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“Provisions are reasonable” Osaka District Court dismisses appeal seeking helper's substitute ballot


When people who can not write letters vote in elections, the pros and cons of the Public Office Election Law, which restricts the person who asks for a copy to the clerk of the polling place ...

Helper dismisses appeal seeking substitute voting "Provisions are rational" Osaka District Court, February 27, 22:13


When a person who could not write letters voted in the election, the Osaka District Court ruled that the provisions of the Public Office Election Law, which limits the person who asks for a copy to the clerk of the polling place, were disputed. Decided that it was reasonable and dismissed the man's complaint, asking her helper to ask for a copy.

The Public Office Election Law stipulates that if a person who can not write letters wants a voting with substitutes, the person who asks for a substitute is limited to the clerk of the polling place in order to prevent voting different from the intention of the person himself .

Mr. Yasuhiro Nakata, 47, of Toyonaka City, Osaka, who has cerebral palsy, requested a helper who was assisted in the Upper House election four years ago, but was refused by the Election Administration Committee and abandoned the voting. did.

For this reason, a lawsuit was filed, stating that "the provisions of the law, which must inform the administrative clerk of where to vote, violate the constitution that guaranteed the secret of voting."

In a ruling on the 27th, the presiding judge of the Osaka District Court, Mr. Miwa, said, `` When voting by telling a third party such as writing, to avoid unreasonable pressure and interference from others including the third party, Sometimes it is unavoidable that the intentions of the person are not respected.The officials of the polling place, who are public servants, are politically neutral and confidential, so the rules are reasonable and do not violate the constitution. " The appeal has been dismissed.

Nakada, who met after the ruling, stated that he would appeal, stating, "I'm stupid.

Plaintiff "in the way that suits the person"

Plaintiff Yasuhiro Nakata cannot write well because of cerebral palsy.

Nevertheless, as a voters, I went to vote every time there was an election from a young age to get involved in politics directly related to life.

I used to ask my family and trusted helpers to write a handwritten voting, as I thought the paper could be torn or the characters could not be read, resulting in an invalid vote.

However, with the revision of the Public Office Election Law in 2013, the people who ask for a copy will be limited to clerks at polling places.

After that, Mr. Nakata visited the polling place with his helper in the Upper House election, but the election committee did not allow the helper to write.

Nakata abandoned voting, believing that it would not be convinced that a strange clerk on the administrative side would be able to know where to vote.

Three years ago, he filed a trial and called on the country to allow handwriting voting by helpers and others.

However, some of the acquaintances have had their votes cast by their families without confirming their intentions, and there are people who want to be written by a polling clerk.

Mr. Nakata told interviews before the judgment that even people with similar disabilities need different considerations, `` It is an excessive burden to consider the middle of the basic human rights of voting in elections. There shouldn't be anything. I want them to be able to vote the way they want. "

Ministry of Internal Affairs and Communications "appropriate handling"

According to the Ministry of Internal Affairs and Communications, review of the provisions of the Public Office Election Law is not being considered at this time.

The ruling on the 27th, when the state's claim was approved, said, "We will take appropriate action in consultation with relevant ministries and agencies based on the content."

Provisions on handwriting are included when the Public Election Law is revised in 2013

The provision to limit the people who ask for a copy in election voting to clerks at polling places was included when the Public Office Election Law was revised in 2013.

The original purpose of this amendment was to restore the right to vote for those who used the Adult Guardianship System. Until then, according to another provision of the Public Office Election Law, if a person with intellectual disability or dementia used the guardianship system, it was regarded as having lost their ability to judge, and they lost the right to vote. The State has amended the law following a judicial ruling that found it violated the Constitution.

On the other hand, in order to prevent unauthorized voting that is different from the person's intention, it has been newly stipulated that only those who engage in clerical work at polling places are limited to those who ask for a handwriting that did not have a clear standard until then .

In this case, the plaintiff said, "It is a violation of the Constitution that guarantees the secret of voting because it is necessary to inform the stranger clerk of the administrative side of the voting place. There is no need to limit handwriting to clerks. "

The government, on the other hand, said, "In elections in which a large number of votes will be held in a short period of time, it is difficult to clearly distinguish between those who have the ability to judge and those who do not, causing confusion in the election. Security does not prevail over ensuring the fairness of the elections. "

Source: nhk

life 2020/04/10    

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