6/25/2020 Details of 2001 (Gyo-Tsu) 233 | Judgments of the Supreme Court representation system is below the number provided in Article 93(1) (i), the person shall be subject to the provisions of these paragraphs as if he/she were not included in the House of Representatives Candidate List. (Concerning 1) Article 14(1) of the Constitution All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. Article 44 of the Constitution 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. Article 87 of the Public Offices Election Law 1. A person who has become a candidate for public office in an election shall not become a candidate for public office in another election at the same time. 2. A candidate reported by a political party or group for an election of members of the House of Representatives under the single-seat constituency system shall not be a candidate reported by another political party of group for the election at the same time. 3. A political party that has reported a candidate for an election of members of the House of Representatives under the single-seat constituency shall not report another candidate in the same constituency. 4. A person on a House of Representatives Candidate List for public office shall not be on another House of Representatives Candidate List for public office. 5. A political party or group that has submitted a House of Representatives Candidate List for an election of members of the House of Representatives under the proportional representation system shall not submit another House of Representatives Candidate List in the same constituency. 6. The provisions of the preceding two paragraphs shall apply mutatis mutandis to an election of members of the House of Councillors under the proportional representation system. In this case, in Paragraph 4, "House of Representatives Candidate List" shall read "House of Councillors Candidate List," and "persons on a House of Representatives Candidate List" shall read "persons on a House of Councillors Candidate List," and in Paragraph 5, "political party or group that has submitted a House of Representatives Candidate List" shall read "political party or group that has submitted a House of Councillors Candidate List," "in the same constituency" shall be omitted, and "House of Representatives Candidate List" shall read "House of Councillors Candidate List." (Concerning 2) Article 46(2) of the Public Offices Election Law When casting a vote in an election of members of the House of Representatives under the proportional representation system, a voter shall write, in his/her own hand on a voting slip at the voting place, the name or abbreviated name of one of the political parties or groups that have submitted a House of Representatives Candidate List (political parties or other political groups that have submitted a House of Representatives Candidate List in accordance with Article 86-2(1); hereinafter the same), based on the list submitted in accordance with the said paragraph. Main text of the judgment (decision) Reasons The jokoku appeal shall be dismissed. The jokoku appellants shall bear the whole cost of the lawsuit. Concerning the grounds for the jokoku appeal argued by the attorneys for jokoku appeal MORI Toru, YAMAGUCHI Kuniaki, DOGAMA Koretsugu, OKUDA Tamotsu, and AKABANE Kenya https://www.courts.go.jp/app/hanrei_en/detail?id=569 6/9

Select target paragraph3