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Article 166
 

§ 1. An election commissioner shall be a plenipotentiary of the National Electoral Commission assigned to the area constituting a voivodship or part of one voivodship.


§ 2. The National Electoral Commission shall determine a territorial competence of election commissioners and an operational competence within the scope of performing voivodship-wide activities, taking into account tasks connected with elections to the voivodship sejmik and the tasks mentioned in Article 167 § 1 points 8 and 9.


§ 3. Election commissioners shall be appointed in each voivodship, from 2 to 6, from among judges, for a period of 5 years, by the National Electoral Commission, at the request of the Minister of Justice. One individual shall have the right to be reappointed to the position of a commissioner.


§ 4. Also a retired judge who however has not turned 70 years of age shall have the right to be an election commissioner.


§ 5. An election commissioner shall perform his/her duties irrespective of holding office of a judge of a competent court.


§ 6. Election commissioners shall be entitled to monthly remuneration in the amount of remuneration of a member of the National Electoral Commission. The provision of Article 159 § 3 shall apply accordingly.


§ 7. Duties of an election commissioner shall expire in the event:


1) of resigning from the position;


2) of death;


3) of cessation of service relationship of a judge;


4) when a commissioner being a retired judge has turned 70 years of age;


5) of dismissal.


§ 8. The National Electoral Commission shall dismiss an election commissioner before the end of the period for which he/she has been appointed:


1) in the event of the failure to perform or the improper performance of duties of an election commissioner;


2) at the reasoned request of a president of a competent court;


3) at the reasoned request of the Minister of Justice.


§ 9. In the cases mentioned in § 7 and 8 an election commissioner shall be appointed in the manner and under the conditions laid down in § 3. § 10. In the event of temporary inability to perform duties by an election commissioner, the National Electoral Commission shall be entitled to entrust performance of these functions, for this period, to another election commissioner or another person who shall ensure the sound performance of election activities.