In at least 7 electoral committees, the votes cast on Rafał Trzaskowski were attributed to Karol Nawrock – according to the findings of the National Prosecutor's Office following the examination of papers in the ultimate Court. The most shocking case concerns Stone Mountain, where the voices of 1 candidate were found in the second package. The D.A. doesn't regulation out a crime.
The prosecutor took note of the minutes of the recalculation of voting cards from the 10 regional electoral commissions; in 7 of them there was an exchange of votes, which led to the mistaken reception that more votes in these circuits were obtained by Karol Nawrocki - the PG spokesperson was informed in a communication.
The prosecution reported on platform X that a full of 9 out of 10 committees had identified irregularities.
In a Saturday release published on the Proc. Anna Adamiak reported that - in order to guarantee the participation of the PG in the proceedings concerning the designation by the SN of election protests - Adam Bodnar authorised the prosecutor from the Department of Judicial Proceedings of the National Prosecutor's Office to read in the ultimate Court the minutes of the examination of the ballots.
The authorised prosecutor was informed on Friday that there were protocols for recalculation of voting cards in 10 regional electoral commissions (Kraków, Tarnów, Katowice, Strzelce Opolskie, Minsk Mazowieckie, Olesno, Grudziądz, Kamienna Góra, Wieniec-Brześć Kujawski, Gdańsk).
According to the PG spokesperson, the analysis of the examinations carried out shows that 7 committees replaced the votes cast for individual candidates for the office of President, "which led to the erroneous reception that more votes in these circuits were obtained by Karol Nawrocki, while the recalculation of election cards by the court showed that this number of votes was received by Rafał Trzaskowski". It has been clarified that it concerns peripheral electoral commissions in Kraków, the Opolskie Rifles, Minsk Mazowiecki, Oleśnie, Grudziądz, Wieniec-Brześć Kujawski and Gdańsk.
Prok. Adamiak stated that both candidates of invalid votes had been mistakenly added in the peripheral election commission in Katowice, and in the committee in Kamienna Góra it turned out that in the package containing votes cast for candidate Karol Nawrocki there were crucial votes cast on Rafał Trzaskowski. As stated in the communication, "from the recalculation of the votes it follows that in the circuit the greater number of votes was obtained by Rafał Trzaskowski, not Karol Nawrocki, as indicated in the minutes of the committee".
PG spokeswoman reported that "disclosed in the work of a peripheral electoral commission in Kamienna Góra warrants the conduct of a review by the local and factually competent organisational unit of the prosecutors, in connection with the anticipation of committing a crime".
On Saturday evening, Adam Bodnar published an entry on the X platform. In it he estimated that the situation that occurred in Stone Mountain was "the most outrageous". "The prosecution is investigating the anticipation of committing a crime" - said the lawyer General.
As far as the election committee in Tarnów is concerned, the examination - as Mr Adamiak informed - confirmed the consequence of the vote recorded in the protocol.
In addition, the Communication stated that "in view of subsequent irregularities in the electoral process, The lawyer General will search to clarify all the doubts raised in the protests, requesting, if necessary, a recalculation of election cards." The PG spokeswoman indicated that, in justified cases, preparatory proceedings would be initiated to establish all the circumstances and to make their legal criminal assessment.
The media has been reporting for respective days on irregularities related to the counting of votes in any committees during the second circular of the presidential election. Last week, in connection with the electoral protests, the ultimate Court decided to review cards with a full of 13 regional electoral commissions, including in committees from Krakow and Minsk Mazowiecki. The examination was besides ordered for 2 Circuit Election Commissions from Bielsko-Biala.
The ultimate Court recognizes protests in 3 judges, in non-trial proceedings. "If in the course of the examination of the protest there is simply a request for evidence, a decision is issued to let and carry out evidence, e.g. from witnesses' evidence or examination of voting cards" - the SN reported. Upon designation of the protest, the SN may leave him without further running. This means that a protest for formal reasons cannot be recognised in substance.
If the protest is recognised in substance, the SN may say that the protest is unfounded or that it is legitimate. "If you express your opinion on the merits of the allegations of the protest, the ultimate Court indicates whether the irregularities found affected the result of the election" - SN informed.
After examining all electoral protests, on the basis of the election study presented by PKW, the ultimate Court decides on the validity of the election of the president of the Republic of Poland - it must do so within 30 days of the results of the election being made public. This means that the last day to which it must fall is July 2.
On Friday, SN spokesperson Aleksander Stępkowski told PAP that the number of all electoral protests could scope 50,000.
In accordance with the provisions introduced in 2018 during the time of the Law and Justice Government, the home of Extraordinary Control and Public Affairs is then established to handle electoral protests and find the validity of elections. It is created by persons appointed after 2017 to the office of justice at the request of the National Judicial Council established under the provisions of the KRS Act of 2017. For this reason, the position of this home is challenged by the current government, which cites, inter alia, the case law of the EU Court of Justice and the European Court of Human Rights. Before 2018, electoral issues were examined by the then Chamber of Insurance and Public Affairs.
Adam Bodnar consistently points out that there is simply a request to exclude all judges of the home of Extraordinary Control and Public Affairs of the ultimate Court from ruling on electoral protests, as they were appointed by the KRS after 2017 as a consequence of procedures and "do not meet the requirements of independency and impartiality, and thus cannot be considered appointed in accordance with the Constitution of the Republic of Poland".
Stępkowski emphasizes that "the only chamber legally empowered to recognise protests is the Chamber of Extraordinary Control and Public Affairs of SN". (PAP)
