Chapter 8
DETERMINING THE RESULTS OF VOTING
Article 61
1. Immediately after the voting has been concluded, the district electoral commission shall count and secure the unused ballot papers and shall open the ballot-box, whereupon it shall determine:
1) the number of voters entitled to vote;
2) the number of voters to whom ballot papers were delivered;
2a) the number of votes cast, i.e. the number of ballots inserted into the ballot box;
3) the number of valid votes;
4) the number of invalid votes;
5) the number of valid votes cast for each individual candidate.
2. The determination referred to in para. 1 shall be done on the basis of the roll of voters and the ballot papers inserted by voters into the ballot-box.
3. Poll observers shall have the right to be present during the determination of the result of voting and drawing up of the report thereon, and may enter comments upon the record, specifying precise complaints
Article 62
1. The commission shall deem invalid any vote:
1) which has been cast on a ballot paper other than that officially provided or not stamped with the commission's seal;
2) which has been cast on a ballot paper on which the voter has put the "x" mark adjacent to the names of more than one candidate;
3) which has been cast on a ballot paper on which the voter has not put the "x" mark adjacent to the name of any candidate.
2. The validity of a vote shall not be affected by the writing in of any additional names or making other remarks on the ballot paper.
3. Ballot papers completely torn shall not be taken into consideration in determining the results of voting.
Article 63
1. The district electoral commission shall immediately draw up, in two copies, the record of the voting.
2. The record of the voting shall contain the data referred to in Article 61, para. 1, as well as information on:
1) the time of commencement and conclusion of voting;
2) the number of ballot papers provided to the electoral commission and the number of unused ballot papers;
3) the probable cause of any discrepancy between the number of ballot papers delivered and the number of ballot papers found by the commission in the ballot-box;
4) orders and decisions issued by the commission, as well as other matters related to the conduct of voting;
5) any complaints submitted by candidates' poll observers;
6) any reservations by members of the commission as to the conduct of voting.
3. The record shall be signed by the members of the electoral commission who were present during its making. The record shall be stamped with the seal of the commission.
Article 64
The district electoral commission shall, after drawing up the record, immediately make public the results of voting referred to in Article 61, para. 1.
Article 65
1. The chairman of a district electoral commission shall immediately deliver, in a sealed envelope, a copy of the record of voting in a district to the appropriate regional electoral commission according to the procedure prescribed by the National Electoral Commission.
2. The district electoral commission shall append to the record its explanation concerning any complaints submitted by candidates' poll observers.
Article 66
1. The regional electoral commission shall, upon receipt of the records from all the polling districts, immediately establish the aggregated results of voting and shall draw up a record in 2 copies. The record, together with records for district election commissions, shall be immediately delivered in a sealed envelope to the National Electoral Commission. The provisions of Article 61 paras. 1 and 3, Article 63 paras. 2 and 3, Article 64 and Article 65 para. 2, shall apply as appropriate.
2. repealed.
3. The procedure for delivery and acceptance of records from regional electoral commissions shall be prescribed by the National Electoral Commission.
3a. The rules and procedure for delivering the results of voting from the polling districts created abroad and on Polish ships to the appropriate regional electoral commission, shall be established by the National Electoral Commission after seeking an opinion of, respectively, the minister competent for matters of foreign affairs and the minister competent for maritime economy matters.
3b. If, within 24 hours after the conclusion of voting referred to in Article 49, the appropriate regional electoral commission has not received the results of voting in polling districts abroad and on Polish ships, the voting in those districts shall be deemed null and void. Such fact shall be noted in the record of the aggregate results of voting, with identification of such polling districts and the probable cause of not receiving the results of voting from those districts.
4. Copies of these records, along with all the documents concerning the voting shall be delivered by the chairmen of district and regional electoral commissions to, respectively, the heads of the commune (mayors, presidents of towns) and the heads of territorially appropriate units of the National Electoral Office.
5. repealed.
Article 66a
The National Electoral Commission shall specify the rules and procedures for use of computerized data transmission and processing system in relation to the results of voting and result of the election.
Article 66b
The minister competent for matters of culture and protection of national heritage, shall, on request of the National Electoral Commission made in consultation with the Director General of the State Archives, specify, by means of a regulation, the manner of delivery, retention and providing access to the documents pertaining to elections.