I hereby promulgate the Law concerning the Temporary Exceptions to the Date of Elections, etc. of Assemblymen of Chiefs of Local Public Bodies.
Signed:HIROHITO, Seal of the Emperor
This first day of the second month of the twenty-sixth year of Showa (February 1, 1951)
Prime Minister YOSHIDA Shigeru
Law concerning the Temporary Exceptions to the Date of Elections, etc. of Assemplymen and Chiefs of Local Public Bodies
(Exceptions to the Date of Election of Assemblymen)
Article 1. The date of the common election due to expiration of the full term of membership of a local public body whose term of office is expected to expire during the period from the date of enforcement of this Law to April 30, 1951 shall be April 23, 1951 in case of assemblymen of cities, towns and villages (including special wards and whole-affairs-associations), April 30, 1951 in case of assemblymen of To, Do, Fu and prefectures irrespective of the provisions concerning the date of the common election due to expiration of the full term of assemblymen mentioned in Article 33 paragraph 1 of the Public Offices Election Law (Law No.100 of 1950).
2 A local public body which carries out the election under the provisions of the preceding paragraph shall not hold the re-election or by election of assemblymen of the local public body during the period as provided for by the same paragraph unless the number of the assemblymen does not become less than a half of the fixed number irrespective of the provisions of the proviso to Article 34 paragraph 2 of the Public Offices Election Law.
(Exception to the Date of Election of Chief)
Article 2. The date of the election of the successor of the chief of a local public body who is in office as of the date of enforcement of this Law and whose term of office is to expire during the period from the date of enforcement of this Law to April 30, 1951 shall be April 23, 1951 in case of mayor of city, town or village (including special wards and whole-affairs-associations), April 30, 1951 in case of governor irrespective of the provisions of Article 33 paragraph 1 of the Public Offices Election Law which prescribes concerning the date of election of chief due to expiration of the term of office and the provisions of Article 34 paragraph 1 of the same Law which prescribes concerning the date of election in case post of chief of local public body is vacated or chief has proposed resignation.
2 The provisions of the preceding paragraph shall not apply to the election of the successor of the chief of a local public-body who proposed resignation as of the date of enforcement of this Law.
(Simultaneous Election)
Article 3. The election mentioned in Article 1 paragraph 1 to be held by cities, towns and villages (including special wards and whole affairs-associations) and the election mentioned in paragraph 1 of the preceding Article to be held by cities, towns and villages (including special wards and whole-affairs-associations) shall be held simultaneously, and the election mentioned in Article 1 paragraph 1 to be held by To, Do, Fu and prefectures and the election mentioned in paragraph 1 of the preceding Article to be held by To, Do, Fu and prefectures shall be held simultaneously.
2 The election to be held under the provisions of the preceding paragraph shall be the election to be held simultaneously under the provisions of Article 119 paragraph 1 of the Public Offices Election Law.
(Prohibition of Double Candidacy)
Article 4. No person who can as a candidate for the election to be held under the provisions of Article 1 paragraph 1 or Artiele 2 paragraph 1 shall stand, even in the case where he does not fall under Article 87 paragraph 3 of the Public Offices Election Law, for the election to be held under the provisions of Article 1 paragraph or Article 2 paragraph 1 in the electoral district including the whole or part of the electoral district where the person concerned stood for.
2 Any person who can not stand for the election under the provision of the preceding paragraph shall be regarded as a person who cannot stand for the election under the provisions of Article 87 of the Public Offices Elections Law.
Supplementary Provisions:
(Date of Enforcement)
1. This Law shall come into force as from the day of its promulgation.
(Partial Amendments to the Public Offices Election Law)
2. The Public Offices Election Law shall be partially amended as follows:
Article 33 paragraph 4 shall be amended as follows:
4 When all members of an assembly of a local public body have ceased to exist before the day of expiration of the terms of their offices after the public notice was given of the date of the common election of assemblymen of a local public body due to expiration of the full term or post of chief of a local public body is vacated or chief has proposed resignation before the day of expiration of the term of office of chief after the public notice was given of the date of the election due to expiration of the full term, no further public notice of the election due to that reason shall be given. However, when an assembly of a local public body has been dissolved or chief has been discharged or lost this office according to a non-confidence vote before the day of election due to expiration of the full term, the public notice of the election due to expiration of the full term shall lose its validity.
The provisions of the proviso to Article 258 paragraph 1 shall be amended as follows:
However, when a common election due to expiration of the full term is held prior to the day of expiration of the terms of offices of assemblymen of a local public body, the new term shall be reckoned from the day following the day of expiration of the terms of office of the predecessors in case the predecessors have remained in office to the day of expiration of the term of office;and in case all members of the assembly have ceased to exist after the date of election, the new term shall be reckoned from the day following the day when all members ceased to exist.
The provisions of the proviso to Article 259 shall be amended as follows:
However, when the election due to expiration of the full term is held prior to the day of expiration of the term of office of chief of a local public body, the new term shall be reckoned from the day following the day of expiration of the term of office of the predecessors in case the predecessors have remained in office to the day of expiration of the term of office;and in case post of chief is vacated after the date of election, the new term shall be reckoned from the day following the day when post of chief is vacated.