Protests questioning the validity of elections to the Sejm and the Senate must be filed in writing with the Supreme Court within seven days after the National Electoral Commission announces the results in the Journal of Laws. Protests cannot be effectively lodged before the results are announced. The same rules apply to protests concerning referendums.
Protests against the validity of the elections
Rules governing these protests are set out in Chapter 8 of the Electoral Act. Recently, the Supreme Court clarified the procedure for filing protests about election validity.
Under the rules, election protests must be submitted in writing to the Supreme Court within seven days from the date the National Electoral Commission announces the results in the Journal of Laws. Protests filed before the results are announced are not considered valid.
The National Electoral Commission announced the official Sejm and Senate election results during an evening press briefing; these results are now published in the Journal of Laws.
How to file an election protest is one question often asked. One option is to submit the protest directly to the Supreme Court at the Customer Service Point located at Krasińskich Square. The Supreme Court has also set aside provisions to assist people with special needs during the filing process.
A protest may also be sent by post to the Supreme Court. It must arrive within seven days of the Journal of Laws announcing the election results. Protests sent by other postal operators are acceptable only if they reach the Supreme Court within the deadline.
Voters abroad or aboard a Polish vessel may lodge the protest with the appropriate consul or ship’s captain. In such cases a notice of the appointment of a resident representative or a service agent must be attached. Protests arriving by foreign mail or courier must reach the consular office before the deadline.
The right to file an electoral protest lies with the voter, the electoral representative and the chairman of the relevant electoral commission. Protests must be written; filing by fax, email, or electronic public administration portals is not permitted.
Formal requirements
For a protest to be recognized, it must meet the formal requirements of the Electoral Act and follow the general standards for procedural documents in the Civil Procedure Code.
Key elements include:
— identification of the filing entity with address and, where applicable, national identification numbers;
— specification of the voting district or districts where the protest concerns the list of voters;
— designation of the representative and his address, with a power of attorney if applicable;
— request for annulment of elections or specific elections in a district, or the election of a deputy or senator;
— allegations and the evidence supporting them;
— justification of the allegations;
— handwritten signature of the complainant or the representative.
The Supreme Court may dismiss a protest for formal reasons without further proceedings. This occurs when a protest is filed by an unauthorized person or fails to meet the formal conditions. It may also dismiss a protest regarding matters for which another remedy is available under the Electoral Act before voting day.
If the protest satisfies the formal requirements, the Supreme Court will issue a ruling. The court may find the protest unfounded or justified and will explain whether any irregularities affected the election results.
After reviewing all electoral complaints, the Chamber for Extraordinary Scrutiny and Public Affairs, composed of the Supreme Court, will decide on the election’s validity. A public ruling is issued no later than 90 days after Election Day.
Protests against the referendum after its results were published in the Journal of Laws
Protests challenging referendum validity must be written and filed with the Supreme Court within seven days following the announcement of the referendum result in the Journal of Laws. Protests cannot be filed before the result is announced.
Regulations for referendums are found in Chapter 5 of the National Referendum Act. The Supreme Court has published guidance on the procedure for filing referendum protests, which is available on its website.
A protest about a referendum can be lodged directly at the Supreme Court’s customer service point during business hours or posted to a Poczta Polska post office. Protests sent by other operators must reach the Supreme Court before the deadline; delays caused by courier services do not guarantee timely filing.
Voters abroad or aboard a Polish ship may lodge a referendum protest with the competent consul or ship’s captain, attaching a notice of a resident representative or service agent. Protests arriving by foreign mail or courier must reach the consular office before the deadline.
The right to protest is limited to those entitled to participate in the referendum, the chairmen of district referendum committees, and other authorized campaign participants. A professional representative is not mandatory; protests can be filed personally.
How can you protest against the referendum?
A protest against the referendum must be written. Protests by fax, email, or electronic public administration portals are not allowed.
The protest must meet formal requirements, including:
— identification of the filing entity with address and relevant identifiers;
— designation of the representative and his address, if one has been appointed, with a power of attorney;
— request for annulment of the referendum or its district;
— allegations;
— listing or indication of the evidence supporting the allegations;
— justification of the allegations;
— handwritten signature of the complainant or the representative.
Additionally, if a person entitled to participate lodges a protest alleging violations of voting provisions or results within a circuit, the protest must specify the circuit and the relevant electoral jurisdiction, including the protester’s full name.
If a protest is filed by a resident abroad or aboard a Polish ship, the filing must include a designated representative residing in Poland, with addresses and a corresponding power of attorney or legal document.
The Supreme Court’s Trial Path
The Supreme Court hears protests in a three-judge panel. Usually, protests are heard in closed sessions attended only by judges, though a public hearing may be held for important reasons.
If the protest meets the formal conditions, the court issues a ruling. The court may declare the protest unfounded or justified, and will indicate whether the irregularities affected the referendum outcome.
Ultimately, the Supreme Court, through the full Chamber for Extraordinary Control and Public Affairs, decides on the referendum’s validity based on the National Electoral Commission’s voting report and the opinions on the recognized protests. The decision is issued as a resolution no later than the 60th day after the referendum result is announced, in an open meeting attended by the Attorney General and the Chairman of the National Electoral Commission.
The National Electoral Commission announced the referendum results during an evening press conference and, subsequently, those results are published in the Journal of Laws.
The Supreme Court’s ruling on referendum validity does not decide whether the outcome is binding. The turnout was 40.91 percent, and the results are not binding unless more than half of eligible voters participate. A binding result requires sufficient turnout.
Summary notes aside, the process emphasizes that protests must adhere to formal rules, and that the court’s eventual decision aims to clarify the integrity of the electoral process while safeguarding lawful procedures.