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Details of 2001 (Gyo-Tsu) 233 | Judgments of the Supreme Court
immediately officially announce the fact and notify the Central
Election Management Council of the fact.
14. The method of calculating the number of members of the House
of Representatives or members of the House of Councillors as
provided in Paragraph 1(1), the method of calculating the total
number of votes won by the political party or group as provided in
Paragraph 1(2), and other matters necessary for applying the said
paragraph shall be provided by Cabinet Order.
Article 95-2 of the Public Offices Election Law
(1) In an election of members of the House of Representatives under
the proportional representation system, the number of successful
candidates of each political party or group that has submitted a
House of Representatives Candidate List shall be calculated by, for all
political parties or groups that have submitted a House of
Representatives Candidate List, first dividing the number of votes
won by each party or group by each one of a series of integral
numbers from 1 to the number of persons on the House of Councillors
Candidate List submitted by the party or group (limited to those who
are candidates on the date of the election; hereinafter the same
applies in this Chapter and the next Chapter except for Article
103(4)), and then choosing the quotients successively in order of size
from the largest one, until the number of the quotients chosen equals
the number of seats up for election; the number of the quotients that
are obtained based on the number of votes won by a given party or
group and are chosen within the said limit shall be the number of
successful candidates of that given political party or group.
(2) In the procedure stipulated in the preceding paragraph, if two or
more quotients are the same value and therefore it is impossible to
determine the number of successful candidates for each political
party or group that has submitted a House of Representatives
Candidate List, the Chief Electoral Official shall, at the election
meeting, choose the successful quotient(s) by lot from such
quotients, until the number of chosen quotients reaches the number
of seats up for election.
(3) Where two or more persons on the House of Representatives
Candidate List have the same rank in the ranking for being chosen as
successful candidates under Article 86-2(6), the ranking for being
chosen as successful candidates from those on the same rank shall
be determined by the proportion of the number of votes won by each
of them to the largest number of valid votes won in an election of
members of the House of Representatives under the single-seat
constituency system held concurrently with the election of members
of the House of Representatives under the proportional
representation system in the same constituency. If two or more
persons on the same rank on the list have won the same proportion of
votes, the Chief Electoral Official shall, at the election meeting,
determine by lot the ranking for being chosen as successful
candidates of such persons.
(4) In an election of members of the House of Representatives under
the proportional representation system, successful candidates shall
be chosen from the persons on the House of Representatives
Candidate List that has been submitted by each political party or
group, according to the ranking for being chosen as successful
candidates of such persons, until the number of persons chosen
reaches the number of successful candidates, which is determined
for the party or group in accordance with Paragraphs 1 and 2.
(5) In the case of Paragraphs 1, 2, and 4, if a person on the House of
Representatives Candidate List is chosen as a successful candidate
in the election of members of the House of Representatives under the
single-seat constituency system held concurrently with the election of
the House of Representatives under the proportional representation
system, the person shall be subject to the provisions of these
paragraphs as if he/she were not included in the list.
(6) In the case of Paragraphs 1, 2, and 4, if the number of votes won
by a person on the House of Representatives Candidate List in the
election of members of the House of Representatives under the
single-seat constituency system held concurrently with the election of
members of the House of Representatives under the proportional
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