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UNCLAS SECTION 01 OF 02 TOKYO 001894 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV JA
SUBJECT: POST-LOWER HOUSE ELECTION MECHANICS 
 
REF: TOKYO 1686 
 
¶1.  (SBU)  Summary:  Regardless of who emerges victorious in 
the August 30 election, the mechanics for forming a new 
government are determined by Japan's Constitution.  These 
include calling a special session of the Diet to order and 
electing a new Prime Minister.  With the Pittsburgh Summit 
and UNGA only three weeks after the election, the winning 
party will likely move swiftly to form a new government. 
Most Embassy Tokyo contacts predict a 10-14 day period before 
a new government is formed.  Until then, the current Prime 
Minster and Cabinet remain in office.  End summary. 
 
- - - - - - - - - - - - - - 
SPECIAL SESSION OF THE DIET 
- - - - - - - - - - - - - - 
 
¶2.  (U)  The first order of business in forming a new 
government after an election is convening a special session 
of the Diet within 30 days (by September 29 in this case). 
Immediately after the election, leaders of the party with a 
Lower House majority consult with other party heads to 
determine the starting date of this session.  Once the date 
has been set, the Emperor calls the special session to order. 
 The duration of the session is determined by both the Lower 
House and Upper House.  If they disagree, the Lower House 
makes the final decision.  The special session can be 
extended twice. 
 
¶3. (SBU)  The calendar of international events will be a key 
factor in how quickly the victorious party seeks to call a 
special session.  With the Pittsburgh Summit scheduled for 
September 20 and the UNGA shortly thereafter, the victorious 
party will likely move swiftly to convene a special session 
and form a government.  Most Embassy Tokyo contacts predict 
that a period of 10-14 days before a new government is in 
place.  Until then, the current Prime Minister and Cabinet 
will remain in office. 
 
- - - - - - - - - - - - - - - 
CREATION OF A NEW GOVERNMENT 
- - - - - - - - - - - - - - - 
 
¶4.  (U)  The constitution (Article 70) states that the first 
order of business at the special session is the resignation 
of all current Cabinet members.  Next, the Speaker of the 
Lower House is elected by Diet members.  The candidate with 
the majority of votes wins.  Traditionally, the Speaker is 
selected from the ruling party or coalition, and the Vice 
Speaker from the opposition.  Once elected, both give up 
their party affiliations and become independent Diet members. 
 
¶5.  (U)  Usually on the same day, the Diet votes on the new 
prime minister.  Both the Lower and Upper Houses select a new 
prime minister, or redesignate the current one.  If the 
houses do not agree on a designee or the Upper House fails to 
put forth a designee within ten days, the Lower House's 
designee becomes prime minister.  After the decision is made, 
the Speaker of the Lower House reports the result to the 
Emperor, who must swear in the prime minister-designate 
before he/she can officially assume their duties.  The 
process of imperial swearing-in takes about one to 
one-and-a-half days, depending on the Emperor's schedule. 
 
¶6.  (U)  Once sworn in by the Emperor, the prime minister can 
officially appoint his/her ministers-designate.  In reality, 
however, the prime minister-designate is likely to have lined 
up his or her Cabinet picks in advance.  After he or she has 
been nominated, the prime minister-designate usually sets up 
a Cabinet Formation Headquarters in the kantei (prime 
minister's office) for deliberation, then calls in the state 
ministers-designate to inform them which position they are 
requested to take up.  After that, the Emperor officially 
approves the prime minister's picks for Cabinet positions. 
Although there is no law that limits the number of days 
 
TOKYO 00001894  002 OF 002 
 
 
within which a Cabinet must be selected, prime ministers 
traditionally have appointed their ministers within a week of 
being designated. 
ZUMWALT