Introduction

"Election campaigning" refers to activities conducted during an election period with the aim of securing the election of a particular candidate. The current Public Offices Election Act specifically separates "election campaigning" from various other political activities and imposes strict regulations on it. In particular, "election campaigning" by minors is not permitted at all.

Furthermore, if a minor engages in election campaigning, both the minor and their employer face extremely severe penalties, including criminal charges. As a result, even if someone under 18 finds a candidate they want to support, they are often refused by the organizers when they apply to participate in the campaign, or they voluntarily refrain from campaigning. The lack of a clear line defining what constitutes "election campaigning" further exacerbates this trend.

Some might think, "Since they don't have the right to vote, they can't campaign either." However, for minors who don't have the right to vote, campaigning is an important means of expressing their political opinions and actively participating in politics. It should not be permissible to prohibit voluntary campaigning simply because someone is under 18, without any rational basis.

This lawsuit aims to reclaim the freedom for people under 18 to vote by exposing the unconstitutionality of outdated regulations under the Public Offices Election Act.

Why is election campaigning prohibited for those under 18?

What is an election campaign?

This refers to activities conducted from the day an election is officially announced, when a candidate's application is accepted, until 11:59 PM the day before the election, with the aim of securing the candidate's victory.

Specifically, election campaigning includes not only activities that are easily recognized as "election campaigning," such as distributing leaflets on the street or making phone calls, but also posting messages of support for a particular candidate on social media or sharing posts.

Why is it prohibited?

The stated legislative purpose is either (1) to ensure the effectiveness of cracking down on employers who mobilize large numbers of minors for election campaigns, or (2) to "protect those who are mentally and physically immature." However, it cannot be said that there is enough benefit in prohibiting voluntary election campaigns by minors to justify sacrificing the important right of freedom of political expression.

Furthermore, to achieve these objectives, it should suffice to apprehend candidates who exploit unsuspecting minors. There is no necessity or rationale for a blanket ban on election campaigning by minors.

What kind of penalties are there?

If a minor engages in prohibited election campaigning, the minor themselves may face imprisonment of up to one year or a fine of up to 300,000 yen. Furthermore, they may face severe penalties, including the suspension of their voting and candidacy rights for up to five years. Those who employ minors will also be subject to the same penalties.

Why are there penalty provisions?

Looking at the discussions at the time of legislation, the amendment bill initially submitted by the government did not include any prohibitions or penalties, and government officials explicitly stated that "this law does not restrict acts committed voluntarily by minors."

However, some lawmakers argued that "simply being able to crack down not only on those who used minors, but also on minors who actually engaged in election campaigning would have a considerable effect." As a result, although there was a shared understanding that it was "theoretically flawed," election campaigning carried out spontaneously by minors was also prohibited with penalties.

Regarding the plaintiff

*Age is as of February 2025, when the lawsuit was filed.

Plaintiff: Isshin Takeshima (17 years old)

Plaintiff: Kano Miyata (18 years old)

Plaintiff: Kiwa Kakutani (18 years old)

Plaintiff: Kota Fukushima (16 years old)

Issues in this lawsuit

we,

① Complete prohibition of election campaigning by minors (Article 137-2, Paragraph 1 of the Public Offices Election Act)

② Prohibiting the use of minors in election campaigns (Article 137-2, Paragraph 2 of the same law)

③ Violations of these provisions may result in criminal penalties (Article 239, Paragraph 1, Item 1 of the same law) and suspension of civil rights (Article 252 of the same law).

They believe the practice is unconstitutional and illegal, and are seeking confirmation from the government that minors are entitled to campaign for elections without facing criminal penalties, as well as claims for state compensation.

The grounds for considering the rules ①-③ above to be unconstitutional or illegal are as follows:

1. It infringes upon freedom of political expression (Article 21, Paragraph 1 of the Constitution) and is therefore unconstitutional and invalid.

The freedom of expression guaranteed by Article 21, Paragraph 1 of the Constitution is an important right for the formation of an individual's personality, and is especially indispensable for citizens to participate in politics. The "freedom of election campaigning" at issue in this case is one of the freedoms of political expression and is an important fundamental human right that forms the basis of a democratic society.

The current Public Offices Election Act completely prohibits election campaigning by minors through criminal penalties, depriving minors of the extremely important right of "freedom to campaign in elections."

2. It violates the principle of infringement and the balance of punishment (Article 31 of the Constitution) and is therefore unconstitutional and invalid.

A law cannot simultaneously make the person it protects subject to criminal penalties. This is because of the principle that "no one is punished unless they harm others" (the principle of harm). A rule that punishes minors who engage in election campaigning, while simultaneously aiming to protect minors, violates this principle of harm.

For example, while laws preventing underage drinking impose penalties on supervisors and alcohol sellers, they do not impose penalties on the minors themselves who are supposed to be protected. Aside from the Public Offices Election Act, there are no other laws that punish the actions of minors who are supposed to be protected.

Furthermore, imposing severe penalties on minors, such as "imprisonment for up to one year," "a fine of up to 300,000 yen," or "suspension of civil rights for five years," and completely prohibiting minors from expressing themselves through criminal penalties during elections, a crucial moment for national sovereignty, can be considered excessive regulation.

This violates the principle of proportionality of crime and punishment, which is stipulated in Article 31 of the Constitution, stating that crimes and their punishments must be balanced.

social significance

Freedom of political expression is a constitutional right and is naturally guaranteed to minors as well.

We encourage reflection on what society should be like, freely expressing what we believe is necessary and beneficial to achieve that, and supporting the activities of candidates whose ideas we sympathize with. No one can deny that the experience of being exposed to diverse opinions and engaging in discussions through such activities is beneficial to the development of one's character.

Furthermore, participating in an election campaign is the best way to understand how democracy works and to learn about civic responsibilities and rights. The political awareness gained by directly interacting with candidates and engaging in dialogue with voters during an election period is irreplaceable.

However, the Public Offices Election Act completely prohibits election campaigning by minors through the threat of criminal penalties, and has continued to deprive them of the opportunity to gain such experience. Considering the benefits that individuals can gain from participating in election campaigns, the negative impact that current regulations have had on society is immeasurable.

I believe that restoring the freedom of minors to campaign for elections is a significant step towards realizing a society where all generations actively participate in politics.

Message from the plaintiff

"Minors are also members of this society. They are human beings capable of thinking."

Isshin Takeshima

Since junior high school, I have been involved in youth council activities, such as achieving revisions to school rules in public junior high schools and participating in mock election voting events for minors. From these experiences, I have come to understand that politics is deeply connected to my own life. For me, the election held in my hometown in the fall of my second year of high school was incredibly frustrating. When I tried to post on social media to support a particular candidate, I was stopped by the adults around me because I was a minor. Am I not a part of the people who make up this town, even though I am a minor? It is incredibly frustrating that I cannot vote, nor can I publicly support anyone, and that all I can do is wish in my heart for the election that affects our lives. Minors are also members of this society. They are human beings who can think. Shouldn't they have the right to speak out during election periods?

"My feelings of support didn't reach them because I'm under 18."

Kano Miyata

Politics is about our representatives deciding the future of the society we live in, but I think that for many people today, politics has become something they "don't understand" or "don't concern them." When I was 17, I began to learn about my connection to politics through familiar topics like SOGI and education. And the desire to "support" that I mustered up the courage to express was not heard because I was under 18. Although you can vote from the age of 18, you are prohibited from supporting candidates in elections until just before that, and this fact is not clearly known, so elections and politics as a whole are somehow kept at a distance. I feel that this is a reason why people are unable to take an interest in elections and politics even after turning 18. I want to live in a society where no one has to give up on having their voice heard, and that is why I am raising this issue as a plaintiff.

"I want to live in a society that respects the voices of future generations who do not have the right to vote."

Kiwa Kakutani

Since learning about the severity of the climate crisis at the age of 15, I have been activism to advocate for measures to address it. For me, elections have always felt both close and distant. During elections, I organize debates and interview candidates. That's why, in recent years, I have never been indifferent to election results. I was deeply disappointed when the climate crisis was not a major issue in elections. However, the reason why elections felt so unfamiliar to me was that I didn't have the right to vote, or even the right to campaign. No matter how much someone advocated for climate policies, I couldn't support them. Even when the future was at stake, I couldn't speak up. In such circumstances, it was difficult to perceive elections and politics as part of everyday life, and the current system is utterly unreasonable. I want to live in a society that respects the voices of future generations who do not have the right to vote. It is with this in mind that I have become a plaintiff in this lawsuit.

"A society where people of all ages can work towards the society they want to create."

Kota Fukushima

When I was in junior high school, I tried to support a politician in an election in my town, but I was warned that it was illegal. I was very frustrated that I couldn't be involved in the election to decide the representative of my town. I was terrified that I would be arrested if I forced my way in. I felt a strong sense of powerlessness at being left out of something that affected my own life. After researching, I found that the Public Offices Election Act prohibits election campaigning by those under 18. The reason given is to prevent them from being exploited by adults. However, I genuinely wanted to support the candidate of my own free will. Isn't it strange that those under 18 are prohibited from campaigning even if they are interested, but then suddenly told to go to the polls once they turn 18? Children should not be exploited by adults. That's true. But that's something that can be solved by simply imposing penalties on the adults who are being exploited. There is absolutely no reason to restrict the actions of those under 18 and impose penalties on them. I strongly hope for a society where people of all ages can support the politicians they support and campaign for the society they want to realize.

Use of funds

This will be used for all aspects of litigation activities. It will primarily cover actual expenses such as court fees and photocopying costs, fees for obtaining expert opinions from constitutional scholars and other specialists, and travel expenses for the plaintiffs.

• Court costs: These are actual expenses such as stamp duty and photocopying fees.
• Cost of requesting expert opinions: We plan to have experts write expert opinions.
• Plaintiffs' transportation expenses: These are the transportation expenses for the plaintiffs to come to Tokyo for the trial.
• We plan to use the donations for other research expenses (research on foreign legal systems), and event and publicity costs.

Message from the assigned attorney

While maintaining election order is certainly important, it is absurd to do so at the expense of the freedoms that minors are rightfully entitled to. Through this lawsuit and the campaign that will be launched as a result, we will strive to restore the freedom of minors to campaign in elections.

I sincerely hope that many people will learn about this issue, think about it together, and lend their strength to bring about change. I believe that your voices will be a great force in changing this unreasonable situation.

Introduction of the legal team

Attorney Komomo Ota (Hifumi General Law Office)
Attorney Shinsaku Tada (Yamagoshi General Law Office)
Lawyer Yoshiyasu Toda (LEDGE Law Firm)
Lawyer Daisuke Igeta (Miyamura & Igeta Law Office, Secretary General of LEDGE, a general incorporated association)
Attorney Taiki Taniguchi (Polano Law Office, Director of LEDGE, Inc.)
Attorney Noriko Kameishi (Eclat Umeda Law Office, Representative Director of LEDGE General Incorporated Association)

About LEDGE

This lawsuit has been filed in support of LEDGE.

What is LEDGE? LEDGE is a group of experts dedicated to promoting social change, primarily through public litigation. We gather the necessary resources from society to conduct more effective and comprehensive public litigation. We also conduct campaigns to raise awareness of issues addressed by public litigation, ignite public opinion, and influence government and political bodies. We collaborate with and support the activities of LEDGE, Japan's first law firm with lawyers dedicated to public litigation full-time. For more details, please check the link below.

"Give those under 18 the freedom to vote in elections." Special website: https://senkyo-ouen.jp/Tokyo Shimbun, September 22, 2026: “Is it right to make election campaigning by under-18s a ‘crime’? Young people who took the issue to court share their views ahead of the September 25 ruling”