THE A C T of 27th September, 1990
ON ELECTION OF THE PRESIDENT
(Unified text prepared by the National Electoral Office)
Unofficial translation
KRAJOWE BIURO WYBORCZE
NATIONAL ELECTORAL OFFICE
WARSAW
2004
C O N T
E N T S
CHAPTER
ARTICLES
1. General Provisions 1 - 8
2. Electoral Commissions 9 - 21
3. Polling Wards 22 – 24
4. Roll of Voters 25 - 39
5.Nomination of Candidates for the
President of the Republic 40 - 45
6. Ballot Paper 46 - 48
7. Voting 49 - 60
8. Establishment of Results of Voting 61 –66b
Establishment of Results
of Voting and of Election
of the President of the Republic 66c
Validity of Election
of the President of the Republic 72 – 76a
11. Election Campaign 76b – 83b
12. Financing of the Election 84 - 88
12a Punitive Provisions 88 – 88k
13. Special and Final Provisions 88 l - 91
CHAPTER 1
General Provisions
Article 1. The Act describes the rules and procedure of
submission of candidates and election of the President of the
Article 2. The election shall be universal; every citizen of
Article 3. The following persons shall not have the right to vote:
1) those deprived of public rights by a final ruling of a court,
2) those deprived of electoral rights by a ruling of the Tribunal of State,
3) those deprived of legal capacity by a final ruling of a court.
Article 4. The election shall be equal; electors shall take part in the election on an equal basis.
Article 5. The election shall be direct; the President of the Republic shall be elected directly by electors; an elector shall be able to vote in person only.
Article 6. The election shall be performed by secret ballot; in the polling station there have to be screened places to ensure secret voting; the ballot paper shall be put into a sealed ballot box.
1. The election of the President of the Republic shall be ordered by the Marshall of the Seym no sooner than 7 months and no later than 6 months before the expiry of the term of office of the serving President, and shall fix the date of election on a non-working day, prescribed by law, no sooner than 100 days and no later than 75 days before the expiry of the term of office of the serving President of the Republic.
2. In the event of the President of the Republic resigning his/her post, the Marshall of the Seym shall order the election not later than the 14th day after the office becomes vacant and shall fix the date of election on non-working day within 60 days of the date of the mentioned order.
1.
2. The decision, mentioned in paragraph 1, the Marshalll of the Seym, after having taken the opinion of the National Electoral Commission above, shall specify the days on which the time – limits for performance of those activities provided for in this Act (the calendar of elections) expire.
1. The President of the Republic shall hold office for 5 years and may be re-elected only once.
2. The newly-elected President makes an oath in the presence of the National Assembly on the last day of office of the retiring President of the Republic.
3. The retiring President of the Republic shall end his/her office following the oath of the newly elected President of the Republic.
4. The President of the Republic, elected in an election referred to in the Article 7, paragraph 2, shall make an oath in the presence of the National Assembly no later, than the 7th day following the determination of the validity of elections.
5. The President of the Republic shall enter office after making an oath.
1. If no candidate has gained more than half of the valid votes cast in the election, mentioned by Article 7, a second ballot shall be held on the 14th day following the first ballot.
2. The second ballot shall be held between the two candidates who have gained the largest number of votes cast in the first ballot.
3. If from among the two candidates mentioned in the paragraph 2, any candidate shall withdraw his/her consent for candidacy, forfeits the right to vote or die, the ballot shall be held with the participation of the next candidate who sequentially has got the largest number of votes cast in the first round. If such a case occurred, the date of the second ballot shall be postponed for another 14 days.
4. The candidate shall be elected President of the Republic, if he/she has gained a majority of valid votes cast in the repeat ballot.
5. In the event, referred to in paragraph 3, the National Electoral Commission shall immediately inform, in a resolution, the admission of the new candidate to stand in the repeated elections and shall publicise the day of the second ballot.
2. The
3. If there are no candidates, the provisions of paragraph 1 shall apply accordingly.
CHAPTER 2
Electoral Commissions
Article 9. The election of the President of the Republic shall be conducted by:
1) The National Electoral Commission - established on the basis of separate provisions;
2) Constituency electoral commissions;
3) Ward electoral commissions.
1. The duties of the National Electoral Commission shall include, in particular:
1) the supervision of observance of electoral law;
2) the registration of candidates for President of the Republic and the publication of data concerning the candidates who are placed on the electoral list;
3) the ordering of the printing of ballot papers;
4) the appointment of the constituency electoral commissions;
5) the investigation of complaints against the actions of constituency electoral commissions;
6) the determination of the result of voting and of the election of the President of the Republic;
7) the publication of the result of voting and the election of the President of the Republic;
7a) realisation of other duties described in the acts of law;
8) (deleted)
2. The National Electoral Commission shall specify the territorial sphere of activity of the constituency electoral commissions and their seats.
3. The National Electoral Commission shall issue binding instructions to the local electoral commissions and explanations to the organs of government administration and local-government administration as well as to their subordinated units that realise tasks connected with the conduct of elections.
4. The National Electoral Commission shall rescind any resolution of the constituency electoral commissions passed contrary to law or inconsistent with their guidelines and shall refer any such case to the appropriate commission for reconsideration, or shall take decision by itself in the matter.
5. The National Electoral Commission may, for the time of elections, create its own inspectorate and specify its duties. The provisions of article 19, paragraphs 1, and 3 to 5, shall apply accordingly to the persons appointed to the inspectorate.
6. The National Electoral Commission shall adopt resolutions within the scope of its authority.
Article 11. The duties of the constituency electoral commission, performed within its territorial jurisdiction shall include:
1) the supervision of the implementation of electoral law by ward electoral commissions;
2) the assurance, in cooperation with the Voivode*) and the organs of appropriate local administration units, of the conduct of election;
3) the investigation of complaints against actions of the ward electoral commissions;
4) the assurance of delivery of ballot papers to ward electoral commissions;
5) the establishment of aggregate results of votes cast on candidates for President of the Republic, and the submission of the given results to the National Electoral Commission, together with the voting returns prepared by ward electoral commissions.
Article 13. The duties of the ward electoral commissions shall include, in particular:
1) the organization and supervision of voting in the polling ward;
2) the supervision of the observance of electoral law at the time and place of voting;
3) the establishment of voting returns in the wards and their delivery to the relevant constituency electoral commission.
1.The National Electoral Commission shall appoint constituency electoral commissions no later than the 45th day before the polling day.
2.The constituency electoral commission shall be composed of 5 judges, in them 4 judges designated by the Minister of Justice, and ex officio, as its chairman, the electoral commissioner, appointed pursuant to separate provisions. The retired judge may be appointed to the commission too.
3.If the electoral commissioner is unable to perform the office of a chairman of the commission, the commission shall itself elect its chairman from amongst its own members. In such a case the Minister of Justice shall designate 5 judges to the commission.
3a. The commission shall elect, on their first meeting, a deputy chairman and a secretary of the commission. The head of the locally appropriate unit of the National Electoral Office or a person designated by him/her shall be appointed as a secretary. The secretary shall participate in activities of the commission in an advisory capacity.
4. The composition of constituency electoral commissions shall be promptly published in a customary manner.
1. Head of a commune (mayor, president of town) shall appoint ward electoral commissions, composed of 5 to 9 members, no later than the 21st day before polling day. The candidates to the commission are designated from amongst voters of the given commune by agents of election committees or by persons authorised by them. A person designated by the head of a commune (mayor, president of town) from amongst the local-government employees of the commune or their subordinate units shall be incorporated “ex officio” as a member of the commission.
2. The election committees shall designate candidates to the ward electoral commission, one from each election committee, no later than 30 days before the polling day. Should the number of candidates submitted exceed the officially established number, the composition of the commission will be decided by drawing lots, executed publicly by head of a commune (mayor, president of town).
3. Should the number of candidates, submitted pursuant provisions of paragraph 1 be lower, than permitted by law, the vacancy in the commission shall be filled by head of a commune (mayor, president of town) from amongst the candidates additionally designated by agents of election committees in 3 days time following the date fixed respectively in paragraph 2.
4. Should despite prolongation of the time limit the number of designated candidates be lower from the officially established minimum number of members of the commission, the composition of the commission shall be complemented, from amongst voters, by head of a commune (mayor, president of town).
5. Procedure of designation of the candidates, specimen of the form of designation as well as the rules specifying creation of ward electoral commissions, in particular the method of drawing lots, shall be established in an order, on a motion of the National Electoral Commission, by the Minister competent for public administration.
6. The ward electoral commission existing in wards created on the board of Polish sea-vessels, referred to in the Article 23, par. 4, and abroad, shall be appointed from amongst voters by captains of those ships as well as consuls, respectively. The rules, procedure and the time-limits for setting up such commissions shall be laid down in an order, given on the motion of the National Electoral Commission, by the Minister competent for marine economy and the Minister competent for foreign affairs, respectively.
7. Ward electoral commissions shall on their first plenary meeting, elect a chairman and his/her deputy. The composition of the commission shall be published in a customary manner.
8. The person designated to the commission by the head of a commune (mayor, president of a town) from amongst the employees of the commune or its units shall not perform functions of a chairman or deputy-chairman of the commission.
9. In polling wards created for electors staying in penal institutions and places of remand, a person designated by the head of a commune (mayor, president of a town) form amongst employees of such penal institution shall be incorporated into the commission as its member.
Article 17. The National Electoral Commission shall establish regulations for the constituency and ward electoral commissions and shall specify in those regulations the procedure of their work and the manner of executing their duties.
Article 18. The National Electoral Commission shall create:
1) specimens of the seal used by electoral commissions,
2) specimens of the record of voting,
3) specimens of the return with the results of the election,
4) specimens of the ballot paper.
1. Any member of the electoral commissions shall be entitled to:
1) a per diem allowance and compensation for travel expenses;
2) the lump sum allowances for the time devoted to conduct of the vote as well as for establishing the result of the vote
subject to the rules and in amounts established in an order by the Minister competent for public administration affairs, after seeking an opinion of the National Electoral Commission.
2. Members of the National Electoral Commission and electoral commissioners shall not be entitled to the lump sum allowances, referred to in paragraph 1.
3. Members of the electoral commissions shall be entitled to maximum 5 days leave from work without pay from their employers for the time devoted to the conduct of the vote; during which time they shall retain rights to social insurance benefits and benefits resulted from the work relations.
4. Members of electoral commissions shall have the benefit of legal protection provided to public functionaries and shall bear responsibility equal to the responsibility of public functionaries.
5. Members of the commission shall be entitled to a recompense in an amount and according to the rules on social insurance benefits of employees for accidents at work or occupational diseases, if they meet with an accident while performing the commission’s duties or on the way to or from the place of their execution, The recompense shall be paid by the Social Insurance Institution (ZUS) and the head of territorially competent unit of the National Electoral Office shall institute the accident proceedings.
Article 20. The composition of a Constituency Electoral Commission may be changed in result of:
1) resignation from its membership;
2) a motion of the Minister of Justice;
3) death of a member.
A vacancy in the commission shall be filled pursuant to the provision of appointment thereof.
Article 20a. Changes and filling of vacancy in the membership of the commission shall be performed pursuant to the provisions on appointment thereto.
Article 20b. The National Electoral Commission shall dissolve the constituency and ward electoral commissions after fulfilling duties described in this Act.
Article 21. 1. Services for the National Electoral Commission and for constituency electoral commissions shall be ensured respectively by the National Electoral Office established on the basis of separate provisions.
2 Services and technical and material assistance for the work of the ward electoral commissions shall be ensured, as a duty ascribed to the commune, by the head of the commune, the mayor (president of a town).
3. The duties, provided in paragraph 2 shall apply, respectively, to the captains of Polish ships and consuls.
1. Organisational units, performing permanent administration over State and communal property shall be responsible for rendering, free of charge, any accommodation indicated by the Marshall of a Voivodeship (or Voivode (head of a province)), a starost (head of a district) and head of a commune (mayor, president of a town) devoted for a seat of constituency electoral commissions as well as ward electoral commissions.
2. Accommodation being under administration of other subjects than indicated in paragraph 1 may be recommended for a seat of electoral commissions too, after arranging matters with administrators of that accommodation.
CHAPTER 3
Polling Wards
1. In the election of the President of the Republic, voting shall be held in permanent electoral wards established on the territory of a commune on the basis of the provisions of the Act of 16th July 1998 – on Elections to commune councils, district councils and voivodeship councils (unified text of 28th August 2003 - Journal of Laws No. 159, item 1547); provisions of paragraphs 3 and 4 shall apply accordingly.
2. Changes in division into polling wards, should such necessity results from the changes in boundaries of a commune or changes in the number of inhabitants of a commune, are executed pursuant to the principles and procedures specified in provisions of the Act, mentioned in paragraph 1 above, no later than 45 days before the polling day.
3. Polling wards may be established in hospitals, welfare homes if they are dwelled by at least by 50 voters; should the number of voters be lower, the polling ward may be created after consultation with the head of a hospital or welfare home.
4. Polling wards may be established for voters staying in prisons and custody centres as well as outside departments of such institutions. Relinquishment of creation of such polling ward shall be possible on the motivated motion of the head of a prison or custody centre, respectively.
5. The council of a commune shall establish, on a motion of a head of the commune (mayor, president of a town), polling wards mentioned in paragraphs 3 and 4, and shall specify its consecutive numbers, boundaries and seats of ward electoral commissions. The creation of such wards shall be done no later than 42 days before the polling day.
6. Should the time-limit mentioned in paragraph 5 expire ineffectively, the appropriate Voivode realise the above duties on the 42nd day before the polling day at the very latest.
Article 23. 1. Polling wards shall be established for Polish citizens staying abroad.
2. The wards mentioned in paragraph 1 above, shall be created the Minister competent for foreign affairs, in an order, after consultation with the National Electoral Commission, and shall indicate tee seats of ward electoral commissions. The results of the ballot done in those wards shall be transmitted to the appropriate constituency electoral commission of the commune Warszawa Centrum.
3. Polling wards shall be established for voters aboard Polish sea-ships continuing their voyage in the period of time including polling day, if there are at least 15 voters staying aboard, and there is an opportunity to transmit the results of voting immediately after its conclusion, to the appropriate constituency electoral commission of the commune Warszawa Centrum.
4.According to the above Act, the expression: “Polish sea-ship” means the ship being exclusively a property of the Polish ship-owner having its seat in Poland, bearing flag of Poland and being under command of a Polish captain. The results of the ballot done in those wards shall be transmitted to the constituency electoral commission appropriate for the location of the ship-owner.
5. The wards mentioned in paragraph 3 above, shall be created the Minister competent for marine economy, at the request of the ship-owner submitted made no later then on 30 day prior the polling day, in an order, after consultation with the National Electoral Commission. The results of the ballot done in those wards shall be transmitted to the appropriate constituency electoral commission proper to the seat of the ship-owner.
Article 24. 1. Information on the consecutive numbers and the boundaries of polling wards, as well as on the location of ward electoral commissions shall be made public, in an announcement, by head of a commune (mayor, president of a town) no later than the 35th day before the polling day.
2. The obligation, referred to in paragraph 1, in respect of polling wards established abroad, shall lie with consuls. Realisation of such a task shall be executed no later than 21st day before the polling day.
3. The captain of a ship shall inform voters on creation of a polling ward.
CHAPTER 4
Roll of Voters
1. The persons who have the right to vote shall be entered in the roll of voters.
2.The voter may be entered in one roll of voters only.
1. The roll of voters shall be comprised in 2 copies, and shall include persons, referred to in Article 2, according to their residence.
2. The roll of voters shall specify the surname and forenames of the voter, name of the father of the voter, date of birth and place of residence of the voter.
3. The office of the commune, as a commissioned task shall maintain the roll of voters.
1. The roll shall be drawn up in 2 copies, separately, for each polling ward on the basis of the permanent register of voters of a commune, maintained pursuant to the rules prescribed in the Act of 28th May 1993 – Act on elections to the Seym of the Republic of Poland (Journal of Laws No. 45, item 205; of 1995 No.132, item 640, of 1997 No. 47, item 297, No. 70, item 443, No. 88, item 554, No. 98, item 604, No. 121, item 770 and No. 141, item 943, and of 1999, No. 49, item 483).
2. The roll referred to in paragraph 1 shall be prepared no later than 14 days before the polling day. One copy of the roll shall be delivered on the day before the polling day to the chairman of the appropriate ward electoral commission.
1. Roll of voters in hospitals and social welfare institutions as well as penal institutions and arrests, as well as extramural departments of such institutions shall be created from the list of persons who shall stay there on the day of the poll.
2. List of persons, referred to in paragraph 1 above, shall be delivered by heads of the institutions to the commune office no later than on 10th day prior the polling day.
3. The fact on including into the roll of voters of persons, referred to in paragraph 1 above, shall be notified to the commune office proper to their permanent residence.
Article 29. The Minister competent for public administration affairs shall, on the motion of the National Electoral Commission, establish, in an order, a specimen roll of voters, the procedure for its creation and updating, taking into account the possibility of a second round of the poll, specimen of lists of persons staying in hospitals, welfare homes, prisons and custody centres where the polling wards are created, a specimen notification concerning addition of a voter to the roll of voters in another polling ward, and a specimen certificate confirming the right to vote.
Article 30. Persons deprived of their electoral rights shall be deleted from the roll of voters.
1. A voter staying temporarily within the territory of a commune in the period of time which include the polling day shall be included, on his/her own motion, made no later than on 10th day before the polling day, into the roll of voters.
2. The provisions of paragraph 1 shall apply equally to the voter without residence staying within the territory of a commune.
1. Soldiers performing basic or temporary terms of military service, those serving as candidates for professional soldiering or those undertaking military training and exercises, as well as lifeguards performing their military service in civil defence units beyond their place of residence, shall be added, on their request, to the roll of voters of their choice created for the locality in which they are serving. Any such request shall be submitted between the 21st and 14th day before the polling day unless the persons referred to in the first sentence arrived at the actual place of their quartering after that day. In such a request shall be given the name and surnames, father’s name, the date of birth, the number of evidence PESEL and the address of residence of the voter.
2. The provisions of paragraph 1 shall apply equally to police serving in quartered units, functionaries of the Bureau of Government Guard, Frontier Guard, State Fire Brigade and Prison Guard serving in quartered units.
3 Commanders of military units, civil defence units and police units as well as heads of functionaries of the Bureau of Government Guard Frontier Guard, State Fire Brigade and Prison Guard shall be under an obligation to ensure soldiers, lifeguards, policemen and functionaries an opportunity to exercise the rights specified in the provisions of paragraph 1 above.
4. The Minister of National Defence, the Minister responsible for internal affairs and the Minister of Justice shall, each within its competence, in agreement with the National Electoral Commission, determine the procedure for performance of the duties of commanders referred to in paragraph 3, taking into account the obligation referred to in paragraphs 1 and 2 to assure voters their rights to perform the function of members of ward electoral commissions and election observers.
Article 32a. The fact of including into the roll of voters, of persons referred to in Article 31, paragraph 1 and in Article 32, paragraphs 1 and 2 shall be notified to the commune office proper to their permanent residence.
Article 33. 1. A voter changing his/her place of residence before the polling day shall obtain, on his/her request - before the roll of voters has been prepared – on the basis of the register of voters 2 certificates confirming: the right to vote in the first round of voting, and the right to vote in the second round of voting.
2. A voter who shall change the place of his/her residence after the first round of the vote and prior the second round of the vote, shall obtain, on his/her request, the certificate confirming his/her right to vote in the second round of voting.
3. The certificates referred to in paragraph 1 and 2 above, shall be issued by a commune office.
4. The provisions of paragraph 3 above shall apply, as appropriate, to the captains of Polish sea-ships and to the consuls that prepared roll of voters.
Article 34. The office, which prepared the roll of voters, shall delete from the roll those persons:
1) who have been given a certificate confirming their right to vote,
2) those of whom it has been officially notified have been added to the roll of voters in another polling ward.
1. The voters being aboard Polish sea-vessels in voyage from the day of announcement of the election up to the polling day shall be entered in the roll of voters to be created by the captain of the ship.
2. Such inclusion shall be made, upon application by the concerned person no
later than the 3rd day before the polling day. Such application shall specify the voter's surname, forenames, father's name, and date of birth and address of residence.
3. Minister competent for marine economy in agreement with the National Electoral Commission shall determine in an order the procedure for creation and updating of the roll of voters referred to in paragraph 1.taking into accounts the period in between of the day of the first round of voting and the day of the second poll.
1. Polish citizens staying abroad shall be entered in the roll of voters created by the territorially appropriate consul of the Republic of Poland.
2. Such inclusion shall be made, upon application by the concerned person either orally, in writing, by phone, by cable or fax. Such an application shall specify the voter's name, forenames, father's name, date of birth and the place of residence. Applications may be made no later than the 3rd day before the polling day.
3. Minister competent for foreign affairs in agreement with the National Electoral Commission shall determine in an order the procedure for creation and updating of the roll of voters referred to in paragraph 1 above, taking into account the period in between of the day of the first round of voting and the day of the second poll.
Article 37. 1. Roll of voters shall be opened to inspection in the office of a commune or in the seat of the office that prepared it.
2. Head of the commune (mayor, president of a town) or the office that prepared the roll of voters shall notify voters, in a customary manner, on preparation of the roll of voters and of the time and place of access thereto.
1. In the period of inspection of the rolls, complaints concerning inaccuracies in the roll of voters may be submitted by everyone to the office that prepared the roll of voters.
2. The complaints shall be submitted in writing, or orally recorded.
3. Complaints shall be considered within 48 hours of the lodging thereof.
4. After the complaint has been considered, the office that prepared the roll of
voters shall:
1) amend or correct the roll of voters, or
2) delete the person in question, and shall advise him/her of such a decision, giving motivation, or
3) refuse to consider the complaint, and advise the complaining person of the
decision and motivation.
Article 39.
1. Any decision, which refuses to uphold the complaint or results in deletion from the register of voters, may be appealed to the territorially competent district court by the applicant or the person deleted from the register of voters. Such an appeal shall be submitted along with the decision.
2. The court, by a bench of one judge, shall examine the appeal, by way of non-litigious procedure within 3 days of the date on which it was lodged. A copy of the court decision shall be served both on the person who lodged the appeal and on the office that made the roll of voters. There shall be no legal recourse against the decision of the court.
3. Complaints about roll of voters concerning persons, to whom the Article 35, paragraph1 and the Article 36, paragraph 1 refer, shall be considered by the captain of the ship or the consul respectively. There shall be no legal recourse against such decisions.
Article 39a. The ward electoral commission shall add to the roll of voters on the polling day:
1) a person that submits the certificate on right to vote and shall amend it to the roll;
2) a person omitted in the roll, if proves his/her permanent residence on the territory of the electoral ward and the office of a commune confirms that it has no information that such person is deprived of electoral rights;
3) a citizen of Poland who permanently resides abroad, on producing the valid Polish passport, after recording in the column “remarks’ the No. of the passport and the date of its issue. After recording of a Polish citizen living abroad into the roll, the ward commission shall put in the passport, on the last page that serves to visa annotations, the imprint of its seal and the date of the poll.
CHAPTER 5
Nomination of candidates
for the President of the Republic
1. The candidate for the President of the Republic shall be nominated by at least 100,000 citizens that have electoral rights to the Seym. The nomination has to be supported by signatures of voters.
2.(deleted)
3.The candidates for President of the Republic shall be nominated no later, than on 45th day before the polling day.
1.Citizens, at least 15 in number, shall create an election committee, later called “committee”, to nominate a candidate for the President of the Republic and to conduct election campaign for such candidate, on exclusive basis.
2. To create a committee it is required:
1) a written consent of a candidate confirming acceptance of standing for election;
2) a written consent of a candidate for creating his/her committee.
3. The candidate may give his/her consent, referred to in paragraph 2 above, to one committee only.
4. The consent of a candidate for standing in election shall include the forename (forenames), surname and age of the candidate, as well as indication of his eventual political party affiliation. The consent shall additionally indicate the number of his identity card “PESEL” and the information on his education, confirmed by documents, as well as on practised profession and its place, and his place of residence.
The statement of the candidate confirming acceptance of standing for election shall be personally dated and signed by the candidate.
5. Together with the consent for standing for election the candidate shall submit to the National Electoral Commission a statement, referred to in Article 6, paragraph 1 of an Act of 11 April 1997 on Disclosure of Work or Service in the Organs of State Security and Collaboration with such Organs in the years 1944-1990 by Persons Performing Public Functions (Journal of Laws of 1999 No. 42, item 428, No. 57, item 618, No. 62, item 681 and No. 63, item 701 and of 2000, No. 43, item 488).
6. The committee shall act under the name:
“The Election Committee of................………................... (forename and surname of the Candidate) - a Candidate for a President of the Republic of Poland”.
7. The citizens, referred to in paragraph 1 above, shall made a written statement in which they confirm the creation of a committee giving their forenames and names, places of residence and numbers of identity cards “PESEL” and shall establish the agent of the committee, later called an “agent” who shall act for and on behalf of a committee, as well as an financial agent, referred to in Article 84b. The admission of the power of attorney shall to be accepted by the signature.
8. A person may be an agent of one committee only. The candidate for the President of the Republic cannot act as an agent.
1. The National Electoral Commission shall immediately submit the statement of the candidate, referred to in Article 40a, paragraph 5, to the Court of Appeal in Warsaw. The court shall institute “ex officio” of the lustration proceedings.
2. If the statement referred to in Article 40a paragraph 1 were submitted earlier, as a result of candidacy to the public office to which such obligation was connected, the candidate for the President of the Republic shall inform of that fact, in writing to the National Electoral Commission.
1. After collecting, according to the requirements referred to in Article 41 paragraph 1, sub-paragraph. 3, at least 1,000 signatures of citizens, eligible to elect the Seym, who support the candidate, the agent shall submit the committee to the National Electoral Commission to register. The signatures mentioned in the above sentence constitute a part of the required number of 100,000 signatures of citizens supporting a candidate.
2. In the submission of the committee, concerning registration, there shall be stated:
1) the name of the committee and address of its seat;
2) forename (forenames), surname, address of residence and number of identity (PESEL) of the agent and financial agent.
3. To the submission there shall be appended:
1) the statement on creating the committee and on establishing agents referred to in Article 40a paragraph 7;
2) a written consent of the candidate indicating consent to run in the election, referred to in Article 40a, paragraph 4, and the consent for creating his committee;
3) a list of at least 1,000 citizens, referred to in paragraph 1.
4. The submission of a committee for registration may be done no later than on the 55th day before the polling day.
1. If the submitted nomination meets all the requirements established in Article 40a, paragraph 5, Article 40b, paragraph 2 and Article 40c, the National Electoral Commission within 3 days following its delivery shall decide to register the candidate. The decision shall be delivered to the agent immediately.
2 If the submission of the candidate is inaccurate, the National Electoral Commission shall immediately notify the agent to delete any defects during 3 days. In the event the defect has not been removed within the time-limit, the commission shall refuse to register the committee. The decision shall be immediately delivered to the agent.
3. An agent may appeal to the Supreme Court against the negative decision of the National Electoral Commission on registering the committee. The appeal shall be made within 2 days of the date of the refusal to register the committee.
4. The Supreme Court, by bench of 3 judges, shall examine the petition and issue it’s ruling within 3 days, in non-litigious proceedings. There shall be no legal recourse against the ruling of the Supreme Court. The ruling shall be submitted to the agent and to the National Electoral Commission. If the Supreme Court grants the petition, the National Electoral Commission shall immediately register the committee.
Article 40e. The committee shall acquire legal personality to exercise its duties resulting from this Act on the day of registration by the National Electoral Commission.
Article 40f. The National Electoral Commission shall announce the information on registration of a committee in the Official Gazette “Monitor Polski” and shall publish it in a newspaper of nation-wide circulation.
Article 40g. 1. The collection of signatures of persons who support nomination of a candidate to the office of the President of the Republic may be realised in the place, time and in a manner excluding threats, deceits, or resorting any other influences to get such signatures.
2. It shall be forbidden to collect signatures of persons supporting nomination of a candidate for the President of the Republic on the territory of army units and other organisational units subordinated to the Minister of National Defence, and defence units and quartered units subordinated to the Minister responsible for of internal affairs.
3. It shall be forbidden to grant a salary for signature in support of a candidate to the office of the President of the Republic.
1. The nomination of a candidate for the President of the Republic shall be submitted personally by the agent of a committee registered in compliance of Article 40d, no later then at 12 PM on 45th day before the polling day. The nomination of a candidate shall contain:
1) forenames, surname, age and place of residence of the nominated candidate for the President of the Republic, and an indication of his eventual political party membership;
2) name of the committee, name and address of the agent and of financial agent;
3) the list of citizens who support the nomination; the list should include legibly written forename (forenames) and surname, place of residence and identity number (PESEL) of a citizen who supports nomination by putting on the list his personal signature; each page of the list have to include the name of a committee nominating the candidate, together with annotation:
“ I support the candidacy of ...................................(forename (forenames) and surname of the candidate) for the President of the Republic of Poland in election held in..….(year)”.
2.The support of the undersigned for the candidacy cannot be withdrawn.
3. (deleted)
4. (deleted)
1. The National Electoral Commission shall register the candidate for President of the Republic, if submission is made in accordance with the rules of this Act, performs an official record of registration and notifies this fact to the agent.
2. The National Electoral Commission shall examine the conformity to the rules of the nomination submitted by checking:
1) does the candidate meet all requirements established in Article 127, paragraph 3, first sentence - of the Constitution of the Republic of Poland;
2) conformity of data, referred to in Article 40a, paragraph 4, with available official documents;
3) does the submitted nomination have been supported by at least 100,000 citizens, according to the rule of Article 41, paragraph 1, subparagraph 3.
3. If the submitted nomination is inaccurate, the National Electoral Commission shall immediately notify the agent to delete revealed defects within 3 days. In the event the defect has not been removed within the time-limit, the Commission shall refuse to register the candidate. Decision of the National Electoral Commission shall be immediately delivered to the agent, along with reasons given.
4. An agent may appeal to the Supreme Court against the negative decision of the National Electoral Commission on registering the candidate. The appeal shall be made within 2 days of the date of the refusal to register the candidate.
5. The Supreme Court, by bench of 3 judges, shall examine the petition and issue it’s ruling within 5 days, in non-litigious proceedings. There shall be no legal recourse against the ruling of the Supreme Court. The ruling shall be submitted to the agent and to the National Electoral Commission. If the Supreme Court grants the petition, the National Electoral Commission shall immediately register the candidate
1. The National Electoral Commission shall, after the period of time referred to in Article 40 paragraph 3, subject to Article 42, paragraphs 3 to 5, elapses, create the list of candidates, and on that list shall insert, in alphabetical order, the following data: surname, forenames, age, and documented education, practised profession and place of employment (name of an institution) and the place of residence of duly registered candidates. There shall be inserted on the list the content of a statement, referred to in Article 6, paragraph 1 of an Act of 11 April 1997 on Disclosure of Work or Service in the Organs of State Security and Collaboration with such Organs in the years 1944-1990 by Persons Performing Public Functions, in the part specified in Article 11, paragraph. 2 of that Act.
2. The agent may request to name on the list of candidates the political or social organization of which the candidate is a member.
3. No later than the 20th day before the polling day, the National Electoral Commission makes public the data, referred to in paragraphs 1 and 2, in the form of announcements posted.
Article 44. The National Electoral Commission shall delete from the list of candidates, the candidates who withdraw their acceptance to stand for election, have died or forfeited their eligibility. The National Electoral Commission shall immediately publish information about the deletion of the candidate.
1. Agents, referred to in Article 41 paragraph 1 sub-paragraph 2, may appoint one poll observer to each constituency and ward electoral commission. The function of poll observer to the National Electoral Commission shall perform the agent or a person authorised by him.
2. The agents or persons authorised by them shall issue to poll observers a certificate confirming their power to act, pursuant to a specimen provided by the National Electoral Commission.
CHAPTER 6
Ballot Paper
Article 46. The National Electoral Commission shall, after the creation of the list of candidates, order the printing of the necessary number of ballot papers and shall ensure, together with constituency electoral commissions, their delivery to ward electoral commissions.
1. On a ballot paper there shall be placed, in alphabetical order, the surnames and forenames of registered candidates for the President of the Republic.
2. The ballot paper shall be printed with the imprint of the seal of the National Electoral Commission as well as a denotation, where to place the seal of the ward electoral commission.
3. Each ballot paper shall bear information on the manner of voting and of validity of votes cast.
4. The ballot paper shall be printed on one side only. The ballot papers shall be standard in form as to the size of the ballot and stile of printing for the names each of the candidates.
Article 47a. If the National Electoral Commission has deleted a candidate from the list of candidates in effect of reasons referred to in Article 44 after printing ballot papers, such name of candidate remains on the ballot paper. An information on deletion and on conditions of validity of the process of voting with such ballot papers shall be published in a form of an announcement and posted up on polling stations on the polling day.
Article 48 . The rules of creation and the procedure for delivery of ballot papers for the polling wards set up on Polish sea-ships or abroad, shall be established by the National Electoral Commission, in agreement with the Minister in charge of marine economy and the Minister in charge of foreign affairs, respectively.
CHAPTER 7
Voting
1. Voting shall be held in the polling station of the ward electoral commission, within one day and without a break, between 6 a.m. and 8 p.m.
2. Voting in the polling wards set up on Polish sea-ships or abroad shall be held between 6 a.m. and 8 p.m. local time. Should the voting be concluded on the day following the polling day in Poland, the polling shall be held on the preceding day.
1. A voter shall, before casting the vote, produce to the ward electoral commission a document, which shall give proof of his/her identity.
2. (deleted)
3. A voter, who submits a certificate confirming the right to vote, shall be allowed to vote, after his/her name is added to the roll of voters. The certificate shall be enclosed with the roll of voters.
1. A voter, after fulfilling the obligations referred to in Article 50, shall receive a ballot paper, stamped with electoral commission’s seal, from the commission. A voter shall confirm the receipt of the ballot paper with his/her signature in the section of the roll of voters designated for such purpose.
2. Upon receiving the ballot paper, a voter shall proceed forthwith into the compartment in the polling station guaranteeing secrecy for voting
Article 52. A voter shall personally cast a vote for one of the candidates, whose name is included in the ballot paper, by putting an "x" mark on the left side of the candidate's name.
Article 53. A voter shall insert his/her ballot paper into a ballot box, which shall be situated in an accessible and visible place in the polling station.
Article 54. A handicapped voter may be assisted in voting by another person who is not a member of a ward electoral commission or a poll observer authorised by the candidates.
Article 55. Persons bearing arms shall be forbidden entry to the polling station.
1. The ward electoral commission shall, before voting begins, ensure that the ballot box is empty and that there are supplied rolls of voters and the necessary number of ballot papers on the spot, as well as the necessary number of voting places guaranteeing secrecy of voting - and thereafter shall lock and seal the ballot box with the commission's seal.
2. The ballot box shall not be opened from the moment it is sealed until the
conclusion of voting.
1. At least 3 persons from the ward electoral commission, one of them being chairman or deputy chairman of the commission, shall be present at all times from the commencement of voting until its conclusion.
2. Poll observers may be present on the polling day in the polling station, on the basis of a certificate issued by an agent, referred to in Article 45, paragraph 2.
1. The chairman of the ward electoral commission shall ensure the secrecy of voting and is personally responsible for the maintenance of public order and peace during voting.
2. The chairman of the ward electoral commission may demand that any person disturbing order and peace shall leave the polling station.
3. On the demand of the chairman of the ward electoral commission, the commandant of a competent police station shall be obliged to provide any necessary police assistance.
4. In the event of a disturbance of order in the polling station, the provisions of Article 55 shall not apply.
Article 59. 1. Voting shall not be interrupted. When, due to extraordinary events, voting shall be temporary impossible, the chairman of the ward electoral commission or his/her deputy may interrupt, prolong or adjourn the voting until the following day.
Such decision shall immediately be made known to the public in a customary manner and delivered to the constituency electoral commission, to the head of a commune (mayor, president of a town) and through constituency electoral commission - to the National Electoral Commission.
2. The commission shall, in the event of any interruption or adjournment of voting, seal the aperture of the ballot box and deposit it in, together with roll of voters, in custody of its chairman. The seal of the commission shall be deposited in the custody of the deputy chairman or other member of the commission. The commission shall establish the number of ballots unused, put them into a sealed packet and deposit into custody of the chairman of the commission. The commission shall, before the resumption of voting, confirm in an official record that the seals on the ballot box and on the packet with unused ballot papers remained intact.
Article 60. The ward electoral commission may order conclusion of the voting earlier, if all the voters included in the roll of voters have cast their votes. The chairman of the commission immediately informs the constituency electoral commission about such decision.
1. Only official election notices shall be placed in the polling station.
2. In the polling station and in inside compartments warranting secrecy shall be affixed concise information of the National Electoral Commission on the manner of voting in the given elections.
CHAPTER 8
Establishment of Results of Voting
1. The ward electoral commission, immediately after voting has been concluded, shall establish the number of unused ballot papers and make them secure, then shall open the ballot box and then shall determine:
1. the number of persons entitled to vote;
2. the number of voters who took part in voting;
2a. the number of votes cast, i.e. ballot papers put by voters into the ballot box;
3. the number of valid votes;
4. the number of invalid votes;
5. the number of votes validly cast for each of the candidates.
2. Establishment of results referred to in paragraph 1 above, shall be made on the basis of the roll of voters and the ballot papers inserted by voters into the ballot box.
3. Poll observers shall have the right to be present during establishment of the result and to enter comments upon the record, specifying precise complaints.
Article 62. 1. The commission shall recognize as invalid the votes:
1) other than those officially established or those without the seal of the ward electoral commission;
2) the ballot papers cast with the "x"mark put at the names of more than one candidate;
3) the ballot papers without any "x" mark at the names of candidates.
2. The validity of the vote shall not be affected by the writing in of any additional names or any other remarks on the ballot paper.
3. The ballot papers wholly torn shall not be taken into account while counting the votes.
1. The ward electoral commission shall draw up, immediately, in two copies, the record of voting in the ward.
2. The data referred to in Article 61 paragraph. 1 shall be specified in the record of voting, and additionally:
1) the time of commencement and conclusion of voting;
2) the number of ballot papers delivered to the electoral commission and the
number of received but unused ballot papers;
3) the possible reasons of difference between the number of voters, to whom the ballot papers were given, and the number of votes taken by the commission from the ballot box;
4) the orders and decisions issued by the commission, as well as other essential matters related to the conduct of voting;
5) eventual complaints lodged by poll observers, if there are any;
6) other reservations regarding the process of voting lodged by the commission's members, if there are any.
3. The record of voting shall be signed by all members of the electoral commission who were present during its making. The record shall be stamped with the commission's seal.
Article 64. The ward electoral commission shall, after drawing up the record, immediately announce the results of voting, referred to in Article 61, paragraph 1.
1. The chairman of the ward electoral commission shall immediately deliver to the appropriate Constituency Electoral Commission, in a sealed envelope, a copy of the record of voting in the ward, according to the procedure established by the National Electoral Commission.
2. The ward electoral commission shall enclose their explanation, of the poll observers' comments placed in the voting record.
1. The constituency electoral commission shall immediately, after receiving the records of voting from all electoral wards, establish aggregated results of voting in the constituency and shall draw up in two copies the record of voting. A record of aggregated results of voting in the constituency shall be immediately delivered by the constituency electoral commission, in a sealed envelope, together with the records of all the ward electoral commissions, to the National Electoral Commission. The provisions of Article 61, paragraph 1, Article 63, paragraphs 2 and 3, Article 64, and of Article 65, paragraph 2, shall apply accordingly.
2. (deleted)
3. The National Electoral Commission shall prescribe the procedure of delivery and acceptance of the records prepared by constituency electoral commissions.
3a. The rules and method of delivery to the appropriate Constituency Electoral Commission of the records of the vote from wards electoral commissions established abroad and on the board of Polish sea-ships shall be determined by the National Electoral Commission, after consultations with the Minister in charge of foreign affairs and the Minister in charge of marine economy respectively.
3b. If the appropriate constituency electoral commission would not obtain the results of the vote in polling wards established abroad and on the board of Polish sea-ships within 24 hours following its conclusion referred to in Article 49, the voting in those wards shall be treated as null and void. Such fact shall be noted in the record of aggregate results, specifying such polling wards and probable reasons that made it impossible to get such records from the given wards.
4. Second copies of records of aggregated results of the vote and all other documents concerning elections shall be delivered by the chairmen of ward and constituency commissions, to the heads of the commune (mayors or presidents of towns respectively) and to the heads of locally competent units of the National Electoral Office.
5. (deleted)
Article 66a. The National Electoral Commission shall establish rules and procedure of exploitation of electronic system of transmitting and processing data of the vote and of the results of the elections.
Article 66b. The Minister in charge of matters of culture and protection of national heritage shall determine in an order, issued on the motion of the National Electoral Commission submitted in consultation with the Director General of the State Archives, the manner of delivery, retention and insight into documents pertaining to elections.
CHAPTER 9
Establishment of Results of the Voting and of the Election of the President of the Republic
1. After having received the records referred to in Article 66 paragraph 1, the National Electoral Commission shall examine the correctness of aggregated records of results made by the Constituency Electoral Commission.
2. The National Electoral Commission shall order, if there were any incorrectness in establishment of aggregate results of the vote, the repeat establishment of those results. The provisions of Articles 66 and 66a shall apply, respectively.
Article 66d. The National Electoral Commission shall publicise the aggregated results of voting, referred to in Article 66c paragraph 1, established by the Constituency Electoral Commission.
Article 67. Immediately after having received and examined the records obtained form all the Constituency Electoral Commissions, the National Electoral Commission shall establish the results of voting for candidates for President of the Republic and shall draw up a record of voting.
Article 68. 1. The National Electoral Commission, on the basis of the record of voting, shall state in form of a resolution, the results of the election for the President of the Republic.
2. The resolution referred to in paragraph 1, the National Electoral Commission shall immediately submit to the Marshall of the Seym and shall hand it to the newly elected President of the Republic.
Article 69. 1. The National Electoral Commission shall publicise the results of voting and the election in an announcement.
2. In the event referred to in Article 8b paragraphs 1 and 3, the National Electoral Commission shall additionally state in that announcement the surnames and forenames of the candidates for President of the Republic, who shall take part in the second ballot.
3. The announcement on the results of voting and of election shall be published by the National Electoral Commission in the Dziennik Ustaw of the Republic of Poland.
4. The National Electoral Commission shall publish a statistical study containing detailed information on the results of voting and the results of elections, and shall ensure access to the results of the vote and of the elections, processed in electronic form, on actual costs price.
1. The second ballot shall be held in polling wards created to perform elections, according to the provisions of this Act.
1a. The second ballot shall be held on the basis of the roll of voters prepared for the first ballot and actualised. The detailed rules of actualisation of the rolls shall be specified in an order, referred to in Article 29, Article 35, paragraph 3 and Article 36, paragraph 3.
2. (deleted)
3. The National Electoral Commission shall publish, in an announcement, the results of second voting and of the election. The announcement shall be published in the Dziennik Ustaw of the Republic of Poland.
Article 71. The National Electoral Commission shall submit to the Supreme Court the report of the election.
CHAPTER 10
Validity of the election of the President of the Republic
1. A protest against the validity of the election of the President of the Republic may be lodged, by reason of violation of the provisions of this Act or on the basis of allegation of offence committed against the elections, if the committed offence could have had an effect on the results of the election.
2. Protest against the validity of the election of the President of the Republic may be lodged by any voter whose name, on the day of election, was placed in the roll of voters in one of the polling wards.
3. The right to lodge a protest shall also be vested in the corporate body that has submitted a candidate, and in the electoral commissions.
1. Protest shall be lodged with the Supreme Court in writing no later than the 3rd day after the date of the announcement of results of the election, made by the National Electoral Commission. The mailing such protest in the above time-limit at a post office in Poland shall be treated equally to lodging it with Supreme Court.
2. In respect of voters staying abroad or aboard Polish ships, the requirement
specified in paragraph 1 shall be deemed fulfilled if the protest has been lodged, respectively, with either the territorially competent consul or the captain of the Polish ship. The voter shall enclose to the protest a notification on authorisation of his/her plenipotentiary residing in Poland, or a residing in Poland plenipotentiary authorised to receive delivery, failing which, examination of such protest shall be discontinued.
3. A person lodging the protest shall particularize the complaints and furnish or indicate the evidence on which he/she bases such complaints.
Article 74. 1. The Supreme Court shall refuse to hear a protest lodged by a person not entitled to do so pursuant to Article 72, paragraphs. 2 and 3, or protest that fail to comply with the requirements referred to in Article 73. The restoration of the time-limit for lodging a protest is inadmissible.
2. The Supreme Court may refuse to hear the protest that concerns a case in which, according to the rules of this Act, it shall be possible to lodge, before the polling day, a complaint or an appeal to the court or to the National Electoral Commission.
3. The Supreme Court shall immediately notify the Prosecutor General if a protest includes allegations of an offence committed against the elections.
1. The Supreme Court shall, by a bench of 3 judges, examine the protest in non- litigious proceedings, applying the appropriate provisions of the Code of Civil Procedure and shall give its opinion in the matter, formulated in a decision.
1a. The opinion should present the conclusion on validity of allegations put in the protest, and if such allegations were confirmed – the opinion whether the offence against elections have had an influence on the results of the elections.
2. The participants in the proceedings shall be, by virtue of statute, the person lodging the protest, the appropriate electoral commission and the Prosecutor General, and the representative of the National Electoral Commission.
3. (deleted)
Article 76. 1. The Supreme Court shall, by a bench of the whole Chamber of Labour, Social Insurance and Public Affairs, determine the validity of the election of the President of the Republic on the basis of a report submitted by the National Electoral Commission, after examining the protests lodged.
2. The Supreme Court shall take the decision referred to in paragraph 1 in the form of a resolution adopted no later than the 30th day after publication, by the National Electoral Commission, of the results of the election, at a sitting attended by the Prosecutor General and the Chairman of the National Electoral Commission.
3. The resolution of the Supreme Court shall be immediately submitted to the Marshall of the Seym and is also communicated to the National Electoral Commission and announced in the Dziennik Ustaw of the Republic of Poland.
Article 76a. 1. In the case of the adoption by the Supreme Court of a resolution on the invalidity of the election of the President of the Republic, a repeat election shall be performed, pursuant to the rules and procedure provided in this Act.
2. The order of the Marshall of the Seym on a repeat election shall be made public and announced in the Journal of Laws of the Republic of Poland no later than the 5th day after the day of announcement of the Supreme Court's resolution referred to in paragraph 1.
CHAPTER 11
Election Campaign
Article 76b. 1. The election campaign shall start on the day of proclamation by the Marshall of the Seym the decision of elections.
2. Campaigning shall be prohibited during the time commencing 24 hours before the polling day and on polling day till conclusion of the vote.
Article 76c. Beginning from 24 hours before the polling day till the end of polling hours it shall be prohibited to publicise results of pre-election surveys on probable behaviour of voters and on the result of the vote, as well as surveys conducted on the polling day.
1. It shall be forbidden on polling day and 24 hours before that day, to organize voter's assemblies, marches and demonstrations, and to make public speeches, to furnish leaflets and other agitation promoting candidates.
2. It shall be forbidden to carry out any forms of election campaigning in polling stations.
1. It shall be forbidden to carry out election campaigning in work places and in public institutions in a way and by methods disturbing their ordinary functioning.
.2. It shall be forbidden to carry out election campaigning within the areas of military units and other units subordinated to the Minister of National Defence, and in civil defence units, as well as in quartered police units subordinated to the Minister in charge of internal affairs.
3. It shall be forbidden to organise, in election campaign for the candidate for the President of the Republic, any raffle lotteries, gambles or contests rewarded in money or articles, if their value is higher then the value of articles used normally in advertising or promotion.
4. It shall be forbidden to serve and supply alcoholic beverages free of charge or sold at prices no higher than the original price or the cost of production (net prices)
Article 78a. All the campaign materials shall bear the clear indication of their origin.
Article 79. 1. Election posters and slogans may be affixed to the walls of buildings, fences, lanterns, energetic and telecommunication devices only with the consent of the owner or administrator of the property.
2. It shall be forbidden to affix election posters to the interior and exterior walls of buildings of government or local administration, court buildings and on the territory of army and civil defence units as well as quartered units subordinated to the Minister in charge of internal affairs.
3. The council of a commune may prohibit affixing posters and slogans on some public buildings as well as on specified parts of public ground, acting on the basis of protection of historic heritage or environment.
4. While constructing private announcement constructions devoted for election campaign, the rules in force shall be observed.
5. The posters shall be affixed in a manner enabling their removal without making damages.
6. The police (city guard) shall be obliged to remove posters and slogans, affixed in a way that may cause danger to life or health of the people or may be dangerous to the security of property or to the road traffic.
7. The posters, election slogans and announcing devices installed for the purpose of election campaign shall be removed by the appropriate election committees within 30 days following the polling day.
8. Head of a commune (mayor, president of town) shall order the removal of election posters and slogans as well as announcing devices, placed contravene to the provisions of paragraphs 1 – 5 or those which have not been removed by the appropriate election committees in the time limit referred to in paragraph 7. The expenses of such removal shall be born be committees concerned.
1) confiscation of such materials;
2) prohibition on publication of such details and information;
3) order to rectify such information;
4) order to apologise the person libelled;
5) order to pay a sum up to 50,000 zloty to a charitable institution by the participant in proceeding;
6) adjudication that a participant pay up to 50,000 PLN compensation for petitioner.
2. The district court, by a bench of one judge, shall examine a petition referred to in paragraph 1 within 24 hours, in non-litigious proceedings. The court may examine the case in the event of reasonable absence of the petitioner or participant in the proceedings if that have been notified properly on the time of the trial. A ruling that terminate the proceedings in case shall be notified immediately by the court on the person concerned, referred to in paragraph 1, on the appropriate constituency electoral commission and on the person duly obliged to observe the court’s ruling. Within 24 hours any such ruling of the district court may be subjected to appeal to the court of appeal, which shall be obliged to examine it within 24 hours following its proclamation. There shall be no legal recourse against the ruling of a court of appeal and it shall be subject to immediate execution.
3. False details and information related to elections and concerned election campaign, published in press, shall be subject to rectification within 48 hours.
4. In respect of rectification of details and information published in press publication, other than daily newspaper, the court shall indicate the daily newspaper in which the rectification must be published, at the expense of the person so obliged, within 48 hours.
5. In the event of refusal or failure to publish such rectification by a person so obliged in court’s ruling, the court, on the motion of a person concerned, shall order publication of a rectification by a writ of execution, at the expense of the person obliged to do so.
6. The provisions of the Article 76b paragraph 2 shall not apply to matters referred to in paragraphs 3 to 5.
1. In the period of time beginning form 15th day before the polling day up to the day ending the election campaign “the Polish Television Joint-stock Company” and “the Polish Radio Joint stock Company” hereinafter called “Polish Television” and “Polish Radio”, shall broadcast on nation-wide channels cost-free election programmes, prepared by election committees, pursuant to the provisions of this Act.
2. The total time of cost-free broadcast shall amount to 25 hours for Polish Television, including up to 5 hours for TV Polonia and 35 hours for Polish Radio, including 5 hours broadcast devoted for listeners abroad.
3. The “cost-free broadcast” of election campaigning shall include both registering and broadcasting of the presentations of the representatives of committees or candidates for the post of the President of the Republic, as well as recording and broadcasting of election materials prepared by committees.
4. The National Council of Radio and Television shall, in agreement with the National Electoral Commission, determine, in a regulation, the principles of procedure in allotment of cost-free time of broadcasting election programmes, methods of their preparation and broadcast, as well as methods of publishing information on time-table of broadcasting such programmes.
5. The National Council of Radio and Television shall, after seeking opinion of the boards of the companies referred to in paragraph 1, and the respective council of programme, determine:
1) the total length of time of cost-free broadcasting in each of the nation-wide channels;
2) the schedule of time allocation, referred to in paragraph 2, in the period of time beginning the 15th day before the polling day up to the day ending the election campaign.
6. Editors in chief of the respective nation-wide television channels including Television Polonia, as well as editors in chief of Polish Radio, shall determine the sequence of each day broadcasting of election programmes by drawing lots in presence of election agents, no later than on 18th day before the polling day.
7. The broadcasting time limit assigned to the respective election committee cannot be transferred to another committee. Polish Television as well as Polish Radio shall not interfere with the intent and time of committee programmes if there is no respective final court’s ruling.
8. The decision on allotment of time assigned for election committees shall be subject to lodging a complaint by an election agent to the National Electoral Commission. The complaint shall be lodged no later than within 24 hours after issue of the decision. The National Electoral Commission shall examine immediately the complaint and shall issue a decision. There shall be no legal recourse against the decision of the National Electoral Commission.
9. In the event the repeat voting referred to in Article 8b has been ordered, within the period of time beginning form 9th day before the polling day up to the day ending the election campaign preceding the repeat voting, Polish Television and Polish Radio shall broadcast cost-free election programmes, prepared by election committees of each of the two candidates, and their total time shall amount to 6 hours for Polish Television and 8 hours for Polish Radio. The provisions of paragraphs 3 to 8 shall be applied respectively, provided that drawing lots to select the sequence of broadcasting the daily election programmes during each day shall be held on 10th day before the repeat voting.
2. The broadcasters shall not refuse an access to broadcast paid election programmes referred to in paragraph 1.
3. Rates charged for the broadcast time of election programmes referred to in paragraph 1, cannot exceed 50 percent of rates for commercials and shall be fixed on equal terms for all participants in accordance with the price list in force on the day of proclamation of elections.
4. The rules concerning advertisement activity in television and radio broadcast shall apply to election programmes, referred to in par. 1, with reservation to provisions of paragraph 5.
5. Time assigned for broadcast of paid election programmes shall not be subject to time limits for commercials, established by other regulations.
1. Polish Television and Polish Radio shall assure the National Electoral Commission, in the period of time which begins the order on election of the President of the Republic, the possibility of cost-free presentation of information, explanations and communicates connected with the ordered election and regulations of election law in force, in the nation-wide television and radio channels.
2. The National Council of Radio and Television shall, in agreement with the National Electoral Commission and Boards of Polish Television and Polish Radio determine in a regulation the procedures for matters referred to in paragraph 1.
CHAPTER 12
Financing of the Election
Article 84. The financing of election campaigning shall be public.
1. Election expenses of election committees shall be covered by their own means.
2. The committee may raise and spend funds beginning from the day of getting the statute of legal entity.
3. The committee may spend the raised funds on election purposes only.
1. The financial agent shall bear responsibility for management of financial resources of the committee.
2. The following persons cannot be a financial agent:
1) a candidate for the President of the Republic;
2) an agent, referred to in Article 40 paragraph 7;
3) a public functionary within the meaning of Article 115 § 13 of the Criminal Code.
3. A person may be a financial agent of one committee only.
Article 84c. Committees shall keep the accounts on the basis of principles specified in separate provisions for persons that are not engaged in economic activity, in compliance with the provisions of this Act.
Article 84d. The expenditures of a committee shall not exceed the sum of 12,000,000 PLN
Article 85. 1. Individuals, legal entities and other organisational units, with reservation to Article 86, may contribute funds for election campaign purposes realised by a committee.
2. Financial resources of legal entities, contributed for election campaigning may be derived from their profits only.
3. The provisions of paragraph 2 shall apply to rendered cost-free services too.
4. The financial resources of a committee shall be deposited in a bank account, however funds coming from legal entities, excluding political parties, and from anonymous donors, gained in public collections, shall be deposited in separate sub-accounts of the committee account.
5. The total amount of sum contributed by an individual for one committee cannot exceed the equivalent of 15 fold the minimum monthly wage of a worker on the day preceding the beginning of the election campaign.
6. The total amount of sum contributed by another subject than mentioned in paragraph 5 above, with exclusion of political parties, may contribute for one committee no more than 100-fold of the minimum monthly wage of a worker on the day preceding the beginning of the election campaign.
7. The total amount of contribution that exceed by 2-fold the minimum monthly wage of a worker, with exclusion of funds gained in public collections, may be paid only by a cheque, bank draft or bank card.
8. The value of in-kind contributions gained by a committee shall be included into its expenditures.
1) State Budget;
2) State organisational units;
3) budgets of local government units, municipal unions and self-government councils;
4) State-owned enterprises, and other economic subjects with the participation of the State Treasury, units of local administration, municipal unions and other municipal legal persons, as well as associations and other corporations of units of local administration – excluding public companies;
5) legal entities and organisational units, excluding political parties, which have used public funds within the two years of proclamation of election;
6) subjects dependent, in the meaning of the Act on Public Trading in Securities, on subjects listed in sub-paragraphs 2 to 5.
2. The committee shall not accept funds from the sources of:
1) natural persons, excluding Polish citizens residing abroad, which have not their residence in the territory of the Republic of Poland;
2) foreign nationals, having their residence in the territory of the Republic of Poland;
3) legal entities who are not located in the territory of the Republic of Poland;
4) other subjects who are not located in the territory of the Republic of Poland but have legal capacity to enter into commitments and acquirement of rights on its own behalf;
5) legal entities with participation of foreign subjects, excluding public companies;
6) foreign diplomatic missions, consular offices, special missions and other foreign and international organisations which exercise the rights to immunity and diplomatic or consular privileges, coming from agreements, acts of law or internationally ascertained customs.
3. The provisions of paragraphs 1 and 2 shall apply as appropriate to in-kind contributions.
Article 87. 1. A financial agent may organise public collection to raise funds for election purposes, in comply with the rules of public collection.
1. No permit is required for the organisations of public collection, referred to in paragraph 1.
2. A financial agent shall be obliged to store documents concerning public collection of funds, for the period of 12 months following the polling day.
1. Transfer of financial sources and in-kind contributions, belonging to a committee, to the benefit of another committee shall be prohibited.
2. After the day of submitting a report referred to in Article 87d, raising or spending funds by a committee shall be prohibited.
Article 87b. The expenditures incurred by an election committee and devoted for election campaigning, realised in the character and methods proper for advertising, including press advertising within the meaning of the press law, shall not exceed 80% of the amount referred to in Article 84d.
Article 87c. The value of expenses incurred by the committee from the sources of legal entities, excluding political parties, shall not exceed 60% of the spending limit, referred to in Article 84d.
Article 87d. The value of expenses incurred by the committee from funds collected in public collection in comply with the law on public collection from anonymous donors, shall not exceed 10% of the limit referred to in Article 84d.
Article 87e.All the appeals and written notices submitted by a committee to raise funds for elections must to include the information on the content of the provisions of Article 85, paragraphs 2, 3 and 5 to 7; Article 86; Article 87f, Article 88f, item 1 and 3, and of Article 88g, item 2.
1. Financial benefits transferred or accepted by a committee in violation of prohibitions specified in Article 84d; Article 85, paragraphs 2-7; Article 86; Article 87a, Article 87b; Article 87c; Article 87d shall be forfeited for the benefit of State Treasury. In event such a benefit has been used up or lost, its value shall be forfeited.
2. The District Court in Warsaw shall have the jurisdiction in cases of financial benefits referred to in paragraph 1.
3. The National Electoral Commission shall file a motion to the court to decide the forfeit of financial benefit.
4. The provisions of the Code of Civil Procedure shall apply to cases of forfeit of financial benefits.
1. A financial agent shall submit to the National Electoral Commission, within 3 months following the polling day, a report on receipts, disbursements and financial liabilities of the committee, later called “election report”, along with an opinion of a competent auditor concerning the report and materials referred to in paragraph 4.
2. The National Electoral Commission shall appoint the competent auditor referred to in paragraph 1.
3. State Budget - Part 19, shall cover the cost of preparing of an opinion referred to in paragraph 1: Budget, public finances and finance institutions.
4. Minister in charge of public finances, after seeking an opinion of the National Electoral Commission shall specify in a regulation, a form of election report and itemized information, as well as a list of documents, which shall be added to the report to enable the verification of the information, delivered. The form should disclose:
1) indication of all legal entities which have donated funds for the committee;
2) indication of sub-accounts referred to in Article 85 paragraph 4.
5. The value of non-cash donations and services derived by a committee shall be determined in the report at the prevailing commercial rate, not higher than the cost-price or the cost of production diminished by amortization quota.
6. The provisions of paragraph 5 above shall not apply to the in-kind contributions spent for dissemination of posters and election leaflets done by subjects other than businessmen.
7. The election report of a committee shall be published by the National Electoral Commission in the Official Gazette of the Republic of Poland “Monitor Polski” within 7 days after submitting it to the National Electoral Commission.
8. A financial agent who collected funds for election purposes in excess to the disbursements incurred shall be obliged to transfer such excess to a charitable institution. The information on transfer of such surplus shall be published by a financial agent in a daily paper with nation-wide circulation no later than 30 days following the receipt of an election report by the National Electoral Commission.
Article 87h. 1. The National Electoral Commission shall, within 4 months following the day of submitting of an election report, accept it or reject if there is found that the committee has violated the provisions on financing of the election campaign of this Act.
2. If there are any doubts concerning inaccuracies of election report, the National Electoral Commission may ask the given committee to remove defects or submit explanations within a specified time limit.
3. Realising examination of election report, the National Electoral Commission may order to prepare expertise or opinions.
4. In realisation of examination of election report, the National Electoral Commission may request necessary assistance to be given by State organs.
5. Within 7 days following the publication of the election report referred to in Article 87g, paragraph 7:
1) political parties;
2) committees which took part in the given elections;
3) associations and foundations, which prescribe in their statute tasks connected with analysis of financing of the election campaign -
- have the right to submit to the National Electoral Commission their written reservations to committees’ election reports, specifying reasons.
6. The National Electoral Commission shall, within 60 days following submission of reservation referred in paragraph 5 above, give a respond in a written form.
Article 87i. 1. In event that the National Electoral Commission shall turn down the election report, a committee may lodge, within 7 days following delivery of decision on rejection of a report, a complaint to the Supreme Court against decision of the National Electoral Commission in that case.
2. The Supreme Court shall examine the complaint and shall issue a ruling in a case within 60 days following the delivery of a complaint.
3. The Supreme Court, by bench of 7 judges, shall examine the complaint in a non - litigious procedure.
4. There shall be no legal recourse against the ruling of the Supreme Court.
Article87j. The committee shall be dissolved by virtue of law:
1) after acceptation of the election report by the National Electoral Commission;
2) after ineffective expiration of the time-limit for lodging a complaint, referred to in Article 87i paragraph 1; or
3) after the ruling, referred to in Article 87i, paragraph 2, which upholds the complaint lodged against the decision of the National Electoral Commission on rejection of the report.
Article 87k. The National Electoral Commission shall publish in the Official Gazette of the Republic of Poland "Monitor Polski" and shall publicise in a form of a communiqué, the information on accepted and rejected reports of election committees.
1. Expenditures related to the organisation and preparation and conduct of elections shall be covered by the State budged.
2. The State budged shall cover expenditures related to:
1) duties of the National Electoral Commission and the National Electoral Office prescribed in this Act;
2) duties of electoral commission of subordinated level and tasks connected with ensuring services to them by assigned organs and organisational units;
3) election duties ascribed to the organs of government administration and organisational units as well as other organs of the State;
4) election duties ascribed to the units of territorial self-government.
3. The Marshall of the Seym shall provide the financial resources for expenses ascribed to the units of territorial self-government no later, than 30 days following the day of proclamation of elections.
4. The information concerning expenditures, referred to in paragraph 2 above, shall be published by the Head of the National Electoral Office no later, than within 5 months following the polling day.
5. The rules of financial planning and realisation of expenditures, referred to in paragraphs 2 and 3, as well as of the financial statistics are determined by public financing rules.
6. Head of the National Electoral Office shall administer financial resources referred to in paragraph 1 above.
CHAPTER 12a
Punitive Provisions
Article 88a. Any person who collects signatures supporting nomination for President of the Republic in violation of interdicts referred to in Article 40g, paragraphs 1, 2, or 3
– shall be punished by a fine of between 1,000 and 10,000 PLN
Article 88b. Any person who conducts election campaign in violation of interdicts referred to in Article 76b paragraph 2,
- shall be punished by a fine
Article 88c. Any person who shall publish the results of election opinion poll on probable behaviour of voters on polling day and results of elections or results election surveys made on polling day in violation of interdicts referred to Article 76c
- shall be punished by a fine of between 500,000 and 1,000,000 PLN
Article 88d. Any person who organise, in election campaign for nomination of the President of the Republic, any raffle lotteries or contests in violation of interdicts referred to in Article 78, paragraph 3,
-shall be punished by a fine.
Article 88e. Any person who in election campaign for nomination of the President of the Republic, serves and supplies alcoholic beverages in violation of interdicts referred to in Article 78, paragraph 4,
-shall be punished by a fine.
Article 88f. Any person who:
1) contribute funds or in-kind contributions for election campaign purposes in violation of interdicts referred to in Article 85, paragraph 2 or 3;
2) violates the rules described in Article 85 paragraph 4 concerning methods of collection of financial resources of a committee;
3) contribute funds for benefit of one committee in excess of the limit specified in Article 85 paragraph 5 or 6;
4) fails to insert a restriction into agreement on establishing bank account concluded by him on behalf of a committee, that any contribution given for a committee shall be made in a manner described in Article 85 paragraph 7,
-shall be punished by a fine.
1) spends resources belonging to the committee in violation of the rules of Article 84a paragraph 2 or 3, or against limitation specified in Article 84d;
2) transfers to the committee or accepts on behalf of the committee financial resources or in-kind contributions in contravention of prohibitions specified in Article 86;
3) spends funds of the committee in violation of the limited amount, specified in Article 87c or 87d
– shall be punished by a fine of between 1,000 and 100,000 PLN.
1) transfers funds or non-cash assets for the purpose of other committee in violation of the prohibition specified in Article 87a, paragraph 1, or receive or disburse committee’s funds after the day of submission of the election report referred to in Article 87g, paragraph 1;
2) makes expenditures for election campaign produced in forms and methods proper for advertisement in excess of the limit specified in Article 87b
-shall be punished by a fine.
1. Financial agent who fails to realise within a given time-limit:
1) an obligation of transferring any surplus funds referred to in Article 87b paragraph 8 to the charitable institution;
2) an obligation to submit to the National Electoral Commission an election report referred to in Article 87g, paragraph 1
-shall be liable to a fine or to limitation of liberty, or imprisonment for a term not exceeding 2 years.
2. Where any person prevents or obstructs performance of duties referred to in paragraph 1, sub-paragraph 1 or 2 above, shall be liable on the same conviction as prescribed in paragraph 1.
3. Where a person referred to in paragraph 1 acts unintentionally
-shall be punished by a fine.
1) conducts election campaign without permission of the committee, and its cost amounts from 5,000 up to 50,000 PLN
-shall be punished by a fine no less than the cost of such action;
2) realises acts referred to in paragraph 1 above and their cost exceeds 50,000 PLN
-shall be liable to a fine no less than the cost of such action and to limitation of liberty, or imprisonment for a term not exceeding 2 years.
Article 88k. The appropriate provisions on procedure in cases of misdemeanour shall apply to proceeding in the matters referred to in Articles: 88b, 88e, 88f and 88h.
CHAPTER 13
Special and final provisions
Article 88l. 1. In the event that the index of prices of consumer goods and services reports an increase in prices by more than 5%, the Minister in charge of public finance matters shall proportionally increase, in a regulation, sum of money referred to in Article 84d.
2. The above mentioned index of prices shall be established on the basis of a communiqué given by the President of Main Statistic Office in the Official Gazette of the Republic of Poland “Monitor Polski” no later, than on 20th of the first month of each quarter of the year.
Article 90. All written documentation, judicial and administrative proceedings in election matters shall be without payment.
Article 90a. 1. Whenever in this Act references are made to the expiry of a time limit for lodging a complaint or an appeal to the court or an electoral body, this shall be understood as the day of filing a complaint or appeal with the court or with the electoral body.
2. If the expiry of time limit for performance of action specified in the Act fails on a day, which is statutorily not a day of work, the time limit shall expire on the first working day after that day.
3. If this Act does not state differently, the electoral actions described in election calendar as well as the actions referred to in paragraph 1, shall be performed within the working hours of the courts and electoral bodies.
Article 91. The Act shall enter into force on the day of its promulgation.
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The uniformed Act prepared by:
Krajowe Biuro Wyborcze, Warsaw, July 2004
Translated from Polish by Henryk Bielski.