Running for Office in Japan? A Deep Dive into the Election Deposit System (Kyotaku)

Japanese Attorney at Law - Bengoshi L.L.

• 8 min read

Standing for public office in Japan is a significant undertaking, involving not only political campaigning but also adherence to a unique set of legal and procedural requirements. One of
the most distinctive, and often financially substantial, of these is the election deposit system (選挙供託制度 - senkyo kyotaku seido). This system mandates that prospective candidates, or entities nominating them, deposit a considerable sum of money or securities with a designated government office as a prerequisite for their candidacy. This article provides a comprehensive exploration of Japan's election deposit system, detailing its rationale, the intricate application procedures, and the critical conditions that determine whether a deposit is returned or forfeited.

  1. Governing Legislation: The primary law underpinning this system is Japan's Public Offices Election Act (公職選挙法 - Kōshoku Senkyo Hō). This Act, along with its related ordinances and regulations, specifies the amounts, procedures, and conditions for election deposits.
  2. Stated Purpose: Officially, the election deposit system is intended to ensure the seriousness of candidacies and to prevent frivolous or insincere individuals from running for public office, thereby maintaining the integrity and efficiency of the electoral process. The idea is that requiring a significant financial commitment filters out those who are not genuinely prepared or supported. However, it's worth noting that this system is sometimes subject to public and academic debate regarding its potential as a barrier to entry for less affluent candidates or newer political movements.
  3. The Depositee (被供託者 - Hi-kyotakusha): The deposit is not made to the candidate or a private entity. Instead, the legal "depositee"—the entity for whose ultimate benefit the funds may be forfeited—is the State of Japan (for national elections like those for the Diet) or the relevant local public entity (e.g., prefecture or municipality, for local elections like gubernatorial or mayoral races, or local assembly elections).

Making the Election Deposit: The "Kyotaku" Process

The act of making an election deposit is a formal legal procedure known as kyotaku.

  1. Who Can Make the Deposit? The Public Offices Election Act specifies who is eligible to make the deposit:
    • The candidate themselves (本人による届出 - honnin ni yoru todokede).
    • A person recommending the candidate (推薦の届出 - suisen no todokede), if this method of nomination is permitted for the specific type of election.
    • A registered political party or other recognized political organization (政党その他の政治団体による届出 - seitō sonota no seiji dantai ni yoru todokede) on behalf of its officially endorsed candidate(s), particularly in proportional representation elections or when a party fields multiple candidates.
  2. Amount of Deposit (供託金額 - Kyōtaku Kingaku):
    The required deposit amount varies significantly based on the public office being sought. These sums are substantial and are stipulated by the Public Offices Election Act. As of early 2025, indicative amounts (which are subject to change by law) include:
    • Member of the House of Representatives (Lower House of the Diet):
      • Single-seat constituency: ¥3 million.
      • Proportional representation segment (if a candidate is listed on both a constituency and a proportional list, an additional ¥3 million, totaling ¥6 million; if only on a proportional list, ¥6 million per candidate on that list, paid by the party).
    • Member of the House of Councillors (Upper House of the Diet):
      • Electoral district (constituency): ¥3 million.
      • Proportional representation (nationwide): ¥6 million per candidate listed by a party.
    • Prefectural Governor: ¥3 million.
    • Mayor of a designated city: ¥2.4 million.
    • Prefectural Assembly Member: Ranges from ¥300,000 to ¥600,000 depending on the scale.
    • Municipal Assembly Member: Ranges from ¥150,000 (for towns/villages) to ¥500,000 (for designated cities).
  3. Form of Deposit (供託物 - Kyōtakubutsu):
    • The deposit is typically made in cash (Japanese Yen).
    • However, the Public Offices Election Act also permits the use of Japanese Government Bonds (JGBs) or certain other securities designated by law, valued at their face amount (or a prescribed valuation rate if different).
  4. Where to Deposit (供託所 - Kyōtakusho):
    The deposit must be made with the Legal Affairs Bureau (Hōmukyoku 法務局) or its relevant branch office that has jurisdiction over the Election Management Commission (Senkyo Kanri Iinkai 選挙管理委員会) overseeing the specific election for which the candidate is filing.
  5. The Deposit Application Form (Kyotakusho 供託書) and Procedures:
    A formal application must be submitted to the Deposit Office. Key information required on this form typically includes:
    • Date of application.
    • Name of the designated Deposit Office.
    • Full name and address of the depositor (the candidate, recommender, or political party making the deposit).
    • Full name of the depositee (e.g., "State of Japan" (for national elections) or "XYZ Prefecture" (for prefectural elections)).
    • The exact deposit amount and whether it is in cash or securities.
    • The Governing Law Article: Citing the specific article of the Public Offices Election Act that mandates the deposit for that particular election (e.g., Article 92 for most Diet elections).
    • Facts Constituting the Cause for Deposit (供託の原因たる事実 - kyotaku no gen'in taru jijitsu): This section must clearly state the purpose of the deposit, for example: "Deposit for candidacy in the [Year] [Name of Election, e.g., General Election for the House of Representatives] for the [Name of Constituency or Proportional Representation Bloc, if applicable] by candidate [Full Name of Candidate]."
    • Remarks (備考 - bikō): This section may be used for additional pertinent information, such as if a political party is making a collective deposit for a list of candidates, or if an agent is acting on behalf of the depositor.
    • Attached Documents (添付書面 - tenpu shomen):
      • If an agent is making the deposit on behalf of the candidate or party, a formal Power of Attorney is required.
      • If a political party is making the deposit, specific certifications verifying the party's status and the official list of candidates it is sponsoring for that deposit may be necessary.
    • Timing of Deposit and Proof: The deposit must typically be completed, and a certificate of deposit (kyotakusho shōhon) obtained from the Deposit Office, before or at the time of officially submitting the candidacy registration papers to the Election Management Commission. This deposit certificate is usually a mandatory document for the candidacy to be accepted. The deposit itself has a payment due date, usually very close to the candidacy filing period.

The Fate of the Deposit: Return or Forfeiture?

Once the election concludes, the fate of the deposited sum hinges on the candidate's performance and adherence to election laws.

1. Return of the Deposit (取戻請求 - Torimodoshi Seikyū)

The deposit is returned in full to the depositor (or a pre-designated recipient if the depositor was, for example, a political party) under several conditions outlined in the Public Offices Election Act:

  • Winning the Election: If the candidate is successfully elected.
  • Achieving a Minimum Threshold of Votes (The "Confiscation Point" - 没収点 bosshū-ten): This is the most common condition for the return of a deposit for candidates who are not elected. The threshold (the minimum number of votes needed to avoid forfeiture) varies depending on the type of election:
    • For single-seat constituencies (e.g., most House of Representatives seats, prefectural governor, mayor): Typically, the candidate must receive valid votes equivalent to at least one-tenth (1/10th) of the total valid votes cast in that constituency.
    • For proportional representation segments (e.g., for the House of Representatives or House of Councillors): The calculation can be more complex, often related to the number of seats allocated to the bloc divided by a certain factor, but a common benchmark is for a party's list (or candidate on it) to effectively secure votes equivalent to a certain fraction related to winning a seat, or for individual candidates, a fraction of the average votes per seat. For example, for a proportional representation candidate in the House of Councillors, it might be one-eighth of (total valid votes in the bloc / number of fixed seats for that bloc).
  • Withdrawal of Candidacy: If the candidate officially withdraws their candidacy before a legally stipulated deadline (usually very early in the official campaign period).
  • Death of Candidate: If the candidate passes away before election day.
  • Election Invalidation: If the election itself is subsequently invalidated by a court for reasons not attributable to the candidate or their campaign.
  • No Contest (Uncontested Election - 無投票当選 mutōhyō tōsen): If the candidate is deemed elected without a vote because the number of candidates does not exceed the number of available seats.
  • Other Specific Circumstances: Such as a political party failing to nominate the required number of candidates for its proportional representation list after making a deposit.

Procedure for Claiming Return of Deposit:

  1. The depositor (or their authorized agent) files a "Request for Refund of Deposited Money/Securities" (Kyōtakukin/Kyōtaku Yūkashōken Haraidashi Seikyūsho) with the same Deposit Office where the deposit was originally made.
  2. The most crucial accompanying document is a certificate issued by the relevant Election Management Commission. This certificate must officially verify that the conditions for the return of the deposit have been met (e.g., certifying the number of votes the candidate received, confirming the candidate's victory, or stating that the candidacy was withdrawn by the deadline).
  3. Other standard identification and authorization documents may also be required.

2. Forfeiture of the Deposit (没取 - Bosshū)

The deposit is forfeited to the State (National Treasury) for national elections, or to the treasury of the relevant local public entity for local elections, under the following primary conditions:

  • Failure to Achieve the Minimum Vote Threshold: If the candidate does not receive the legally required minimum number of votes (i.e., falls below the "confiscation point"). This is the most common reason for forfeiture.
  • Disqualification or Invalid Candidacy: If the candidate is disqualified during the campaign for serious violations of election law, or if their candidacy is deemed invalid after filing for certain procedural deficiencies.
  • Withdrawal After Deadline: If a candidate withdraws after the legally permitted deadline for withdrawal with deposit return.

Procedure for Forfeiture (没取の手続 - Bosshū no Tetsuzuki):
The process of forfeiture is generally initiated by the Election Management Commission.

  1. The Election Management Commission determines that a candidate's deposit is subject to forfeiture (e.g., due to insufficient votes).
  2. The Commission officially notifies the Deposit Officer at the relevant Legal Affairs Bureau of this fact, providing the necessary documentation.
  3. If the deposit was made in cash: The Deposit Officer, following established internal treasury procedures, transfers the forfeited monetary amount from the specific deposit account to the National Treasury or the treasury of the relevant local government, as appropriate.
  4. If the deposit was made in securities (e.g., JGBs):
    • If the securities have reached their redemption date (償還期到来 - shōkanki tōrai) by the time of forfeiture processing: The Deposit Officer will arrange for the redemption of these securities, and the cash proceeds will then be transferred to the Treasury or local government.
    • If the securities have not yet reached their redemption date: The approach can vary. The securities themselves might be transferred to the relevant government body if it is equipped to hold them. Alternatively, under specific regulations or instructions, the Deposit Officer may arrange for the sale or liquidation of the securities in the market, with the net cash proceeds then being transferred. The aim is to realize the value for the state or local entity.

Other Important Considerations

  • No Interest Accrual: Election deposits made in cash and held by the Deposit Office generally do not accrue interest for the benefit of the depositor.
  • Use of Agents: Candidates or parties can appoint an agent (e.g., a campaign treasurer, lawyer, or judicial scrivener) to handle the deposit and subsequent refund claim procedures, provided a valid power of attorney is submitted.

International Perspective (Briefly)

It is worth noting that while such substantial monetary deposit requirements for candidacy are a defining feature of the Japanese electoral system, they are not universally common across all democracies. For example, the federal election system in the United States does not employ a similar candidate deposit scheme, although filing fees or signature petition requirements exist. Various forms of candidate deposits do exist in other countries, often with similar rationales but differing amounts and conditions for return or forfeiture. The Japanese system, with its relatively high deposit amounts for major offices, is sometimes critiqued as potentially creating a financial barrier that could discourage participation by less well-funded individuals or smaller political parties.

Conclusion: A High-Stakes Prerequisite for Japanese Candidacy

The election deposit system is an undeniable and often financially demanding component of participating in public office elections in Japan. It serves as a formal mechanism intended by lawmakers to ensure a degree of seriousness among candidates, but it simultaneously represents a significant financial hurdle that all aspiring public officials must clear.

Prospective candidates, their recommenders, and sponsoring political parties must meticulously understand and adhere to the detailed procedures for making the deposit, including the correct amounts, forms, documentation, and deadlines. Equally critical is a clear understanding of the conditions under which the deposit will be returned or forfeited, as this has direct financial consequences. The entire process involves precise interactions between the candidate or their representatives, the relevant Election Management Commission (which certifies eligibility for refund), and the Legal Affairs Bureau (Deposit Office) which manages the funds. Navigating this system successfully is a fundamental first step on the path to seeking public office in Japan.