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After 1989, elections in Poland took place on the basis of a number of electoral laws, defining the principles of parliamentary, presidential and local elections, and from 2004 also European ones. In 2010, the Sejm undertookto undertakeundertook work on a single legal act - the Election Code - which was to harmonizeto harmonizeharmonize the principles of elections in Poland. The act was passed on January 5, 2011. It regulates voting rules in parliamentary, presidential, local government and European Parliament elections. The Election Code explains the voting rules, methods of counting votes and provisions on conditions and institutions that recognize the validity of electionsvalidity (of elections)validity of elections and criminal provisions for crimes committed against elections. In addition, the voting hours were also harmonized - the polling stations are always open between 7.00 and 21.00. Voting always takes place on a day off work.

With the entry into force of the Election Code, all other electoral regulations, according to which elections were held earlier, ceasedto ceaseceased to apply. A noveltynoveltynovelty introduced by the Code was the possibility of voting by proxy for citizens who are over 75 years old and the right to vote by correspondence. The Code also defined very precise rules for financing election campaigns and the method of accounting forto account foraccounting for this financing.

The first election, which was carried out in accordance with the principles of the Election Code, was the parliamentary election in 2011.

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Infografika zatytułowana "Adjectives that set out the rules for conducting elections to specific central authorities". Element "to the Senate" łączy się z następującymi przymiotnikami: majoritarian oraz universal, direct, secret ballot. Element "for the President of the Republic" łączy się z następującymi przymiotnikami: equal, majoritarian oraz universal, direct, secret ballot. Element "to the Sejm" łączy się z następującymi przymiotnikami: universal, direct, secret ballot oraz proportional, equal.

The rules of the right to vote (active electoral rights)

The right to elect representatives is vestedto be vestedvested in Polish citizens. In the elections to local government (at the commune level) and elections to the European Parliament, also citizens of member states of the European Union permanently residing in the territory of Poland have the right to vote. A prerequisiteprerequisiteprerequisite is the age of 18.

The right to stand for elections (passive electoral rights)

The voting act, in accordance with the Polish electoral law and the principles of democracy, is one of the most important elements of citizens' participation in public life. It gives you the opportunity to choose your representatives who will best serve the interests of citizens and the state. That is why it should be a thoughtfulthoughtfulthoughtful and responsible decision.

Depending on the election, we put the X sign on one or several ballot papers.

The Election Code introduced the right to vote by proxy. This right can be exercised by voters who no later than on the day of the vote each the age ofreach the age ofeach the age of 75 or have a significantsignificantsignificant or moderatemoderatemoderate degree of disability. This means that all Polish citizens who, for various reasons, may have problems getting to the polling station, but who, because of their civic right and duty, want to participate in the election, have the right to vote through a proxy holder. Previously, it was necessary to go to the polling station, which was not always adapted for the disabledadapted for the disabledadapted for the disabled.

A proxy may be a person entered in the electoral rollelectoral rollelectoral roll in the same commune as the one granting the power of proxy. A power of proxy may be taken from two persons, provided that at least one of them is a relativerelativerelative or relatedrelatedrelated. NeitherNeither... nor…Neither a person who is part of the electoral commission competent for the district of the person granting the power of proxy nor the scrutineers and candidates running in a given election can be a proxy.

The power of proxy document is prepared before a voit (a town mayor or a president of a city) or an officer of the commune office authorized by him. It is prepared at the request of the voter, addressed to the voit (mayor, president of the city) of the commune in which the voter is entered in the electoral roll, at the latestat the latestat the latest 10 days before the election day. The application should contain: surname and first name (first names), father's name, date of birth, PESEL number and address of residence of both the voter and the person to be granted the power of proxy, as well as a clear indication of the election to which the proxy voting power applies.

The right to vote by proxy is not granted to voters:

• staying in healthcare institutions or nursing homesnursing homenursing homes,

• prisoners in prisons and pre‑trial detention centerspre‑trial detention centerspre‑trial detention centers,

• voting by correspondence.

In accordance with the Election Code, district electoral commissions are appointed from among voters of each district. For example, in parliamentary or presidential elections its members are appointed by a voit (town mayor, president of a city). The electoral commission consists of 6 to 8 people. Candidates for members of electoral commissions may only be persons included in the electoral roll of a given commune. The district electoral commission also includes one local government employee indicated by the voit (town mayor, president of the city). The composition of the commission is made public. The voit (mayor, president of the city) is responsible for the preparation of polling stations in the commune. According to the Election Code, at least half of the premises of the district electoral commissions should be adapted to the needs of the disabled voters.

The Election Code defines the tasks of electoral commissions:

• conducting voting in the district in accordance with electoral rules,

• ensuring the compliancecompliancecompliance with electoral law in the place and time of voting on the election day: opening of the polling station at appropriate times, ensuring the secrecy of ballot, making sure there are no elements of election campaigns in the premises (pre‑election silence),

• determining the results of voting in the district (counting the votes) and making them public by posting a record of the voting process in a public place,

• sending the results of voting electronically to the appropriate electoral commission and securing the ballots.

Scrutineers represent election committees in electoral commissions. There may be one scrutineer from each election committee in each district electoral commission, providedprovidedprovided the election committee has candidates registered in the district. This means that in every polling station there may be as many scrutineers as there were election committees registered there.

Neither a candidate in the elections, an electoral proxy, a (financial) plenipotentiary nor a member of an electoral commission can be a scrutineer.

According to the provisions of the Election Code, scrutineers can:

• be present at the polling station during all activities of the electoral commissions, in particular during the voting, determination of the results of the vote and preparation of the report,

• be present when transmitting the report of the electoral commission,

• participate in the process of counting the votes,

• participate in the process of checking the correctness of determining the results of voting,

• submit comments to the electoral commission report related to its work, in which specific allegations should be made.

The scrutineer present in the polling station should have an identification card with his name and the name of the election committee that he represents. He must not, under the threat of criminal responsibility, conduct any form agitation in the polling station.

National Electoral Commission

The National Election Commission, which is the highest permanentpermanentpermanent electoral body, supervises the proper conduct of elections and referenda in Poland. Its members are lawyers with many years of professional practice, proposed by representatives of the judiciary.

The National Electoral Commission consists of:

• three judges of the Constitutional Tribunal, designated by the president of the Tribunal,

• three judges of the Supreme Court, designated by the First President of the Supreme Court,

• three judges of the Supreme Administrative Court, designated by the President of the Supreme Administrative Court.

The members of the Commission are appointed by the President of the Republic of Poland. They elect a chairman of the Commission and his two deputies from among themselves. The Commission also includes the head of the National Electoral Office, who also performs the function of the secretary of the Commission. He participates in the work of the Commission in an advisory capacity.

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Ilustracja interaktywna zatytułowana "The tasks of the National Electoral Commission". Składa się z następujących elementów: 1. Supervising the compliance with electoral law and proper conduct of elections. 2. Appointing district electoral commissions and electoral commissioners. 3. Determining the official ballot papers and other electoral forms, as well as a specimen of the stamps of lower-level electoral bodies. 4. Establishing and announcing the results of voting and election results within the scope specified in the provisions of the Code.

The National Electoral Office is a body providing services to electoral bodies and performing tasks related to the organization of elections and referenda in the scope specified in the Election Code and other laws.

The announcement of the validity of the elections and their results (awarding the appropriate number of seats to individual electoral committees) is the task of the National Electoral Commission. However, the determination of the validity of the election (parliamentary, presidential and to the European Parliament) belongs to the Supreme Court. If the Supreme Court considers the election to be invalid, then it will be re‑conducted all over the country. In such a case the elections are not carried out outside of Poland. If the validity of elections is confirmed, the results are announcedto announceannounced by the National Electoral Commission in the Journal of Laws of the Republic of Poland.

In the case of local government elections the validity is recognized by district courtsdistrict courtdistrict courts, competent in a given voivodeship. These courts also deal with possible complaints from citizens about the validity of the electoral procedures carried out. After considering the protests, the district court may order the repetition of elections in a given district or may invalidateto invalidateinvalidate a councilor's mandate and recommend re‑election in the district. If the district court does not find evidence of errors in the conduct of elections, it decides on their validity.

The electoral right is one of the most important civil rights in modern democratic states. Representative democracy, which has become the symbol of the best political system, should be based on well‑prepared parliamentarians and councilors who treat their work as service for the public good. However, every citizen, having the right to choose representatives, should also vote thoughtfully. Casting a vote is a civic duty, testifying totestifying totestifying to citizen’s maturity and his responsibility for the state. In Poland, all rules of voting and recognition of the validity of elections are contained in one law passed by the parliament in 2011. It is the Election Code. It resolvesto resolveresolves all doubtfuldoubtfuldoubtful issues that apply to all elections in which citizens of the Republic of Poland can participate.

Keywords

right to vote, right to stand for elections, Election Code, voting by proxy, universal/equal/direct/proportional/majoritarian elections, secret ballot, active/passive electoral rights, census, ballot paper, one‑mandate electoral district, district electoral commission, polling station, election campaign, pre‑election silence, scrutineer, election committee, National Electoral Commission, National Electoral Office

Glossary