Restrictions on voting rights of prisoners to be decided by the Constitution - Supreme Court concludes lawsuit over public election law provisions

On the 14th, the Supreme Court's Grand Bench (presiding judge and Chief Justice Yukihiko Imazaki) concluded an appeal hearing in a lawsuit in which it was argued whether the provision of the Public Elections Act, which does not uniformly recognize the right to vote for prisoners, violates the Constitution. The first and second instances ruled that it is constitutional, and the Grand Court is expected to issue its first constitutional judgment by the end of the year.

Restricting inmates' voting rights is ``unconstitutional''; list registration allowed - Takamatsu District Court

The Public Elections Act does not allow those sentenced to imprisonment or worse the right to vote until the sentence is completed. In 2005, the Supreme Court ruled in a lawsuit over the voting rights of Japanese nationals living overseas that, ``As a general rule, restrictions on voting rights are not allowed, except for those who themselves have committed acts that undermine the integrity of elections, and there must be a compelling reason for such restrictions.''

At the day's argument, the plaintiff, a 40-year-old man, expressed his opinion, ``Even in prison, each person has an interest in politics. Don't take away their rights just because they're inmates.'' The attorney representing him pointed out that the right to vote is guaranteed as a right unique to citizens. He argued that the integrity of the election would not be harmed even if prisoners serving sentences for crimes other than election crimes vote.

The government, on the other hand, countered by saying, ``Prisoners are people who have seriously violated the law and order and are not eligible to exercise their right to vote.'' He argued that the fixed period of imprisonment was necessary and reasonable.