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In the election, on 23 September, he defeated Aso, receiving 330 votes against Aso's 197. Fukuda was formally elected as Japan's 91st prime minister on 25 September. He received 338 votes, almost 100 more than necessary for a majority, in the House of Representatives; although the House of Councillors (the upper house), led by the opposition Democratic Party, elected Ichirō Ozawa over Fukuda by a margin of 133 to 106. This deadlock was then resolved in favor of the lower house's choice, according to Article 67 of the Constitution.