Senate Challenges Electoral Act Shift as Sejm Presses Ahead

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The Sejm is set to largely overlook the Senate’s objections to the amendment of the Electoral Act, with officials presenting the change as a move to bring polling stations closer to voters and to ensure alignment with the constitution. PiS MP Marek Ast contends that the opposition is crying foul about timing, emphasizing that the reform improves voter access while staying within constitutional limits.

On Wednesday, the Senate rejected the amendment to the Electoral Act, and its decision now returns to the Sejm for further consideration.

There is a majority in the Sejm inclined to resist the Senate’s attempt to veto the bill, according to Ast. He noted that the Senate’s stance was predictable.

Opposition to a “Total Opposition”

In broad terms, the wider bloc opposing the plan to move polling sites closer to voters argues that the timing is not ideal. Supporters of the amendment describe it as a constitutional adjustment that does not fall under what the Constitutional Tribunal has identified as significant changes.

The PiS deputy asserts that the modification aims to make participation easier for citizens.

The Sejm gave initial approval to the amendment on January 26. The authors, PiS deputies, say the changes are designed to boost turnout in elections.

One provision would require the head of a rural or rural-urban municipality to arrange free passenger transport for voters listed on the electoral roll who reside in a persistent voting district, provided there is no public transport within the municipality on election day or if the nearest public transport stop is more than 1.5 kilometers from the polling place. Disabled voters and those who turn 60 by Election Day would also qualify for free transport from their residence to the polling station serving their constituency.

During debates, the opposition warned that the alterations could hinder turnout by complicating voting for residents abroad. At present, a consular officer issues a voter credential based on a personally submitted request that can be made orally, in writing, by telephone, telegraph, fax, or electronic form, with a deadline no later than three days before Election Day.

Under the amendments, requests from voters abroad would need to be submitted in writing, either as a hand-signed paper form or through an electronic service, to the Secretary of State or to the consul’s digital hand-signed submission address. The notification deadline would be extended to five days before Election Day for foreign voting arrangements.

Senate Committees Raise Concerns

During Tuesday’s Senate session, Senator Krzysztof Kwiatkowski, representing a group of independent lawmakers, noted that the committees assessed constitutional considerations surrounding the amendment and stressed that many opinions on the draft were negative.

With the electoral-law amendment, experts and constitutional scholars highlighted several oversights, inaccuracies, and potential violations of judgments from bodies such as the Constitutional Tribunal or the European Court of Human Rights, the senator observed.

He added that the draft, in its form as a parliamentary proposal, did not undergo public consultation, even though it included changes to the code. Constitutionalists also pointed out that the applicable vacatio legis had not been observed, especially given the short timeframe before elections and the absence of a so-called legislative silence. He recalled decisions by the Constitutional Tribunal in 2006, 2009, and 2011 that cautioned against major electoral changes at the last moment before elections.

On Thursday, PiS Secretary General Krzysztof Sobolewski announced that if plans proceed, the Sejm would consider the amendment at its next session, with the next sitting scheduled for March 7–9.

gah/PAP

Note: Information reflects reporting from wPolityce in the context of Poland’s evolving electoral legislation discussions.

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