§ 1. The National Election Commission is a permanent, supreme electoral body competent to carry out elections and referendums.

§ 2. The National Election Commission shall comprise:

1) 3 judges of the Constitutional Tribunal, designated by the President of the Constitutional Tribunal;

2) 3 judges of the Supreme Court, designated by the First President of the Supreme Court;

3) 3 judges of the Supreme Administrative Court, designated by the President of the Supreme Administrative Court.

§ 2a. The term of office of a member of the National Election Commission is 9 years.

§2, §2a, §2b, §2c  effective from the new term of office of the Sejm of the Republic of Poland

§ 2. The National Election Commission shall comprise:

1) 1 judge of the Constitutional Tribunal designated by the President of the Constitutional Tribunal;

2) 1 judge of the Supreme Administrative Court designated by the President of the Supreme Administrative Court.

3) 7 persons qualified for the office of judge, designated by the Sejm.

§ 2a. The requirement referred to in § 2 point 3 does not apply to a person who:

1) has at least three years of professional experience as a prosecutor, President of the General Prosecutor's Office of the Republic of Poland, its vice president, legal counsellor or practicing law in Poland as an attorney, legal adviser or notary;

2) worked at a Polish university, at the Polish Academy of Sciences, at a research institute or

another scientific institution, having the academic title of professor or habilitated doctoral degree in legal sciences.

§ 2b. The term of office of members of the National Election commission referred to in § 2 items 1 and 2, is 9 years.

§ 2c. The term of office of a member of the National Election commission referred to in § 2 point 3, corresponds to the term of office of the Sejm, subject to Article 158 § 1a.

§ 3. The judges mentioned in § 2 shall be appointed by the President of the Republic of Poland by decision.

§3 effective from the new term of office of the Sejm of the Republic of Poland

§ 3. The members of the National Election commission shall be appointed by the President of the Republic of Poland by decision.

§ 4. Also a retired judge can be a member of or be appointed to the National Election Commission.

§ 4a - 4e effective from the new term of office of the Sejm of the Republic of Poland

§ 4a. Candidates for members of the National Election Commission appointed on the basis of § 2 point 3 shall be nominated by parliamentary or deputy clubs. The number of these members must reflect proportionally the representation of parliamentary or deputy clubs in the Sejm.

§ 4b. The number of members appointed to the National Election Commission from the nominees of one parliamentary or deputy club may not be greater than 3, subject to § 4c.

§ 4c. In the event that there are two parliamentary or deputy clubs in a given term of office of the Sejm, the remaining candidate for the part of the National Election Commission referred to in § 2 point 3, emerges through a random draw carried out by the Presidium of the Sejm from among persons proposed by parliamentary or deputy clubs; each of them may submit for the draw one person.

§ 4d. After the appointment of members of the National Election Commission referred to in § 2 point 3, changes in the number and composition of parliamentary or parliamentary clubs occurring during the same term of office of the Sejm shall not affect the composition of the National Election Commission.

§ 4e. Members of the National Election Commission referred to in § 2 item 3 may not belong to political parties or engage in incompatible public activities with the function of Commission member.

§ 5. The National Election Commission shall appoint a chairperson and two deputy chairpersons from among its members.

§ 5 effective from the new term of office of the Sejm of the Republic of Poland

§ 5. The National Election commission elects and dismisses from its composition the chairman and two deputy chairmen. The function of the chairman of the National Electoral Commission may only be performed by a person appointed pursuant to § 2 point 1 or 2.

§ 6. Duties of the secretary of the National Election commission shall be performed by the Head of the National Election Office who shall attend its meetings in an advisory capacity.

§ 7. The decision mentioned in § 3 shall be made known to the public and published in the Official Gazette of the Republic of Poland “Monitor Polski”.