Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: § 1 Voting in elections shall be conducted in constant and distinct voting circuit established on
the territory of the municipality, subject to Art. 14 § 1 and art. 15 § 1
§ 2 The division of the municipality into permanent voting circuits, shall be determined through
a resolution of the municipal council on motion of the mayor.
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: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers
Comments: § 1: Voting in elections shall be conducted in constant and distinct voting circuit established on
the territory of the municipality, subject to Art. 14 § 1 and art. 15 § 1
§ 3 A permanent voting circuit should include a vote of 500 to 3000 inhabitants. In cases
justified by local conditions, a circuit may include a smaller number of inhabitants.
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: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber) b . Legislature (2nd chamber)
Comments: § 2 The division of the municipality into permanent voting circuits, shall be determined through a resolution of the municipal council on motion of the mayor.
§ 11 In the establishment of voting circuits the municipal council also established their numbers,
boundaries and offices of the circuit electoral commissions.
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: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The President of the Republic shall be elected by the Nation, in universal, equal and direct elections, conducted by secret ballot.
A candidate who has received more than half of the valid votes shall be considered elected President of the Republic. If none of the candidates has received the required majority of votes, then a repeat ballot shall be held on the 14th day after the first vote.
The two candidates who have received the largest number of votes in the first ballot shall participate in a repeat ballot. If one of the two such candidates withdraws his consent to candidacy, forfeits his electoral rights or dies, he shall be replaced in the repeat ballot by the candidate who received the next highest consecutive number of votes in the first ballot. In such case, the date of the repeat ballot shall be extended by a further 14 days.
The candidate who receives the higher number of votes in the repeat ballot shall be elected President of the Republic.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 127: https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The President of the Republic shall nominate a Prime Minister who shall propose the composition of a Council of Ministers. The President of the Republic shall, within 14 days of the first sitting of the Sejm or acceptance of the resignation of the previous Council of Ministers, appoint a Prime Minister together with other members of a Council of Ministers and accept the oaths of office of members of such newly appointed Council of Ministers.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 154 (1): https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: The President of the Republic of Poland shall be the supreme representative of the Republic of Poland and the guarantor of the continuity of State authority.
Source: 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
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: Legislative power in the Republic of Poland shall be exercised by the Sejm and the Senate.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 95 (1): https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: Article 192: "Elections to the Sejm shall be universal, equal, direct and proportional and shall be conducted through a secret vote".
Article 193(1): "460 deputies are elected to the Sejm from the lists of candidates for deputies in the multi-member electoral constituencies".
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 192 and 193 (1): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
Legislative Framework
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
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
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
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
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level
Comments: § 1. The National Electoral Commission and election commissioners are permanent electoral
bodies.
§ 2. District, regional and territorial electoral commissions and precinct electoral commissions
respectively are electoral bodies established in connection with ordered elections.
§ 3. Voivodship, poviat and communal electoral commissions are the territorial electoral
commissions.
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 152: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: Expenses related to the organization and conduct of elections shall be borne by the state budget.
§ 1 The state budget covers the expenses associated with:
1) the activities of the National Electoral Commission and the National Electoral Office as
stipulated by the Code;
2) the activities of the election commissioners and lower level election commissions, as well as
for the purposes of ensuring their management by the bodies and organization entities designated
for this purpose;
3) the activities of government administration bodies and their subordinate central offices and
agencies, as well as other state bodies;
219: The Sejm shall adopt the State budget for a fiscal year by means of a Budget [ustawa budzetowa - budgetary statute].
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 123 and 124: 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, article 219: https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: The supervision of the implementation of the State Budget, including the expenditures of the national electoral management, body is conducted by the Council of Ministers.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 146 (4): https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
c . For an unspecified period
Comments: Term of members of the National Election Commission is for an unspecified period, however, the expiration of membership of the National Electoral Commission shall result from:
1) resignation from its membership;
2) the signing of written consent to nomination as a candidate for the President of the Republic, deputy or senator;
3) the death of the member of the Commission;
4) achieving the age of 70 years by a member of the Commission who is a retired judge;
5) the motion of the President of the Court who designated the judge to be a member of the Commission.
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, articles 153, 158, 171, 174 and 184: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Source: Electoral Management Design: International IDEA: https://www.idea.int/answer/ans93882135998957
Verified: 2024/11/13
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The National Electoral Commission shall be composed of 9 members: 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 President of the Supreme Court;
3) 3 judges of the Supreme Administrative Court, designated by the President of the Supreme Administrative Court.
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 157 (2): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: The National Electoral Commission is composed of judges.
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 157 (2): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State i . Other
Comments: § 1. The National Electoral Commission is a permanent, supreme electoral body competent to carry out elections and referendums.
§ 2. The National Electoral 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.
§ 3. The judges mentioned in § 2 shall be appointed to the National Electoral Commission by the President of the Republic of Poland by decision.
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 157 (2): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body f . Local Governments
Comments: The National Electoral Management Body and local government authorities.
Source: National Electoral Office: https://pkw.gov.pl/
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
Verified: 2024/11/13
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments: Leading up to an election.
Source: National Electoral Office:
https://pkw.gov.pl/dla-mediow/informacje-prasowe/na-czym-polega-cisza-wyborcza-zobacz-nowy-spot-pkw
https://pkw.gov.pl/aktualnosci/informacje/lista-spotow-edukacyjno-informacyjnych-pkw-zwiazanych-z-wyborami-prezydenta-rp-w-2020-roku
Verified: 2024/11/13
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source:
Verified: 2024/11/13
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: If, no later than on the day of vote, he has attained 18 years of age, 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 government.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 62 (1): https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: If, no later than on the day of vote, he has attained 18 years of age, 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 government.
§ 9 Part B covers the electoral register of European Union citizens who are not Polish citizens,
permanently residing in the territory of the municipality and entitled to exercise voting rights in
the Polish Republic.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 62 (1): https://www.constituteproject.org/constitution/Poland_2009
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 18 (9): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments: § 8 Voters who are Polish citizens, with permanent residence in the area of the municipality shall
be automatically entered into the register of voters.
§ 12 The register of voters is available for perusal, upon written request, at the office of the
municipality.
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 18: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: The register of voters confirms the right to vote and right to be elected.
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 18 (5): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) f . Other
Comments: Article 196: § 1 In the process of distribution of seats in the constituencies only the lists of candidates for deputies of the electoral committees whose lists at least 5% of valid votes in the country, shall be taken into account.
§ 2 Lists of candidates for deputies of coalition electoral committees shall be included in the distribution of seats in constituencies where the list received at least 8% of the valid votes in the country.
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 196: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship
Comments: Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 21 years, shall be eligible to be elected to the Sejm.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 99 (1): https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: Candidates for Deputies and Senators may be nominated by political parties or voters.
An application for candidacy to the post of President of the Republic must be supported by signatures of at least 100,000 citizens having the right to vote to the Sejm.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 100 (1): https://www.constituteproject.org/constitution/Poland_2009
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 90 (2): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: Expenses incurred by the election committees in connection with called elections are covered from their own resources.
The political party, whose election committee participated in the elections, the political party comprising an election coalition committee, and the election committee of voters participating in elections to the Sejm and the Senate is entitled to a grant from the state budget, hereinafter referred to as an “entity subsidy”, for each mandate for deputy and senator obtained.
An election committee has the right to free broadcasting of electoral programs through public radio and television broadcasters.
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, articles 126, 150(1) and 252(1): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election c . Based on current legislative representation
Comments: § 1 The political party, whose election committee participated in the elections, the political party
comprising an election coalition committee, and the election committee of voters participating in
elections to the Sejm and the Senate is entitled to a grant from the state budget, hereinafter
referred to as an “entity subsidy”, for each mandate for deputy and senator obtained. Expenses
incurred as a result of the entity subsidy shall be covered by the state budget from the section on
Budget for public finance and financial institutions.
The political party whose election committee participated in the elections, the political party
that is part of the election coalition, and the election committee of voters participating in
European Parliament elections are entitled to a subsidy hereinafter referred to as the “entity
subsidy” from the state budget, for each mandate for each MEP, obtained. Expenses related to
the entity subsidy shall be covered by the state budget in the section on Budget for public
finances and financial institutions.
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 150 and 151: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Art. 132
§ 1 The financial resources of the election committee of a political party can only come from the
fund the election of the party, created pursuant to the provisions of the Act of 27 June 1997 on
Political Parties (Journal of Laws of 2001 No. 79, item. 857, with further . d...)
§ 2 The funding coalition election committee shall only come from election funds of political
parties comprising the coalition election.
§ 1 Election committees may raise and disburse funds only for purposes related to the electio
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 129 and 132: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Immediately following the close of voting the chairperson of the elections commission shall seal the ballot box, in the presence of the members of the commission.
Following the execution of the obligation referred to in Article 70 above, the chairperson, assisted by the commission, shall open the ballot box, following which the commission shall count the ballot papers contained therein.
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 70 and 71: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
c . Automatically (triggered) recounted under certain conditions
Comments: Immediately after receipt of the protocol of voting in the circuit, the district electoral commission verifies the accuracy of determination of the result of voting in the circuit. In the event of any inaccuracies in determination of the results, the district commission requests a repeated determination of results and informs the National Electoral Commission.
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 229: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance g . Other (specify)
Comments: An election committee has the right to free broadcasting of electoral programs through public radio and television broadcasters:
1) nationwide - if they register their lists of candidates in at least half of the constituencies;
2) regional - if the registered list of candidates in at least one electoral district.
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 252: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections b . Yes, in legislative elections
Comments: Polish Television SA, hereinafter referred to as "Polish Television", has a duty to conduct debates between those representatives of electoral committees in elections to the Sejm or to the European Parliament, who have registered their candidates in all constituencies, and between candidates in the case of elections for the post of the President of the Republic. The time allocated to conducting of debate is not included in the air time, referred to in art. 117.
The National Broadcasting Council shall determine by regulation, after consultation with the Board of Polish Television, the detailed rules and procedures for carrying out the debates,
referred to in § 1, including the duration of the debates and the national program, in which the debate will be conducted, how to prepare and issue debates, and how to disseminate information
about the date of debates - in order to ensure respect for the principle of equality of presenting positions and opinions of the debate.
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 120: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
a . 1 day
Comments: § 1 From 24 hours before the vote until the end of voting, it is prohibited to disseminate to the public the results of pre-election surveys, public opinion polls concerning the expected voting behavior and election results and the results of polling conducted on Election Day.
§ 2 The provision of § 1 shall apply on the territory of the Polish Republic.
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 115: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: No maximum amount indicated.
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 252: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: The Nation shall exercise such (Supreme) power directly or through their representatives.
A nationwide referendum may be held in respect of matters of particular importance to the State.
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 4 and 125: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of a confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.
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 235 (6): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
The Act of 14th March 2003 on nationwide referendum
Verified: 2024/11/13
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Granting of consent for ratification of such agreement may also be passed by a nationwide referendum in accordance with the provisions of Article 125.
A nationwide referendum may be held in respect of matters of particular importance to the State.
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, articles 90 (3) and 125: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
The Act of 14th March 2003 on nation-wide referendum
Verified: 2024/11/13
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008), p. 90&208:
https://www.eods.eu/library/IDEA.Direct-DemocracyEN.pdf
Verified: 2024/11/13
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: The Seym may take a decision on holding a referendum in a specific case on a motion of a group of citizens, if they shall gain support in such a matter of at least 500 000 persons eligible to vote in a referendum.
Source: The Act of 14th March 2003 on nationwide referendum, art. 63(1): http://aceproject.org/ero-en/regions/europe/PL/poland-the-act-of-14th-march-2003-on-nation-wide
Verified: 2024/11/13
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008), p. 90&208:
https://www.eods.eu/library/IDEA.Direct-DemocracyEN.pdf
Verified: 2024/11/13
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: A result of a nationwide referendum shall be binding, if more than half of the number of those having the right to vote have participated in it.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 125 (3): https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Granting of consent for ratification of such agreement may also be passed by a nationwide referendum in accordance with the provisions of Article 125.
Art. 125 (1): A nationwide referendum may be held in respect of matters of particular importance to the State.
Art. 235 (6): If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of a confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 90(3), 125 and 235(6): https://www.constituteproject.org/constitution/Poland_2009
The Act of 14th March 2003 on nation-wide referendum: http://aceproject.org/ero-en/regions/europe/PL/poland-the-act-of-14th-march-2003-on-nation-wide.
Verified: 2024/11/13
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Members of a self-governing community may decide, by means of a referendum, matters concerning their community, including the dismissal of an organ of local government established by direct election. The principles of and procedures for conducting a local referendum shall be specified by statute.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 170: https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations f . By mail
Comments: § 1 Voting takes place on the premises of the constituency electoral commission, hereinafter
referred to as "polling station."
§ 5 Voting in voting circuits established in health care facilities and nursing homes may start
later than the time stipulated in § 2 and 3
§ 6 Voting in voting circuits established on Polish ships and abroad is between 7.00 and 21.00
hours local time on each day of voting. If a vote were to be completed on the day following the
day of voting in the country, voting shall take place the day before.
The voter referred to in Art 35 § 1 may cast a postal vote. Information on the possibility to cast a
postal vote and the principles upon which such vote may be cast shall be provided by the consul
together with the announcement provided in art. 16 § 3.
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, articles 33(e), 39(1), 39(5), 39(6) and 62: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff
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, article 35: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
c . Special polling stations e . By mail
Comments: The minister responsible for foreign affairs, after consultation with the State Commission for
Elections, shall determine, by regulation, the manner in which the roll of voters referred to in § 1
is established, as well as how to notify authorities of the municipalities covered by the roll of
voters permanently residing people in the country and the manner of issuing declaration on the
right to vote, given the need to ensure the ability to verify the data contained in the roll of voters,
security of entry and processing of these data, their transmission and reception, and the principle
according to which a voter may be entered into the roll of voter only once.
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 35: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: § 1 The voter shall vote for only one list of candidates, putting an "x" (two crossing lines within
the grid) on the ballot paper, in the box on the left side next to the names of one of the candidates
from this list, which indicates this candidates priority in obtaining the mandate .
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 227 (1): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
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