Electoral silence inactive in effect

The State Election Commission recalled that the 0 o'clock of the election and referendum run would strike on Friday at midnight. From this minute until the end of the vote, there is inactive a silence of the vote, which in practice means a ban on any form of agitation, including convening gatherings, organizing marches and manifestations, giving speeches, which besides applies to the referendum campaign. Breaking the ban threatens to be criminal.

The PKW recalls that encouraging or discouraging participation in elections is not electoral agitation, and specified action may be conducted after the end of the run by non-participants, of course provided that specified activity does not bear the agitation mark. If specified actions were taken during the silence of elections by participating committees or political parties, this would violate the ban on agitation. Otherwise, it's a referendum. PKW states that encouraging or discouraging participation would be part of a referendum campaign. Turnout in this case is crucial for its outcome.

Do not discourage

As Wojciech Hermelinski reminds, the erstwhile head of PKW, the justice of the Constitutional Tribunal at rest, in order for the referendum to be binding, must be attended by more than half of the eligible. Thus, it can be considered that if a individual were to engage in this disincentive activity, it would consequently affect its validity. And so you gotta treat this activity as a kind of agitation that shouldn't be.

– erstwhile I chaired the PKW, before all election we discussed whether voter silence should be maintained. However, the Commission has no legislative initiative, so our discussions have not led to anything. However, we collected different voices, and any of the judges decided to abolish it," says Wojciech Hermelinski. – Electoral silence was introduced at a time erstwhile the net was in its infancy and no 1 had yet guessed how it would be utilized during the elections. Therefore, I think that it should be liquidated, and if it is, it should only be for the time between the beginning and the end of the vote – says Wojciech Hermelinski.

Wiesław Kozielewicz, justice of the SN, erstwhile president of the PKW, believes that election silence should be abolished and election agitation should besides proceed on the day of the vote.

– Of course, the rules would should be clarified so that it cannot take place straight at the polling station. It would be worth to keep about 50 meters distant – says Wiesław Kozielewicz.

It's not agitation.

– Encouraging citizens to go to the elections and vote in them is possible, even during the silence of the elections. Encouraging or discouraging participation in elections does not constitute electoral agitation within the meaning of the electoral code, says Dariusz Lasocki, a PKW member.

– On the another hand, action to encourage participation in referendums during the course of referendum silence is no longer permitted, as attendance is crucial for their importance. This rule applies to all citizens. Today, erstwhile we are subject to the large influence of modern information technologies and the field of net activity remains unregulated, it should be made clear that these rules apply to all participants in the electoral process. These are not only government and local government authorities, NGOs, candidates and election committees, but besides voters themselves," says Dariusz Lasocki.

Electoral silence in a society utilizing social media and learning from news portals can be considered a relic of the past. – 1 should consider whether it would be better to endure it. However, it seems to me that both the legislator and the public inactive agree to it. The run lasts a long time, so not only voters are tired, but besides candidates for whom it is physically exhausting – adds Dariusz Lasocki.