Chapter 4

1. Any person having the right to vote shall be entered in the roll of voters.

2. A voter may only be entered in one roll of voters.

1. A roll of voters shall include persons referred to in Article 2, according to their place of residence.

2. The roll of voters shall specify the surname and forenames of the voter, the name of the father of the voter, the date of birth and address of residence of the voter.

3. Rolls of voters shall be drawn up in the office of the commune as a public duty ascribed to the commune.

1. A roll of voters shall be made in 2 copies, separately for each polling station, on the basis of a permanent register of voters in the commune, maintained in accordance with the principles specified in the Act of 28th May, 1993 on Elections to the Sejm of the Republic of Poland (Dziennik Ustaw, No 45, item 205; of 1995, No 132, item 640; of 1997, No 47, item 297, No 70, item 443, No 88, item 554, No 98, item 604, No 121, item 770 and No 141, item 943; and of 1999, No 49, item 483).

2. The roll of voters, referred to in para. 1, shall be shall be drawn up no later than the 14th days before the election day. One copy of the roll shall be delivered, on the day preceding elections, to the chairman of the appropriate district electoral commission.

1. Rolls of voters in hospitals, social welfare establishments, and also in penal institutions and places of remand, as well as extramural departments of these establishments, shall be drawn up from the lists of persons who shall be present in such establishments on the election day.

2. The lists of persons referred to in para. 1 shall be delivered by the heads of such establishments to the office of the commune no later than the 10th day before the election day.

3. The fact of inclusion of those persons, referred to in para. 1, in the roll of voters, shall be notified to the office of the commune appropriate for the place of their permanent residence.

The minister competent for matters of public administration shall, in agreement with the National Electoral Commission, specify by means of a regulation, the procedure for creation of a roll of voters and shall establish a specimen roll of voters, and methods of its updating including for a repeat ballot, a specimen list of persons staying in hospitals, social welfare establishments, penal institutions and places of remand where a polling district has been established, a specimen notification concerning the inclusion of a voter in a roll of voters of another polling district, and specimens and procedures for issuing certificates confirming the right to vote.

Persons deprived of their electoral rights shall be deleted from the roll of voters.

1. A voter staying temporarily within the territory of a commune during a period including the election day shall, at his own request made no later than the 10th day before the election day, be added to its roll of voters.

2. The provisions of para. 1 shall apply as appropriate to a voter with no place of residence, who is within the territory of the commune.

1. Soldiers performing basic or periodic terms of military service, those serving as candidates for professional soldiering, soldiers performing military training and exercises, as well as conscripts performing their military service in civil defence units outwith their place of residence, shall be entered, upon their request, in the roll of voters - chosen by them - created for the locality in which they are performing their service. Any such request shall be submitted between the 21st and 14th day before the election day.

2. The provisions of para. 1 equally apply to policemen serving in quartered units.

3. Commanders of military units, civil defence units and police units shall be under a duty to ensure, respectively, that soldiers, conscripts and policemen have opportunity to exercise the rights specified in the provisions of para. 1.

4. The Minister of National Defence and the minister competent for matters of internal affairs shall, in agreement with the National Electoral Commission, specify the manner of fulfilment of obligations of the commanders, referred to in para. 3, in view of the requirement to enable the voters, referred to in paras 1 and 2, to perform the function of a member of a district electoral commission or the function a poll observer.

The fact of inclusion of those persons, referred to in Article 31 para. 1 and Article 32 paras 1 and 2, in the roll of voters, shall be notified to the office of the commune appropriate for the place of their permanent residence.

1. Two certificates, namely a certificate confirming his right to vote on the day of the first ballot and a certificate confirming his right to vote on the day of the repeat ballot, shall be given, upon request, by reference to:

- the register of voters before the creation of the roll of voters, or

- the roll of voters after the creation of the roll of voters,

to a voter who has changed his place of stay before the election day.

2. A certificate confirming his right to vote on the day of the repeat ballot, shall be given, upon request, to a voter who has changed his place of stay after the day of the first ballot but before the day of the repeat ballot.

3. Certificates referred to in paras 1 and 2 shall be issued by the office of the commune.

4. The provisions of para. 3 shall apply, as appropriate, to captains of ships and consuls who have created rolls of voters.

An authority which has created the roll of voters shall delete from the roll those persons:

1) who have been given a certificate confirming their right to vote;

2) whom they have been officially notified have been entered in the roll in another polling district.

1. Electors present aboard Polish ships, continuing their voyage on the election day, shall be entered in the roll of voters drawn up by captains of the ships.

2. Such inclusion shall be done upon request of the voter, made no later than the 3rd day before the election day. Such request shall specify a surname, forenames, father's name and date of birth and address of residence.

3. The minister competent for maritime economy affairs, shall specify, in agreement with the National Electoral Commission, by means of a regulation, the procedure for the creation and updating of the roll of voters, taking into consideration the period between the day of the first ballot and the day of the repeat ballot.

1. Electors being abroad, and holding valid Polish passports, shall be entered in the roll of voters to be created by the territorially appropriate consul.

2. Such inclusion shall be done, upon application made in person, either orally, in writing, by phone, by cable or telefax. Such application shall specify the voter's surname, forenames, father’s name, date of birth and place of stay and the number of his valid Polish passport as well as the place and date of issue. Applications may be made no later than the 3rd day before the election day.

3. The minister competent for matters of foreign affairs, in agreement with the National Electoral Commission, shall specify by means of a regulation, the procedure for the creation and updating of the roll of voters, referred to in para. 1, taking into consideration the period between the day of the first ballot and the day of the repeat ballot.

1. The roll of voters shall be accessible for inspection in the office of the commune or on the premises of the authority which has created the roll.

2. The head of the commune, or mayor (president of town) or the authority which created the roll of voters shall notify voters, in the customary manner, about the creation of the roll of voters and of the time and place of access thereto.

1. Anyone may submit to the authority which has created the roll of voters, a complaint about any inaccuracy in the creation of the roll, during the period when the roll is accessible for public inspection.

2. Complaints shall be submitted, either in writing or orally, and shall be recorded.

3. The time-limit for consideration of a complaint shall be 48 hours from its submission.

4. Upon consideration of a complaint, the authority which has created the roll of voters shall:

1. Any decision which refuses to uphold a complaint or results in a deletion from the roll of voters may be appealed, within 3 days of the delivery of the decision, by the complainant or by the person deleted from the roll of voters, to the district court appropriate for the area for which the roll was created. A copy of the contested decision shall be appended to the appeal.

2. The court, by a bench of one judge, shall examine the matter by way of non-litigious procedure within 3 days of the date on which the appeal was submitted. The court's decision shall be served both on the person who submitted the appeal and on the authority which created the roll. There shall be no appeal from the decision of the court.

3. Complaints about the roll of voters concerning the persons referred to in Article 35, para. 1 and Article 36, para. 1, shall be considered by, respectively, captains of ships or consuls. The decisions taken in such cases shall be final.

The district electoral commission shall add to the roll of voters:

1) any person who has presented a certificate confirming his right to vote, and which shall be attached to the roll,

2) any person omitted from the roll of voters, who proves that he permanently resides in the territory of the polling district, provided that the office of the commune has confirmed that it has not received any notice of that person's forfeiture of the right to vote,

3) any Polish citizen who permanently resides abroad - on the basis of a valid Polish passport - entering the number of his passport, as well as the place and date of issue - in the roll of voters. After adding to the roll of voters a Polish citizen who permanently resides abroad, the district electoral commission shall place its seal and write down the date of the ballot in the passport on the last blank page designed for visas.