Constitutional Imperialism in Japan/Appendix 5

Article I.—The Members of the House of Representatives shall be elected in each of the Flection Districts. The Election Districts, and the number of Members to be elected in each district, are set forth in the Appendix of the present Law.

Article II.—The Voting Districts shall be determined according to the limits of Shi (Cities), Cho (Towns), and Son (Villages). In accordance with the provisions of the Imperial Ordinance, a city, town or village possessing peculiar circumstances may establish not ​less than two voting districts, or may establish one voting district for several towns or villages. When the provisions of the present Law are not applicable to the voting mentioned in the preceding clause, special provisions may be enacted by Imperial Ordinance.

Article III.—A Union of several Towns or several Villages, or of Towns and Villages administering in common the affairs of such Towns and Villages, shall be regarded as one Town or Village, and the administrators of the Union shall be regarded as the Heads of the Town or Village.

Article IV.—The Mayor of a City or the Head of a Town or Village shall take charge of the voting in the capacity of Voting Overseer.

Article V.—The Counting Districts shall be in conformity with the limits of a Gun (Rural District) or City. The Head of the Gun or the Mayor shall take charge of counting affairs in the capacity of Counting Overseer.

Article VI.—The Governor of a Local Administration Office shall supervise the election affairs in the capacity of Chairman of Election.

Article VII.—Even when an alteration takes place in an election district in consequence of one in the administration arrangement, the member or members actually sitting for such district shall retain their seats.

Article VIII.—Any person possessing the following qualifications shall enjoy the franchise.

1. He must be a male Japanese subject and be not less than full twenty-five years of age.
2. He must have had his permanent residence in the election district for not less than one year previous to the date of the drawing-up of the electoral list.
3. He must have been paying in the electoral district, land tax to the amount of not less than ten yen for not less than one year, and previous to the date of the making out of the electoral list, or other direct national taxes exclusive of land tax of not less than ten yen in the aggregate, or land tax and other direct national taxes combined of not less than ten yen, for not less than two years; and must be still paying the same.

​In the case of a person that has acquired property by succeeding to an estate, the amount of taxes paid on the estate by his predecessor shall be regarded as taxes paid by him.

Article IX.—In the qualifications mentioned in the preceding article, those that depend on time shall not be affected by any alteration of the administrative jurisdiction of the places of abode of the persons concerned.

Article X.—A male Japanese subject who is not less than full thirty years of age shall be eligible for election.

Article XI.—The following persons shall not enjoy the franchise or be eligible for election:—

1. Those who have been declared incompetent or quasi-incompetent.
2. Those who have been declared bankrupt and have not yet fulfilled their obligations, or those who have been declared to be in process of liquidation or to be insolvent and who have not yet been definitely rehabilitated.
3. Those who have been deprived of civic rights or whose civic rights are suspended.
4. [Those who have been sentenced to simple confinement or to a graver punishment and whose cases are sub judice.]^[2]

Article XII.—The pater-familias of noble families shall not possess the franchise or he eligible for election. The same rule applies to men in the Army or in the Navy who are on active service or who have been summoned in time of war or of emergency; also to students of Government, communal and private educational institutions.

Article XIII.—Shinto priests and ministers, priests and teachers of religion of all kinds, teachers of elementary schools shall be ineligible. This rule applies to those who have not yet passed three months after they have resigned their respective offices.

Those who undertake Government work under contract or those who are officers of juridical persons undertaking Government work under contract shall be ineligible.^[3]

Article XIV.—The officers and officials engaged in the management of an election shall not be eligible within the limits of the ​jurisdiction of their respective offices. This rule applies to those who have not yet passed three months after they have resigned their respective offices.

Article XV.—Officials in the Imperial Household Department, Officials of Justice, Chiefs and Judges of the Administrative Litigation Court, Auditors, Revenue Officials and Police Officials shall not be eligible.

Article XVI.—Officials other than those enumerated in the preceding article may, so long as their official functions are not thereby interfered with, serve as members, retaining their official position.

Article XVII.—A member of a Fu or Ken Assembly may not combine his office with membership in the House of Representatives.

Article XVIII.—The Chocho (Head of Town) and the Soncho (Head of Village) shall make every year according to the existing state of things on the 1st of October a list of all the qualified persons residing in the Cho and the Son, and shall make out two copies of the electoral list and forward them to the Guncho (Head of Rural District) before the 15th of the month.

The Guncho shall inspect the lists forwarded to him by the Chocho and Soncho and shall return the duplicates to the respective Chocho and Soncho before the 31st of October, after making any correction that it is judged necessary.

The Shicho (Mayor) shall make every year, according to the existing state of things on the 1st of October, a list of all the qualified persons residing in the city and shall make out an electoral list before the 31st of the same month.

In the electoral list shall be entered the name, official rank, profession, class, residence, date of birth of each voter, and the total amount of taxes paid by him and the place in which such taxes are paid.

Article XIX.—When an elector is paying direct national taxes without the limits of the Shi, Cho or Sen in which he is residing, he shall obtain in accordance with the prescribed process a certificate to that effect, and shall forward it before the 5th of October to the Shicho, Chocho, or Soncho of the place where he is residing. In case the said certificate is not forwarded by the prescribed time, the said taxes shall not be counted in the electoral list.

Article XX.—The Guncho, Shicho, Chocho, or Soncho shall, at ​their respective offices or at places approved by their respective local Governors, exhibit for public inspection the electoral list, during fifteen days commencing from the 5th of November.

Article XXI.—When an elector discovers an omission or the wrong registration of a name in the list, he may claim that a correction be made by giving to the Guncho or the Shicho written notice and his reasons therefor, together with corroborative evidence.

Article XXII.—When for a justifiable reason an elector cannot follow the process mentioned in Article XIX and his name has not been registered in the list, the provisions in the preceding Article shall apply.

Article XXIII.—After the expiration of the period for public inspection, a claim set forth in the preceding two articles may not be made.

Article XXIV.—Upon the receipt of a notice set forth in Article XXI and Article XXII, the Guncho or Shicho shall examine the reasons alleged and the evidence adduced, and shall give his decision within twenty days from the receipt of such notice. When he decides that the notice is relevant, he shall immediately register the name omitted and communicate to that effect with the person who has given the notice and to the ether persons concerned, at the same time publishing the main points of the case in the election districts. When the notice is decided to be irrelevant, a communication to that effect shall be made to the person who has given the notice.

When the registration has been corrected, the Guncho shall communicate the circumstances to the Chocho or Soncho of the place in which the person in question is residing.

Article XXV.—When either the person who has given the notice or other persons concerned are not satisfied with the decision of the Guncho or Shicho made in conformity with the foregoing article, they may, within seven days from the day on which the said decision was given, institute against the Guncho or Shicho a suit in a Local Court.

No appeal is allowed to Appellate Courts against the judgment of the Local Court mentioned in the preceding clause, but it is permissible to bring an appeal to the Court of Cassation for revision.

Article XXVI.—The Chocho or the Soncho shall forward to the Guncho between the 20th of November and the 10th of December the electoral list placed under his management.

​The Guncho shall examine the list forwarded to him in conformity with the preceding clause and shall send it back by the 20th of December to the Chocho or the Soncho after making the necessary correction whenever there is any part to be corrected in the List.

Article XXVII.—The electoral list shall be settled on the 20th of December, and the list shall be kept till the day on which the electoral list for the next year is settled. When, however, any correction is to be made in the list in pursuance of the judgment of a Court of Law, the Guncho or the Shicho shall at once make the said correction and shall publish the fact.

When the list has been corrected in conformity with the preceding clause, the Guncho shall communicate the circumstances to the Chocho or Soncho of the place where the person concerned is residing, and shall cause the duplicate copy to be corrected accordingly.

A new electoral list shall be compiled whenever a natural calamity or any other unavoidable circumstance may require it.

The compilation of the electoral list according to the foregoing clause and the date and also the date and duration for placing the list for public inspection and for settling it shall be determined by order.

Article XXVIII.—The date of a general election shall be determined by Imperial Ordinance and shall be proclaimed at least thirty days beforehand.

Article XXIX.—Election shall be done by voting.

In voting one elector shall vote for one person only.

Article XXX.—The voting place shall be opened in a City or a Town or a Village Office or in some other place appointed by the yoting overseer with the approval of the local Governor.

Article XXXI.—A voting overseer shall proclaim to the voting district at least five days previous to the date of election the locality of the voting place placed under his management.

Article XXXII.—The Guncho or the Shicho shall nominate not less than three and not more than five voting witnesses from among the electors of the voting district under his management, and the notice of the nomination shall be sent to the persons nominated at least three days previous to the day of election, requesting them to attend the voting place on that day.

​The witnesses can not decline their nomination without proper reasons.

Article XXXIII.—The voting place shall be opened at 7 o’clock a.m. and be closed at 6 o’clock p.m.

Article XXXIV.—On the day of election, electors shall come in person to the voting place and vote, after identifying themselves as the persons whose names are in the electoral list and after affixing their seals to it.

In case a voting overseer cannot identify a person who is about to vote, he shall require him to declare on oath his proper identity. When this declaration is not made, such person shall not be allowed to vote.

Article XXXV.—The ballots shall be given to each elector at the voting place on the day of voting.

Article XXXVI.—Every elector shall, at the voting place, himself inscribe upon the ballot the name of the person he wishes to vote for, and shall put the paper into the ballot-box.

An elector must not write his name on the ballot.

Article XXXVII.—No person, other than those entered in the electoral list, shall be capable of voting. Should, however, any one come to the voting place on the day of election, bringing with him a writ of decision entitling him to have his name entered on the electoral list, the voting overseer shall allow him to vote.

Article XXXVIII.—Whenever a person entered in the electoral list does not possess the right of election, such person cannot vote.

The foregoing clause applies to those persons who cannot themselves write the names of the persons they wish to vote for.

Article XXXIX.—The voting overseer shall, on consulting the voting witnesses, decide whether or not to allow the voting.

In case an elector of a Cho or Son on whom the decision mentioned in the foregoing clause has been made is dissatisfied with it, the voting overseer shall provisionally allow him to vote.

For a vote mentioned in the foregoing clause the elector shall be made to put it in an envelope and to seal it and to place it in the ballot-box after superscribing his own name on the envelope.

For an elector of a Cho or Son objected to by any of the persons mentioned in clause 1 of this article, the provisions of clause 2 of this article shall apply.

Article XL.—When the time for closing the polls arrives, the ​voting overseer shall declare the fact and close the entrance of the voting place; and shall close the ballot-box as soon as the electors present in the voting place have finished voting. After the shutting of the ballot-box, no voting shall be allowed.

Article XLI.—The voting overseer shall keep minutes of the voting, in which are to be entered all matters relating to the voting and to which he shall put his signature as shall also the witnesses.

Article XLII.—In the case of a Cho or Son the voting overseer shall, in company with one or more witnesses, send, not later than the day following that of election, the ballot-box, the minutes of the voting and the electoral list to the counting overseer.

Article XLIII.—In the case of an island or other place whence it is impossible, owing to imperfect means of communication, to send the ballot box within the time mentioned in the preceding article, the local Governor may fix a convenient date for voting and cause the ballot-box, minutes of the voting, and the electoral list to be sent by the time of counting the votes.

Article XLIV.—When owing to natural calamity or other unavoidable circumstances it is found to be impossible to carry out the voting or it is necessary to take a new vote, the voting overseer shall give notice to that effect to the Chairman of Election. In such case the Chairman of Election shall cause the voting to be carried out by fixing a new date. The date, however, shall be proclaimed in the voting district at least five days beforehand.

Article XLV.—In the case where two or more members are to be elected simultaneously in one and the same electoral district, the provisions of Article XXIX and XXXVI shall be applied irrespective of the nature of the election.

Article XLVI.—No person is under obligation to state the name of a person voted for to any person.

Article XLVII.—The voting overseer shall maintain order at the voting place and may, in case of necessity, ask the interference of police officials.

Article XLVIII.—With the exception of the electors, persons attending to the business of the voting place, officials who are authorized to oversee the voting place and police officials, no person is allowed to enter the voting place.

​Article XLIX.—When at the voting place any person makes speeches, engages in discussion or causes an uproar, or holds a conference or uses persuasion as to voting, or otherwise disturbs the order of the voting place, the voting overseer shall caution him, and, if the caution is disregarded, shall cause him to leave the voting place.

Article L.—A person who has been compelled to leave a voting place in accordance with the foregoing article, may be allowed to vote at the end of the voting; but this rule may not be adhered to when the voting place has been closed.

Article LI.—Subject to the approval of a Gun or Shi Office or of the local Governor, a counting office shall be established at a place appointed by the counting overseer.

Article LII.—The counting-overseer shall proclaim the counting-office beforehand.

Article LIII.—The local Governor shall nominate in each counting district not less than three and not more than seven counting witnesses from among the electors in the district, and shall cause them to attend the counting. However the voting witnesses may act as counting witnesses in a Shi.

A counting witness may not resign his nomination without proper causes.

Article LIV.—The counting-overseer shall open in the presence of the witnesses the ballot-box on the day following that of its arrival in the case of a Gun, and on the day following that of election in the case of a Shi, and shall count the total number of ballots and that of voters.

Article LV.—When the counting mentioned in the preceding article has been finished, the counting-overseer shall next examine the votes coming under clause 2 and clause 4 of Article XXXIX and shall decide as to their acceptability on consulting the opinion of the counting witnesses.

The counting-overseer shall mix the ballots of the various voting places and shall sort the ballots.

Article LVI.—The electors are entitled to request to be permitted to inspect the counting at the respective offices.

Article LVII.—The validity of ballots shall be decided by the counting-overseer on consulting the opinion of the counting witnesses.

​Article LVIII.—The following ballots shall be void:—

1. Those for which a regular ballot has not been used.
2. Those on which the names of two or more persons voted for are entered.
3. Those on which the names of a person voted for can not be deciphered.
4. Those on which the name of a person who has no qualification for election is inscribed.
5. Those on which words other than the name of the person voted for are written. This rule does not apply to those on which the official rank, profession, class, residence or honorifics are entered.

Article LIX.—Ballots shall be sorted into those that are valid and those that are void and shall be preserved by the respective counting-overseers during the tenure of office of the members.

Article LX.—The counting-overseer shall keep minutes of counting, in which shall be recorded all matters relating to the counting, and shall, after affixing his signature and those of the counting witnesses, preserve them together with the voting minutes during the tenure of office of the members.

Article LXI.—When the examination of ballots has been finished the counting-overseer shall at once report the result to the Chairman of Election.

Article LXII.—The provisions of Article XLIV shall, with the exception of the proviso, be applied correspondingly to counting.

Article LXIII.—For the control of counting offices the provisions of Chapter V shall be applied correspondingly.

Article LXIV.—The election meeting shall be held at the place and on the date appointed by the Chairman of Election, to examine the returns mentioned in Article LXI.

When the counting returns mentioned in Article LXI have been received in the case where a new election has been held owing to the invalidation of a portion of the election, the Chairman of Election shall summon an election meeting and shalt examine anew the said returns together with those forwarded by the other counting-overseers.

Article LXV.—The Chairman of Election shall previously proclaim the place and date of the election meeting.

​Article LXVI.—The Chairman of Election shall nominate from among the electors of the different election districts not less than three and not more than seven election witnesses and shall summon them to attend the election meeting on the day when it is held, by giving notice of the day of the meeting to the said witnesses at least three days beforehand.

An election witness cannot resign the nomination without proper reasons.

Article LXVII.—The Chairman of Election shall keep minutes of the election, in which shall be recorded all matters relating to the election meeting, and shall preserve them together with the returns mentioned in Article LXI, during the tenure of office of the members, after affixing his signature and those of the witnesses.

Article LXVIII.—The electors may request admission to the election meeting of their respective election districts.

Article LXIX.—For the control of the place of the election meeting the provisions of Chapter V shall be applied.

Article LXX.—The individual who has obtained a relative majority of the total number of valid ballots shall be declared the elected person. However the number of ballots obtained shall not be less than one-fifth of that obtained by dividing the total number of the electors entered in the electoral list by the fixed number of members to be returned from the district.

When an elected person mentioned in the preceding clause either declines the election or dies previous to the issue of the notice of election; or when his election has been invalidated in consequence of his having been punished for an offence committed in connection with the election either before or after the issue of the notice of election; or when the election has been invalidated by his having been disqualified for election, the vacancy shall be filled from among those who obtained ballots as mentioned in the preceding clause but who were not declared elected, the selection to be made according to the relative majority of ballots obtained.

Besides the cases mentioned in the preceding clause, when it is found necessary according to the issue of a suit either about election or about returns, the elected person shall be decided anew according to the precedents mentioned in the present Article.

The provisions of Article VII shall also be applied to cases coming under the preceding two clauses.

​In deciding an elected person according to the present article, when the number of ballots is equal, the individual who is the senior in point of birth shall be elected, and when they are both of the same age, it shall be decided by drawing lots.

Article LXXI.—When the elected person has been decided, the Chairman of Election shall at once communicate the fact to the person concerned.

Article LXXII.—Upon the receipt of notice of election, mentioned in the preceding article, every elected person shall communicate to the Chairman of Election whether he accepts or not.

One and the same person cannot accept the election of several different election districts.

Article LXXIII.—Those elected persons shall be considered to have declined their election who have not made the communication of acceptance within twenty days from the day on which they received notice of election.

Article LXXIV.—In case there is no elected person, the local Governor shall fix the date and shall carry out a new election, proclaiming previously the date therefor.

In case the number of persons elected does not come up to the required number, the local Governor shall, in conformity with the precedent mentioned in the preceding article, cause an election to be held to fill up the deficiency in the number.

The rules of the preceding two clauses shall also apply when an elected person is lacking for a cause coming under clauses 2 and 3 of Article LXX.

An election mentioned in the present article may not be held during the period allowed for filing a suit mentioned in Articles LXXX and LXXXII, or till the settlement of judgment in a case where a suit has been filed.

Article LXXV.—When an elected person has accepted his election, the local Governor shall at once give him a certificate of election, and publish his name throughout the extent of his jurisdiction, at the same time reporting thereon to the Minister of State for Home affairs.

Article LXXVI.—When owing to a suit either about election or about returns, either the one or the other has been invalidated; or when after the issue of a certificate of election the election has been invalidated as a result of punishment for an offence committed ​relative to election, the local Governor shall cancel the certificate of election and shall publish the fact throughout the extent of his jurisdiction.

Article LXXVII.—The term of membership shall be four years from the date of a general election. Even when the term expires during a sitting of the Imperial Diet, the members shall remain on duty till the close of the session.

Article LXXVIII.—When a vacancy occurs among Members within one year from the date of a general election, such case shall be dealt with in conformity with the precedents mentioned in Article LXX.

When in a case mentioned in the preceding article there is no elected person, or when a vacancy occurs among Members after the expiration of one year from the date of a general election, the local Governor shall, in accordance with the order of the Minister of State for Home Affairs, carry out a substitutional election within twenty days from the day on which he received the said order.

The date of a substitutional election mentioned in the preceding clause shall be notified beforehand by the local Governor.

Article LXXIX.—A member elected by substitutional election shall remain on duty during the remainder of the term of his predecessor.

Article LXXX.—An elector who entertains an objection to the validity of the election may institute a suit against the Chairman of Election in a Court of Appeal within thirty days from, the day of the election.

Those who are dissatisfied with the judgment of the said Court may make an appeal to the Court of Cassation for revision.

Article LXXXI.—When the provisions for election are violated, the Court of Law shall declare the election void either in toto or in part, only in case such violation is fudged liable to affect the issue of returns.

In regard to a law suit about returns, when the election is judged to come under the foregoing clause, the Court of Law shall also declare the election void either in toto or in part.

Article LXXXII.—When a person who has lost an election ​questions the validity of the election of the elected person in the election district, he may institute a suit in a Court of Appeal against the elected person, within thirty days from the day of the notification of the name of the elected person as mentioned in Article LXXV. However, when a law suit is instituted on the ground that the requirement provided in the proviso of clause 1, Article LXX has been acquired, such suit shall be made against the Chairman of Election, and shall be instituted within thirty days from the day of notification mentioned in Article LXXIV.

Those who are dissatisfied with the judgment of the Court of Appeal mentioned in the preceding clause may bring an appeal to the Court of Cassation for revision.

Article LXXXIII.—In trying a suit about election or about returns a Court shall require the Public Procurator to attend the proceedings.

Article LXXXIV.—When a suit about an election or about returns has been decided in a Court, a copy of the judgment shall be sent to the Minister of State for Home Affairs; and when the Imperial Diet is in session, another copy shall be sent to the President of the House of Representatives.

Article LXXXV.—The plaintiff shall, simultaneously with the filing of his petition, deposit as security in the Court three hundred yen in cash or Public Bonds of equal value.

In case the judgment has been given against the plaintiff, should he fail to pay the whole amount of the legal costs within seven days from the day on which the judgment was settled, the security money shall be appropriated for the purpose, and should there still remain any deficiency, the required amount shall be charged to the plaintiff.

Article LXXXVI.—Any person, who has effected by fraudulent process the insertion of his name in the electoral list, or who has made a false declaration in the case of clause 2, Article XXXIV, shall be liable to a fine of not less than ten yen and of not more than fifty yen.

Article LXXXVII.—Any person, who has committed whether prior or subsequent to the election an act coming under any of the following items, shall be sentenced to minor confinement without hard labor for not less than one month and not more than one year, or to pay a fine of not less than ten yen and not more than one hundred yen:—

​

1. When in connection with an election, money, goods, notes or other presents, or public or private employment have been given, either directly or indirectly, to an elector or to a canvasser, or when promised to be given; or when persuasion has been used either to accept the said articles or benefit or to accept the promise of giving them, or when the said articles or benefit have been accepted or their acceptance has been promised.
2. When in connection with an election persons have been entertained with liquors or food or with amusements, under whatever pretexts or in whatever forms, or when such entertainment has been enjoyed; or when ships, vehicles, or horses have been furnished for conveying persons to or from a place of election meeting or place for counting ballots or voting place, or when such facilities of conveyance have been accepted; or when traveling expenses or expenses incurred in lodging or in taking rest have been paid for other persons or when persons have got such expenses paid for them by others; or when promise has been given to persons to make such payment for them or when such promise has been accepted from others.
3. When, in connection with an election, irrigation, tenancy, credit, contribution and other matters of interest relating to an elector or to a shrine, temple, school, company, guild or a civic corporation related to an elector have been taken advantage of in persuading an elector; or when an elector has complied with persuasion of this kind.

In any case mentioned in the preceding clauses, the articles received shall be confiscated and those already spent shall have their value collected.

Article LXXXVIII.—Those who come under any of the following items shall be sentenced to miner confinement without hard labor for not less than two months and not more than two years, with a fine of not less than five yen and not more than one hundred yen.

1. When, in connection with an election, an elector is subjected to an act of violence or to intimidation, or when he is abducted.
2. When the convenience of passage of an elector is obstructed, or when, by fraudulent means, either the exercise of the right of election is interfered with or an elector is caused to vote. ​
3. When, in connection with an election, irrigation, tenancy, credit or other matters of interest relating to an elector or to a shrine, temple, school, company, guild or a civic corporation related to an elector have been taken advantage of as means of persecuting an elector.

Article LXXXIX.—When a Government official, employee, witness or overseer connected with election business has shown to persons the names of persons voted for by electors, he shall be sentenced to miner confinement without hard labor for not less than two months and not more than two years, with a fine of not less than five yen and of not more than one hundred yen. This rule applies even when the facts shown are incorrect.

Article XC.—When, without any justifiable cause, any person has either at a voting place or a counting place, interfered with the voting of an elector or has put into practice any device calculated to get the knowledge of the name of a person voted for, he shall be sentenced to minor confinement without hard labor for not less than one month and not more than one year, or to pay a fine of not less than ten yen and not more than one hundred yen.

The foregoing clause shall apply to a person who, without following the provisions of the laws and regulations, has opened a ballot-box or has taken out ballots from a ballot-box.

Article XCI.—Whoever has done violence to a voting overseer, counting overseer, Chairman of Election, witnesses, or election overseer, or has disturbed a place of election meeting, a counting place or a voting place; or detains, damages, or plunders ballots or ballot-boxes, shall be sentenced to minor confinement without hard labor for not less than four months and not more than four years.

Whoever has committed an offence mentioned in the preceding clause by assembling a crowd for the purpose, shall be liable to be sentenced to imprisonment with hard labor; whoever has knowingly joined such a crowd to add to its influence, shall be liable to minor confinement without hard labor for not less than one month and not more than five years.

Article XCII.—Whoever has assembled a crowd for the purpose of intimidating an elector, a person who has offered himself for election, or his canvasser; or of disturbing a place of election meeting, a counting place, or a voting place; or of detaining, damaging, or plundering the ballots, ballot-boxes or other documents relating to the election, shall be liable to be sentenced to hard confinement ​without hard labor for not less than six months and not more than three years. Whoever has knowingly joined such a crowd to add to its influence shall be liable to minor confinement without hard labor for not less than fifteen days and not more than three months.

When the offender has carried any of the articles mentioned in Article XCIII, one degree shall be added to the principal punishment.

Article XCIII.—When an elector, a person who has offered himself for election, or a canvasser carries, in connection with election, fire-arms, spear or halberd, sword or dagger, pointed bamboo, bludgeon, or other weapons capable of killing or injuring persons, he shall be liable to minor confinement without hard labor for not less than two years or to a fine of not less than five yen and of not more than two hundred yen.

A police official or gendarme may, whenever it is judged necessary, seize any of the articles mentioned in the foregoing clause.

Article XCIV.—Whoever enters a place of election meeting, counting place, or voting place carrying any of the articles mentioned in the preceding article shall be liable to be dealt with according to the provisions of the foregoing article, with one degree added to the punishment.

Article XCV.—Whoever, for the purpose of making a display in connection with an election, assemblies a crowd, causes a procession to parade, or makes use of fire-works, bonfires or torch-lights; or beats a bell or drum or sounds a conch or bugle; or makes use of a flag or a similar object of display; or commits similar acts disregarding the warning of police officials, shall be liable to minor confinement for not less than fifteen days and not more than six months, or to a fine of not less than five yen and not more than one hundred yen.

Article XCVI.—Whoever, with the object of making other percommit any of the acts mentioned in Articles LXXXIX to XCV, instigates them by means of speeches, newspapers, magazines, circulars, placards or in any other form, shall be liable to be dealt with according to the provisions of the respective Articles. In the case of a newspaper or a magazine the person registered as editor shall be dealt with.

Article XCVII.—Whoever, with the object of preventing the election of another person, has published false information against a person who has offered himself for election, by means of speeches, newspapers, magazines, circulars, placards or by any other means ​whatever, shall be liable to minor confinement for not less than six months, with a fine of not less than fifty yen. The proviso of the preceding article shall apply to a newspaper or a magazine.

Article XCVIII.—Any person who has voted without being an elector himself, or who has voted by fraudulently assuming the name of another person, shall be liable to minor confinement without hard labor for not less than one month and not more than two years, with a fine not less than ten yen and not more than one hundred yen.

Article XCIX.—Should a witness fail to discharge any of the duties mentioned in the present Law without any justifiable reason, he shall be punished with a fine of not less than five yen and of not more than fifty yen.

Article C.—In case any of the offences mentioned in Clause II, Article XCII, Articles XCIII and XCIV have been committed, the article found on the person of an offender shall be confiscated.

Article CI.—Should an elected person have been punished for committing an offence in connection with his election, his election shall be void.

Article CII.—Any person who has been punished for an offence committed in connection with an election, shall be forbidden to exercise the right to vote and to be elected for a period of time not less than two years and not more than eight years from the expiration of the term of the punishment as determined by declaration of the Court of Law.

Article CIII.—For an offence punishable according to the present Law six months shall be considered as the term of prescription.

Article CIV.—Expenses relating to an election shall be fixed by Imperial Ordinance.

Article CV.—With regard to a law suit connected with an election, the Court of Law shall at once give trial irrespective of the order of filing of other suits.

Article CVI.—In Towns and Villages where the Law for the Organization of Towns and Villages is not in force, the functions of the Chocho or the Sancho mentioned in the present Law shall be taken charge of by the Kocho (Headman) or an official corresponding in his function to the Kocho.

In localities where a Toshi (Governor of Island) is on duty, the ​functions of the Guncho mentioned in the present Law shall be taken charge of by the Toshi; where there is no Toshi, an official corresponding in his function to the Yoshi shall take charge of the said functions.

For the municipalities of Tokyo, Kyoto, and Osaka the Shi mentioned in the present Law shall correspond to Ku, the Shicho to Kucho, and the Shiyakusho to Kuyakusho.

Article CVII.—When the witnesses do not attend the appointed place in time, or when the required quorum is lacking in the course of the function, a voting overseer, counting overseer, or Chairman of Election may nominate provisionally the required number of witnesses from among the electors.

Article CVIII.—With regard to law suits relating to an electoral list and to law suits about elections or about returns, they shall be dealt with in accordance with the provisions of the Civil Procedure, with the exception of all those cases specially provided in the present Law.

Article CIX.—The kinds of he direct national taxes mentioned in the present Law shall be determined by Imperial Ordinance.

Article CX.—Whenever the provisions of the present Law are judged inapplicable to a case occurring in Hokkaido and Okinawa, special provisions may be provided by Imperial Ordinance.

Article CXI.—The present Law shall be put in force from the next General Election. However for Hokkaido (excepting the urban districts of Sapporo, Hakodate, and Otaru) and Okinawa, the date of enforcement shall be specially determined by Imperial Ordinance.

Article CXII.—Only for the compilation of electoral lists necessary for the Election of Members for the first time according to the present Law, the dates and period mentioned in Articles XVIII to XX, Articles XXIV, XXVI, and XXVII, may be specially determined by Imperial Ordinance. The said lists shall remain valid till the day on which the electoral lists for the next year are settled.