Japan by the Japanese/Chapter 7

The original Election Law was promulgated on the 11th of February of the 22nd year of Meiji (1889), eleven days after the promulgation of the Constitution. Since then Japan has developed so much, and circumstances have changed to such an extent, that a revision of this original law was found necessary. There is no need to dwell here upon the importance of a law which determines so vital a national task as the election of the members of the Lower House, the representatives of the people. Any change in this law amounts, therefore, almost to a change of the Constitution itself. In European countries there are many instances where the regulations and general provisions relating to these elections are set forth in the Constitution. In our country, however, these provisions are to be found in the form of an ordinary law. This is because it was considered wise to allow for the changing of the Election Law according as the development of the conditions of national life may demand it, while the Constitution should be based upon a much more stable and sound foundation, showing, as it does, the fundamental law of the State for all time, in which alteration can only be made with difficulty.

There are two kinds of electoral districts possible, the large and the small. In the former the size is determined according to the principle that two or more members shall be elected to each district, while in the latter only one member can be elected for the district. In the ealier Election Law the principle of small electoral districts was adopted. Six general elections showed so many defects resulting from that principle that in the revised law large electoral districts have been constituted. This latter system presents more chances of bad results in the scrutin des listes than in a system of small electoral districts. ​Thus, in the revised law the system of large electoral districts combined with that of the single vote was adopted, and by this means it is hoped that the evils prevalent in France, Italy, and the United States may be avoided.

These combined systems were drafted by an Englishman of the name of Thomas Hair as the most perfect method whereby the opinion of a small number of electors might be represented in the Lower House.

The electoral districts coincide with the administrative districts of fu (the city) or ken (the prefecture), quite distinct the one from the other. Cities with a population exceeding 30,000 form a separate electoral district, while those with under 30,000 inhabitants form an electoral district together with the suburbs. Those cities which have increased in population to over 30,000 since the promulgation of the revised Law of Election are separated from their suburbs and form separate electoral districts. Provision for this was made in a Bill passed during the sixteenth session of the Imperial Diet. Every city forms now an independent electoral district.

The number of members allotted to each electoral district depends solely on its population. For a population of 130,000 one member is allowed, and for every additional 65,000 persons above 130,000 another member is allotted. For instance, one member can represent a district until its population reaches 194,999; when the population is between 195,000 and 324,999 it must have two members, between 325,000 and 454,999 three members, and so on. Important islands, the Hokkaido and the Okinawa ken, have each been made into an independent electoral district. This was rendered necessary because of their distance from the central island (Hon-shu), their customs, habits, and conditions.

The revised law holds good even in the Hokkaido and the Okinawa ken. The number of members allotted to them does not, however, depend on the general law, nor is the date on which the revised law comes into force there declared at the same time as the other districts. The three districts in the Hokkaido and the three cities in the island have the law promulgated for themselves. The date of promulgation for other territories is determined by Imperial ordinance.

This redistribution of seats gives the following result:

Name of Electoral District.	Number of Districts.	Number of Members.
Fu or Ken (except Shi)	45	296
Shi (cities)	53	073
Islands	04	004
The Hokkaido Ku (urban districts) Gun (district)	03	003
	03	003
The Okinawa	01	002
Total	109	381

​The number of members at the time the new law came into force was 376, a sum less than the above total by five, since the three members for the Hokkaido district and the two members for the Okinawa ken are not included, the new law being as yet not in force in these electoral districts (Chapter I.).

The execution of the provisions concerning voting at elections is placed in the hands of the Sho-cho (head of a city), the Cho-cho (head of a town), or the Son-cho (head of a village), of the place where the election is going on (Article IV.). The duties which to the official in charge of the voting may be summarized as follows:

1. Publication of the places to be used as polling-stations.
2. Opening and closing the polling-stations.
3. Deciding (pro tempore) whether a ballot-paper should be accepted or refused.
4. Keeping the minutes of the voting.
5. Transmission of ballot-boxes, minutes, and electoral lists.
6. The maintenance of order in the polling-stations.

Every city, town, and village is an electoral district, so it is convenient that there should be a place set apart for counting the votes. Since, however, the number of ballot-papers in one district sometimes amounts to 30,000 or 40,000, great confusion would be caused by carrying on the voting and the counting of votes in the same place. Hence a special place is appointed where, in the interval between the voting and the election, the ballot-papers may be opened and counted. All voting-papers from each polling-station are collected and taken to the place appointed, and there the scrutineer in charge opens and examines them. The districts allotted to a scrutineer correspond with gun or shi, so that the person entrusted with the scrutiny of votes is either the Gun-cho (head of a gun) or the Shi-cho (heed of a shi).

A scrutineer’s duties are, briefly, as follows:

1. Publishing the names of the places to be used for scrutinizing the voting-papers.
2. Opening and closing the place where voting-papers are to be scrutinized.
3. Counting the voting-papers.
4. Confirming and overruling the decisions made pro tempore by the supervisor of a polling-station.
5. Examining the voting-papers.
6. Ruling on the effect of a ballot.
7. Keeping minutes of the proceedings at the scrutinizing of voting-papers.
8. Preserving the minutes of these proceedings. ​
9. Reporting on the result of the ballot.
10. Maintaining order in the station for counting votes.

The business entrusted to the chairman of an election is summarized below:

1. Supervising both voting and counting of votes.
2. Appointing the place of an election meeting.
3. Publishing the place and date of an election meeting.
4. Nominating election witnesses.
5. Opening and closing an election meeting.
6. Examining reports.
7. Ascertaining which candidate has been elected, and making notification thereof.
8. Giving certificates of election.
9. Publishing the name of the elected candidate.
10. The maintenance of order at an election meeting.
11. Holding a new election when no candidate has been elected, or in the case of non-appearance of the elected candidate.
12. Taking action in a case in which the election has been declared null and void by decision in court of law, or in a case in which the candidate has been convicted according to the rules set forth in the Law of Election (Chapter XI.).

The qualifications of voters and candidates for election have been brought under revision. Under the old law payment of 15 yen or more in direct national taxation constituted a voter’s qualification, but the new law has lowered that minimum to 10 yen. Besides this change, little alteration has been made in the qualification of voters, but the new law has removed the restrictions of residence and tax payment in respect of candidates. The latter innovation has enabled larger numbers of citizens to be eligible as candidates, and it has provided candidates for membership of the House of Representatives who are more able and better fitted for their duties than were former members.

A ‘Japanese subject’ (Article VIII.) means any person of Japanese nationality. No foreigner, therefore, has the right to vote at elections. But a foreigner who has become naturalized in Japan in accordance with the law may vote, since, by the foregoing law, he can attain the status of a Japanese subject. It is in connection with the Law of Election that we find the difference between the treatment meted out to the Japanese subject and the person who has become so only from naturalization. A person naturalized in Japan, a person who has acquired the status of a naturalized citizen as the child of a naturalized person, or a person who has become the adopted child of a Japanese, or the husband of a Japanese woman who is the head of his house—all such have ​the right to vote in elections, but not to become candidates for election (the Law of Naturalization, Articles V., VII., IX.–XI., XVI.; the Law of Election, Articles VIII. and X.). The Secretary of State for Home Affairs may relax this restriction on foreigners by virtue of Article XVII. of the Naturalization Law. The sanction of the Emperor is required for this relaxation, and it may only be put into force in the case of a naturalized citizen after the lapse of ten years from the date on which he obtained his status as such.

The old law made the qualification of a person eligible for election much more stringent, and the minimum qualification in respect of direct national taxation was 15 yen. No such restriction appears in the new law.

Elections for the House of Representatives are much more important than those for electing members of Fu, Ken, Shi, Cho, or Son assemblies. The provisions made for punishing contraventions of the general law with regard to election of members of public assemblies appears in the Penal Code, Articles CCXXXIII.–CCXXXVI., but they are too simple to be of use in controlling the elections to the House of Representatives. Hence the new Election Law adds most detailed provisions with respect to the punishments to be awarded for breaking the Election Law. The effect of these provisions is shown by the small numbers^[2] of offenders against the Election Law in the General Election which took place in August of this year (1902).

Article I.—The House of Peers shall be composed of the following members:

1. The members of the Imperial Family.
2. Princes and Marquises.
3. Counts, Viscounts, and Barons who have been elected thereto by the members of their respective orders.
4. Persons who have been especially nominated by the Emperor on account of meritorious service to the State or of erudition.
5. Persons who have been elected, one member for each Fu (city) and Ken (prefecture), by and from among the taxpayers of the highest amount of direct national taxes on land, industry therein, or trade therein, and who have afterwards been nominated thereto by the Emperor.

Article II.—The male members of the Imperial Family shall take seats in the House on reaching their majority.

Article III.—The members of the orders of Princes and of Marquises shall become members on reaching the age of full twenty-five years.

Article IV.—The members of the orders of Counts, Viscounts, and Barons, that after reaching the age of full twenty-five years have been elected by the members of their respective orders, shall become members for a turn of seven years. Rules for their election shall be especially determined by Imperial ordinance.

The number of members mentioned in the preceding clause shall not exceed the one-fifth of the entire number of the respective orders of Counts, Viscounts, and Barons.

Article V.—Any man of above the age of full thirty years, who has been nominated by the Emperor for meritorious service to the State or for erudition, shall be a life member.

Article VI.—One member shall be elected in each Fu and Ken from among and by the fifteen male inhabitants thereof of above the age of full thirty years, paying therein the highest amount of direct national taxes on land, industry, or trade. When the person thus elected receives his nomination from the Emperor, he shall become a member for a term of seven years. Rules for such election shall be specially determined by Imperial ordinance.

Article VII.—The number of members that have been nominated by the Emperor for meritorious services to the State, or for erudition, or from among men paying the highest amount of direct national taxes on land, industry, or trade, in ​each Fu or Ken, shall not exceed the number of the members having the title of nobility.

Article VIII.—The House of Peers shall, when consulted by the Emperor, pass vote upon rules concerning the privileges of the nobility.

Article IX.—The House of Peers decides upon the qualifications of its members and upon disputes concerning elections thereto. The rules for these decisions shall be resolved upon by the House of Peers, and submitted to the Emperor for his sanction.

Article X.—When a member has been sentenced to confinement, or to any severer punishment, or has been declared bankrupt, he shall be expelled by Imperial order.

With respect to the expulsion of a member, as a disciplinary punishment in the House of Peers, the President shall report the facts to the Emperor for his decision.

Any member who has been expelled shall be incapable of again becoming a member unless permission so to do has been granted by the Emperor.

Article XI.—The President and Vice-President shall be nominated by the Emperor from among the members for a term of seven years. If an elected member is nominated President or Vice-President, he shall serve in that capacity for the term of his membership.

Article XII.—Every matter other than what provision has been made for in the present Imperial ordinance shall be dealt with according to the provisions of the law of the Houses.

Article XIII.— When in the future any amendment or addition is to be made in the provisions of the present Imperial ordinance, the matter is to be submitted to the vote of the House of Peers.