6/25/2020
Details of 2001 (Gyo-Tsu) 82 | Judgments of the Supreme Court
Article 43(1) of the Constitution
Both Houses shall consist of elected members, representatives of all
the people.
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 21(1) of the Public Offices Election Law (before amendment by
Law No. 62 of 2000)
Persons eligible to be listed on the electoral register shall be
Japanese citizens aged 20 years or over having an address in an area
of a given municipality in Japan (excluding those who do not have the
right to vote pursuant to the provisions of Article 11(1) [Persons
without the right to vote or run for office] or Article 252 [Suspension
of the right to vote or run for office of those convicted of election
crime] of this Law or Article 28 of the Political Funds Control Law
(Law No. 194 of 1948) [Suspension of the right to vote or run for
office of those convicted of violation of the Political Funds Control
Law]) who continue to be listed on the basic resident register of the
municipality for three consecutive months or more since the day on
which their resident cards for the municipality were prepared (or the
day on which a move-in notification was filed by those who changed
their address to the municipality from another municipality in
accordance with Article 22 [Move-in notification] of the Basic
Resident Register Law (Law No. 81 of 1967)).
Article 42 of the Public Offices Election Law (before amendment by
Law No. 47 of 1998)
(Listing on the electoral register and voting)
1. Persons not listed on the electoral register shall not have the right
to vote. However, the superintendent of the poll shall allow such
persons to vote if they come to the voting place on the date of
election with a written decision or final and conclusive judgment
stating that they should be listed on the electoral register.
2. Persons listed on the electoral register shall not have the right to
vote if they are not eligible to be listed on the electoral register.
Article 15(1) of the Basic Resident Register Law
(Relationship between the basic resident register and the electoral
register)
Persons eligible to be listed on the electoral register shall be such
persons who are listed on the basic resident register and have the
right to vote.
Article 42 of the Public Offices Election Law
(Listing on the electoral register or overseas electoral register and
voting)
1. Persons not listed on the electoral register or overseas electoral
register shall not have the right to vote. However, the superintendent
of the poll shall allow such persons to vote if they come to the voting
place on the date of election with a written decision or final and
conclusive judgment stating that they should be listed on the
electoral register or overseas electoral register.
2. Persons listed on the electoral register or overseas electoral
register shall not have the right to vote if they are not eligible to be
listed on the electoral register or overseas electoral register.
Chapter 4-2 (Overseas Electoral Register) of the Public Offices
Election Law
Article 30-2
(Overseas electoral register)
1. The municipal election management commission shall compile and
keep an overseas electoral register in addition to an electoral register.
2. The overseas electoral register shall be retained permanently, and
only one overseas electoral register shall be used for both elections of
https://www.courts.go.jp/app/hanrei_en/detail?id=1264
3/21