Legislative Framework

Poland

LF001

Status of Electoral Law

Question:	What is the status of the electoral law governing national elections?
Answer(s):	a. Part of Constitution b. Separate legislation d. Regulations or administrative rules
Comments:	The Constitution and The Election Code.
Source:	Election Code: Act of 5 January 2011 on Election Code to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009: https://www.constituteproject.org/constitution/Poland_2009
Verified:	2024/11/13

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LF003

Electoral Law covers

Question:	The national electoral law covers:
Answer(s):	a. National elections b. Regional elections c. Local elections d. Referendums
Comments:
Source:	Election Code: Act of 5 January 2011 on Election Code to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf Electoral Law, Act of 27th September, 1990 on Election of the President of the Republic of Poland: http://webcache.googleusercontent.com/search?q=cache:b4PmeKBtlf0J:www.legislationline.org/documents/action/popup/id/4542&hl=en&gl=us&strip=1&vwsrc=0; Law: The Act of 14th March 2003 on nation-wide referendum; Electoral Law: "Ustawa z dnia 16 lipca 1998 r. - Ordynacja wyborcza do rad gmin, rad powiatów i sejmików województw"; Electoral Law: "Ustawa dnia 20 czerwca 2002 r. o bezpośrednim wyborze wójta, burmistrza i prezydenta miasta".
Verified:	2024/11/13

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LF004

Compulsory/voluntary voting

Question:	Is voting on the national level voluntary or compulsory?
Answer(s):	a. Voting is voluntary
Comments:	If, no later than on the day of vote, he has attained 18 years of age, a Polish citizen shall have the right to participate in a referendum and the right to vote for the President of the Republic of Poland as well as representatives to the Sejm and Senate and organs of local self-government.
Source:	The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 62: https://www.constituteproject.org/constitution/Poland_2009
Verified:	2024/11/13

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LF007

Electoral Disputes Agency(ies)

Question:	What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):	a. Judiciary b. EMB
Comments:	§ 13 The resolution of the municipal council referred to in § 2, 4 and 9, may be subject to a complaint to the electoral commissioner, submitted by at least 15 voters within 5 days from the date of making the resolution public. The head of the elections commission shall examine the complaint within 5 days and issue a decision. The decision of the head of the elections commission is not subject to further legal remedies. § 4 Voters have the right to appeal the decision on refusal to enter him or her on the register of voters to the competent regional court. The complaint is lodged through the intermediary of the mayor of the municipality, within 3 days of receipt of the decision. The mayor immediately transmits the complaint to the court along with the decision and the case file. The mayor may also immediately change or revoke the decision, if he or she considers the complaint justified in its entirety. § 5 The court reviews the complaint referred to in § 4, in non-litigious proceedings, within 3 days of its receipt. A copy of the order shall be served on the person who filed the complaint, and the mayor. The court order is not subject to further appeal. § 1 Electoral complaints are lodged with the court indicated in specific provisions of the Code.
Source:	Election Code: Act of 5 January 2011 on Election Code to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland, article 12(13), 20(4)(5) and 83(1): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified:	2024/11/13

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