Poland

Population Statistics

38,562,189

Total Population

5,784,328

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

25 September 2012

Ratified the Convention on the Rights of Persons with Disabilities


Election Code (2011)

Updated: June 2015

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)

Election to the Sejm of the Republic of Poland and to the Senate of the ...

Updated: June 2015

Article 18 states:

(1) A handicapped voter may, no later than on the 10th day before the election, submit an application to the office of the commune, to be entered on the roll of voters in the chosen electoral ward of those electoral wards that have the polling stations referred to in Article 53, paragraph 1, situated on the territory of the commune appropriate to the place of residence of the voter.

 

Excerpt from Election to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland (2001)

Constitution on the Republic of Poland (1997, last amended 2009)

Updated: June 2015

Article 62 states:

…Persons who, by a final judgment of a court, have been subjected to legal incapacitation or deprived of public or electoral rights, shall have no right to participate in a referendum nor a right to vote.

 

Article 99 states:

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. Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 30 years, shall be eligible to be elected to the Senate.

 

Article 131 states:

If the President of the Republic is temporarily unable to discharge the duties of his office, he shall communicate this fact to the Marshal of the Sejm, who shall temporarily assume the duties of the President of the Republic. If the President of the Republic is not in a position to inform the Marshal of the Sejm of his incapacity to discharge the duties of the office, then the Constitutional Tribunal shall, on request of the Marshal of the Sejm, determine whether or not there exists an impediment to the exercise of the office by the President of the Republic. If the Constitutional Tribunal so finds, it shall require the Marshal of the Sejm to temporarily perform the duties of the President of the Republic. The Marshal of the Sejm shall, until the time of election of a new President of the Republic, temporarily discharge the duties of the President of the Republic in the following instances: …

(4) a declaration by the National Assembly of the President's permanent incapacity to exercise his duties due to the state of his health; such declaration shall require a resolution adopted by a majority vote of at least two-thirds of the statutory number of members of the National Assembly…

(6) If the Marshal of the Sejm is unable to discharge the duties of the President of the Republic, such duties shall be discharged by the Marshal of the Senate…

 

Article 180 states:

… A judge may be retired as a result of illness or infirmity which prevents him discharging the duties of his office. The procedure for doing so, as well as for appealing against such decision, shall be specified by statute…

 

Excerpts from the Constitution of the Republic of Poland (1997, last amended 2009)