*Translated by Google translate

Introduction

"Election campaigning" refers to activities carried out during an election period with the aim of getting a specific candidate elected. The current Public Offices Election Act has strict regulations that specifically categorize "election campaigning" among various political activities. In particular, "election campaigning" by minors is not permitted at all.

Not only that, if a minor engages in election campaigning, both the minor and their employer will be subject to extremely severe penalties in the form of criminal punishment. Therefore, even if a person under the age of 18 finds a candidate they want to support, the current situation is that they are often turned down by the organizers when they apply to participate in election campaigns, or they voluntarily refrain from campaigning. The fact that the line between what constitutes "election campaigning" is not always clear exacerbates this trend.

Some people may think, "Since I don't have the right to vote, I can't campaign either." However, campaigning is an important way for minors who do not have the right to vote to express their political opinions and actively participate in politics through that. It should not be permitted to prohibit voluntary campaigning without any rational basis simply because they are under the age of 18.

This lawsuit aims to restore the freedom of those under the age of 18 to vote in elections by revealing the unconstitutionality of the anachronistic regulations under the Public Offices Election Act.

Why is it prohibited for people under the age of 18 to campaign?

What is an election campaign?

This refers to activities aimed at helping candidates win the election, which are carried out from the time the candidacy application is accepted on the election announcement date until 11:59 p.m. on the day before the vote.

Specifically, this does not only include activities that are easily recognized as "election campaigning," such as handing out flyers on the street or making phone calls, but also posting messages on social media in support of a particular candidate or sharing such messages.

Why is it banned?

The legislative purpose is said to be (1) to ensure the effectiveness of crackdowns on users who mobilize a large number of minors for election campaigns, or (2) to "protect the mentally and physically immature." However, it cannot be said that there is a benefit to prohibiting voluntary election campaigns by minors that justifies the sacrifice of the important right of freedom of political expression.

Furthermore, in order to achieve these goals, it would be sufficient to expose candidates who take advantage of unaware minors. There is no need or rationality in blanket banning minors from campaigning.

What kind of penalties?

If a minor engages in prohibited election campaigning, the minor himself/herself will be subject to imprisonment of up to one year or a fine of up to 300,000 yen. Furthermore, there are even severe penalties, such as the suspension of the right to vote and the right to be elected for up to five years. Anyone who uses a minor will be subject to the same penalties.

Why penalties?

Looking back at the discussions at the time the legislation was being passed, the amendment bill that the government initially submitted did not include any prohibitions or penalties, and a government commissioner made it clear that "this law does not impose restrictions on cases where minors do it voluntarily."

However, some lawmakers expressed the opinion that "just being able to crack down on" not only those who used minors but also minors who actually campaigned will have a significant effect. As a result, while there was a shared recognition that this was "theoretically strange," it was decided to ban even voluntary election campaigning by minors with penalties attached.

About the Plaintiff

Plaintiff: Isshin Takeshima (17 years old)

Plaintiff: Kano Miyata (18 years old)

Plaintiff: Tsunoyama Itsuki (18 years old)

Plaintiff: Anonymous (16 years old)

The issues in this lawsuit

we,

1) A complete ban on election campaigning by minors (Article 137 of the Public Offices Election Act)

② Prohibition of using minors in election campaigns (Article 137, Paragraph 2 of the same law)

3) Violation of these laws will 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 that this is unconstitutional and illegal, and are calling on the government to ensure that minors are in a position to campaign without being subject to criminal penalties, as well as to seek compensation from the state.

The reasons why we believe that the above provisions ①-③ are unconstitutional and illegal are as follows.

1. It violates the 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 development of an individual's personality, and is a right that is particularly essential for citizens to participate in politics. The "freedom of election campaigning" at issue in this case is one example of the freedom of political expression, and is an important fundamental human right that is the foundation of a democratic society.

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

2. It is unconstitutional and invalid as it violates the principle of infringement and the balance between crimes and punishments (Article 31 of the Constitution)

A law cannot punish those who it is supposed to protect. This is because of the principle that "one cannot be punished unless one harms others" (the harm principle). A rule that aims to protect minors but penalizes minors who campaign is in violation of this harm principle.

For example, the law on preventing underage drinking imposes penalties on supervisors and alcohol sellers, but does not impose penalties on minors, who are the subject of protection. There are no other laws other than the Public Offices Election Act that punish the actions of minors, who are also the subject of protection.

Furthermore, imposing heavy penalties on minors, such as "imprisonment for up to one year," "a fine of up to 300,000 yen," and "suspension of civil rights for five years," as well as completely banning expression by minors through criminal penalties in an important aspect of national sovereignty such as voting, can be said to be excessive regulations.

This goes against the principle of proportionality between crimes and punishments, as stipulated in Article 31 of the Constitution, which states that there must be a balance between crimes and their corresponding penalties.

Social significance

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

Thinking about what society should be like, freely expressing what you think is necessary and beneficial to achieve that, and supporting the activities of candidates who share your views. No one can deny that the experience of being exposed to a wide variety of opinions and engaging in repeated discussions through such activities is beneficial for the development of an individual's character.

Participating in an election campaign is also the best way to understand how democracy works and learn about the responsibilities and rights of being a citizen. There is no substitute for the political awareness that can be gained by directly interacting with candidates and having conversations with voters during the election period.

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

We believe that allowing minors to regain the freedom to campaign will be a major step toward realizing a society in which people of all generations can actively participate in politics.

Message from the Plaintiff

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

Takeshima Isshin

Since I was in junior high school, I have been active in the youth council, and have succeeded in reviewing the school rules of public junior high schools and participated in mock election events for minors. From these experiences, I recognize that politics is deeply connected to one's life. For me, the election held in the fall of my second year of high school in the area where I live was very frustrating. I tried to support a certain candidate on social media, but the adults around me stopped me because I am a minor. Am I not a part of the people who make up this city? I cannot vote, I cannot support publicly, and I am very frustrated that we can only hope in our hearts for elections that affect 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?

"The messages of support were not conveyed to me because I was under 18."

Kano Miyata

Politics is where our representatives decide the society we live in, but I think that politics has become something that is "unclear" and "irrelevant" to many people these days. When I was 17, I started to learn about my relationship with politics through familiar topics such as SOGI and education. Then, my courageous desire to "support" was not heard because I was under 18. You can vote from the age of 18, but you are prohibited from supporting in elections until just before voting, and this fact is not clearly known, so somehow elections and politics as a whole are shunned. I think that this is the reason why people are not interested in elections or politics even after turning 18. I want to live in a society where no one has to give up because their voice is not 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."

Mr. Tsunoyama

Since I learned about the seriousness of the climate crisis at the age of 15, I have been working to call for measures against it. For me, elections have been something close to me, yet far away. During elections, I hold debates and interview candidates. That is why I have never been indifferent to the election results in recent years. I was deeply disappointed when the climate crisis was not an issue in the elections. However, the reason why elections were somehow unfamiliar to me was because I did not have the right to vote, let alone the right to campaign. No matter how many people who advocate climate policies appear, I cannot support them. Even if the future is at stake, I cannot speak out. In such a situation, it is difficult to think of elections and politics as part of everyday life, and the current system is too unreasonable. I want to live in a society that respects the voices of future generations who do not have the right to vote. With that feeling in mind, I became a plaintiff this time.

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

Anonymous

When I was in junior high school, I tried to support a politician in the election of the town where I live, but I was warned that it was illegal. I was very disappointed that I couldn't be involved in the election that decides the representative of the town where I live. I was very scared that I would be "arrested" if I forced myself to get involved. I felt a strong sense of helplessness that I was left out of the loop even though it was something that affected my life. After looking into it, I found that the Public Offices Election Act seems to prohibit election campaigns by people under the age of 18. The reason is to prevent them from being used by adults. However, I really wanted to support a candidate of my own volition. Isn't it strange that people under the age of 18 are prohibited from campaigning even if they are interested, but when they turn 18, they are suddenly told to go and vote? Children should not be used by adults. That's right. But that's just a matter of imposing penalties on the adults. There is no reason at all to restrict the actions of people under the age of 18 and even impose penalties. I strongly hope that we can create a society where people can support the politicians they want to support and campaign for the society they want to realize, regardless of their age.

Use of funds

The funds will be used for all litigation activities, mainly covering actual costs such as litigation fees and copying fees, fees for requesting written opinions from experts such as constitutional scholars, and transportation costs for plaintiffs.

• Litigation costs: Actual costs such as stamp duty and copying fees
• Cost of opinion letter to be requested from scholar: We plan to have an expert write the opinion letter.
• Plaintiffs' travel expenses: Plaintiffs' travel expenses to come to Tokyo for the trial
• Other donations will be used for research expenses (research into foreign legal systems), events and PR expenses.

Message from the lawyer in charge

While maintaining order in elections is of course important, we cannot help but say that maintaining it at the expense of the freedom that minors should enjoy is putting the cart before the horse. Through this lawsuit and the campaigns that will be launched using this lawsuit, we will do our utmost to restore the freedom of minors to campaign.

I hope that many people will become aware of this issue, think about it together, and lend their support to change it. I believe that your voice will be a great force in changing this unreasonable current situation.

Introducing the Lawyers

Attorney at Law, Komomo Ota (Oe, Tanaka & Oya Law Office)
Attorney at Law, Shinsaku Tada (Yamakoshi General Law Office)
Attorney Yoshiyasu Toda (LEDGE Law Office)
Attorney Daisuke Igeta (Miyamura & Igeta Law Office, Secretary General of LEDGE General Incorporated Association)
Attorney-at-Law, Taiki Taniguchi (Tokyo Public Law Office, Director of LEDGE General Incorporated Association)
Attorney at Law, Michiko Kameishi (Eclat Umeda Law Office, Representative Director of LEDGE General Incorporated Association)

About LEDGE

This lawsuit has been filed as a support case for LEDGE.

What is LEDGE? We are a group of experts who promote social change, focusing on public litigation. We collect the resources necessary for public litigation from society and provide various support to carry out more substantial and effective public litigation. We also develop campaigns to raise awareness of the issues that public litigation deals with, arouse public opinion, and move the government and politics. We work in cooperation with LEDGE, a law firm with the first lawyer in Japan who is dedicated to public litigation full-time, to support their activities. For more information, please see the link below.