Chapter 10

1. A protest against the validity of the election of President of the Republic may be submitted by reason of violation of the provisions of this Act or on the basis of an allegation of an offence committed against elections if such violation or offences have affected the results of the election.

2. A protest against the validity of the election of President of the Republic may be submitted by a voter whose name, on the day of election, was on the roll of voters in one of the polling districts.

3. The right to submit a protest shall also be vested in subjects who have nominated candidates and in electoral commissions.

1. Any protest shall be submitted with the Supreme Court in writing no later than the 3rd day after the date of making the results of the elections public by the National Electoral Commission. A protest mailed within this time-limit at a post office in Poland shall be deemed to have been submitted to the Supreme Court.

2. In respect of a voter staying abroad or on a Polish ship, the requirement specified in para. 1 shall be deemed fulfilled if the protest has been submitted, respectively, with either the territorially competent consul or captain of the ship. The voter must enclose with the protest notification of grant of power of attorney to a person residing in Poland or a person residing in Poland authorized to effect and receive delivery, failing which, examination of such protest shall be discontinued.

3. A person submitting a protest shall particularize the complaints and furnish or indicate the evidence on which he bases his complaint.

1. The Supreme Court shall refuse to hear a protest submitted by a person not entitled to do so according to Article 72 paras. 2 and 3, or who has not fulfilled the requirements specified in Article 73. Restoration of the time-limit for submitting a protest shall be inadmissible.

2. The Supreme Court shall refuse to hear a protest concerning the question, for which this Act provides the possibility, of submitting before the election day a complaint or appeal with the court or with the National Electoral Commission.

3. If a protest includes allegations of an offence committed in relation to the elections, the Supreme Court shall immediately notify the Prosecutor General about such fact.

1. The Supreme Court shall, by a bench of 3 judges, examine the protest in non-litigious proceedings, applying the appropriate provisions of the Code of Civil Procedure and shall give opinion thereon in the form of a decision.

1a. The opinion shall include conclusions as to the validity of the complaints, and in the event of confirmation of validity of complaint - an opinion, whether the offence against elections or violation of the provisions of this Act has had influence on the result of the elections.

2. The participants in the proceedings shall be, by virtue of statute, the appropriate electoral commission, the Prosecutor General and a representative of the National Electoral Commission.

3. repealed.

1. The Supreme Court shall determine the validity of election of the President of the Republic, acting by the whole bench of the Chamber of Administration, Labour and Social Security, on the basis of a report submitted by the National Electoral Commission and after examination of the protests submitted.

2. The Supreme Court shall take the decision referred to in para. 1 in the form of a resolution adopted no later than the 30th day following the announcement of the result of the election by the National Electoral Commission, at a sitting attended by the Prosecutor General and the Chairman of the National Electoral Commission.

3. The resolution of the Supreme Court shall be immediately submitted to the Marshal of the Sejm and shall also be communicated to the National Electoral Commission and published in the Journal of Laws of the Republic of Poland [Dziennik Ustaw Rzeczypospolitej Polskiej].

1. In the event of adoption by the Supreme Court of a resolution stating the invalidity of the election of the President of the Republic, new elections shall be held in accordance with the principles and procedure prescribed in this Act.

2. The decision of the Marshal of the Sejm on a new election shall be made public and announced in the Journal of Laws of the Republic of Poland [Dziennik Ustaw Rzeczypospolitej Polskiej] no later than the 5th day after the announcement of the Supreme Court's resolution referred to in para. 1.