日本財団 図書館


(Nullity of Signatures, etc.)

 

Article 74-3.

 

A signature shall be null and void, if it is:

1. Affixed contrary to the procedure established by law; or

2. Unidentifiable.

 

2.

A signature shall be null, if the election administration commission of the city, town or village has given a finding under paragraph 4 of the preceding article that such signature has been affixed under fraud or duress.

 

3.

The election administration commission may demand the presence and testimony of any person concerned if it is deemed necessary for the determination of the validity of signatures.

 

4.

The provisions of paragraphs 2, 3, 7 and 8 of Article 100 shall apply mutatis mutandis where any person concerned appears and testifies in accordance with the preceding paragraph.

 

(Penal Provisions)

 

Article 74-4.

Any person who commits actions as follows in connection with signatures of petitioners for enactment, amendment or abolition of a bylaw shall be imprisoned with or without hard labor not exceeding four years or fined not exceeding 1,000,000 yen.

1. In case he/she has used or threatened to use force against a signer or campaigner, kidnapped a signer or campaigner,

2. In case he/she has interfered with freedom of signing by embarrassing traffic or assembly, by obstructing speech or by any other fraudulent, deceitful or unjust means,

3. In case he/she has taken advantage of his/her economic or social influences upon a signer or campaigner, or upon shrines, temples, schools, companies, associations, communities, etc., in which such signer or campaigner has interests,

 

2.

Any person, who has falsified, or misrepresented the number of signatures of the petitioners for enactment, amendment or abolition of a bylaw, or captured, destroyed or carried away the signature book or related documents necessary for such petition, shall be imprisoned with or without hard labor not exceeding three years or fined not exceeding 500,000 yen.

 

3.

Any person, who has canvassed signatures by a signature book which is not duly accompanied with a legal petition form and certificate for representation, or power of attorney for canvassing, or otherwise contrary to the procedure established by law, or has canvassed outside the canvassing period prescribed by cabinet order shall be fined not exceeding 10,000 yen.

 

 

 

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