Info
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
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