Poland
I.
Democratic transformations of the political system in Poland after
1989 opened the gate for the establishment of electoral rules
in accordance with the standards characteristic for the democratic
rule of law, guaranteeing the real freedom of elections and fairness
of their pursuance.
They covered, particularly:
- establishment of institutional guarantees for the functioning
of the system of citizens ’ organization based on the pluralism
of political parties,
- securing a free, within the boundaries of the binding law, and
founded on the programmes ’ competition, election campaign,
- creation of mechanisms allowing entities determined by law to
put up candidates according to the principle of equality as well
as ensuring voters some basic information on candidates (their
age, education, political option represented and their participation
or not in the functioning of the machinery of violence - in the
communist security services between 1944 and 1990),
- introduction of an appeal against particular voting acts and
of the social control of the voting proceedings, including the
process of voting and finding returns,
- assigning the ascertainment of validity of elections, together
with the right to their partial or complete annulment, to the
judiciary - the Supreme Court,
- assigning organization of elections to the institutions independent
from other authorities and conferring them, according to their
level within territorial structure, a status of bodies working
on a permanent basis and not only in the elections period (National
Electoral Commission and electoral commissioners),
- appointment of qualified electoral civil servants (elections’
administration) performing executive (non-political National Electoral
Office) and supporting services (electoral officials in communities,
districts and voievodeships),
- providing an amount of financial resources aimed at the performance
of duties with regard to the organization of elections as well
as the activity of electoral institutions and the control of their
expenditures, independent from the executive,
- establishing a transparency principle of the financing of participation
in elections of the entitled entities, including financial regulation
of election campaign and of reporting incomes and expenditures
related to the elections, which are verified by electoral authorities,
as well as an introduction, with regard to this principle, of
new legal solutions in the system of political parties ’ financing.
Work on the introduction of the democratic election standards
to the Polish legal system has been continued, with changing intensity
and in different periods, since 1990 - so almost an entire decade.
Modifications introduced between 2000 and 2005 have been aimed
at the improvement of the existing electoral solutions rather
than at establishing new ones.
During the past fifteen years, democratic electoral law has
been the ground of, as follows:
1) general elections
- of the President of the Republic of Poland (in 1990, 1995, 2000
and 2005)
- to the Parliament, e.g. Sejm and Senat [the two chambers of
Polish parliament] (in 1991, 1993, 1997, 2001, 2005)
- to the European Parliament (since 2004)
- local authorities
- legislative bodies (in 1990, 1994, 1998, 2002)
- executive bodies (since 2002)
2) national referenda
- referendum on an issue of a particular significance to the country
(1996)
- referendum ratifying Constitution (1997)
- referendum on Polish accession to the European Union (2003)
Principles of the electoral system are presented in the attachment
to this article.
II.
Doubtless these are the broadly understood electoral bodies like
the National Electoral Commission, authorities of a lower level
and electoral administration, that constitute the main centres
of initiative of the amendments to the legislation with regard
to the elections. Experiences and conclusions resulting from the
elections and referenda that had been organized are presented
both in the required by law reports of electoral bodies after
elections (or national referenda) and information on the observance
of electoral law provisions, as well as in some cases of signalizing
motions.
It would not be possible to present in such a short essay all
issues relating to the transformations in Polish electoral law.
Therefore, the presentation shall be limited to only those issues
that, in author ’s view, have been of crucial importance - in
the light of the past fifteen years and the objectives desired
for the future. It shall focus on: 1) the structure and functions
of the bodies organizing elections at the national level and 2)
principles of election campaign and its financing.
Ref.1.
Starting from the first electoral laws, that constituted
the ground of 1990 free elections to the local self-government
and elections of the President of the Republic of Poland, there
was an evident principle of assigning organization of elections
to the independent electoral authorities. It meant, with regard
to Polish experiences from the communist period, that their personal
composition is set no more according to the political key. This
personal composition has been therefore based on judges due to
their independence from the representatives of the executive and
legislative powers and legal ban on participation in any political
party or involvement in any political activity.
The second factor consisted of conferring the electoral authorities,
according to the level in territorial structure, a status of a
body working on a permanent basis and not only in elections ’
periods. It was rightly stated that the functioning of such a
body limited by time framework: from the date of ordering elections
to the date of finding of their results, could lead to a certain
attenuation of the sense of responsibility, also in the eyes of
the public. A body working on a permanent basis must be aware
that the performance of its duties and the activity of particular
persons of that it is composed, shall be “judged” also after elections.
There is also another principle that corresponds with the one
presented above, namely that an institution at a higher level
creates a personal composition of an institution at a lower level,
while the electoral body sets its internal composition itself.
Providing electoral institutions with their own executive body
and guaranteeing them adequate financial resources for the performance
of duties relating to elections where their amount and control
of expenditure is independent from the executive power, constituted
the third element of the independent electoral institutions ’
construction.
As a result of the above, the system of electoral institutions
for the elections to the Parliament (Sejm and Senat), elections
of the President of the Republic of Poland and elections to the
European Parliament, consists of:
- at the national level: National Electoral Commission as a supreme
and standing electoral institution in charge of all elections
and referenda.
It consists of nine judges of the supreme courts and tribunals.
They are indicated by three presidents: of the Constitutional
Tribunal, of the Supreme Court and of the Supreme Administrative
Court, and then appointed by the President of the Republic of
Poland. This appointment is without time limit and in practice
it means that members of the National Electoral Commission perform
their duties as long as they exercise the office of the judge
(until the age of 70). Members of the National Electoral Commission
perform their duties relating to elections independently from
performing judge ’s duties.
National Electoral Commission designates a chairman and two vice-chairmen
from among its members;
- as an intermediary level of electoral institutions there are
electoral district commissions. They do not work on a permanent
basis and they are appointed for each election. They consist exclusively
of common courts judges from the region. Candidates for these
offices are put up by the Minister of Justice, however it is the
National Electoral Commission that appoints them. Commissions
at the intermediary level are subordinate exclusively to the National
Electoral Commission and they are in charge of registering the
candidates for the MPs as well as of the preparation, organization
and pursuance of elections at their territories (within their
electoral districts);
Temporary character of these commissions is related mainly to
the principle of proportionality of elections to Sejm; in case
of an expiration of an MP ’s mandate, the following candidate
from the list takes the place. As for the second chamber of Parliament
(Senat), even though as a matter of principle supplementary elections
are organized, such situations are so rare, that it does not constitute
a sufficient justification of a permanent character of electoral
district commissions;
- at the lowest level, common for all general elections, there
are local returning commissions appointed separately for each
elections out of the voters and persons sent there by political
parties. There are no judges in local returning boards; they are
social institutions, their aims are limited to the organization
of voting in their circuit and finding returns.
One of the characteristics of the functioning of lower level electoral
institutions is their subordination to the National Electoral
Commission with regard to the unified application of electoral
law provisions. Explanations and interpretations submitted by
the National Electoral Commission are binding for the lower level
commissions; they must obey to its directives.
On the other hand, performance of duties by the National Electoral
Commission is under the exclusive control of the Supreme Court,
which considers - in the cases determined by law - claims against
the National Electoral Commission’s activity as to the observance
of legal provisions as well as ascertains elections ’ validity.
National Electoral Commission and electoral district commissions
have an executive body - an electoral institution working on a
permanent basis - National Electoral Office, which has 49 departments
in the voievodships. National Electoral Office is managed by the
Head that is appointed and dismissed by the Speaker of Sejm uniquely
on the motion of the State Electoral Board. He is also, ex officio,
a secretary of the National Electoral Commission and participates
in its meetings as counsel. Any of the employees of the National
Electoral Office, including its Head, cannot be associated in
any political party or perform political activity in any other
form.
National Electoral Office independently drafts budget projects
and manages the financial resources for the activity of the National
Electoral Commission as well as for its own activity - budget’s
amount is dependent only on the Parliament; government may not
question it.
The practice so far allows coming to the conclusion that the system
of electoral institutions consisting of the standing National
Electoral Commission with the judges ’ composition as well as
intermediary (district) commissions has been successful. The independence
of these institutions, their objectiveness, and resistance to
the pressure or influences from other State institutions or politicians
have never been challenged. Another important factor is that no
legal aspects of their activity have ever been successfully challenged.
In the local elections, due to their particular character and
three levels of local self-government (voievodships, districts
and communities), the situation is slightly different.
Apart from the National Electoral Commission, the same as for
the elections to the Parliament, of the President of the Republic
of Poland and to the European Parliament, there are two divisions.
The first division consists of standing one-person institutions:
electoral commissioners that are appointed out of judges, for
the period of five years by the National Electoral Commission
(on the Minister of Justice motion). The same person may be re-appointed
for this office only once and performs its duties independently
from exercising judge ’s office. An electoral commissioner is
the National Electoral Commission’s proxy designated for a part
of a voievodship. Electoral commissioners (there are 51 of them)
organize local elections and supervise the process according to
the binding law. They are, moreover, on the ground of other electoral
laws, the chairmen of the electoral district commissions in the
parliamentary and presidential elections.
The second division consists of electoral commissions: at the
level of voievodships, districts and communities (municipalities)
as well as local returning commissions which are in charge of
a direct organization of elections at a particular level of self-government.
Voievodship, district and municipal electoral commissions ’ chairman’s
office is exercised ex officio by a judge designated by the chairman
of the district court from this territory. Other members of these
commissions are appointed among persons proposed by political
parties. Local returning commissions are composed exclusively
of voters and persons designated by political parties. These commissions
do not work on a permanent basis and therefore are appointed for
every elections.
Scheme of the institutions organizing elections in the Republic
of Poland has been presented in attachment no.2 to the paper.
Ref.2.
Principles of election campaign are, above all,
determined by electoral laws. If we take into account time and
forms of electoral agitation, bans and protection measures against
the abuse of freedom of election campaign, it could be said that
they are quite unified with regard to different elections.
Characteristics of the legal regulations of election campaign
are as follows:
- election campaign can be exercised from the day of ordering
elections by the competent body, until the day preceding voting
day. During the “pre-voting silence” period any manifestations
or other citizens’ assemblies cannot be organized (this prohibition
does not cover cultural or sports events), any electoral agitation
cannot be performed (like distribution of leaflets, handing about
of posters and political slogans), presenting the results of electoral
surveys, etc. It is also not allowed to use, for the purpose of
electoral agitation, any means of social communication (press,
television, radio and any other electronic media of the kind).
It means however that during the period of election campaign it
can be performed without any particular limitations, apart from
some exceptions, which are as follows:
- territories where the campaign cannot be performed consist of
military and police zones, buildings of public administration
(governmental and self-governmental) and courts;
- protection from the lawless placing of electoral posters and
slogans on the buildings and other property, regardless of whose
property it is; consent must be granted by the proprietor or the
administrator;
- prohibition of organization, within election campaign, of competitions
and gambling with pecuniary prizes or prizes consisting of objects
of a value higher than this which is usually used for the advertising
or promotion, as well as the prohibition of serving alcoholic
beverages free of charge or at discount.
Another important factor of the protection of “fairness” in the
political fight during the campaign period lies in the right to
the judiciary protection of personal interests. Everyone can claim
in the court on slander, giving fault information and demand seizure
of such materials (poster, publications) as well as an injunction
to prevent further presentation of this information, issue of
an order to correction of the statements, and also the recovery
of damages or exemplary damages for charity institutions. In these
cases there are special proceedings as to the time of considering
a claim by the court. The court has 24 hours to consider the claim
and the appeal court has the same period.
Judiciary practice indicates that it constitutes an efficient
protection measure. It must be emphasized that the above mentioned
proceedings do not prevent to claim by the injured persons in
the penal or civil proceedings according to the provisions of
other statutes.
The form of election campaign, meaning the presentation of electoral
programmes and candidates in a television and radio, deserves
a separate part of the essay. Each party or organization, as well
as an individual candidate, has a right to the free of charge
broadcasts in the public radio and television within the period
and time limits determined by law. Interference in the content
of these broadcasts is permitted only on the ground of a judgment
in force.
In the parliamentary elections (according to the binding electoral
law) parties’ and candidates’ broadcasts are given in the period
starting 15 days before voting, so when the registration of candidates
is completed. Together, they are at disposal of 25 hours in Polish
Television and 45 hours in Polish Radio. This time is divided,
generally speaking, proportionally to the amount of registered
candidates.
Electoral broadcasts of political parties and candidates can be
also given for a fee both in public radio and television, and
in commercial channels. Paid broadcasts are however limited as
to the percentage of time for this purpose (15 per cents of the
time determined for the broadcasts free of charge), as well as
to the price that can be offered for this service (50 % of prices
of advertisements).
Political campaign is also regulated as to its financial aspects.
According to the binding law, financing of the participation in
elections is public and the costs of election campaign are born
by political parties from their own resources. This means that
political parties must draft and then present to the public a
report as to the sources of their income and the objectives for
which they were spent.
Until recently legal provisions did not manage to follow these
principles, particularly as to the reliability of the presented
amounts of income and their sources.
In the result of long discussions on the legal mechanisms determining
election campaign financing, and in particular its transparency
as a factor preventing the “commerce of political influences”
and limiting the pressure on the political life of the economically
most powerful forces, the main objectives of the new legal regulation
were drafted - these included particularly assigning the National
Electoral Commission the control of the sources of financing of
election campaign and political parties ’ activity.
They are as follows:
- determining the limits of expenditures that can be in total
devoted to the election campaign and its different forms;
- determining time limits when the financing of election campaign
is legally permitted and controlled;
- deciding on the means of gathering financial resources for election
campaign and limitations as to the sources of this income;
- duty of presenting the National Electoral Commission reports
on election campaign financing (together with the elementary source
documents),
- obligatory audit of financial reports, exercised by expert auditors
(the State to bear the costs);
- possibility, and in case of a motion of the entitled persons
or institutions, a duty, to verify financial reports;
- determining penal and financial sanctions for the breach of
the provisions on election campaign ’s financing.
These objectives were introduced to the amended electoral law
and they have been binding in elections since 2002.
As a matter of example:
- expenditures for the election campaign of a candidate for the
office of the President of the Republic of Poland in 2005 cannot
exceed 13,8 million PLN (about 3 millions Euros);
- financial resources can be gathered exclusively at the bank
account;
- payments of financial resources are controlled as to the amount
and they can be done only on a bank account and only with a cheque,
money transfer or with a credit card;
- payments cannot come from the State nor self-governmental institutions
(from the bodies being at disposal of public finances), entrepreneurs
neither from foreign sources, excluding Polish citizens living
abroad.
New solutions have been also introduced to the system of political
parties financing, in particular as to their financial reinforcement.
Previously there was a rule that political parties received a
partial reimbursement from the State financial resources dependent
on the results achieved in elections: the amount of mandates got
in the parliament or the amount of votes (at least 3% of the national
total). These sums of money were paid in two parts: 40% immediately
after elections and 60% - in four annual parts (during the entire
term of parliament). The sum of 15 % of electoral expenditures
born by the State served as the basis of calculation of these
amounts. This mean of reimbursement and its amount was not sufficient,
according to the most important political groups, for establishing
stable financial foundations of the political parties, for which
the main source of income consisted of insignificant membership
fees. As it was emphasized, such a system encouraged corruption
and hidden lobbying as a result of supporting parties ’ activity
by the groups of entrepreneurs and other economic powers.
Directions of changes were, as a matter of principle, accepted
by all parties represented in the parliament which introduced
a principle of financing political parties from two sources: from
the State in the form of a permanent, adequate financial support
dependent on the result in the elections (subsidy), to which each
party, that received at least 3% of votes, is entitled during
the entire term of parliament (4 years) and from the membership
fees; there exists also a possibility of the support by citizens
however with observance of the strict legal rules in this matter.
Financial sources of the political parties (their income) and
the use of State subsidies are controlled annually by the National
Electoral Commission. If a political party does not submit a yearly
financial report, it can be removed by the register court from
the register of political parties; moreover in the case of a party
receiving subsidy, it can be deprived of the right to this subsidy
for 3 consecutive years. Such a sanction is also applied in cases
where the submitted report was rejected.
III.
Somehow at a side of the main stream of transformations relating
to the democratization of electoral law, guaranteeing the respect
and possibility of real enjoyment of public rights and freedoms,
there was the domain of admissibility to modern technologies and
devices in some voting procedures, including mode of their application
and use as well as determining the legal status of acts performed
on their ground.
Nevertheless, the past years brought an incredibly dynamic development
of new technologies and digital devices and of their application
in the fields regulated by the provisions of administrative, financial
law (and particularly banking law), commercial law and civil law.
Legislation tries to follow this phenomenon providing some complex,
though more often rather partial, rules with regard to the application
of modern technologies and electronic devices. Changes undertaken
by the legislation seem however rather insufficient and cause
such a dissatisfaction of their addressees that they have even
negative social consequences undermining principle of citizens
’ confidence in the rule of law.
In our field of interest, so in the Polish electoral law, the
issues relating to the technologies and electronic devices were
concentrated, so far, on the question of their application in
the work of electoral institutions. Therefore, since 1991 electoral
law has determined in details the issues relating to the registration
of electoral data and finding voting and elections results with
application of electronic devices (computer systems) within electoral
structures (electoral institutions and their executive bodies).
The reason for such a situation is that the issues relating to
the application of computer technologies in finding elections
return are relatively the least problematic from the legal point
of view. In principle, they require simply a legal ground and
providing with - as for the technical and organization aspects
- appropriate instruments protecting the system of counting votes
and sending data, from external interferences.
As for technological and organization abilities, Polish electoral
computer systems certainly match the standards of other countries
being at a similar level of civilization ’s development; however,
doubtlessly, economic capability of the State budget may constitute
an obstacle as it covers all expenditures for the organization
of elections and national referenda.
Nevertheless, the application of electronic techniques in voting
process remained for many years a terra incognita in our country.
It considers the core issue of this problem, namely the forms
of electronic voting and technical and technological abilities,
but also, above all, legal problems relating to this subject.
The diversity of actions undertaken by different countries with
regard to the electronic voting and various stages of its implementation
has certainly a subjective nature and, despite the existence of,
generally speaking, the same legal standards, results from the
differences as to the systems of electoral law. It cannot be ignored
that “citizenship and indivisible acquisition and exercise of
the fundamental political rights, including voting rights, still
relates to a particular country and its territory ”.
One of the most essential issues in the considerations on the
aspects of electronic voting relates to the conformity of such
voting to the constitutional model of voting.
Constitution of the Republic of Poland, as the constitutions of
other democratic European countries, provides the principles of
electoral law, which constitute a ground of democratic elections.
These are as follows: universality, equality, freedom, directness
and secrecy of voting. To consider constitutional principles as
applied, these main conditions must be fulfilled.
In considerations on electronic voting it must be therefore taken
into account whether the introduction of such a form of voting
to the electoral system would not cause the problems of conformity
to the above-mentioned constitutional values.
From my point of view, it allows however to state that electronic
voting causes the same problems as other forms of voting outside
a polling station (by post or by a proxy). Nonetheless, they are
rather of technical nature and they can be efficiently resolved
and then introduced to the legal system.
Due to the interdisciplinary character of this problem, not only
lawyers but also computer specialists, sociologists and experts
from other fields should be involved in the groundwork for finding
new solutions with regard to the forms of voting.
It is positive that the issue of electronic voting has been considered
by international organizations, inter alia by our Association
(ACEEEO) and the Council of Europe.
Presumably also in our country a wider discussion and debate on
electronic voting shall be immediately undertaken - they should
bring some directives as to the eventual scope of legislative
travaux pr éparatoires, of course if electronic voting is considered
as a valuable electoral instrument, enabling the citizens entitled
to participation in elections and referenda an unreserved exercise
of their rights.
IV.
A crucial problem of Polish electoral law, as also in many other
countries, is the deficiency in its stability. Electoral law,
due to its essential role for the entire legal system, should
be protected from an extensive liberty in introducing amendments,
including in particular modifications dictated by political will
of parliamentarian majority.
It is therefore postulated to apply to the electoral laws a principle
of stability of law, understood as the prohibition of introducing
amendments, unless there are extraordinary events (like historical
transformations of the political system) or further maintenance
of binding regulations hinders or even disables political and
social transformations.
As results from the above, amendments to the electoral law can
be introduced if, at least:
- there is a necessity of introducing new legal instruments, particularly
those guaranteeing or allowing to exercise fundamental citizens
’ rights,
- previous legal rules have been, in the light of practice, negatively
evaluated as incomplete or if their objective cannot be achieved
because of their ambiguity,
- electoral system, understood as a way of deciding on a personal
composition of State institutions, does not fulfil, in the lapse
of time, its creative function disabling the establishment of
authorities that would be representative and capable of exercising
their power.
The conditions listed above are not exhaustive because the stability
and reliability of law constitute certainly precious values, though
accepted only when the law itself includes a socially desired
content. Therefore, there can arise also different, however important,
reasons justifying introduction of amendments to electoral law.
Deficiency of appropriate stability of electoral law has for sure
many different roots. They consist of objective conditions justifying
the necessity of modifications due to the experiences of the practice
of electoral provisions ’ application (modifications unifying
the same electoral instruments determined by different statutes
concerning different types of elections) or to the harmonization
of electoral law provisions with the rules established in international
agreements.
There are also subjective conditions, therefore not only justified.
There exists also a false presumption as for the omnipotence of
law in each, even inessential case, and it is forgotten that ex
his, quae forte uno aliquo casu accdere possunt, iura constituuntur.
For a long time Polish philosophy of law as well as the opinions
of a broadly understood electoral administration have expressed
a belief in the need of codification of electoral law as a particular
solution to a “scattering” of electoral law in several statutes
providing legal rules for different types of elections. This “scattering”
makes electoral law even more susceptible to changes, while changes
made in one electoral statute are not always, for different reasons,
compatible with modifications provided for another statute.
It results with discrepancies between legal regulations concerning
in fact the same issues of electoral law in different statutes.
An electoral code could therefore cover issues relating to elections
in a complex manner, not leaving outside any issues within electoral
law, and moreover it would guarantee - due to its form of a particular
statute and internal structure - a stability of its solutions
in the future.
Attachment no. 1
PRINCIPLES OF ELECTORAL SYSTEM
OF THE REPUBLIC OF POLAND
I. 1. REPUBLIC OF POLAND
TERRITORY: 312 683 km2
POPULATION: 38 644 000
VOTERS: 30 279 209 (23 October 2005 est.)
ADMINISTRATIVE DIVISIONS:
16 voievodships, divided into districts (total: 315 districts), each district is divided into communities (total: 2 489 communities).
2. POLITICAL SYSTEM OF THE REPUBLIC OF POLAND
Republic of Poland is a democratic State with the rule of law,
and its political system is based on the division and equilibrium
of:
- legislative branch, consisted of Sejm and Senate (bicameral
parliament),
- executive branch, consisted of President and Government,
- judicial branch, consisted of Courts and Tribunals.
II. PRINCIPLES OF ELECTORAL LAW
Voters that by the date of voting are at least 18 years old,
elect in popular vote:
1) Parliament (Sejm and Senat) for a four-year term,
2) President of the Republic of Poland for a five-year term,
3) Local government: legislating bodies - councils of communities,
districts and voievodships, and executive bodies - village-mayors,
mayors of towns and presidents of cities for a four-year term,
4) deputies to the European Parliament for a five-year term.
1. PARLIAMENT consists of two chambers: SEJM (460 MPs) and SENAT
(100 Senators).
Only Polish citizens may participate in elections.
A. ELECTIONS TO SEJM
Elections:
- are popular, equal, direct and proportional and the voting is
secret;
- a right to put up candidates belongs to the political parties
(coalitions of parties) and groups of voters; a candidate must
be a Polish citizen and by the date of elections must be at least
21 years old;
- are held in 41 electoral districts, embracing from 7 to 19 MP’s
mandates;
- repartition of mandates in the districts is according to the
d’Hondt method; a prerequisite of the participation in mandates
repartition is to achieve at least 5% of valid votes within the
entire country (8% for coalitions of parties).
B. ELECTIONS TO SENATE
Elections:
- are popular, direct, majority and the voting is secret;
- a right to put up candidates belongs to the political parties
(coalitions of parties) and groups of voters; a candidate must
be a Polish citizen and by the date of elections must be at least
30 years old;
- are held in 40 electoral districts, embracing from 2 to 4 Senators’
mandates;
- mandates are acquired by those candidates who received, successively,
the largest amount of valid votes in their electoral district.
2. ELECTIONS OF THE PRESIDENT OF THE REPUBLIC OF POLAND
Elections:
- are popular and direct and the voting is secret;
- a right to put up candidates belongs exclusively to Polish citizens
(voters) in groups of at least 100 000; a candidate must be a
Polish citizen who by the date of voting is at least 35 years
old;
- wins the candidate who achieves more than 50% of valid votes.
If none of the candidates achieves the required amount of votes,
then the second turn of elections is held 14 days after the first
one - voters choose between two candidates who achieved successively
the largest amount of votes in the first turn; wins this candidate
who achieves more votes.
3. ELECTIONS TO LOCAL GOVERNMENT
A. Elections to the legislative bodies of self-government
units, e.g. councils of communities, districts and voievodships
Elections:
- are popular, equal, direct and the voting is secret. In the
communities with less than 20 000 inhabitants the elections are
majoritarian, while in the communities with over 20 000 inhabitants
as well as in the districts and voievodships the elections are
proportional (repartition of votes according to the d ’Hondt method
with a 5% electoral threshold);
- every Polish citizen who by the date of voting is at least 18
years old and whose domicile is at the territory of a given council
for at least a year has an active as well as passive electoral
right to this council;
- active electoral right (voting right) to a community council
is also held by a citizen of the European Union who does not hale
Polish citizenship and who, by the date of voting is at least
18 years old and has a domicile in this community for at least
one year;
- right to put up candidates is held by political parties (coalitions
of parties), social organizations and groups of voters.
B. Elections to the executive bodies of self-government
units (municipalities and communities), e.g. village mayors, mayors
of towns and cities ’ presidents
Elections:
- are popular, direct, majoritarian and the voting is secret;
- active electoral right is held by everybody who holds electoral
rights to the council of a given community (ref. sec. A);
- passive electoral right is held by Polish citizens who by the
date of voting are at least 25 years old;
- right to put up candidates belongs to political parties (coalitions
of parties), social organizations and groups of voters;
- wins the candidate who achieved more than 50% of valid votes.
If none of the candidates achieves the required amount of votes,
then the second turn of elections is held 14 days after the first
one - voters choose between two candidates who achieved successively
the largest amount of votes in the first turn; wins this candidate
who achieves more votes.
4. ELECTIONS TO THE EUROPEAN PARLIAMENT
54 deputies are elected to the European Parliament.
Elections:
- are free, popular, direct, proportional and the voting is secret;
- right to put up candidates belongs to political parties (coalitions
of parties) and groups of voters; candidates may be among Polish
citizens as well as citizens of the European Union who by the
date of voting are at least 21 years old, were not convicted for
a voluntary offence and who has their domicile at the territory
of Poland or another Member State of the European Union for at
least five years;
- are held in 13 electoral districts;
- general repartition of mandates is provided by the National
Electoral Commission according to the d ’Hondt method; a prerequisite
for the participation in repartition of mandates is to achieve
at least 5% of valid votes within the entire country. Then, National
Electoral Commission sets the number of mandates acquired by particular
lists of candidates in the districts and finally - which candidates
from a given list acquire the mandate (following the amount of
votes).
III. SUFFRAGE
One can vote only personally and only once, using
official voting cards in the rolling stations opened at the territory
of Poland, including prisons and hospitals. In the parliamentary
and presidential elections and elections to the European Parliament
polling stations are organized also abroad and on Polish ships.
IV. VALIDITY OF ELECTIONS
- of parliamentary, presidential and elections to
the European Parliament - ascertained by the Supreme Court;
- of local government - ascertained by common courts within a
given territory.
