The ultimate Court, and specifically the Chamber of Extraordinary Control and Public Affairs, will examine whether the complainant has demonstrated irregularities in allegations for elections or referendums and whether they have affected the result of elections or referendums. In protests, rigors are required as in procedural writings with additional requirements. No wonder there's a lot going down for formal reasons.
Tough rigors
After the erstwhile parliamentary elections for 279 protests against the validity of elections to the Sejm or the legislature of the SN left without further moving due to failure to meet formal conditions as much as 88%.
This year there may be more protests due to the combination of elections with referendums, but as Prof. Aleksander Stępkowski, SN spokesperson, says, they are separate procedures and judges of the home of Extraordinary Control of the SN are prepared for them, although this besides depends on their number.
Electoral protests shall be submitted to the SN in writing (unimportant will be sent by fax or email) within 7 days of the announcement of the election results by the State Election Commission in the authoritative Journal. This can be done straight at the SN Interest Service Point or by broadcasting it at the Polish Post Office. The letter sent to another operator must scope the SN before the deadline, so sending the protest e.g. by courier does not warrant that the deadline is maintained. Voters from abroad or on a Polish sea ship may protest to the competent consul or captain of the ship, but must be accompanied by a notification of the appointment of a typical resident in Poland.
The protest must meet the formal requirements set out in Articles 126 et seq. of the Code of civilian Procedure for a procedural letter and the additional requirements set out in the Electoral Code. In particular, it is to include the protestor's designation, his address and PESEL; the voting circuit (and constituency) in which the list of voters was included. It should be signed.
The application for annulment of elections in the constituency concerned, the election of a associate or Senator must indicate allegations and reasonable evidence to support them.
Undisclosed and openly
SN protests admit 3 judges in a secret sitting, but due to the importance of the protest he directs him to a trial where media representatives, audiences can participate.
Evidence proceedings may besides be conducted, e.g. by proceeding witnesses or reviewing photographs. These individual proceedings of the SN end with a ruling called the opinion that the protest is unfounded or legitimate. In stating the merits of the charges, the threefold lineup indicates whether the irregularities affected the result of the election.
After recognizing all the protests and on the basis of the PKW report, the SN in the full home of Extraordinary Control and Public Affairs decides on the validity of elections or annulment in part (election of a associate or Senator), and then orders the election to resume. It can besides conclude the expiry of parliamentary mandates and decide to hold re-elections.
Lawyer Marcin Radwan-Röhrenschef points out that the uncommon consideration of protests is due to the fact that electoral irregularities alone (and now besides referendal) are not enough. It should besides be shown that irregularities, specified as obstacles to the vote of even many people, could affect the results of elections or referendums.
Referendum
Similar rules apply to referendum protests. Here too, the request for annulment of the referendum, even in the circuit, should contain evidence to support it. If the cancellation of a vote in a circuit or circuit affects the result of a referendum, i.e. answers to referendal questions: on them or yes, or a turnout from which the referendum is legally binding, the SN shall indicate the flaws for which the proceedings should be resumed, or decide to re-vote in a given circuit or circuit.
Then PKW immediately manages the re-vote on the day off from work occurring within 20 days from the date of the announcement of the resolution of the SN.
