Chapter 5

1. A candidate for the Presidency of the Republic shall be nominated by at least 100,000 citizens having the right to vote in elections to the Sejm. Any such nomination shall be supported by the signatures of the nominators.

2. repealed

3. Candidates for the Presidency of the Republic may be nominated no later than the 45th day before the election day.

1. Citizens, being at least 15 in number, shall establish an election committee, hereinafter called "the committee", in order to nominate a candidate for the Presidency of the Republic and to carry out - on the principle of exclusiveness - election campaigning in his favour.

2. The setting up of the committee shall require:

a) a written consent by the candidate indicating acceptance of standing for election;

b) a written consent by the candidate indicating acceptance of setting up his committee.

3. The candidate shall give his consent, as referred to in para.2, to one committee only.

4. The consent indicating acceptance by the candidate of standing for election shall contain: forename(s), surname and age of the candidate, along with his membership in a political party, if any. The consent shall also contain the candidate's PESEL registration number and information concerning his substantiated educational background, any profession practised and workplace (establishment), as well as his place of residence. The candidate shall write the date and put his personal signature on the consent.

5. Granting consent indicating his acceptance of standing for election, the candidate shall provide a statement to the National Electoral Commission, referred to in Article 6, para. 1, of the Act of 11th April 1997 on Disclosure of Work or Service in the Organs of State Security and Collaboration with such Organs in the years 1944-1990 by Persons Performing Public Functions (Dziennik Ustaw of 1999 No. 42, item 428, No. 57, item 618, No. 62, item 681 and No. 63, item 701).

6. The committee shall act under the name "The election committee of ...... (the forename and surname of the candidate), a candidate for the Presidency of the Republic of Poland".

7. The citizens, referred to in para. 1, shall declare in writing the setting up of the committee and shall give their forenames, surnames, home addresses and PESEL registration numbers, and shall appoint an agent of the committee, hereinafter called "an agent", who shall act on behalf of and in favour of the committee, as well as a financial agent referred to in Article 84b. The acceptance of the authority to act as an agent shall be evidenced by signature.

8. No one shall be an agent of more than one committee. A candidate for the Presidency of the Republic shall not be an agent.

1. The National Electoral Commission shall immediately transfer the statement of the candidate, as referred to in Article 40a, para. 5, to the Warsaw Appellate Court. The Court shall, by virtue of law, initiate lustration proceedings.

2. In the event that the statement referred to in Article 40a, para. 5, has been made by the candidate in relation to his standing for any public function connected with an obligation to make such statement, the candidate for the Presidency of the Republic shall notify this fact in writing to the National Electoral Commission.

1. Having collected, in accordance with the provisions specified in Article 41 para. 1(3), at least 1,000 signatures of citizens having the right to vote in elections to the Sejm and who have supported the candidate, the agent shall submit the committee to the National Electoral Commission for registration. The signatures referred to in the first sentence shall constitute part of the required 100,000 signatures of citizens supporting the candidate.

2. Any submission of the committee shall contain:

3. To each submission shall be appended:

4. The submission of the committee for registration shall be no later than the 55th day before the election day.

1. If the submitted nomination satisfies the requirements specified in Article 40a, para. 5, Article 40b, para. 2 and Article 40c, the National Electoral Commission shall make the decision to register the committee. The decision shall be immediately delivered to the agent.

2. If the submitted nomination is defective, the National Electoral Commission shall immediately summon the agent to have such defect removed within a time limit of 3 days. In the event of any failure to remove such defect within the prescribed time, the National Electoral Commission shall refuse to register the committee. The decision of the National Electoral Commission, with reasons given, shall be immediately delivered to the agent.

3.The agent shall have the right to submit a complaint to the Supreme Court against the decision of the National Electoral Commission refusing registration of the committee. Such complaint may be submitted within the time-limit of 2 days of the date of delivery of the decision refusing registration of the committee.

4. The Supreme Court shall, by a bench of 3 judges, examine the complaint in non-litigious proceedings and shall issue a ruling in respect of the complaint within a time limit of 3 days. There shall be no legal recourse against the ruling of the Supreme Court. The ruling shall be delivered to the agent and to the National Electoral Commission. If the Supreme Court has found the complaint of the agent reasonable, the National Electoral Commission shall immediately register the committee.

The committee shall acquire legal existence, to the extent of the exercise of its duties resulting from statute, from the moment it is registered by the National Electoral Commission.

1. Information on a registered election committee shall be announced by the National Electoral Commission in the Official Gazette of the Republic of Poland "Monitor Polski" and shall be publicized in a newspaper with a nationwide circulation.

1. Collecting of signatures in support of the nomination of the candidate for the Presidency of the Republic may occur only in such places, time and manner which exclude any threat, trick and the application of any pressure to compel provision of signatures.

2. It shall be prohibited to collect signatures in support of the nomination of the candidate for the Presidency of the Republic in the areas of military units and other units subordinated to the Minister of National Defence, and in civil defence units as well as in quartered units subordinated to the minister competent for matters of internal affairs.

3. It shall be prohibited to give remuneration for placing one's signature on the nomination of the candidate for the Presidency of the Republic.

1. Any nomination of a candidate for the Presidency of the Republic shall be submitted personally by the agent of the committee registered in accordance with Article 40d, no later than 12 o'clock at night on the 45th day before the election day. Any nomination of a candidate shall contain:

2. Support for a candidate, affirmed by a signature, may not be withdrawn.

1. The National Electoral Commission shall register any candidate for the Presidency if his nomination has been submitted pursuant to the provisions of this Act, having made an official record of registration of the candidate and notifying this to the agent.

2. When checking the correctness of nomination of the candidate, the National Electoral Commission shall examine:

3. If the submitted nomination is defective, the National Electoral Commission shall immediately summon the agent to have such defect removed within a time limit of 3 days. In the event of any failure to remove such defect within the prescribed time, the National Electoral Commission shall refuse to register the candidate. The decision of the National Electoral Commission, with reasons given, shall be immediately delivered to the agent.

4. The agent shall have the right to lodge a complaint to the Supreme Court against the decision of the National Electoral Commission refusing registration of the candidate. Such complaint may be submitted within a time-limit of 2 days of the date of delivery of the decision refusing registration of the candidate.

5. The Supreme Court shall, by a bench of 3 judges, examine the complaint in non-litigious proceedings and shall issue a ruling in respect of the complaint within a time limit of 5 days. There shall be no legal recourse against the ruling of the Supreme Court. The ruling shall be delivered to the agent and to the National Electoral Commission. If the Supreme Court has found the complaint of the agent reasonable, the National Electoral Commission shall immediately register the candidate.

1. After the expiry of the time-limit referred to in Article 40, para. 3, subject to Article 42 paras. 3-5, the National Electoral Commission shall draw up a list of candidates containing, in alphabetical order, the surnames, forenames, age, as well as substantiated educational background, profession practised, workplace (establishment), and also place of residence of the registered candidates, as indicated in the submitted nomination. The list shall also include the content of a statement, referred to in Article 6, para. 1, of the Act on Disclosure of Work or Service in the Organs of State Security and Collaboration with such Organs in the years 1944-1990 by Persons Performing Public Functions, in the part specified in Article 11, para.2 of that Act.

2. Upon request of the agent, the list of candidates shall also include the candidate's membership in a political party.

3. No later than the 20th day before the election day, the National Electoral Commission shall make the data referred to in paras. 1 and 2 known to voters by posting up announcements.

The National Electoral Commission shall delete from the list of candidates the name of any candidate who has withdrawn his acceptance to stand for election, died or forfeited his eligibility. Information on such deletion shall immediately be made public by the National Electoral Commission.

1. Any agent shall have the right to appoint one poll observer to regional electoral commissions and to district electoral commissions. The function of a poll observer in the National Electoral Commission shall be performed by the agent or a person authorized by him.

2. The agents, or person authorized by them, shall issue to poll observers an authorization pursuant to a specimen provided by the National Electoral Commission.