Poland

Election Code (2011)

Updated: June 2015

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Article 10, section 1 states:

The following persons enjoy the right to vote…

(1) a Polish citizen who is at least 18 years of age, on election day…

 

Excerpt from the Election Code (2011)

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Article 10, section 2 states:

The right to vote is not enjoyed by persons:

(1) deprived of public rights by a final court ruling;

(2) deprived of electoral rights by a final decision of the Tribunal of State;

(3) incapacitated by a final court ruling.

 

Article 12, section 4 states:

The municipal council, by resolution, on motion of the mayor, shall creates a separate voting circuit for each; health care institution, nursing home, prison and police custody building as well as any external branch of such a detention facility in which there will be at least 15 voters on election day. The requirement to establish such voting circuits may be overcome only in justified case by motion of the person in charge of any of the institutions mentioned herein.

 

Article 27, section 1 states:

A disabled voter, may submit a written request to the office of the municipality no later than 14 days before the election, to be entered into the roll of voters of their choice from the list referred to in art. 16 1 point 3, in the territory of the area of the municipality responsible for the place of his or her residence.

 

Article 44 states:

(1) The constituency electoral commission, after consultation with the appropriate election commission of higher rank, may order the use of a second ballot box during the vote.

(2) The ballot box, referred to in 1 is an auxiliary ballot box designed solely for inserting ballots by voters in voting circuits in health care facilities and nursing homes.

 

Article 54 states:

A voter with a significant or moderate degree of disability within the meaning of the Act of 27 August 1997 on vocational and social rehabilitation and employment of people with disabilities…can give the power of attorney to vote on his or her behalf in the election, hereinafter referred to as '”proxy vote”…

 

Article 55 states:

(1) A proxy may only be a person registered in the same municipality, or having the certified right to vote in the same municipality, as the voter granting power of attorney to vote or having a a special certificate confirming their right to vote if specific provisions of the Code provide for such possibility, subject to 4

(2) A proxy vote may be taken only from one person, subject to 3

(3) A proxy vote may be taken from two people, if at least one of them is a primary, descendant, spouse, brother, sister, or a dependent relative, under legal custody or guardianship in relation to the proxy.

(4) A proxy may not be the person forming part of the electoral commission in the voting circuit of the person providing the power of attorney for the vote, nor stewards or candidates in the election.

 

Article 56 states:

(1) Proxy voting shall be granted before the mayor or another employee authorized by the municipal mayor authorized to draft power of attorney to vote.

(2) Act of power of attorney to vote shall be made at the request of the voter, brought before the mayor of the municipality in which the voter is registered, not later than 10 days before election day. The application should include: surname and name (s), father's name, date of birth, Social Security identification number (PESEL) and address of both the voter and the person to be granted power of attorney to vote and a clear indication of the election for which the proxy to vote is being provided.

(3) The application referred to in  2, shall be accompanied by:

  • (1) a copy of the current decision of the competent authority on the degree of disability person granting power of attorney to vote, in the case of voters who are European Union citizens who are not Polish citizens, a sworn translation of the document referred to in art. 54  5;
  • (2) the written consent of the person to be the proxy, including name and the name (s) and address, as well as the surname and given name (s) of person granting power of attorney to vote;
  • (3) a copy of the certificate of the right to vote of the proxy - where a person is not a registered voter in the same municipality as the person granting power of attorney to vote and where special provisions of the possibility of obtaining such certification exist.
  • (4) The act of the power of attorney to vote upon verification, based on available official documents and data, should be drawn up in three copies, to be received by the person granting power of attorney, the proxy, and the with the third copy remains in the office of the municipality.

(5) Act of the power of attorney to vote shall be made in the place of domicile of the voter giving power of attorney for voting indicated in the application referred to in § 2, subject to § 6

(6) Act of attorney to vote may be done on the area outside the municipality if the voter so requests in the application referred to in § 2

(7) The municipality shall maintain a list of acts of power of attorney to vote, with the annotation of such act having been made.

 

Article 166, section 10 states:

In the event of temporary inability to perform duties by an election commissioner, the National Electoral Commission shall be entitled to entrust performance of these functions, for this period, to another election commissioner or another person who shall ensure the sound performance of election activities.

 

Excerpts from the Election Code (2011)

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Article 12, section 4 states:

The municipal council, by resolution, on motion of the mayor, shall creates a separate voting circuit for each; health care institution, nursing home, prison and police custody building as well as any external branch of such a detention facility in which there will be at least 15 voters on election day. The requirement to establish such voting circuits may be overcome only in justified case by motion of the person in charge of any of the institutions mentioned herein.

 

Article 16, section 1 states:

The mayor must notify voters, no later than 30 days prior to election day of the following:… 3) the premises of electoral commissions tailored to the needs of voters with disabilities.

 

Article 27, section 1 states:

A disabled voter, may submit a written request to the office of the municipality no later than 14 days before the election, to be entered into the roll of voters of their choice from the list referred to in art. 16 § 1 point 3, in the territory of the area of the municipality responsible for the place of his or her residence.

 

Article 37a states:

(1) A disabled voter listed in a register of voters in a particular commune shall have the right to obtain information about:

  • (1) an electoral district and an electoral precinct to which he/she is subject;
  • (2) polling stations of precinct electoral commissions mentioned in Article 16  1 point 3, being the nearest to a place of residence of a disabled voter;
  • (3) conditions for registering a disabled voter on a list of voters in the electoral precinct mentioned in Article 27  1;
  • (4) a date of elections and voting hours;
  • (5) election committees participating in elections, registered candidatesand lists of candidates; 6. conditions and forms of voting.

(2) The information mentioned in  1 shall be provided by a commune head or an authorised by him/her worker of a Commune Office in its opening hours, including by telephone or through printed informative materials sent at the request of a disabled voter, including in an electronic form.

(3) A disabled voter shall be provided with the information mentioned in 1after he/she has given his/her family name, given name(s) and an address of the permanent residence.

(4) The information mentioned in 1 shall also be immediately made known to the public by a commune head by publishing it in the Public Information Bulletin and as is customary in a particular commune.

 

Article 37b, section 2 states:

The National Electoral Commission shall draw up in Braille informative material about the rights of disabled voters under the code and shall provide it for parties concerned at the request.

 

Article 37c states:

(1) Election notices inside and outside a polling station as well as voting results in electoral precincts and districts should be put in places easily accessible for the disabled with reduced mobility.

(2) At the request of a disabled voter, a member of a precinct electoral commission shall be obliged to provide texts of election notices orally within the scope of information on election committees participating in elections, on registered candidates and lists of candidates.

 

Article 44 states:

(1) The constituency electoral commission, after consultation with the appropriate election commission of higher rank, may order the use of a second ballot box during the vote.

(2) The ballot box, referred to in 1 is an auxiliary ballot box designed solely for inserting ballots by voters in voting circuits in health care facilities and nursing homes.

 

Article 53 states:

A disabled voter, upon request, may be assisted in voting by another person who is not a member of a voting circuit electoral commission or a poll observer authorised by the candidates.

 

Article 54, section 1 states:

A voter with a significant or moderate degree of disability within the meaning of the Act of 27 August 1997 on vocational and social rehabilitation and employment of people with disabilities (Journal of Laws of 2010, No. 214, item. 1407, as amended) can give the power of attorney to vote on his or her behalf in the election, hereinafter referred to as '”proxy vote”.

 

Article 55 states:

(1) A proxy may only be a person registered in the same municipality, or having the certified right to vote in the same municipality, as the voter granting power of attorney to vote or having a a special certificate confirming their right to vote if specific provisions of the Code provide for such possibility, subject to 4

(2) A proxy vote may be taken only from one person, subject to 3

(3) A proxy vote may be taken from two people, if at least one of them is a primary, descendant, spouse, brother, sister, or a dependent relative, under legal custody or guardianship in relation to the proxy.

(4) A proxy may not be the person forming part of the electoral commission in the voting circuit of the person providing the power of attorney for the vote, nor stewards or candidates in the election.

 

Article 56 states:

(1) Proxy voting shall be granted before the mayor or another employee authorized by the municipal mayor authorized to draft power of attorney to vote.

(2) Act of power of attorney to vote shall be made at the request of the voter, brought before the mayor of the municipality in which the voter is registered, not later than 10 days before election day. The application should include: surname and name (s), father's name, date of birth, Social Security identification number (PESEL) and address of both the voter and the person to be granted power of attorney to vote and a clear indication of the election for which the proxy to vote is being provided.

(3) The application referred to in 2, shall be accompanied by:

  • (1) a copy of the current decision of the competent authority on the degree of disability person granting power of attorney to vote, in the case of voters who are European Union citizens who are not Polish citizens, a sworn translation of the document referred to in art. 54  5;
  • (2) the written consent of the person to be the proxy, including name and the name (s) and address, as well as the surname and given name (s) of person granting power of attorney to vote;
  • (3) a copy of the certificate of the right to vote of the proxy - where a person is not a registered voter in the same municipality as the person granting power of attorney to vote and where special provisions of the possibility of obtaining such certification exist.
  • (4) The act of the power of attorney to vote upon verification, based on available official documents and data, should be drawn up in three copies, to be received by the person granting power of attorney, the proxy, and the with the third copy remains in the office of the municipality.

(5) Act of the power of attorney to vote shall be made in the place of domicile of the voter giving power of attorney for voting indicated in the application referred to in 2, subject to 6

(6) Act of attorney to vote may be done on the area outside the municipality if the voter so requests in the application referred to in 2

(7) The municipality shall maintain a list of acts of power of attorney to vote, with the annotation of such act having been made.

 

Article 156, section 3 states:

The premises intended for seats of electoral bodies should be easily accessible for the disabled.

 

Article 186 states:

(1) Polling stations of precinct electoral commissions adapted to needs of disabled voters shall be ensured by a commune head, with the reservation that in each commune at least 1/3 of polling stations of precinct electoral commissions should be adapted to needs of disabled voters.

(2) A minister in charge of construction, spatial order and housing, after consulting a minister in charge of social security and the National Electoral Commission, shall determine by way of a regulation technical conditions with which a polling station of a precinct electoral commission should comply so that it can be adapted to needs of disabled voters.

 

Excerpts from the Election Code (2011)

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Article 156, section 3 states:

The premises intended for seats of electoral bodies should be easily accessible for the disabled.

 

Article 166, section 10 states:

In the event of temporary inability to perform duties by an election commissioner, the National Electoral Commission shall be entitled to entrust performance of these functions, for this period, to another election commissioner or another person who shall ensure the sound performance of election activities.

 

Excerpts from the Election Code (2011)