Jarosław Kaczyński's organization and his supporters went through a phenomenal PR procedure: introducing into the public debate the "spore" about what should be taken attitude towards many "anomalia" in the election (I will deal with this in a vlog on my YouTube).
Should this be a legalistic attitude, which is to recognise that the law, laws and constitution of the Polish Republic should simply be applied, which find how to proceed in specified matters, or (note!), wave your hand at doubts so as not to "distort assurance in the electoral process"?
Shake your hand? Oh, no!
Notice this masterpiece: it is clear that in case of abuse or doubt, the law applies. No 1 is questioning or discussing it.
There has never been specified a thing as "to shake hands on irregularities" – never, in any democracy in the world. due to the fact that whether the elections are repeated and the votes renumbered and for whose benefit fraud has been committed, it is clear that they must be prosecuted by the prosecutor, judged by the court and revealed to the public.
And then flawed mechanisms that made electoral fraud even possible must be removed or repaired.
And here comes the PiS with its narration skillfully distributed in the media, which reads, "let's not respect trust in the election process." Which, if adopted, will give the Law and Justice a complete impunity in falsifying elections forever and mean that no free elections will always be in Poland again.
I am taking the level in this completely created by the Law and Justice for my own usage of the discussion only so that there are any arguments in public space.
The law is clear: there have been major disturbances that have affected the electoral process, and that means that all votes must be counted and, if necessary, the elections repeated.
In addition, all electoral forgerys should besides be targeted, the public should be told who did them, what they were doing, what to be careful about in the future, punish the perpetrators and make changes to the Electoral Code Act so that specified abuses cannot be repeated in the future.
The law is clear.
Article 315 of the Electoral Code leaves no uncertainty what should be done in the event of irregularities: recalculate the votes, file a complaint with the SN (we in Poland have a problem, due to the fact that the Chamber of Extraordinary Control and Public Affairs of the SN to find the validity of the elections itself is illegal), and then, in accordance with Article 244 of the Electoral Code Act, declare nullity of the elections if the falsifications affected the election result.
That is why all votes should be counted, not, as the SN has now ordered – only from 13 committees.
I would remind you (which is not an argument at all in the public debate) that the conformity of elections with the law requires the Constitution, and that, thus promoted by symmetrical swinging on procedures in the name of "peace" of society, leads to violations of the rule of equality and the legality of elections.
Not to mention that if citizens are not certain about the importance and conduct of elections, there will be no social peace in Poland.
It is demonstrated that beginning up democratic processes to check, audit, transparency and independent controls increases people's assurance in the state, procedures and institutions, alternatively than undermining them.
Recalculating votes and punishing guilty crimes and irregularities will clearly build people's sense of security, certainty and order.
Audits and careful checking of electoral processes should be mandatory and regular (!) – due to the fact that this is how autocracy is prevented.
The psychology of trust has besides shown that fact is the most protecting origin of social cohesion, while emotional conspiracy theories and suspicions always grow where they hide and effort to manipulate results and facts.
Whether it likes it or not, legalism strengthens trust and counteracts autocracy, fact builds credibility and protects society, and lying and acting in hiding destroys it and endangers democracy.
