The Dangers of Violating the Public Offices Election Law: The Perils of Electoral Inequality That You Must Be Aware Of （In Japan)
Why Do Violations of the Public Offices Election Law Occur?
Of course, there are various opinions regarding this Note.
Naturally, secretaries, staff, and the politicians themselves are very strict about the Public Offices Election Law, which sometimes even restricts certain actions.
However, if the Public Offices Election Law is too stringent, it could significantly burden the offices of the politicians and the campaign teams. Being overly cautious about election law compliance may also hinder essential interactions with the local community.
Therefore, this occasion should serve as an opportunity to reflect on the nature of the Public Offices Election Law, and I encourage everyone to consider this matter thoughtfully.
"In the trial of former House of Representatives member Kiyonari Maekawa from the Nippon Ishin no Kai party, who was charged with violating the Public Offices Election Law for soliciting votes before the official announcement of the general election the year before last, both the first and second trials resulted in guilty verdicts. The Supreme Court has decided to deliver its verdict next month. Although Mr. Maekawa has maintained his innocence, the likelihood of the guilty verdict being upheld is expected as no further arguments necessary to alter the decision will be held."
"Source: NHK News, October 25, 2023. Former House of Representatives member Maekawa, charged with violating the Public Offices Election Law, is expected to have his guilty verdict finalized next month."
"As the scandal involving secret funds at Liberal Democratic Party faction parties shakes Nagatacho, former Vice Minister of Justice and member of the House of Representatives, Mito Kakiwaza, who left the LDP just two months ago, was arrested on the 28th for election law violations. He is suspected of using both new and traditional methods of electoral fraud—'paid internet advertising' and 'bribery'. As political scandals involving money continue to emerge, public distrust in politics only deepens."
First, I will address these two issues.
The former concerns a violation of calling for votes before the official campaign period.
It is generally against the rules to campaign before the election period begins.
Activities such as 'greeting', 'discussing policies', 'exchanging opinions with voters', 'engaging with the local community', and 'support group activities' are allowed.
However, the phrasing should not include any mention of candidacy or voting, and should primarily focus on policy activities, greetings, and interactions with the local community.
Furthermore, titles used when declaring candidacy can be challenging; if one is an incumbent, they can identify as a member of the House of Representatives or the Senate, but candidates must be cautious about the titles they use.
For example, it is legal to say, 'I am XX, the Head of the Liberal Democratic Party's Miyagi Prefecture 7th District Branch.' This format is considered legal.
Considerations for the Approach to Online Advertising
More candidates are using online advertising, but the system is still underdeveloped, and there are gray areas when compared to the current law.
For example, it is permissible for a political party or its branch to introduce a candidate's activities and policies. However, calling for votes is not allowed.
Therefore, the key may lie in whether it is possible to place advertisements that directly link to the candidate’s website (party branch) and guide visitors there for campaign purposes.
The mayoral election in Koto Ward, Tokyo, will be announced on the 3rd due to the resignation of former Mayor Yayoi Kimura. The trigger for her resignation was the paid advertisements she streamed online during the last election in April. While posting paid online advertisements during the election period is prohibited by the Public Offices Election Law, the complication arises because political parties and their branches are allowed to do so under certain conditions. Many candidates use online ads, and there has been a call to review the regulations, which currently blur the lines between legal and illegal advertising practices. (Written by Noriyoshi Kondo)
For example, it is legal to link to the branch head's homepage from the YouTube channel of the Constitutional Democratic Party's Kanagawa 21st District branch, and calling attention only to one's policies and activities is borderline legal.
However, according to the current law by the Ministry of Internal Affairs and Communications, amendments in line with modern times are essential, so my personal view is that it is better not to engage in such practices.
As for the effectiveness of advertising, it is essentially unknown, so greeting is considered safer.
I am XX, the head of the XX Party branch! We are organizing a gathering soon.
I will do XX for the well-being of everyone's lives.
Good morning. Thank you for your hard work.
I think that, This line is really difficult to draw.
Is the judiciary at fault? Are the candidates who fail to comply to blame? Or is it the citizens who are uninformed about politics?
Now, to the main point, the pros and cons of this Public Election Law should be considered in light of modern circumstances.
Surprisingly, what is difficult is determining whether it constitutes bribery of voters or not.
It has been revealed that last month, Moriyasu Umetani, a member of the Constitutional Democratic Party elected from the Niigata 6th District, handed out sake to voters at a gathering in Joetsu City. The member's office has acknowledged the act and commented, 'It was provided as compensation for attending the meeting. In the future, we will refrain from providing items that might raise doubts.
There are regulations in election campaigning that only allow the offering of tea or light snacks to voters.
It's clear what tea entails, but what exactly qualifies as a light snack?
Also, with tea, there are various options like Ayataka, Ito En, or gyokuro, but it's not clear how far is safe and what might be considered a violation.
It would be straightforward if the Ministry of Internal Affairs and Communications established guidelines and issued them to candidates and electoral district offices.
From what I have seen in various lawyers' interpretations,
cake is definitely out.
It makes you wonder, what then is legally permissible?
Additionally, it can be surprisingly complicated depending on whether the person is a voter or not.
For example, let's say there is a candidate from Nippon Ishin no Kai in Tokyo's 31st District.
Suppose this candidate has two acquaintances; one is a resident of the 31st District, and the other is from Osaka Prefecture.
If this candidate treats all three people, there's a risk it could be seen as bribing a voter.
However, treating the person from outside the electoral district carries no such risk.
Ignorance is no excuse, but the Public Offices Election Law, which restricts even expressing gratitude to local supporters, is indeed very challenging."
Conclution
At the heart of our lack of interest in politics, we may need to reconsider the nature of the Public Offices Election Law.
For example, even as members of parliament, there are three types of jobs: legislative work, party work, and, for those in the ruling party, government responsibilities.
Not only that, but returning to one’s local area regularly also counts as part of their job, eventually leading them to juggle up to three different roles.
From early Monday morning working in committees and the Diet, to not missing local lectures and making rounds of greetings on weekends, the demanding schedule of our representatives is something many voters may not fully appreciate.
While each member can have up to three secretaries funded by the government, this is not enough given that they also have local offices.
In rural areas, the cost of gasoline is significant, and managing multiple offices becomes necessary.
As members accumulate more terms and possibly become ministers, their responsibilities increase, and they become subjects of security protection, which further restricts their actions.
The number of parliament members, their salaries, and election reform should all be considered together.
For instance, by reforming elections to include campaign subsidies and clear guidelines, it would naturally reduce the burden.
Although the single-member district system has reduced travel burdens, local rounds are still a high burden, especially in places like Hokkaido.
There has also been a reduction in the number of rural MPs due to the 'plus ten, minus ten' change in parliament seats, which needs to be reconsidered.
Furthermore, the core issue of MPs' salaries must be examined to see if they are appropriate in relation to election costs, roles, and the number of terms served.
Naturally, MPs' salaries are also subject to income tax.
I hope this incident will lead to changes in the Public Offices Election Law.
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