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

§ 2. The National Election Commission shall determine a material jurisdiction of election commissioners, including competence within the scope of performing voivodship-wide activities, taking into account tasks connected with elections to local government units and the tasks referred to in art. 167 § 1 point 8 and 9, as well as the territorial jurisdiction of election commissioners and their seat.

§ 3. Election commissioners in number of 100, subject to § 2, shall be appointed for a period of 5 years, by the National Election commission, at the request of the minister competent for internal affairs, from among persons with higher legal education and guaranteeing proper performance of this function. The same person may be re-appointed as Commissioner.

§ 3a. In case of justified objections to candidates for election commissioners, indicated in the manner referred to in § 3, the National Election Commission shall immediately inform the minister competent for internal affairs, who indicates new candidates.

§ 4. An election commissioner cannot belong to political parties or conduct activities public incompatible with the function. An election commissioner cannot be a person convicted by a final judgment of an intentional indictable offense or intentional fiscal offense.

§ 5. Candidates for elections, electoral representatives, financial representatives, agents, election officers and electoral committee members may not be election commissioners.

§ 6. Election commissioners shall be entitled to monthly remuneration in the amount of remuneration of a member of the National Election 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)       signing consent to be reported to the election commission, standing for election or becoming  an electoral representative, financial representative, agent or electoral officer.

4)       referred to in § 4;

5)       of dismissal.

§ 8. The National Election Commission shall dismiss an election commissioner before the end of the period for which he/she has been appointed in the event of the failure to the improper performance of duties of an election commissioner.

§ 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 Election 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.