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Details of 2001 (Gyo-Tsu) 233 | Judgments of the Supreme Court
been deceased.
(2) The person on the House of Representatives Candidate List has
become a candidate for public office under Article 86-8(1), 87(1) or
(4) or 88, or is not eligible to become a candidate for public office.
(3) The person on the House of Representatives Candidate List has
come to fall under Article 91(1) or 103(4).
(4) Where the political party or group that falls under Paragraph 1(1)
or (2) has included, in accordance with Paragraph 4, candidates
(including persons who are to become candidates) for an election of
members of the House of Representatives under the single-seat
constituency system to be held concurrently with the election of
members of the House of Representatives under the proportional
representation system in its House of Representatives Candidate List,
and the person on the list is no longer a candidate for the election of
members of the House of Representatives under the single-seat
constituency system in the constituency that is included in the area of
the constituency for the election of members of the House of
Representatives under the proportional representation system, or has
not become a candidate for the election of members of the House of
Representatives under the single-seat constituency system in the
constituency that is included in the area of the constituency for the
election of members of the House of Representatives under the
proportional representation system by the date on which the list is
submitted or addition is made to the list under Paragraph 1 or 9.
8. The written notice mentioned in the second sentence of the
preceding paragraph shall be accompanied by the following
documents: if the notice relates to expulsion, a document describing
the expulsion procedure and written oath certifying that expulsion has
been conducted appropriately; if the notice relates to defection, a
duplicate copy of the letter of defection submitted by the person on
the House of Representatives Candidate List to the political party or
group; if the notice relates to any other event, a document certifying
such event.
9. If, after the list is submitted under Paragraph 1 (or after addition is
made under this paragraph), the number of persons who are no
longer included in the House of Representatives Candidate List
exceeds one-fourth of the number of persons on that list as
submitted under Paragraph 1, the political party or group that has
submitted the list may, at least ten days prior to the date of the
election, add persons to the House of Representatives Candidate List
to the extent that does not exceed the number of persons who are no
longer included in the list. In this case, the political party or group
may also change the ranking being chosen as successful candidates
from the persons currently on the House of Representatives
Candidate List.
10. Political parties or groups that have submitted a House of
Representatives Candidate List may withdraw the list by notifying in
writing, not by postal mail, the Chief Electoral Official of withdrawal
by the date provided in the preceding paragraph. In this case, such
written notice shall be accompanied by a document certifying the
reason for withdrawal.
11. Upon becoming aware of the fact that the House of
Representatives Candidate List under Paragraph 1 has been
submitted by a political party or group that does not fall any of the
subparagraphs of the said paragraph or submitted in violation of
Paragraph 3 or 5 of this article or Article 87(5) or that all persons on
the list should be deleted from the list after the time provided in
Paragraph 9 due to any events provided in Paragraph 7, the Chief
Electoral Official must reject the list.
12. Upon becoming aware of the fact that addition under Paragraph 9
has been made in violation of the said paragraph or the number of
persons on the House of Representatives Candidate List has come to
be in violation of Paragraph 5 as a result of such addition, the Chief
Electoral Official must reject the list.
13. Where the list has been submitted under Paragraph 1, addition
has been made under Paragraph 9 or the list has been withdrawn
under Paragraph 10, if the persons on the House of Representatives
Candidate List are deleted from the list under Paragraph 7 or the list
is rejected under Paragraph 11 or 12, the Chief Electoral Official shall
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