Early vote system
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With the early vote system (きじつぜんとうひょうせいど), it is one of the preliminary election systems in election of Japan or the referendum. A system established in 2 (2003) from December 1 in 2003 of Public Officers Election Act Article 48 and the system that was established in law Article 60 about the revised procedure of the Constitution of Japan. In addition, depending on the mass media, it may be read with "きじつまえとうひょうせいど" [1].
Table of contents
Summary
It is the system that the qualified voter who cannot vote on (so-called "election day") in a date of the election can vote for in city and district municipalities same as city and district municipalities registered with an electoral list during periods from the next day of public announcement day or notification day [2] to the day before in an election date. [3]
I was established in form to relax requirements about the case that "a qualified voter voted in past absentee vote systems by Public Officers Election Act revision of 2003 in cities, towns and villages same as cities, towns and villages registered with an electoral list" newly. Conventionally, the absentee vote system that there was reduces the range of the target qualified voter and retains it.
Since a system start, the use of the early vote spread out smoothly. According to the investigation by Tokyo Electoral Management Committee, 18.68% used an early vote among 10.81%, voters among qualified voters of Tokyo on that day in the member of the House of Councilors election of (2007) in 2007 [4]. These ratios rise 3.92 points, 6.39 points in comparison with member of the House of Councilors election of (2004) each in 2004. The board of elections explains that this is because it was able to let the qualified voter whom I renounced for the pressure leave for the vote till then according to the purpose of the system revision from absentee vote about this increase [4].
Characteristic
- It is a sign-style vote by own format vote, national review of the Supreme Court justices in the normal election. I just cast a ballot into a ballot box in nude. From a point in time when I spent it, I am handled as an official vote like a vote of the day in an election date.
- It is necessary to show the full name of all the settled candidates as a list of in the polling place to assume it an official vote. Therefore, not (of a candidacy receptionist) of a public announcement day or the notification day on that day, it was enforcement from the next day [5].
- About the new enforcement of the early vote that took the list of the candidate into consideration, there are "the thing which fixed its eyes on introduction expansion of the future e-voting" and analysis to say among a person concerned with election, the men of intelligence. The early vote expresses what I can carry out in e-voting in a handbill that I deal with a system start as Ministry of Internal Affairs and Communications, too [6]. The whole country's first e-voting by the early vote was carried out in Rokunohe-machi (Aomori) mayoral election of the execution (2004) on January 18 in 2004.
- I employ an early vote observer in the early vote place to assume it an official vote. In the case of a vote, I guarantee an opportunity to give an opinion whether a third party accepts a vote.
- The case that an eligible person (candidate) lost the qualification after an early vote by an election day when die, the vote cast to the candidate becomes the faulty ballot. This handling is similar in the absentee vote.
- When a qualified voter loses the right to vote by an election day (by the death, a local election the moving to the election outside of a ward), after an early vote, the vote becomes effective.
Difference with the absentee vote
The revised Public Officers Election Act to assume that I reduce right to vote age than 18 years old from 20 years old or more (2015) on June 17 in 2015 main contents is established and includes contents before it in the following descriptions than it is enforced (2016) from June 19 in 2016. It is necessary to read "18 years old" for following "20 years old" and "19 years old" to "17 years old" about a public announcement, the notified election after June 19, 2016.
- The ballot just casts it into a ballot box in nude.
- I vote in the polling place which the board of elections of the cities, towns and villages where oneself is registered with an electoral list manages.
- About the person who is going to do an early vote, I judge it in "the day when I am going to do an early vote" not an election date whether the person who is going to vote has the right to vote.
- Thus, the vote is treated as an effective thing when I lose the right to vote after an early vote in an election date [7].
- Even if it is a person becoming 20 years old by an election date, in the case of 19 years old (former more than two days of the 20-year-old birthday), the early vote is impossible on the day when I am going to do a preliminary election. In addition, on the day when the person that a person and civil rights stop paroling to expire in the prison term before an election date are untied is going to do a preliminary election the expiration; when is not canceled; the early vote is impossibility. In this case when perform it in city and district municipalities registered with an electoral list; by the absentee vote (allow the absentee vote by other methods).
- It is the day before of the birthday that I become 20 years old and, by the interpretation (precedent) of the Public Officers Election Act, will get the right to vote on the day. For example, a Japanese citizen born before December 15, 1994 was given the right to vote because an election date of the 47th member of the House of Representatives general election was December 14, 2014 [8].
Procedure of the vote
The basic procedures are as follows.
- The elector goes to an early vote place and performs an identification by a polling place admission ticket or other means.
- I take an oath in not being expected to be able to vote in an election date by letter.
- With the point same as a normal vote, I receive a ballot from a person in charge and vote afterwards.
I speak an individual point in detail as follows.
One of the differences with the normal vote is the point that you must submit "a written oath" to. The vague concise reasons such as "leisure, sightseeing, shopping" are all right. About this, it is established with 8 of Public Officers Election Act enforcement order Article 49 that "a statement and a statement are genuine in the reason that is anticipated when oneself corresponds on the day of the election saying you must submit the written oath of promising" [9].
The person confirmation of the elector is performed by other methods by bringing it as well as a normal vote when a polling place admission ticket has been already mailed when an admission ticket has not yet arrived or I cannot bring it. The seals are not required. A judgment is divided about the method of the identification by each on-site cities, towns and villages Electoral Management Committee handling election office work and exists when the presentation of the identification cards such as driver's licenses is demanded although being few.
Even if it is on which day of weekdays, Saturday, Sundays and holidays, the holiday that can vote;, as a general rule, is during a period; is from 8:30 to 20:00 every day. But it may be slightly different in some local governments and facilities. Depending on need such as circumstances to go to an early vote being limited, it is desirable to do an inquiry in the board of elections. Under the influence of merger of cities, towns and villages, there are cases different in a member of the House of Representatives electoral district particularly recently even if it is the same cities, towns and villages.
Requirements and process
It is anticipated that I correspond to one of the reasons to publish in next 各号 in an election date, and the qualified voter with the right to vote can do an early vote on an early vote day.
- (and I quote the fifth from Clause 1 first of 2 of Public Officers Election Act Article 48 shown below)
- Engage in one duty or duties or business [10] to determine in general affairs departmental order.
- Do a trip or a stay for two business (you remove a thing establishing it in the general affairs departmental order of the last issue.) or accident outside the area of the belonging polling district.
- Because of three illness, injury, pregnancy, senility or physical disorder or a walk being difficult because there is it in puerperium or being accommodated by detective facilities, a trouble government office, 監置場, a reform school or the woman guidance House.
- Stay in the thing that local live in establishing in general affairs departmental order in the place of four traffic island others most difficult or the area concerned.
- Living in the address of the cities, towns and villages with five belonging polling districts out of the area.
It was a requirement not "possibility" in the absentee vote system before the Public Officers Election Act revision of (1998) for 1,998 years "to have difficulty in vote of the election date surely". Furthermore, it was a condition about going outside the area of the polling district, the second about the first among the above to go outside the area of cities, towns and villages. The requirements were extremely restrictive, and a destination and a reason were often asked persistently at a window of the absentee vote, and even real use might be felt in this way when it was a breach of privacy for a qualified voter. In addition, there was the thing that election itself became invalid saying that management administration of the absentee vote was careless.
A condition necessary for the use of the absentee vote system was relaxed in degree same as the present by the Public Officers Election Act revision of (1998) in 1998. The users of the absentee vote largely in this way increased. However, it was unchanged about business formalities to affect a vote, the official counting of votes on the business side of the absentee vote system to need trouble. In addition, I let election results settle with forgetting that board of elections counted the votes about absentee vote, and a case, the accident that affected absentee vote still continued.
A current early vote system was established by Public Officers Election Act revision of December (2003) in 2003. It may be said that the request of qualified voter and others for the voting system that it is easy to use from Ministry of Internal Affairs and Communications, board of elections in pursuit of the rise in turnout, board of elections for the simplification of the election administration office work is an agreed result.
Problems
Unlike absentee vote, voting behavior accomplishes this system by casting a direct vote in a ballot box. A qualified voter cannot perform cancellation and the revoting of the vote after an early vote for any reason at the same time because it is equality election and a secret election. Therefore the following situations occur.
- When the candidate including the case that a candidate died is missing, the vote cast to the candidate becomes invalid [11].
- But it is not a problem peculiar to this system to become invalid even in the case of absentee vote equally.
- When the requirements as the effective vote are not met by a clear mistake of the board of elections, [12] becomes invalid equally, too.
- When the qualified voter who voted loses the right to vote by an election date, to [13], it just becomes the effective vote by the early vote and is counted the votes.
- I count the votes only by the acceptance, the non-acceptance decision of the official counting of votes manager, the vote of the person having the right to vote after the acceptance, the non-acceptance decision of the voting observer more in an election date by the absentee vote. With the problem submission to be unfair as for the difference in this handling [14].
When plural election is carried out as other problems, there is the point where the starting date of the early vote varies according to election. By the national review of the Supreme Court justices that it is carried out on a member of the House of Representatives general election and the same day that this problem occurs particularly every time, as for the Lower House election, as for the national referendum, it is from 7 days before the election day from the next day on a public announcement day on the starting date of the early vote. When I finish the vote only for the Lower House election earlier, it is necessary to perform the vote of the national referendum some other time later. However, the mistake such as issuing a ballot of the election that it has been voted when I vote for non-vote again some other time, and two folds letting you vote occurs. In addition, the early vote takes an oath in not being expected to be able to vote on the day an election day and votes, but seems to be able to vote in non-vote on the day on an election day [15].
It has an influence on the tactics of each camp that the requirements of the early vote are easy. In other words, the camp where call by a vote early so that the camp having the organized votes does not change their mind in the middle of an election period appears a lot, and information lets vote in insufficiency easily, and the risk that is used to enclose it of the organized votes is a demerit at the point that there may be [the source required]; ([16] [17] that it is a problem saying that there is the case which a local fishermen's cooperative association hands 2000 yen in cash to the qualified voter who came to a qualified voter and the cleaning homage which came to the polling place in an early vote in prefecture Ieshimacho, Himeji-shi in Hyogo gubernatorial election of) for one in (2009 in 2009, and appealed to for a vote, and might conflict with the Public Officers Election Act).
The rule for the presentation of the identification card is not established on voting in the Public Officers Election Act. I can often vote only by the presentation of the written oath and oral confirmation such as the date of birth about the qualified voter who did not bring a polling place admission ticket in the spot of the early vote place, and the presentation of the identification card is rarely demanded. According to the investigation by Tokyo Electoral Management Committee, I do it about a method of the person confirmation when an elector did not bring an entrance rearranging ticket when only 17.5% require an identification card among local public entity in Tokyo. If the presentation of the written oath is enough for remaining most of 82.5% as a reason not to require an identification card, I reply it [18]. 本人確認が徹底されていないことは、選挙違反・不正投票の要因ともなっている[19]。 このような状況を改善するため、総務省は通知(平成19年5月23日付総行管157号)を出し、本人確認の的確な実施を各選挙管理委員会に求めた[20]。
脚注
- ^ 「前」の読み方について、法令用語としては「ぜん」だが、公職選挙法を所管する総務省は、同制度が国民に浸透するのであれば、一般用語としては「ぜん」でも「まえ」でもこだわらない、という態度。実際、同省の公式ウェブサイトではURLで"kijitsumae"としているものもある。片山総務大臣閣議後記者会見の概要2003年6月3日、期日前投票制度の創設について 選挙制度ニュース一覧 2003年(平成15年)12月1日
- ^ 「公示」は、衆議院議員総選挙及び参議院議員通常選挙に限定した用語。それ以外(地方選挙、国会議員の再選挙及び補欠選挙、最高裁判所裁判官国民審査等)は「告示」を用いる。
- ^ ただし、同様の制度がある最高裁判所裁判官国民審査においては、告示日も期日も衆議院議員総選挙と同じ日だが、期日前投票の期間は「審査期日の7日前から審査期日の前日」となる(最高裁判所裁判官国民審査法第26条)。これは、投票用紙に裁判官の氏名を印刷する必要があるため、投票用紙の製作・準備に時間が掛かることが理由とされている。
- ^ a b #東京都選管2008、6頁
- ^ 第156回国会 政治倫理の確立及び公職選挙法改正に関する特別委員会 第3号 衆議院 2003年(平成15年)5月21日
- ^ 期日前投票制度(チラシ) (PDF)
- ^ 例:期日前投票をした人が選挙期日より前に死亡した 等
- ^ 秋田市 - 新☆選挙不思議発見!01年齢計算(秋田市選挙管理委員会)。満年齢、年齢計算ニ関スル法律の記事も参照
- ^ #東京都選管2008、9-10頁
- ^ 公職選挙法施行規則(昭和25年総理府令第13号)第15条の4で「葬式の喪主等冠婚葬祭の主宰をする者、その者の親族その他社会通念上これらの者に類する地位にあると認められる者が当該冠婚葬祭において行うべき用務」とされている。
- ^ 例:2007年4月の長崎市長射殺事件
- ^ 用紙の配布ミスや投票箱の取り違えなど
- ^ 例:期日前投票後、選挙期日前に転居した場合など
- ^ 投票日前に死亡なら 「期日前」有効「不在者」無効 遺族是正訴え 北海道新聞 2007年(平成19年)7月28日
- ^ 投票用紙の二重交付相次ぐ【14衆院選】 - 2014年12月14日 時事通信
- ^ 姫路の漁協、期日前投票者に2000円渡す…兵庫県知事選 読売新聞 2009年(平成21年)6月27日
- ^ 清掃活動で2千円渡し投票呼び掛け 姫路の漁協 神戸新聞 2009年(平成21年)6月27日
- ^ #東京都選管2008、11頁
- ^ "期日前投票 死角狙った犯罪続出 香川県選管、警戒感強める". 山陽新聞 香川県版 (2007年7月22日). 2007年9月27日時点のオリジナルよりアーカイブ。2010年7月9日閲覧。(2007年(平成19年)4月8日執行の香川県議会議員選挙や2007年(平成19年)4月22日執行の高松市議会議員選挙での、期日前投票における詐偽投票事件を報じている)
- ^ #東京都選管2008、10頁
参考文献
- 東京都選挙管理委員会事務局選挙課「期日前投票への取組状況について」、『選挙時報』第57巻第9号、全国市区選挙管理委員会連合会、2008年9月、 pp. 1-22、 ISSN 0488-2814。
関連項目
外部リンク
- 期日前投票制度の創設について - 総務省
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