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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Japan uses the mixed-system. In the Lower House (Shugiin), for the plurality system, Japan is divided into 289 single member districts and for the proportional representation system, it is divided into 11 blocks. In the Upper House (Sangiin), for the single non-transferable vote system, Japan is divided into 45 multi-member districts and for the propotional representation system, it is one nationwide district.
Source: Constitution, Art. 47:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html;
Public Offices Election Act, Art. 13 & 14:https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2021/09/17
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
a . The legislature (national/subnational)
Comments:
Source: Constitution, chapter 4.
Verified: 2003/06/30
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers d . Conformity with local jurisdiction boundaries
Comments:
Source: Public Offices Election Act, Art. 15 (7):https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Order for Enforcement of the Public Offices Election Act, Ch.2:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325CO0000000089#C
Verified: 2021/09/17
BD004
Question: If population is a criterion, which population figure is used?
Answer:
a . Total population
Comments: a) The figure is taken from the national census which is done every 10 years.
Source:
Verified: 2003/08/25
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber) b . Legislature (2nd chamber) d . Boundary Commission
Comments: For the lower house, the advise on the delimitation of constituencies made by the Boundary Commission must be accepted by the legislature. For the upper house, the boundary is based on the existing local jurisdiction boundaries.
Source: Constitution, Art. 47:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html;
Public Offices Election Act, Art. 13 & 14:https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Order for Enforcement of the Public Offices Election Act, Ch.2:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325CO0000000089#C
Act for Establishment of the Council on the House of Representative Electoral District;https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=406AC0000000003#16
IFES"Delimitation Equity Project Resource Guide":
https://ifes.org/sites/default/files/delimitations_manual_full_0.pdf
Verified: 2021/09/17
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
d . Changes in distribution of total population g . Changes in administrative boundaries j . National census k . Boundaries redrawn every____period of years
Comments: k) Boundaries redrawn every 10 years.
Source: Electoral Code, article 15 (paragraph 7).
Enforcement Ordinance on Electoral Code, chapter 2.
Verified: 2003/06/30
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
g . Inherited monarchy
Comments: The Emperor shall be the symbol of the State and the unity of the people, deriving his position from the will of the people with whom resides sovereign power. The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
Source: Constitution, Art. 1-2:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Verified: 2021/09/17
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet.
Source: Constitution, Art. 67:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Verified: 2021/09/17
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments:
Source: Constitution, Art. 1-2:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Verified: 2019/07/09
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors. Both Houses shall consist of elected members, representative of all the people.
Source: Constitution, Art. 42:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Verified: 2021/09/17
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
e . Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Comments: The electoral system is the combination of FPTP and PR. 289 out of 465 seats are elected through FPTP system while the other 176 are decided by PR with closed party lists. For PR system there are 11 districts and the magnitude of the districts varies from 6 to 28 according to the population size.
Source: Ministry of Internal Affairs and Communications: http://www.soumu.go.jp/senkyo/senkyo_s/naruhodo/naruhodo03.html
Constitution, Art. 43:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html;
Public Offices Election Act, Art.4:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2021/09/17
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
e . Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Comments:
Source: Electoral Code, article 4.
Verified: 2003/06/25
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
a . d'Hondt Formula
Comments:
Source: Electoral Code, article 95-2.
Verified: 2003/06/25
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level
Comments:
Source: Constitution, article 43.
Verified: 2003/06/25
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
a . National level
Comments:
Source: Constitution, article 43.
Verified: 2003/06/25
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source: Constitution, article 44.
Verified: 2003/06/25
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source: Constitution, article 44.
Verified: 2003/06/25
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
c . Not applicable
Comments: Combination of a. and b.
b. 2% of the valid votes.
Source: Electoral Code, article 95-2
Verified: 2003/07/14
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments: Combination of a. and b.
b. 2% of the valid votes.
Source: Electoral Code, article 95-2.
Verified: 2003/07/14
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
b . Specify the percentage:
Comments: More than one sixth of the valid votes.
Source: Electoral Code, article 95 (paragraph 1).
Verified: 2003/07/01
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
b . Specify the percentage:
Comments: 1. More than one sixth of the valid votes.
2. In the case that a constituency needs the plural seats, the number of valid votes is divided by the number of seats. One sixth of the result of this division will be the precentage required.
Source: Electoral Code, article 95 (paragraph 1).
Verified: 2003/07/01
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) b . Elections can be called at any time (specify by whom)
Comments: a) Elections are called every 4 years.
b) Elections can be called at any time by the Prime Minister.
Source: Constitution, article 45.
Verified: 2003/07/01
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length)
Comments: Elections must be called every 3 years in order to renew half of the members of the Chamber.
Source: Constitution, article 46.
Verified: 2003/07/14
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Electoral Code, article 40.
Verified: 2003/06/30
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Electoral Code, article 40.
Verified: 2003/06/30
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments: Public Offices Election Act/ Order for Enforcement of the Public Offices Election Act/ Ordinance for Enforcement of the Public Offices Election Act
Source: Constitution, Art. 47: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html;
Public Offices Election Act:https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
Source:
Verified: 2003/06/30
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments:
Source: Public Offices Election Act, Art 2-3:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: The Constitution of Japan indicates that 1) the people have the inalienable right to choose their public officials and to dismiss them. 2) All public officials are servants of the whole community and not of any group thereof. 3) Universal adult suffrage is guaranteed with regard to the election of public officials. 4) In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.
Suffrage is guaranteed, however it is not compulsory.
Source: Constitution, Art. 15:https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
a . National elections are not held on the same day as regional or local elections
Comments:
Source:
Verified: 2003/07/02
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments:
Source:
Verified: 2003/06/30
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: The citizens and the candidates can charge the Central Election Management Council in the High Courts.
Source: Public Offices Election Act, Art. 204 and 208:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2003/06/30
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties c . Voters
Comments:
Source: Electoral Code, articles 204 and 208.
Verified: 2003/06/30
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
Comments:
Source: Electoral Code, articles 204 and 208.
Verified: 2003/07/02
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
c . Government f . Other
Comments: f. The Diet.
Source: Constitution, article 47.
Verified: 2003/07/04
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments: Affairs concerning the election are the responsibility of the Central Election Management Council, which operates to administer elections only at the National level. At local level, local election administration commissions are in charge.
Source: Public Offices Election Act, Art. 5:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
EM003
Question: The national electoral management body reports to:
Answer(s):
f . Other
Comments: The electoral management body is an independent body.
Source: Electoral Code, article 5.
Verified: 2003/09/02
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department
Comments: Ministry of Internal Affairs and Communications.
(Central Election Management Council belongs to Ministry of Internal Affairs and Communications.)
Source: Public Offices Election Act, Art. 5-2 (16):
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Act for Establishment of the Ministry of Internal Affairs and Communications Act. Art.4:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=411AC0000000091#13
Act on Standards for Expenses of Diet Election and Other Election:https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC0000000179
Ministry of Internal Affairs and Communication: http://www.soumu.go.jp/senkyo/senkyo_s/naruhodo/naruhodo06.html
http://www.soumu.go.jp/english/soumu/io.html
Verified: 2019/07/09
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
d . A national government department
Comments: Ministry of Internal Affairs and Communications.
(Central Election Management Council belongs to Ministry of Internal Affairs and Communications.)
Source: Public Offices Election Act, Art. 5-2 (16):
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Act for Establishment of the Ministry of Internal Affairs and Communications Act. Art.4:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=411AC0000000091#13
Act on Standards for Expenses of Diet Election and Other Election:https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC0000000179
Ministry of Internal Affairs and Communication: http://www.soumu.go.jp/senkyo/senkyo_s/naruhodo/naruhodo06.html
http://www.soumu.go.jp/english/soumu/io.html
Verified: 2019/07/09
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The term of Central Election Management Council is 3 years.
Source: Public Offices Election Act, Art. 5-2 (9):
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#19
Verified: 2019/07/09
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
a . Elected (specify by whom)
Comments: The Chairperson is chosen from the members of the national electoral management body.
Source: Electoral Code, article 5-2 (Paragraph 12).
Verified: 2003/06/30
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
c . Mixed
Comments:
Source: Electoral Management Design: The International IDEA Handbook:
https://www.idea.int/sites/default/files/publications/electoral-management-design-2014.pdf
Verified: 2019/07/09
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Central Election Management Council has 5 members.
Source: Public Offices Election Act, Art. 5-2(1):
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: The members are appointed by the prime minister as designated by the Diet. They shall not be a member of the Diet. Also, there can not be more than three people who have the same political affiliation.
Source: Public Offices Election Act, Art.5-2(2)(3);
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
b . Head of Government e . Legislature
Comments: The members are appointed by the prime minister as designated by the Diet.
Source: Public Offices Election Act, Art.5-2(2)(3);
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body b . Regional Electoral Management Bodies c . Local/County Electoral Management Bodies d . National Government e . Regional Governments f . Local Governments
Comments:
Source: Public Offices Election Act, Art. 6, 31(3), 34(6):
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Order for the Enforcement of the Public Offices Election Act, Art. 132:https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325CO0000000089#C
Verified: 2019/07/09
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments:
Source: Public Offices Election Act, Art. 6 and 261(2):
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body c . Yes, conducted by the Regional Electoral Management Bodies d . Yes, conducted by the Local/County Electoral Management Bodies e . Yes, conducted by the Government
Comments: The law indicates that the minister of the Internal Affairs and Communications and EMBs both at national level and local level should inform voters about elections.
Source: Public Offices Election Act, Art. 6:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Ministry of Internal Affairs and Communications: http://www.soumu.go.jp/senkyo/senkyo_s/naruhodo/naruhodo09.html
Verified: 2019/07/09
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement f . Mail-outs g . Internet
Comments:
Source: Electoral Code, articles 6, 169 and 170.
Verified: 2003/06/30
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2003/06/30
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2003/06/30
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Public Offices Election Act, Art. 9:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence d . Naturalization
Comments: - Japanese citizens over 18
- 3 months residence
Source: Public Office Election Act, Art. 9 (2):
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration b . Previous Conviction d . Mental disability h . Other
Comments: h) A person who has been sentenced.
Source: Electoral Code, article 11.
Verified: 2003/07/02
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: Election Administration Commission (Municipality level)
Source: Public Offices Election Act, Art. 19 (2):
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments:
Source: Electoral Code, articles 19 and 22.
Verified: 2003/06/30
VR006
Question: How frequently is the voters register updated?
Answer:
c . Periodically (or before each election)
Comments: c) The voters register is updated 4 times a year and before each election.
Source: Electoral Code, articles 19 and 22.
Enforcement Ordinance on Electoral Code, articles 11 and 12.
Verified: 2003/07/02
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
c . Links for applications for government services
Comments: Local governments keep a residents register which states the addresses of residents.
Source: Electoral Code, article 21.
Verified: 2003/08/25
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments:
Source: Public Office Election Act, Art. 19 (1&2), 22:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
e . Minimum number of candidates f . Other
Comments: An organization which wishes to register as a political party needs to have 5 Diet members or 2% of the total votes in the last election.
Source: Public Offices Election Act, Art. 86, 86-2 and 86-3:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
e . Minimum number of candidates f . Other
Comments: e. 5 members
f. 2% of total seats.
Source:
Verified: 2003/07/04
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship
Comments: Minimum age: 25 years old for the Lower House, 30 years old for the Upper House.
The qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income.
Source: Constitution, Art. 44:
http://aceproject.org/ero-en/regions/asia/JP/SDOC2815.pdf/view;
Public Offices Election Act, Art. 10(1):
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Verified: 2019/07/09
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
a . Age b . Citizenship
Comments: Minimum age: 30 years old.
Source: Constitution, article 44 and Electoral Code, article 10.
Verified: 2003/07/02
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2003/06/30
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
e . Offences against electoral law k . Mental health problems
Comments:
Source: Electoral Code, articles 11 and 252.
Political Funds Control Law, article 28.
Verified: 2003/07/01
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments:
Source:
Verified: 2003/07/01
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1) d . In legislative elections (Chamber 2)
Comments:
Source: Public Offices Election Act, Art. 86 and 86-4:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Verified: 2019/07/09
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify)
Comments: a) Name, family records, date of birth, address and occupation.
b) If running under proportional representation, the party should pay JPY 6.000.000 per registered candidate.
Source: Electoral Code, articles 86 and 92.
Enforcement Ordinance on Electoral Code, article 88.
Verified: 2003/07/02
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify)
Comments: a) Name, family records, date of birth, address and occupation.
b) If running under proportional representation, the party should pay JPY 6.000.000 per registered candidate.
Source: Electoral Code, articles 86-4 and 92.
Enforcement Ordinance on Electoral Code, article 89.
Verified: 2003/07/02
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments:
Source:
Verified: 2003/07/01
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: According to the Political Party Subsidies Act, subsidies, which amount to 250 yen per capita are distributed among parties according to their number of Diet seats and their proportion of the total vote (Articles 7–8).
As indirect public funding, candidates or political parties can put an advertisement in newspapers free of charge (article 149). Also, candidates or political parties can express their political views, free of charge, over the radio and the television broadcast(article 150).
Source: Political Party Subsidies Act, Art. 3,4,7 and 8: https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=406AC0000000005#C;
Public Offices Election Act, Art. 149,150, 263 and 264:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100;
International IDEA Political Finance Database:
https://www.idea.int/data-tools/data/political-finance-database
Verified: 2019/07/09
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments:
Source: Party Grants Law, article 11.
Electoral Code, articles 261-2, 263 and 264.
Verified: 2003/07/01
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
a . Free media access c . Free state transportation d . Other
Comments: d. Posters/billboards, public meetings, mailouts, and cars for election campaigns.
Source: Electoral Code, articles 141-144, 149-151, 164, 176, 263 and 264.
Verified: 2003/07/04
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance b . Based on result of previous election c . Based on current legislative representation
Comments: Free public broadcast is available for all candidates.
Public subsidies are distributed to the parties in accordance with the number of the seats that each party has and the a party's vote share in the last election.
Source: Public Offices Election Act, Art. 149 and 150:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
Political Party Subsidies Act, Ch.3:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=406AC0000000005#C;
Verified: 2019/07/09
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments:
Source: Electoral Code, articles 261-2, 263 and 264.
Verified: 2003/07/01
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: For example, Political Funds Control Act Art. 21 defines that cooperations, unions or other organizations can donate money only to the political parties and the political fund management organizations.
Source: Political Funds Control Act:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=323AC1000000194#357
International IDEA Political Finance Database:
https://www.idea.int/data-tools/data/political-finance-database
Verified: 2019/07/09
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments: Parties can accept donations and there is no ceiling to the amount.
Independent candidates can only accept contributions between elections and must disclose them.
Source: Political Funds Control Law, article 21-2.
Verified: 2003/07/04
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received b . Public disclosure of party expenditure c . Prohibition on party funding from foreign sources h . Publication or public access to contribution and / or expenditure reports
Comments:
Source: Party Grants Law, chapter 4.
Political Funds Control Law, articles 12 and chapter 4 and 5.
Verified: 2003/07/01
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
a . Public disclosure of candidate contributions received b . Public disclosure of candidate expenditure c . Prohibition on candidate funding from foreign sources e . Ceilings on candidate election expenses h . Publication or public access to contribution and / or expenditure reports
Comments:
Source: Political Funds Control Law, chapter 4 and 5.
Verified: 2003/07/01
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
c . Government department d . Other
Comments: d) Regional Electoral Body for those not running under proportional representation.
Source: Political Funds Control Law, article 12 (paragraph 1).
Verified: 2003/07/02
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
c . Write-in ballot o . Ballots signed or otherwise authenticated by polling station official
Comments:
Source: Electoral Code, article 45 and 46.
Verified: 2009/11/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
c . Write-in ballot o . Ballots signed or otherwise authenticated by polling station official
Comments:
Source: Electoral Code, articles 45 and 46.
Verified: 2009/11/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments:
Source:
Verified: 2009/11/04
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments:
Source: Public Offices Election Act, Art 63:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#637
Verified: 2019/07/09
VC005
Question: What procedures are used in the initial count?
Answer(s):
a . Separate ballots for different elections d . Number of ballots in box reconciled against number of voters e . Number of ballots reconciled against ballots initially received (minus spoilt and unused) f . Each ballot paper held up for public scrutiny, with name of party/candidate called out loud j . Sorted into piles according to individual party/candidate k . Counted by machine l . Counted by hand o . Data fed into computer for calculation p . Copies of results of the count are publicly posted at the counting site immediately on the completion of the count q . Copies of results are provided to observers r . Observers and party agents are permitted to take their own copies of the results
Comments:
Source: Electoral Code, articles 66, 67 and 68.
Enforcement Ordinance on Electoral Code, articles 72 and 73.
Verified: 2009/11/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
d . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: To the local electoral management bodies.
Source: Electoral Code, article 66 (paragraph 3).
Enforcement Ordinance on Electoral Code, articles 75 and 76.
Verified: 2009/11/04
VC007
Question: At what levels are seats allocated?
Answer(s):
b . District level
Comments:
Source: Electoral Code, articles 4, 13 and 14.
Verified: 2009/11/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
a . Physically transported c . By fax g . Internet
Comments:
Source:
Verified: 2009/11/04
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
a . Ballots b . Unused and spoiled ballots c . Counterfoils of used ballots d . Voter rolls e . Tendered ballots f . Certificate of result
Comments:
Source: Electoral Code, article 70.
Enforcement Ordinance on Electoral Code, articles 74, 75 and 76.
Verified: 2009/11/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
d . Transported in boxes sealed with numbered seals e . Accompanied by election officials i . Accompanied by observers
Comments:
Source: Enforcement Ordinance on Electoral Code, article 76.
Verified: 2009/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request e . Court order
Comments: According to the Public Offices Election Act, the voters and candidates can appeal to the court when they have any objection to the electoral result.The court judges whether the result is valid or not. However, it does not mention recounting ballots. If candidates would like to request for a recount, they need to file a request to court for national elections or election councils for local elections.
Source: Public Offices Election Act, Art. 204, 206 and 208:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#1920
Verified: 2019/07/09
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2009/11/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
a . Political parties b . An individual candidate
Comments:
Source: Electoral Code, articles 204 and 208.
Verified: 2009/11/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
b . Regional Election Management body c . Local Election Management body
Comments: b) For those candidates under proportional representation system.
Source: Electoral Code, articles 204, 205 and 208.
Verified: 2009/11/04
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source:
Verified: 2009/11/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments:
Source: Electoral Code, 101, 101-2, 101-3.
Verified: 2009/11/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
b . days:
Comments: One or two days. The national management body has to announce the results as soon as it is possible.
Source:
Verified: 2009/11/04
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
b . Based on number of candidates put forward in present elections
Comments: Political parties and independent candidates have free access to TV and radio broadcast, and newspaper advertisements during the election campaign.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns";
Public Offices Election Act, Art.149, 150, and 151:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#1
Verified: 2019/07/09
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: The legal framework does not mention the debates but party representatives usually have opportunities of televised debates through mass media (TV) and the internet.
Source:
Verified: 2019/07/09
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
f . 10 or more days
Comments: The exact numbers of the poll cannot be announced during 12-17 days (for the Upper House election, it is 12 days and the Lower House election, it is 17 days), but media may announce the situation narratively. At municipal level elections, the period is shorter (5-9days).
Source: Public Offices Electoral Act, Art. 138-3:
https://aceproject.org/ero-en/regions/asia/JP/japan-public-offices-election-act-2016
Verified: 2019/07/09
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
a . Yes
Comments: There is no specific limitation on the paid advertising but the overall spending for an electoral campaign is limited.
Source: Public Offices Election Act, Art.194:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#1
Order for Enforcement of the Public Offices Election Act, Art.127:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325CO0000000089#1
Verified: 2019/07/09
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Constitution, ChapterIX, Art.96 "Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify."
Source: The Constitution of Japan, Art.47:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Act on Procedures for Amendment of the Constitution of Japan:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=422CO0000000135#1
Verified: 2019/07/10
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Constitution, ChIX, Art.96 "Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify."
Source: The Constitution of Japan, Art.47:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Verified: 2019/07/10
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008):https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/10
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008): https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/10
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008): https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/10
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008): https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/10
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional
Comments: Amendment of the Constitution is initiated by the Diet, concurring vote of two-thirds or more of all members of each house. It shall then be submitted to the people for ratification through special referendum
Source: The Constitution of Japan, art. 96
Verified: 2007/01/07
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2007/01/07
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2007/01/07
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2007/01/07
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2007/01/07
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2007/01/07
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2007/01/07
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source: Local Authority law, article 74 (1-4)
Local Authority law, article 13 (1-3)
Local Authority law, article 244-4 (1-6)
Verified: 2007/01/07
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/12/25
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source: Local Authority law, article 74 (1-4)
Local Authority law, article 13 (1-3)
Local Authority law, article 244-4 (1-6)
Verified: 2007/01/07
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2007/01/07
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2007/01/07
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source: Local Authority law, article 74 (1-4)
Local Authority law, article 13 (1-3)
Local Authority law, article 244-4 (1-6)
Verified: 2007/01/07
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/12/25
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source: Local Authority law, article 74 (1-4)
Local Authority law, article 13 (1-3)
Local Authority law, article 244-4 (1-6)
Verified: 2007/01/07
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
a . Constitutional amendments
Comments: C:ChIX:96 "Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify."
Source: Consitution of Japan, art. 96
Verified: 2006/12/25
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
k . None
Comments:
Source: Constitution of Japan
Verified: 2006/12/25
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
b . Adoption of international treaties c . Transfer of authority to international bodies d . National sovereignty, national self-determination e . Conflict between constitutional organs f . Devolution g . Civil service h . Taxes and public expenditure commitments i . Other public policy issues j . Other (specify)
Comments: j) Only constitutional amendments can be subject of referendums.
C:ChIX:96 "Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify."
Source: Constitution of Japan, art. 96
Verified: 2007/01/07
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
d . Legislative majority
Comments:
Source:
Verified: 2007/01/07
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments:
Source: The Constitution of Japan, art. 96
Verified: 2007/01/07
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
a . Always
Comments: If amendment has been ratified by people via referendum it shall be promulgated by emperor in the name of people.
Source: The Constitution of Japan, art. 96
Verified: 2007/01/07
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/12/25
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/12/25
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/12/25
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/12/25
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2007/01/07
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
a . A number of individuals
Comments: This applies only to citizen's initiatives at a sub-national level.
One-fifth or more persons with the right to vote in election (electorate) in that province/city.
People can demending enactment, amendment or abolition of a bylaw (not relating to the levy or collection of local tax or the collection of assesments, charge or fee)
Source: Local Autonomy Law, article 74 (1)
Verified: 2007/01/07
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
a . Proponents of the initiative
Comments: Not specifically regulated but the initiative itself (petition) is given directly to the chief executive. After that, the petition together with his/her opinion is given to the assembly for the result.
Source: Local Authority Law, article 74 (1)
Verified: 2007/01/07
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified: 2007/01/07
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
b . Independent electoral commission
Comments: Election Administration Commission of each ordinary local public body
Source: Local Autonomy Law, article 74 (4)
Verified: 2007/01/07
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
e . Registered electors
Comments:
Source: Local Autonomy Law, article 74 (1)
Verified: 2007/01/07
DD063
Question: Who decides the final ballot text?
Answer(s):
c . Legislature
Comments:
Source: Local Autonomy Law, article 74 (3)
Verified: 2007/01/07
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
c . Other (specify)
Comments: c) Not specifically regulated but usualy as soon as all instrument of citizen's initiative is complete. In Japan, it is called a popular referendum.
Source: Local Autonomy Law, article 74 (1-4).
National report of Japan,
http://www1.kcn.ne.jp/~imashu/n-report.htm
Verified: 2007/01/07
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
e . Members of provincial / local legislature bodies f . Governors, Mayors or equivalent g . Other provincial/local level elected executive positions h . Provincial/local level appointed executive positions
Comments:
Source: Local Autonomy Law, article 13 (1-3)
Local Autonomy Law, article 244-4 (1-6)
Verified: 2007/01/07
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: The Constitution of Japan, ChIX, Art.96
"...Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution."
Source: The Constitution of Japan, Ch IX, Art.96:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Verified: 2019/07/10
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
a . Constitutional changes only
Comments: Constitution, ChIX, Art.96 "Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify."
Source: Direct Democracy: The International IDEA Handbook (2008) https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
The Constitution of Japan, Ch IX, Art.96:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Verified: 2019/07/10
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Constitution Article 95. A special law, applicable only to one local public entity, cannot be enacted by the Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.
Recalls are also done through plebiscite.
Source: Direct Democracy: The International IDEA Handbook (2008): https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Constitution Art.95: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Local Autonomy Act Art.261: https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=322AC0000000067#1
Ministry of Internal Affairs and Communication: http://www.soumu.go.jp/senkyo/senkyo_s/naruhodo/naruhodo06.html
Verified: 2019/07/10
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections f . By mail
Comments: f) Limited to the disabled and for those residing abroad.
Source: Public Offices Election Act, Art.39, 44 and 49:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#1
Verified: 2016/06/07
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country d . Members of the armed forces e . Students f . Diplomatic staff g . Other
Comments:
Source: Public Offices Election Act, Art.49:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#1
Verified: 2019/07/10
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates c . Special polling stations e . By mail
Comments: e) Only for those who are unable to reach the consulate.
Source: Public Offices Election Act, Art.49:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#1
Verified: 2019/07/10
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Manually writing the name of the candidates/political parties (either hand writing or braille)
Source: Public Offices Election Act, Art.46:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100#1
Verified: 2019/07/10
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