offices Election Law" .
(5)Article 13 shall be amended as follows:
"Article 13. Concerning the matters relative to the contributions and other incomes as well as payments received or made in connection with the election, the accountant of the political party, association and other organization shall submit, to the Election Administration Commission concerned, as statement inscribing the matters mentioned in each item of paragraph 1 of the preceding Article according to the prescriptions mentioned in the following items:
1) As to the contributions and other income as well as payments received or made by the day before the day of public notification or notice of the date of election of candidates for public office and those received or made during the period from the day of the public notification or notice of the date of election to the seventh day prior to the date of election, the statement shall be submitted en bloc by the fifth day before the date of election.
2) As to the contributions and other income as well as payments received or made during the period from the sixth day prior to the date of election of candidates for public office to the date of such election and those received and made after the date of such election, the statement shall be submitted, upon the settlement of account of those prescribed in the preceding item, within fifteen (15) days after the date of election.
3) As to the contributions and other income as well as payments received or made after the statement of settlement mentioned in the preceding item was submitted, its statement shall be submitted within seven (7) days from the day on which such contributions and other income as well as payments were received or made.
In the case of election under Article 117 paragraph 1 of the Public Office Election Law, the contributions and other income as well as payments received or made in connection with the election shall be regarded as contributions and income as well as payments received or made after the date of the elect on which caused such election to be held, and shall come under application of the provisions of items (2) and (3) of the preceding paragraph. However, in application of the provision of the preceding paragraph, item (2), "Within fifteen days after the date of election" mentioned in the preceding paragraph 2 shall read as "within fifteen (15) days from the date of election under paragraph 1 or paragraph 3 of Article 117 of the same Law."
(6)All provisions in Chapter III shall be deleted.
(7)Chapter IV shall be made Chapter III;Article 31 shall be made Article 19, and Article 32 shall be deleted.
(8)Chapter V shall be made Chapter IV, and in paragraph 1 of Article 33, "Article 28, Article 28, Article 31, the preceding Article or paragraph 2, Article 35" shall be amended as "the preceding Article" and in paragraph 2 of the same Article, "and the Election Administration Commission for the Members of the House of Councillors from the Nationwide Constituency" shall be deleted, and the same Article shall be made Article 20.
(9)In Article 34 paragraph 1 "Article 28, Article 31, Article 32, or Article 35 paragraph 2" shall be amended as "Article 19" , and in paragraph 2 of the same Article "the Election Administration Commission for the Members of the House of Councillors from the Nationwide Constituency" shall be deleted, and the same Article shall be made Article 21.
(10)Chapter VI shall be made Chapter V and Article 35 shall be deleted and Article 36 and Article 37 shall be amended as follows:
"Article 22. The political party, association, other organization or its branch offices shall not receive contributions in connection with elections from the persons referred in each item of Article 199 of the Public Offices Election Law (Excepting the cases which come under the provisions of the proviso to the same Article), as well as from the foreign national, a foreign juridical person and foreign organization.
The political party, association, other organization or its branches shall not receive contributions in connection with elections mentioned in Article 201 paragraph 1 of the Public Offices Election Law."
(11)Chapter VII shall be made Chapter VI, and Article 38 shall be made Article 23.
(12)In the proviso to Article 39, "item (9)" shall be amended as "item (7)" and "item (10)" shall be amended as "item (8)" and the same Article shall be made Article 24.
In item (1) of the same Article "or Article 23" shall be deleted.
In item (2) of the same Article "or Article 25" shall be deleted.
In item (3) of the same Article "or Article 27" shall be deleted.
In item (4) and item (5) of the same Article "or Article 30" shall be deleted.
In item (6) of the same Article "or Article 29" shall be deleted.
Item (7) and item (8) of the same Article shall be deleted.
In item (9) of the same Article "Article 31, paragraph 1 of Article 32 or paragraph 2 of Article 35" shall be amended as "Article 19" and the same item shall be made item (7).
In item (10) of the same Article, "Article 52" shall be amended as "Article 31" and the same item shall be made item (8).
(13)In item (1), Article 40 "Article 17 or of Article 18 or Article 28 or paragraph 2, Article 32" shall be amended as "Article 17 or of Article 18" , and the same Article shall be made Article 25.
(14)Article 41 shall be deleted.
(15)Article 42 paragraph 1 shall be deleted, and in paragraph 2 of the same Article, "Article 36 paragraph 2 or Article 37 paragraph 2" shall be amended as "Article 2" , and the same paragraph of the same Article shall be made paragraph 1, paragraph 3 of the same Article shall be made paragraph 2 and the same Article shall be made Article 26.
(16)In Article 43, "Article 39, Article 40 paragraph 1, Article 41 paragraph 1 and paragraph 1 or the preceding Article" shall be amended as "Article 24 and Article 25 paragraph 1" , and the same Article shall be made Article 27.
(17)From Article 44 to Article 47 inclusive shall be deleted, and Article 48 shall be made Article 28.
(18)Chapter VIII shall be made Chapter VII, and in Article 49, "the accountant of a candidate for public office" shall be deleted, and "Article 28, Article 31, Article 32 or Article 35 paragraph 2" shall be amended as "Article 19" and the same Article shall be made Article 29.
(19)Article 50 shall be deleted.
(20)In Article 51, "the Election Management Commission for Members of the House of Councillors of the Nationwide Constituency and" and "the Election Management Commission for the Members of the House of Councillors of the Nationwide Constituency may direct and supervise the prefectural Election Management" shall be deleted, and the same Article shall be made Article 30.
(21)In Article 52, "the Election Management Commission for Members of the House of Councillors of the Nationwide Constituency" and "candidate for public office or relative thereto" shall be deleted, and the same Article shall be made Article 31.
(22)Article 53 shall be made Article 32.
(23)In Article 54, "Article 33" shall be amended as "Article 20," and "Article 34" shall be amended as "Article 21" , and the same Article shall be made Article 33.
(24)Article 55 of Additional Rules shall be made Article 34 and its succeeding Articles shall be moved up by 21.
(Partial Amendment to the Local Autonomy Law)
Article 3. Local Autonomy Law (Law No.67, 1947) shall be partially amended as follows:
(1)In the Contents of the Local Autonomy Law, Volume II, "Chapter IV. Elections" shall be amended as "Chapter IV. Deleted" and in Chapter IV, Sections 1 to 9 inclusive shall be deleted.
(2)In Article 11, "and the Public Offices Election Law" shall be added next to "the present Law" .
(3)Chapter IV shall be amended as follows:
"Chapter IV. Deleted" .
"Articles 17 to 73 inclusive shall be deleted".
(4)In Article 74 paragraph 1, "the persons who have the right of voting" shall be amended as "the persons who have the right of voting in the dection of assemblymen or chiefs of the ordinary local public bodies (hereinafter referred to as the persons who have the right of voting)" .
(5)In Article 79, "a general election" shall be amended as "a common election" .
(6)In the proviso to Article 84, "Article 58, paragraph 5" shall be amended as "Article 100 paragraph 4 of the Public Offices Election Law" .
(7)In Article 85 paragraph 1, "provisions of Chapter IV" shall be amended as "provisions concerning the election relating to the ordinary local public body in the Public Offices Election Law" .
(8)In Article 90 paragraph 2 and Article 91 paragraph 3, "general election" shall be amended as "common election" .
(9)In Article 92 paragraph 2, "not be a paid official of the ordinary local public body" shall be amended as "be neither a member of the assembly of the local public body nor a paid official of the said local public body" .
(10)In Article 93 paragraphs 2 to 4 inclusive shall be amended as follows:
"Reckoning of the term mentioned in the preceding paragraph and the term of office of the supplemented member or of the member newly elected due to the change of the fixed number of members shall be one in accordance with the provisions of Article 258 paragraph 1, and Article 260 paragraph 1 and paragraph 2, of the Public Offices Election Law."
(11)In Article 118 paragraph 1, "Article 32, Article 41 and Article 55 (except those parts which concern the election of the chief of the ordinary local public body)" shall be amended as "Article 46, Article 48, Article 68 paragraph 1 of the Law for Election to Public Offices and Article 95 which concern the election of the assemblymen of the ordinary local public body" .
(12)In Article 127 paragraph 1 items (1) to (3) inclusive shall be delected, and in the same paragraph, "by reason of his falling under any of the following items" shall be amended as "by reason of his falling under the provision of Article 11 or Article 252 of the Public Offices Election Law" .
(13)Article 128 shall be amended as follows:
"Article 128. An assemblymen of an ordinary local public body shall not lose his office until determination, decision or ruling on objection filed under Article 202 paragraph 1 or Article 206 paragraph 1, or the Public Offices Election Law, appeal lodged under Article 202 paragraph 3 or Article 206 paragraph 3 of the same Law, suit instituted under Article 203 paragraph 1, Article 207 paragraph 1 or Article 210 to Article 212 inclusive, or determination or ruling under the provision of the preceding Article, become final".
(14)Article 140 paragraph 2 shall be amended as follows:
"In regard with computation of the term of office mentioned in the preceding paragraph, it shall be done in accordance with Article 259 of the Public Offices Election Law" .
(15)In Atircle 143 paragraph 1, "by reason of his falling under any of the events prescribed in Article 127 paragraph 1" shall be amended as "by reason of his falling under the provision of Article 11 or Article 252 of the Public Offices Election Law" .
(16)Article 144 shall be amended as follows:
"Article 144. The chief of an ordinary local public body shall not loss his office until determination, decision or ruling on objection filled under Article 202 paragraph 1 or Article 206 paragraph 1 of the Law for Public Offices Election Law appeal lodged under Article 202 paragraph 3 or Article 206 paragraph 3 of the same Law, suit instituted under Article 203 paragraph 1, Article 207 paragraph 1 or Article 210 to Article 212 inclusive of the same Law, or determination or ruling under the provision of the preceding Article become final".
(17)In Article 164, "Article 20" shall be amended as "Article 11 paragraph 1, of the Public Offices Election Law" .
(18)In Article 166 paragraph 1 and Article 168 paragraph 5, "the offices prescribed in Article 21 paragraph 2" shall be amended as "Public procurators, members of the National Rural Police, or revenue officials, and members of Public Safety Commissions or municipal police in ordinary local public bodies" .
(19)In Article 184 paragraph 1 "by reason of his falling under any of the events prescribed in Article 127 paragraph 1" shall be amended as "by reason of his falling under the provision of Article 11 or Article 252 of the Public Offices Election Law."
(20)In Article 213 paragraph 6 and Article 262 paragraph 1, "the provisions of Chapter IV" shall be amended as "the provisions concerning the election relative to the ordinary local public body in the Public Offices Election Law" .
(21)Article 263 shall be amended as follows:
"Article 263. Deleted".
(22)In Article 277, "Article 18, Article 22 paragraph 7" shall be deleted.
(23)Article 279 shall be amended as follows:
"Article 279. Deleted".
(24)Article 295 paragraph 2 shall be amended as follows:
"2 Excepting for those provided in the preceding paragraph with respect to the election of the members of the assembly of a property-ward shall be according to the prescription provided in Article 268 of the Public Offices Election Law" .
(Partial Amendment to the Board of Education Law)
Article 4. The Board of Education Law (Law No.170 of 1948) shall be partially amended as follows:
(1)In Article 7 paragraph 2, "inhabitants of a prefecture or city, town or village" shall be amended as "inhabitants of a local public body in accordance with the provisions of the Public Offices Election Law (Law No.100 of 1950)" .
(2)Article 8 shall be amended as follows:"
(Term of Office)
Article 8. The term of office of the elective members of the Board shall be four years.
2 The term of office of the member elected in the assembly shall be his term of office as assemblyman.
3 The reckoning of the term of office of the member provided for in paragraph 1, as well as the term of office of the members filling vacancies or recruiting members, shall be in accordance with the provisions of the Public Offices Election Law."
(3)Article 9 shall be amended as follows:
"Article 9 shall be deleted."
(4)Article 11 to Article 25 inclusive shall be amended as follows:
"Article 11 to Article 25 inclusive shall be deleted".
(5)Articles 27 and 28 shall be amended as follows:
"Articles 27 and 28 shall be deleted."
(6)In Article 64 paragraph 1, "In case when all the members are vacant and the provisions of paragraph 2 of Article 25 cannot apply" shall be amended as "In case all the members are vacant" .
(Partial Amendment to the Law for Enforcement of the Code of Criminal Procedure)
Article 5. The Law for Enforcement of the Code of Criminal Procedure (Law No.249 of 1948) shall be partially amended as follows:
Article 14 shall be amended as follows:
"Article 14 shall be deleted."
(Partial Amendment to the Law of the People's Examination of the Supreme Court Judges)
Article 6. The Law of the People's Examination of the Supreme Court Judges (Law No.136 of 1947) shall be partially amended as follows:
(1)In Article 5, "twenty-five (25) days" shall be amended as "thirty (30) days" .
(2)Article 8 shall be amended as follows:
"Article 8(Lists of the persons having right of examination). For examination, the poll books prepared in accordance with the provisions of the Public Offices Election Law (Law No.100 of 1950) which was used for election of members of the House of Representatives mentioned in Article 2 shall be used. However, for renewal of examination, the poll-books prepared in accordance with the said Law and being effective at the time of the examination shall be used."
(3)In Article 9 paragraph 5 shall be deleted, and following seven (7) paragraphs shall be added:
"The People's Examination Administration Committee shall elect one chairman from among its members.
The chairman shall preside over the business pertaining the People's Examination Administration Committee and represent the Committee.
The People's Examination Administration Committee shall not open its session unless more than half of its members are present.
The proceedings of the People's Examination Administration Committee shall be decided by a majority of its members, and in case the number of pros and cons are the same, the decision shall be decided by the chairman.
The People's Examination Administration Committee shall have a clerk to perform the business concerning the Committee under the command of the chairman.
The clerk shall be appointed or dismissed by the chairman.
The necessary matters concerning the People's Examination Administration Committee, except those provided in this law and the orders issued under this Law, shall be prescribed by the committee".
(4)In Article 25 paragraph 1, "election.... by virtue of the provision of Article 71 of the Law for Election of Members of the House of Representatives" shall be amended as "election of Members if the House of Representatives by virtue of the provisions of Article 100 of the Public Offices Election Law" , and in paragraph 2 of the same Article, "The provisions of Articles 20 to 22, 44 to 26 and Article 48 of the Law for the Election of Members of the House of Representatives" shall be amended as "The provisions of paragraphs 1, 2, and 4 of Article 37, Articles 39 and 41, Article 61 paragraphs 1, 2, and 4, as well as Articles 63 to 65 inclusive" , and in paragraph 3 of the same Article, "the list of names of the voters for the Election of Members of the House of Representatives" shall be amended as "the list of names of the voters mentioned in the text of Article 8" .
(5)In Article 27 paragraph 4, Article 30 paragraph 4, and in proviso to Article 32, "the poll-book for members of the House of Representatives" shall be amended as "the list of names of the voters mentioned in the text of Article 8" .
(6)In Article 34, "Chapter VI of the Law for the Election of Members of the House of Representatives" shall be amended as "Articles 78, 82, 84, and 85 of the Public Offices Election Law" .
(7)In Article 43 paragraph 2, "twenty-five (25) days" shall be amended as "thirty (30) days" , and the following clause shall be added to paragraph 4 of the same Article as its latter part:
"In this case, the list of names of the voters mentioned in the text of Article 8 in paragraph 3 of the same Article" shall read as "the list of names of the voters mentioned in the proviso to Article 8" .
(8)In Article 44 paragraph 1, "twenty thousand (20,000) yen" shall be amended as "fifty thousand (50,000) yen" , and in paragraph 2 of the same Article, "any elected administration commissioner of a local public entity (including an administrative Ward and any of the Wards of Cities mentioned in Article 155 paragraph 2 of the Local Autonomy Law the same shall apply hereinafter)," shall be amended as "any member of electoral administration committee" , and "or of the electoral administration committee of a local public entity" as "or any personnel of the electoral administration committee" and "thirty thousand (30,000) yen" as "seventy-five thousand (75,000) yen" , and "within the Metropolis, District, Special Prefectures or Prefectures within which he officially acts" shall be deleted.
(9)In Article 46, "thirty thousand (30,000) yen" shall be amended as "seventy-five thousand (75,000) yen" .
(10)In Article 47 paragraph 2, "three thousand (3,000) yen" shall be amended as "seven thousand five hundred (7,500) yen."
(11)In Article 48, "ten thousand (10,000) yen" shall be amended as "twenty-five thousand (25,000) yen."
(12)Article 49 shall be amended as follows:
"Article 49(Application on with the necessary modifications of the penal provisions of the Law for Election to Public Offices) To the examination, the provisions of Articles 227 to 234 inculsive,237,238 and 225 of the Public Offices Election Law shall apply with the necessary modifications. In this case, the provisions in that Law shown in the upper column of the following table, those shown in the middle column shall read as shown in the right column.
Article 227
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.
Those who are mentioned in the fore part of Article 44 paragraph 2 of the Law of the People's Examination of the Supreme Court Judges.
Article 237 paragraph 4
Article 227 the name of the candidate for whom an electer has voted.
the contents of vote
Article 228 paragraph 1
the name of a candidate
the contents of vote
Article 230
Article 225 item (1)
Article 46 item 1 of the Law of the People's Examination of the Supreme Court Judges.
Article 234
Article 221, Article 222, Article 223, Article 225
Articles 44 and 46 of the Law of the People's Examination of the Supreme Court Judges as well as this law.
Article 225
this Chapter
Chapter VII of the Law of the People's Examination of the Supreme Court Judges."
(Partial Amendment to the Agricultural Land Adjustment Law)
Article 7. The Agricultural Land Adjustment Law (Law No.67 of 1938) shall be partially amended as follows:
(1)To Article 15-(3), the following two paragraphs shall be added:
"Members and personnel of the Election Administration Commission, voting overseers, ballot-counting overseers, election meeting chairmen, and Government and public officials who are connected with election business shall not be candidates for members of City, Town or Village Agricultural Land Commission during their tenure of office within the districts with which they are concerned in such capacities.
Judges, public procurators, Government auditors, revenue officials, members of the National Rural Police, members of Public Safety Commission as well as members of the Municipal Police shall not be candidates for members of City, Town or Village Agricultural Land Commission during their tenure of office."
(2)Paragraph 4 of Article 15-(6) shall be deleted, and to the same Article the following six paragraphs shall be added:
"The mutual election in accordance with the provisions of paragraph 2 shall be conducted by vote, and the persons who obtained majority votes shall be appointed voting witnesses. In case of a tie, the voting overseer shall make the decision by drawing lots.
The mutual election in accordance with the provisions of paragraph 2 shall be conducted on the day immediately preceding the day of election.
The place and date for the mutual election to be held in accordance with the provisions of paragraph 2 shall be notified beforehand by the voting overseer.
When the candidate dies or has declined candidacy, the voting witnesses reported by him shall lose their offices.
A voting witness shall not resign his office without justifiable reason.
The provisions of the preceding eitht paragraphs shall apply mutatis mutandis to the voting witnesses and the election witnesses in the election of the members of City, Town or Village Agricultural Land Commission."
(3)Article 15-(7) shall be amended as follows:
"Article 15-(7). The provisions of Article 8, Article 17, Articles 22 to 25 inclusive, Article 30, and paragraph 4 and paragraph 5 of the Supplementary Provisions of the Public Offices Election Law (Law No.100 of 1950) shall apply mutatis mutandis to an election of the members of City, Town or Village Agricultural Land Commission. However, of the provisions of the same Law enumerated in the left column of the following list, those enumerated in the middle column of the same list shall read as enumerated in the right column of the same list, respectively.
Article 22 paragraph 1...
the fifth of November...
the twentieth of January of the following year
Article 25 paragraph 1...
the twentieth of December...
the fifth of March of the following year
Article 25 paragraph 2...
the ninteenth of December of the following year...
the fourth of March of the following year but one
The provisions of Article 128 of the Local Autonomy Law (Law No.67 of 1947) shall apply mutatis mutandis to the election of City, Town or Village Agricultural Land Commission."
(4)Article 15-(8) shall be amended as follows:
"Article 15-(8). The provisions of Article 10 paragraph 2;Article 11 paragraph 1;Article 18 paragraphs 1, 3 and 4;Article 33 paragraphs 1 to 4;Article 34 paragraphs 1 and 3 to 6 inclusive;Chapter VI.(excluding the provision of Article 38);Chapter VII (excluding the provision of Article 62);Chapter VIII (excluding the provisions of Article 76 and Article 81) Article 86 paragraphs 1 to 3 inclusive, 7 and 8;Article 90;Article 91;Chapter X (excluding the provision of Article 104);Article 110 paragraph 1;Article 111;Article 112 paragraphs 1, 5 and 6;Article 113;Article 115 paragraph 1;Article 116;Article 129, Article 130;Article 131, the principal clause of paragraph 3;Article 132 to Article 138 inclusive;Article 161 paragraphs 1, 3 and 4;Article 166;Article 178;Chapter XV (excluding the provisions of Article 204, Article 208, Article 210 and Article 212"and Chapter XVI (excluding the provisions of Article 235, Article 236 paragraph 2;Article 243 items (1) to (8) inclusive;Article 244;Articles 246 to Article 250 inclusive;Article 251 paragraph 2;and Article 253 paragraph 1) of the Public Offices Election Law shall apply to the election of the members of City, Town or Village Agricultural Land Commission excepting the parts which concern the elections of members of the House of Representatives members of the House of Councillors, members of the Board of Education, the chief of a local public body, and assemblymen of To, Do, Fu and prefectures. However, of the provisions of the same Law enumerated in the left column of the following list, those enumerated in the middle column of the same list, respectively.
Article 10 paragraph 2...
each of items of the preceding paragraph...
Article 15-(3) paragraph 1 of the Agricultural Land Adjustment Law (Law No.67 of 1938)......
Article 68 paragraph 1 item (2)
Article 87, Article 88 or Article 89...
Article 15-(3) paragraphs 3 and 4 of the Agricultural Land Adjustment Law
Article 90...
the preceding Articles...
Article 91
Article 88 and Article 89...
Article 97...
if there are the persons who obtained the ballots under the provision of the proviso in Article 95 paragraph 1, but did not become the person selected while... have happened within the three months after the date of election, or the person who obtained the ballots but did not become the person elected under application of the provision of Article 95 paragraph 2 while these causes have happened after lapse of three months since the date of electing.
In case there are the persons who obtained the ballots under the provision of the proviso to Article 95 paragraph 1, but did not become the person elected while... have happened...
Article 112 paragraph 1
In case.. happen... within three months from the date of the election concerned while there are persons who obtained the ballots but did not become the person elected in accordance with the proviso to Article 95 paragraph 1, or in case... happen after three months from the date of election of the members concerned 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...
Article 110...
in the case where the number of the persons elected in shortage in the election concerned comes under any of the following items, except the case where the person elected is able to be determined......
in the case where the person elected is not able to be determined (excluding the case where the Commission for Overseeing the Election of the City, Town or Village obtained an approval of the Governor of To, Do, Fu or Prefecture when the persons elected are in shortage or a vacancy occurs among members of the Commission and their number is less than two in total
Article 113 paragraph 1...
when the number of vacant membership comes under any of the following items except the case where the person elected is able to be determined...
Article 111 paragraph 1 item (2);
the Chairman of the Assembly of the Local Public body concerned...;
the Chief of City, Town or Village Agricultural Land Commission concerned...
Article 125
The person mentioned in Article 88...
The person mentioned in Article 15-(3) paragraph 3... of the Agricultural Land Adjustment Law
Article 136
The persons mentioned in the following items...
The persons mentioned in Article 15-(3) item (4) of the Agricultural Land Adjustment Law
Article 241...
Article 125 or Article 126...
Article 125 or Article 136 which applies mutatis mutandis in Article 15-(8) of the Agricultural Land Adjustment Law
Article 251 paragraph 1...
any of the crimes mentioned in this Chapter (excluding the crimes of Article 245;Article 246 items (2) to (7);Article 248;and Article 249)......
any of the crimes mentioned in Chapter XVI which applies mutatis mutandis in Article 15-(8) of the Agricultural Land Adjustment Law (excluding the crimes in Article 245)...
Article 254
Article 252 paragraph 1... any of the crimes mentioned in this Chapter (excluding the crimes of Article 242, Article 244 and Article 245)......
any of the crimes mentioned in Chapter XVI which applies mutatis mutandis in Article 15-(8) of the Agricultural Land Adjustment Law (excluding the crimes in Article 240, Article 242 and Article 245)..."
(5)To Article 15-(11), the following paragraph shall be added:
"The provisions of items 3 and 4 of Article 15-(3) shall apply mutatis mutandis to an election of To, Do, Fu or prefectural Agricultural Land Commission."
(6)Item (3) of Article 15-(14) shall be amended as follows:
"The provisions of Article 19 paragraph 2, the former part of paragraph 3 of Article 26 and Article 27 paragraphs 2 and 3 shall apply mutatis mutandis to the Electors'List of paragraph 1. However, of the provisions of the same Law enumerated in the following list, those enumerated in the middle column of the same list shall read the bottom list respectively.
Article 19 paragraph 2
the preceding paragraph
Article 15-(14) item (1) of the Agricultural Land Adjustment Law
the former part in Article 26 paragraph 3
in the case of the preceding two paragraphs, the requrements for the right to vote the requirements
for the right to vote"
(7)To Article 15-(17) the following item shall be added:
"The provisions of Article 128 of the Local Autonomy Law shall apply mutatis mutandis to the election of members of the Agricultural Land Committee of To, Do, Fu or prefecture."
(8)Article 15-(18) shall be amended as follows:
"Article 15-(18). The provisions of Article 29, Article 30, Article 33 paragraphs 1 to 4, Article 24 paragraph 1 and paragraphs 3 to 6 inclusive, Chapter VI (excepting the provisions of Article 38), Chapter VII (excepting the provisions of Article 62), Chapter VIII (excepting the provisions of Article 76 and Article (81), Article 86 paragraphs 1 to 3 inclusive and paragraph 7 and 8, Article 87 paragraph 1, Article 90, Article 91, Chapter X (excepting the provisions of Article 104), Article 110 paragraph 1, Article 111, Article 112, paragraph 1 and paragraphs 5 and 6, Article 113, Article 115 paragraph 1, Article 116, Article 129, Article 130, the principal provision of Article 131 paragraph 3, Articles 132 to 138 inclusive, Article 161 paragraphs 1, 3 and 4 inclusive, Article 166, Article 178, Chapter XV (excepting the provisions of Article 210 and Article 212) and Chapter XVI (excepting the provisions of Article 235, Article 236 paragraph 2, Article 243 items 1 to 9 Article 244, Articles 246 to 250 inclusive, Article 251 paragraph 2, and Article 253 paragraph 1) of the Public Offices Election Law shall apply mutatis mutandis to the election of members of the Agricultural Land Committee of To, Do, Fu or prefecture, excepting the parts relating to the election of members of the House of Representatives, the House of Councillors, the Board of Education, Chiefs of the local public entities and members of the assembly of the city, town or village. However, in the Articles and paragraphs of the same Law enumerated in the left-hand column of the following table, the provisions mentioned in the middle column of the same table shall read as those mentioned in the right-hand column of the same table respectively.
Article 30 paragraph 1
Cities, towns and villages
To, Do, Fu and prefecture
Article 68 paragraph 1 item (2)
Article 88 or Article 89
Article 15-(3) paragraph 3 or 4 of the Agricultural Land Adjustment Law, which apply mutatis mutandis in Article 15-(11) of the same Law.
Article 90
the preceding Article
Article 91
Article 88 or Article 89
Article 97 paragraph 2...
if there are the persons obtained the ballots under the provision of the proviso to Article 95 paragraph 1, but did not become the persons elected while the causes have happened within three months after the date of election or the persons who obtained the ballots but did not become the person elected under application of the provision of Article 95 paragraph 2 while these causes have happened after lapse of three months since the date of election....
if there are the persons who obtained the ballots under the provisions of the proviso to Article 95 paragraph 1, but did not become the person elected in case the causes have happened.
Article 112 paragraph 1
In case where (vacancy or vacancies) happen... within three months from the date of the election concerned... while there are persons who obtained the ballots but did not become the person elected in accordance with the provisions of Article 95 paragraph 1, or in case where (vacancy or vacancies) happens after three months from the date of election of the members 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.
Article 110 paragraph 1
in the case where the number of the persons elected in shortage in the election concerned comes under any of the following items, except the case were the person elected is able to be determined.
in case it is impossible to determine the person elected (excepting the case where, if, within three months prior to expiration of the office of the members of the Agricultural Land Committee of To, Do, Fu or prefecture, the number in shortage in the persons)
Article 113 paragraph 1
when the number of vacant membership comes under any of the following items except the case where the person elected is able to be determined elected or vacancy or vacancies created in the membership reaches altogether less than two (inclusive), the Election Administration Commission of To, Do, Fu or prefecture has been duly authorized by the competent Minister
Article 111 paragraph 1...
the chief of the local public body concerned......
the chairman of the Agricultural Land Committee of To, Do, Fu or Prefecture concerned
Article 135
The person mentioned in Article 88
The person mentioned in Article 15-(3) paragraph 3, of the Agricultural Land Adjustment Law, which apply mutatis mutandis in Article 15-(11) of the Same Law
Article 136
Those persons mentioned in the following items
Those persons mentioned in Article 15-(3) paragraph 4, of the Agricultural Land Adjustment Law, which apply mutatis mutandis in Article 15-(11) of the Same Law
Article 241 item (2) Article 135 or Article 136 Article 135 or Article 136 which apply mutatis mutandis in Artice 15-(18) of the Agricultural Land Adjustment Law
Article 251 paragraph 1...
the crimes mentioned in this Chapter (excluding the crimes of Article 245, Article 246 items (2) to (9), Article 248 and Article 249)... the crimes mentioned in Chapter XVI which apply mutatis mutandis in Article 15 paragraph 18 of the Agricultural Land Adjustment Law (excluding the crimes provided for in Article 245)
Article 254...
the crimes mentioned in this Chapter (excluding the crimes of Article 245, Article 246 items (2) to (9), Article 248 and Article 249)...
the crimes mentioned in Chapter XVI which apply mutatis mutandis in Article 15-(18) of the Agricultural Land Adjustment Law, (excluding the crimes provided for in Article 245)
Article 252 paragraph 1
the crimes mentioned in this Chapter (excluding the crimes of Article 240, Article 242, Article 244 and Article 254)... the crimes mentioned in the Chapter XVI which apply mutatis mutandis in Article 15-(19) of the Agricultural Land Adjustment Law (excluding the crimes provided for in Article 240, Article 242 and Article 245)"
(9)
Article 15-(19) paragraph 8 shall be amended as follows:
"The provisions of Articles 42 and 43 of the Public Offices Election Law shall apply mutatis mutandis to the consent or demand in paragraphs 1 and 2. However, in Article 42 paragraph 1," However, should any one come to the polling place on the day of election bringing within him the decision or writ of final judgement to the effect that he should have to be registered in the electors'list, the voting overseer shall allow him to vote "shall be amended as" However, this shall not apply to any person who should be registered in the electors'list because of decision on the objection or final judgement of a court of Law."
(10)In Article 15-(22) paragraph 4, "Article 93 paragraphs 2 to 4 inclusive of the Local Autonomy Law" shall be amended as "Article 258 paragraph 1 and Article 260 paragraphs 1 and 2 of the Public Offices Election Law."
(Partial Amendment to the Fisheries Law)
Article 8. The Fisheries Law (Law No.268 of 1949) shall be partially amended as follows:
(1)Article 87 shall be amended as follows:
"(Ineligible persons)
Article 87. No person coming under any of the following items shall have the right to vote or be eligible:
(1) Any person under twenty years of age;
(2) Any person who is prescribed in Article 11 paragraph 1 (those who have neither the right to vote nor eligibility for election), the Public Offices Election Law (Law No.100 of 1950).
2 No member of employee of an Electoral Administration Commission, voting overseer, ballot-counting overseer, election meeting chairman, or Government or public official in connection with the election business shall become candidate for membership on the Sea-area Fisheries Adjustment Commission during his tenure of office within the district concerned.
3 No judge, public procurator, Government auditor, revenue official, member of the National Rural Police, member of a Public Safety Commission, or member of the municipal police shall become a candidate for membership on the Sea-area Fisheries Adjustment Commission during his tenure of office."
(2)Article 89 paragraph 5 shall be amended as follows:
"The provisions of Articles 22 to 25 inclusive and Article 30 (Basic Electors'List), of the Public Offices Election Law shall apply mutatis mutandis to the Electors'Register as provided for in paragraph 1. In this case, in the provisions of the same Law mentioned in the left column of the following table, the dates mentioned in the middle column of the same table shall read as in the right column of the same table respectively:
Article 22 paragraph 1
November 5
March 20
Article 25 paragraph 1
December 20
May 5
Article 25 paragraph 2
December 19
May 4"
(3)Article 91 item (2) shall be amended as follows:
"(2) Any vote on which the full name of any person other than the candidate or of any person who is not authorized to be a candidate acording to the provisions of paragraph 2 or 3 of Article 87, is written;"
(4)In Article 92, "the proviso of Article 55, paragraph 1 of the Local Autonomy Law" shall be amended as "the proviso to Article 95 paragraph 1 of the Public Offices Election Law," "Article 57 of the Local Autonomy Law" as "Article 99 of the Public Offices Election Law" and "Article 66 paragraph 1 or 4 of the Local Autonomy Law" as "Article 202 paragraph 1, Article 203, Article 206 paragraph 1 or Article 207 of the Public Offices Election Law."
(5)Article 93 paragraph 1, "the proviso of Article 55, paragraph 1 of the Local Autonomy Law" shall be amended as "the proviso to Article 95 paragraph 1 of the Public Offices Election Law."
(6)Article 94 shall be amended as follows:
"(Modified Application of the Public Offices Election Law)
Article 94. The provisions of Article 10 paragraph 2 (Computation Method of Age of Eligible Persons), Article 17 (Polling District), Article 18 paragraphs 1, 2, 4, (Opening Districts), Article 33 paragraphs 1 to 4, Article 34 paragraphs 1, 3 to 6 inclusive (Date of Election), Chapter VI (Votes)(exclusive of the provisions of Articles 35, 36, Article 38 paragraph 4 and Article 46), Chapter VII (Counting of Ballots)(exclusive of the provisions of Article 62 paragraphs 4 to 6 inclusive, proviso to paragraph 10 and paragraph 12 and Article 68), Chapter VIII (Election Meeting and Election Sub-meeting)(exclusive of the provisions of Article 81), Article 86 paragraphs 1 to 3 inclusive, paragraphs 7 and 8, Articles 90 and 91 (Candidates), Chapter X (Persons Elected)(exclusive of the provisions of Articles 96 to 98 inclusive and Article 104), Article 111 (Notice in case of Absence), Article 116 (Ordinary Election in case of there being no Members or Persons elected), Article 129, Article 130, the main provision of Article 131 paragraph 3, Articles 132 to 138 inclusive, Article 161 paragraphs 1, 3 and 4, Articles 166 and 178 (Election Campaing), Chapter XV (Actions)(exclusive of the provisions of Article 202 paragraphs 2 and 3, Article 204, Article 206, paragraphs 2 and 3, Articles 208,210 and 212) and Chapter XVI (Penal Provisions)(exclusive of the provisions of Article 236 paragraph 2, Article 243 items (1) to (9) inclusive, Article 244, Articles 246 to 250 inclusive, Article 251 paragraph 2 and Article 253 paragraph 1) shall apply mutatis mutandis to the election of members of the Sea-area Fisheries Adjustment Commission excluding the parts relative to the election of members of the House of Councillors, members of the Boards of Education, chiefs of the local public bodies and members of the assemblies of cities, towns, of villages. In this case, in the provisions of the same Law mentioned in the left column of the following table, the wrods mentioned in the middle column of the same table shall read as in the right column of the same table respectively.
Article 10 paragraph 2
Each of the items of the preceding paragraph
Article 87 item (1) of the Fisheries Law (Law No.267 of 1949)
Article 48 paragraph 1
Article 46 paragraph 1 and Article 68 paragraph 1
Article 90 paragraph 5 and Article 91 of the Fisheries Law
Article 49
Article 46 paragraph 1, Article 50 and the preceding
Article Article 50, the preceding Article and Article 90 paragraph 3 of the Fisheries Law
Article 67
Article 68
Article 91 of the Fisheries Law
Article 76
Article 62
Paragraphs 1 to 3 inclusive, 7 to 9 inclusive, the main provision of paragraph 10 and Paragraph 11 of Article 62
Article 90
the preceding Article
Article 87 paragraph 2 or 3 of the Fisheries Law
Article 91
Article 88 or 89
Article 111 paragraph 1
Chairman of the assembly of the local public body concerned
Chairman of Sea-area Fisheries Adjustment Commission concerned
Article 116
Article 110 Paragraph 1 or Article 113 paragraph 1
Article 92 paragraph 2 or 4 of the Fisheries Law or Article 93 paragraph 2 of the same Law
Article 135
the person mentioned in Article 88
presons mentioned in Article 87 paragraph 2 of the Fisheries Law
Article 136
persons mentioned in the following items
persons mentioned in Article 87 paragraph 3 of the Fisheries Law
Article 251 paragraph 1
the crimes mentioned in this Chapter (excluding the crimes prescribed in Article 245, Article 246 items (2) to (9) inclusive, Articles 248 and Article 249)
the crimes mentioned in Chapter XVI which is applied mutatis mutandis by Article 94 of the Fisheries Law (exclusive of the crimes prescribed in Article 245)
Article 252 paragraph 1
the crimes mentioned in this Chapter (excluding the crimes prescribed in Articles 240,242,244 and 255)
the crimes mentioned in Chapter XVI which is applied mutatis mutandis by Article 94 of the Fisheries Law (exclusive of the crimes prescribed in Articles 240,242 and 245)"
(7)In Article 97 paragraph 1 items (1) to (3) inclusive shall be deleted and in the same paragraph, "because of his coming under any of the following items" shall be amended as "because of his falling under the provisions of Article 11 of the Public Offices Election Law or Article 252 of the same Law" and "the determination or decision as prescribed in paragraph 1 or the preceding paragraph" as "the determination against an objection and the decision to a lawsuit prescribed in Chapter XV of the Public Offices Election Law which applies mutatis mutandis in Article 94, or the determination or decision prescribed in paragraph 1 of this Article or the preceding paragraph."
(8)In Article 98, "general election" shall be amended as "ordinary election."
(9)In Article 135, "(Excepting the measures concerning the election)" shall be added next to "measure" .
(Partial Amendment to the Law for Partial Amendment to the Local Autonomy Law)
Article 9. The Law for Partial Amendment to the Local Autonomy Law (Law No.179 of 1948) shall be partially amended as follows:
In Article 2 paragraph 9 of Supplementary Provisions, "the provisions of Volume II, Chapter IV" shall be amended as "the provisions which concerns election in an ordinary local public body in the Public Offices Election Law (Law No.100 of 1950)."
(Partial Amendment to the Law for the Inquest of Prosecution)
Article 10. The Law for the Inquest of Prosecution (Law No.147 of 1948) shall be partially amended as follows:
"The Election List of the House of Representatives" provided for in Article 10 paragraph 1, shall read "the electors'list of the city, town or village concerned which is made use of for the election of members of the House of Representatives."
(Partial Amendment to the National Election Management Commission Law)
Article 11. The National Election Management Commission Law (Law No.154 of 1947) shall be partially amended as follows:
(1)Article 3 shall be amended as follows:
"Article 3. The National Election Management Commission shall be in charge of the following matters:
1. Matters pertaining to the research and the collection of data concerning elections based on the Public Offices Election Law (Law No.100 of 1950), the laws to which the provisions of the same Law apply mutatis mutandis and the Local Autonomy Law (Law No.67 of 1947) as well as the matters pertaining to these systems.
2. Matters pertaining to the research and the collection of data concerning the people's examination of the Supreme Court judges and the voting relative to ratification by the people of amendments to the Japanese Constitution, as well as the matters pertaining to these systems.
3. Matters pertaining to the research and the collection of data concerning voting based on various direct demands by the inhabitants of local public entities and other votings, as well as matters pertaining to this system.
4. Matters pertaining to the research and the collection of data concerning voting for the enactment of a special law applicable only to one local public entity, as well as matters pertaining to this system.
5. Matters concerning the supervision of business relative to the election of members of the House of Councillors from the national constituency.
6. Matters pertaining to the securing of necessary appropriations, the assistance in procuring necessary paper and other preparations concerning the election, the voting and the people's examination prescribed in the preceding items.
7. Matters pertaining to political parties and political associations.
8. Matters pertaining to publicity and propaganda of the elections, votings and the people's examination prescribed in items (1) to (4) inclusive.
9. Matters coming under jurisdiction of the Commission of the basis of other laws (including orders based on the laws.)"
(2)Article 4 shall be amended as follows:
"Article 4. The National Election Management Commission shall, in relation to the business concerning the election of members of the House of Representatives, members of the House of Councillors, chiefs and assemblyman of local public entities and members of the Boards of Education, and other votings, direct and supervise the Commission for overseeing the Election of the To, Do, Fu and prefectures, and the cities, towns and villages (including other corresponding entities)."
(3)Article 3 shall be amended as follows:
"Article 9. The Commissioners of the National Election Management Commission shall not concurrently be members of the House of Representatives or of the House of Councillors, assemblymen or chiefs of local public entities, or members of the Boards of Education."
(4)Article 10 item (2) shall be amended as follows:
"2. Any person who has committed any of the offences and has been sentenced to punishment in relation to elections, or people's examination held under the provisions of the law."
(5)Article 16 paragraph 3 shall be amended as follows:
"The appointment and dismissal, promotion or disciplinary punishment of the personnel set up in the secretariat, and other matters concerning personnel control, shall be in accordance with the provisions of the National Public Service Law (Law No.120 of 1947)."
CHAPTER II Transitory Provisions following the Enforcement of the Public Offices Election Law
(Validity of Former Elections)
Article 12. At the enforcement of the Public Offices Election Law, the elections conducted, in accordance with the former provisions, of persons who now hold the post of members of the House of Representatives, members of the House of Councillors, members of the assemblies of To, Do, Fu and prefectures, governors of To, Do Fu and prefectures, members of the assemblies of cities, towns and villages, headmen of cities, towns and villages (including units corresponding to these;hereinafter the same) members of the Boards of Education of To, Do, Fu and prefectures or of cities, towns, and villages, shall be regarded as elections conducted in accordance with the provisions of the Public Offices Election Law.
2 The term of office of the members, governors, headmen or members of Boards of Education provided for in the preceding paragraph shall be reckoned according to the former provisions.
(Validity of Former Proceedings and Disposals, etc.)
Article 13. The proceedings, disposals and other acts concerning the elections held in conformity with the existing Law for Election of Members of the House of Representatives, Law for Exception to Article 12 of the Law for Election of Members of the House of Representatives, the Law for Election of Members of the House of Councillors, the Local Autonomy Law, Board of Education Law, the Law for the Regulation of Political Contribution and Expenditures, or the orders under the abovementioned laws, shall be recognized as the proceedings, disposals and other acts in conformity with the corresponding provisions under the Public Offices Election Law or under the orders depending on the said law.
(Voting Right of the Persons who have the Right to Vote in Cities, Towns and Villages where they have no Domicile)
Article 14. The persons who have the voting right in elections of assemblymen, headmen, or members of boards of education of local public bodies in cities, towns or villages other than the city, town or village where they have domicile under the former provisions of Article 18 paragraph 2 of the Local Autonomy Law, at the time of enforcement of the Public Offices Election Law, shall not have the voting right in the city, town or village concerned, from the en forcement of the Public Offices Election Law.
2 With regard to the acquisition of the voting right and the registration on the supplementary electors'list of the persons provided for in the preceding paragraph, the requisites shall be decided by the city, town and village where these persons have domiciles, in accordance with the provisions of Article 9 and Article 26 of the Public Offices Election Law.
3 Any person who has acquired the voting right in a city, town or village other than the city, town or village where the person has a domicile, under the former provisions of Article 18 paragraph 2 of the Local Autonomy Law, and who holds at the time of enforcement of the Public Offices Election Law, the membership of the assembly or the board of education of the city, town or village concerned or the To, Do, Fu or prefecture containing the city, town or village concerned, shall have the right to vote and eligibility in the election of the assemblymen, headmen, and members of boards of education of the local public bodies in the city, town and village concerned, only during his term of office thereof, irrespective of the provisions under the preceding two paragraphs.
(Validity of the Former Electors'List)
Article 15. The electors'list for election of members of the House of Representatives which was prepared as of the September 15, 1949 in accordance with the provisions of the former Law for Election of Members of the House of Representatives shall be regarded as the basic electors'list prepared in accordance with the Public Offices Election Law.
2 The electors'list mentioned in the preceding paragraph shall be valid till the basic electors'list which is to be prepared as of September 15, 1950 in accordance with the provisions of the Public Offices Election Law, is established.
3 Electors'list for election of members of the House of Representatives prepared in accordance with the provisions of the former Law for Exceptions to Article 12 of the Law for Election of Members of the House of Representatives, and supplementary electors'lists prepared in accordance with the provisions of the former Local Autonomy Law, which are in force at the time of enforcement of the Public Offices Election Law, shall be regarded as parts of the supplementary electors'list prepared in accordance with the provisions of the Public Offices Election Law.
(Exceptions to the Supplementary Electors'List in the Ordinary Election of Members of the House of Councillors)
Article 16. The supplementary electors'list in the first ordinary election of members of the House of Councillors after enforcement of the Public Offices Election Law shall be prepared as of the date which is prescribed by a Cabinet Order, irrespective of the provisions of paragraphs 1 and 2 of Article 26 thereof.
2 In the case of the preceding paragraph, the age and the term of domicile of the elector shall be computed as of the date which is prescribed in, the Cabinet Order thereof.
(Exception in the Basis Electors'List of Mariners)
Article 17. For the mariners who are disqualified under the domicile requirement provided for in Article 26 paragraph 1, of the Public Offices Election Law as of the date of preparation of the supplementary electors'list in accordance with the provisions of paragraph 1 of the preceding Article, and in case the mariners mentioned above have been being employed by a shipowner for the last three months without interruption till the abovementioned day, the Election Administration Commission of the city, town or village shall prepare an electors'list registering these persons as of the date which is prescribed by a Cabinet Order under paragraph 1 of the preceding Article, in the same manner shown in Article 21 of the said law.
2 In the case of the preceding paragraph, necessary matters shall be prescribed by a Cabinet Order.
3 The electors'list prepared in accordance with the provision of paragraph 1 shall be effective concerning only the election of members of the House of Representatives and the election of members of the House of Councillor, and shall be regarded as the basic electors'list prepared in accordance with the provisions of the Public offices Election Law.
(Exception to the Public Management of Election in the Ordinary Election of Members of the House of Councillors)
Article 18. With regard to application of the provisions of the Public Offices Election Law to the first ordinary election of members of the House of Councillors to be held after the enforcement of the said Law, "not more than once (twice for the election of members of the House of Councillors from the national constituency)" in Article 149 paragraph 1, of the said Law shall read "not more than once" , and "five hundred" in Article 168 shall read "three hundred" .
(Application of the new Law to Vacancies in the Post Membership of Boards of Education elected in accordance with the Former Provisions)
Article 19. Concerning the members of the board of education of To, Do, Fu and Prefecture or the city, town or village who were elected in accordance with the former provisions of the Board of Education Law, in case of reasons or Vacancies Mentioned in items 4 to 6, Article 109 of the Public Offices Elections Law arising, the valid ballots in accordance with the former provisions shall be regarded as the valid ballots provided for in the Public Offices Election Law, and the provisions thereof shall apply.
(Supplementary Members of Boards of Education provided for Former Provisions)
Article 20. The supplementary members who were elected by the boards of education according to the provisions of the former Board of Education Law, and hold their office at the enforcement of the Public Offices Election Law, shall be regarded as the supplementary members provided for under Article 260 of the said Law, despite the provisions thereof;and these supplementary members shall remain in office until the day before the day of the regular election most close at hand.
2 In the case of vacancies in the supplementary membership of the preceding paragraph, the provisions of Article 112 paragraphs 3 and 4 of the Public Offices Election Law shall not apply, and the election shall be held in accordance with the provisions of Article 113 paragraph 4 of the said law.
(Election of members of the Board of Education in the case where the Board is newlyestablished)
Article 21. With regard to the first election of members of a board of education in cases where a city town or village intends to newly establish a board of education after the enforcement of the Public Offices Election Law, the election of the members whose term of office is four years and the election of the members whose term of office is two years shall be held jointly in one election, on October 15 of the year when the board of education is scheduled to be established.
(Exception to the Election notified to the Public before the enforcement of the New Law)
Article 22. The election the date of which has been notified to the public in accordance with the provisions of the former Law for Election of Members of the House of Representatives, the Law for Election of Members of the House of Councillors, the Local Autonomy Law and the Board of Education Law respectively, at the enforcement of the Public Offices Election Law, shall be held according to the former provisions.
2 Concerning elections of chiefs of local public bodies which have been notified under the preceding paragraph, in case a re-election has to be held in accordance with the former provisions of Article 5 paragraph 1 of the Local Autonomy Law, the former provisions shall apply to that election too.
(Exception to the date of election when a reason has arisen for holding an election prior to enforcement of the New Law)
Article 23. Concerning the election of assemblymen or chiefs of local public bodies and of members of the Boards of Education, in case a reason for holding it airses before enforcement of the Public Offices Election Law, and yet the date of election has not been notified to the public with regard to elections the reason of which corresponds to a reason for holding an election under the provisions of the same Law, the date of the election concerned shall be decided in accordance with the former provisions.
(Application of the former provisions to actions pending at the time of enforcement of the New Law)
Article 24. Concerning actions in accordance with the provisions of the former Law for Election of Members of the House of Representatives, the Law for Exemptions to Article 12 of the Law for Election of Members of the House of Representatives, the Law for Election of Members of the House of Councillors, the Local Autonomy Law, the Board of Education Law, the Law for the Regulation of Political Contribution and Expenditures, and Orders issued on the basis of the abovementioned laws respectively, objections or appeals in pendency at the Election Administration Commissions, or lawsuits in pendency at the courts at the time of enforcement of the Public Offices Election Law, shall still follow the former provisions, irrespective of the provisions of Articles 12 and 13.
(Application of the former Penal Provisions to the acts committed with regard to elections, etc., held before the enforcement of the New Law)
Article 25. The former Penal Provisions shall apply in the same manner as before to the acts committed in regard to the elections of members of the House of Representatives, members of the House of Councillors, assemblymen and chiefs of local public bodies, and of members of the Boards of Education, which were held before the enforcement of the Public Offices Election Law, irrespective of the provisions of Articles 12 and 13.
2 The former penal provisions shall apply to the acts in regard to the elections provided for in Article 22, in the same manner as hitherto.
(Relation between the former electoral districts of the members of the House of Representatives and Annexed Table No.1 of the Public Offices Election Law)
Article 26. In Separate Table No.1 of the Public Offices Election Law, the districts (gun), cities, wards or local offices (shicho) in the separate table of the former law for Election of Members of the House of Representatives have been only adjusted according to the alteration of the names thereof, or creation and abolishment thereof, on the basis of investigation as of December 1, 1949, and as far as the electoral districts are concerned, the boundaries of the electoral districts under the provisions of the former Law for Election of Members of the House of Representatives shall not be altered at all.
2 The provisions of the preceding paragraph shall not interfere with the application of the provisions of Article 13 of the Public Offices Election Law after the enforcement thereof.
(Commission of Transitional Provisions)
Article 27. Any special transitional measures necessary for the enforcement of the Public Offices Election Law besides those provided for under Article 12 to the preceding Article inclusive shall be prescribed by Cabinet Orders.
CHAPTER III Transitional Provisions following Readjustment of Laws concerned
(Validity of Elections, Votings, Procedures, etc. Prior to the Revision)
Article 28. Elections, requests of votings, or procedures, disposals or any other acts in connection with the same, which were made in accordance with the Agricultural Land Adjustment Law, the Fisheries Law, the Local Autonomy Law, the Law for Regulation of Political Contributions and Expenditures, or orders issued on the basis of these laws prior to their revision, shall be regarded as having been made in accordance with the corresponding provisions of these respective laws after their revision or orders issued on the basis thereof.
(Application of Former Provisions to Actions pending at the time of Enforcement of the Revised Laws)
Article 29. With regard to actions in accordance with provisions of the Law for Regulation of Political Contributions and Expenditures, the Local Autonomy Law, the Law of the Peoples Examination of the Supreme Court Justices, the Agricultural Land Adjustment Law, the Fisheries Law, or orders issued on the basis of these laws, prior to their revision, objections or appeals pending at the Election Administration Commissions or lawsuits pending in the Courts at the time of enforcement of this Law, shall still follow the former provisions, irrespective of the provisions of the preceding Article.
(Application of former Penal Provisions to Offenses committed prior to the Revision)
Article 30. The application of penal provisions to acts which were committed prior to the enforcement of this Law in contravention of the Law for Political Contributions and Expenditures or the pre-amendment Local Autonomy Law, the Law of the Peoples Examination of the Supreme Court Justices, the Agricultural Land Adjustment Law or the Fisheries Law prior to their revision, shall be as heretofore, irrespective of the provisions of Article 28.
2 The application of penal provisions to acts committed in relation to the election or voting provided for in Article 32 shall be as heretofore.
(Validity of Elections'Lists prepared under the Agricultural Land Adjustment Law and the Fisheries Law prior to the Revision)
Article 31. The electors'list for election of members of the City, Town or Village Farmland Committees prepared in accordance with the provisions of the pre-revision Agricultural Land Adjustment Law or the list of electors for election of members of the Sea Area Fisheries Adjustment Committees prepared in accordance with the pre-revision Fisheries Law, shall be regarded as having been prepared in accordance with these laws after their revision.
2 The elections'list for election of members of the City, Town or Village Farmland Committees mentioned in the preceding paragraph shall be effective until March 4, 1951.
(Exception of Elections or Votings notified prior to the Revision)
Article 32. The elections or votings the date of which had been notified in accordance with the provisions of the Agricultural Land Adjustment Law, the Fisheries Law or the Local Autonomy Law prior to their revision, shall still follow the former provisions.
(Exception to those who are Concurrent Members of Assemblies of More-than-two Local Public Bodies at the time of Enforcement of the Amended Law)
Article 33. The revised provisions of Article 92 paragraph 2 of the Local Autonomy Law provided for in Article 3 shall not apply to those who are concurrent members of assemblies of more-than-two local public bodies at the time of enforcement of this Law, only while in these posts.
(Commission of Transitional Provisions)
Article 34. Any special transitional measures to be required in consequence of the enforcement of the revised laws besides those provided for under Article 28 to the precedings Article inclusive, shall be prescribed by Cabinet Orders.
Supplementary Provision:
This Law shall come into force as from the day of enforcement of the Public Offices Election Law.
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
Minister of International Trade and Industry TAKASE Sotaro
Minister of Transportation OYA Shinzo
Minister of Communications OZAWA Saeki
Minister of Telecommunications OZAWA Saeki
Minister of Labor SUZUKI Masabumi
Minister of Construction MASUTANI Shuji
President of Economic Stabilization Board YOSHIDA Shigeru