Tokyo High Court overturns ruling that voided Nasu mayor's election win
In short
The Tokyo High Court on October 8 overturned the Tochigi prefectural election commission's ruling that had invalidated incumbent Yukihiro Hirayama's win in the March mayoral election in Nasu town. The commission had re-examined disputed ballots that mixed Hirayama's and rival Noriyuki Oyamada's names and found Oyamada ahead by 5,106 votes to 5,104. Mainichi Shimbun reported that Hirayama's win will stand if the judgment becomes final.
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The Tokyo High Court on October 8 cancelled a ruling by the Tochigi prefectural election commission that had invalidated the election of Yukihiro Hirayama (平山幸宏) as mayor of Nasu town, in a lawsuit Hirayama brought against the commission, Asahi Shimbun, Mainichi Shimbun and NHK reported. Asahi said the judgment, delivered by a panel under presiding judge Ehara (江原健志), recognised Hirayama's election. Mainichi said that if the judgment becomes final, Hirayama's win will stand. [ 2 , 4 , 5 ]
Three candidates stood in the March mayoral election, which Asahi described as in effect a two-way race between Hirayama, the incumbent, and newcomer Noriyuki Oyamada (小山田典之). Mainichi gave Hirayama's age as 64 and described Oyamada, 65, as a former town assembly member. In the initial count Hirayama received 5,099 votes and Oyamada 5,098. Mainichi said Oyamada sought a re-examination; Asahi said the town election commission re-examined all ballots in April. Two of Oyamada's votes were ruled invalid, and Hirayama won by three votes, securing a third term, according to Mainichi. [ 2 , 4 ]
The deciding issue was ballots that mixed the two candidates' names, such as "Hirayama Noriyuki" and "Oyamada Yukihiro". The town commission treated them as invalid. Asahi put the number of such ballots at 16; Mainichi said 17 ballots, including those mixing the names, were ruled invalid. [ 2 , 4 ]
After Oyamada's objection, the prefectural commission ruled in June that these ballots counted for the candidate whose surname was written, Mainichi reported. It cited the similar sound of the given names Noriyuki and Yukihiro, campaign posters that emphasised both men's surnames, and a layout of candidate names at the ballot-writing desks that was easy to misread. Mainichi said 7 such ballots went to Hirayama and 10 to Oyamada, and the commission also invalidated two of Hirayama's votes, such as ballots with a circle written outside the name field. The result was 5,106 votes for Oyamada and 5,104 for Hirayama, and the commission ruled Hirayama's election invalid. [ 2 , 4 ]
In the lawsuit, Hirayama's side argued that there is no legal basis for giving the surname priority over the given name when judging such ballots, and that ballots mixing the two names should be invalid, Mainichi reported. [ 4 ]
Asahi reported that Nasu decided in September to introduce electronic voting, beginning with the town assembly election in February 2027, in which voters will choose one candidate from names shown on devices such as tablets. [ 2 ]
Why it matters
If the judgment becomes final, Hirayama stays in office and the prefectural commission's finding that Oyamada had more votes no longer applies, according to Mainichi Shimbun. The case turned on how to count ballots that combined one candidate's surname with the other's given name. Asahi Shimbun noted that Nasu decided in September to introduce electronic voting from the February 2027 town assembly election.
Key facts
- On October 8 the Tokyo High Court cancelled the Tochigi prefectural election commission's ruling that had invalidated Yukihiro Hirayama's election as Nasu mayor. [ 2 , 4 , 5 ]
- In the initial count of the March election Hirayama received 5,099 votes, one more than Noriyuki Oyamada. [ 2 , 4 ]
- After the town election commission re-examined the ballots, Oyamada lost two votes and Hirayama's margin widened to three. [ 2 , 4 ]
- The prefectural election commission's review put Oyamada at 5,106 votes and Hirayama at 5,104, reversing the result. [ 2 , 4 ]
- The dispute centred on ballots that mixed the two candidates' names, such as "Hirayama Noriyuki" and "Oyamada Yukihiro". [ 2 , 4 ]
- Mainichi Shimbun reported that Hirayama's win will stand if the judgment becomes final. [ 4 ]
- Nasu decided in September to introduce electronic voting, starting with the town assembly election in February 2027. [ 2 ]
Confirmed by several sources
- The Tokyo High Court cancelled the prefectural election commission's ruling that invalidated Hirayama's election as Nasu mayor. [ 2 , 4 , 5 ]
- Hirayama initially won the March election by one vote, with 5,099 votes. [ 2 , 4 ]
- The prefectural election commission counted 5,106 votes for Oyamada and 5,104 for Hirayama. [ 2 , 4 ]
- The town election commission's re-examination left Hirayama three votes ahead. [ 2 , 4 ]
Still unclear
- How many name-mixing ballots were in dispute. Asahi Shimbun put the number at 16, while Mainichi Shimbun said 17 ballots, including those mixing the names, were ruled invalid by the town commission and described 7 counted for Hirayama and 10 for Oyamada by the prefectural commission.
- Whether the judgment will become final. Mainichi Shimbun said Hirayama's win stands if the judgment becomes final; the documents do not say whether an appeal is planned.
- The court's reasoning. The documents report the outcome and the parties' positions but not the grounds the court gave.
What local media are saying
Timeline, local time
- Asahi Shimbun reports that the Tokyo High Court cancelled the ruling invalidating Hirayama's election and recognised his win. [ 2 ]
- Mainichi Shimbun reports the judgment and says Hirayama's win stands if it becomes final. [ 4 ]
- NHK reports that the court accepted Hirayama's claim and cancelled the ruling. [ 5 ]