Chapter 11

ELECTION CAMPAIGN

Article 76b

1. The election campaign shall begin on the day of proclamation of the Marshal of the Sejm’s decision on the election.

2. The election campaign shall not be carried out during the 24 hours preceding the polling day and on the polling day until the conclusion of voting.

Article 76c

During the 24 hours preceding the polling day and until the conclusion of voting it shall be prohibited to announce the outcomes of pre-election surveys (public opinion polls) on probable voting behaviour and election results, as well as the results of election opinion polls conducted on the polling day.

Article 77

1. It shall be prohibited on the polling day and during the 24 hour period preceding that day to convene rallies, organize marches and demonstrations, give speeches, distribute leaflets and perform any other kind of canvassing in favour of the candidates.

2. All forms of canvassing in a polling station shall be prohibited.

Article 78

1. It shall be prohibited to carry out election campaigning in workplaces and public institutions in such way and by methods that disturb their ordinary functioning.

2. It shall be prohibited to carry out election campaigning 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 run, within the framework of election campaigning for a candidate for the Presidency of the Republic, lotteries and contests which offer cash and other prizes worth more than those customarily used for advertising or promotional purposes.

4. It shall be prohibited to serve and provide, within the framework of election campaigning for a candidate for the Presidency of the Republic, alcoholic beverages without charge or at attainable net sale prices and which do not exceed either their buying prices or costs of production.

Article 78a

Election materials shall bear clear indication of origin.

Article 79

1. Election posters and slogans may be affixed to the walls of buildings, fences, lamp posts, as well as power or telecommunications or other equipment only with the consent of the owner or administrator of the property.

2. It shall be forbidden to affix election posters and slogans to the interior and exterior walls of buildings of government and local-government administration and courts, and also within the areas of military units, civil defence units and quartered units subordinated to the minister competent for matters of internal affairs.

3. The council of a commune may forbid affixing election posters and slogans on some public buildings or in some defined parts of public areas by reason of protection of historical monuments or environmental protection.

4. The installation of announcing devices for the needs of the election campaign shall be performed in compliance with the existing provisions regarding maintenance of public order.

5. Posters shall be affixed in such a way as to make possible their removal without causing damage.

6. The police (city guard) shall be under a duty to remove - at the expense of the committee - posters and slogans affixed in such a way as to threaten the life or health of the populace, the security of property or the safety of road traffic.

7. Posters, election slogans and announcing devices installed for the purpose of election campaign shall be removed by the appropriate election committees within a period of 30 days following the election day.

8. The executive committee of a commune shall order the removal of election posters, slogans and announcing devices that have been affixed in violation of the provisions of paras. 1-5 or have not been removed within the time-limit referred to in para. 7. Any such removal shall be performed at the expense of the election committees concerned.

Article 80

1. If posters, slogans, leaflets, announcements or other forms of election propaganda and promotional material contain false details and information, any concerned person shall have the right to petition the regional court for :

1) the confiscation of such materials;

2) the prohibition of publication of such details and information;

3) an order to rectify the information;

4) an order to offer an apology to the person libelled;

5) an order that a participant in the proceedings pay up to 50,000 zl. to a charitable institution;

6) an adjudication that a participant in the proceedings pay up to 50,000 zl. compensation to the petitioner.

2. The regional court, by a bench of one judge, shall examine a petition referred to in para. 1 within 24 hours, in non-litigious proceedings. The court may examine the case in the event of reasonable absence of the petitioner or a participant in the proceedings, who has been notified pursuant to rules as to the time of the hearing. A ruling which terminates the proceedings in the case shall be immediately served by the court on the person concerned referred to in para. 1, on the appropriate regional electoral commission and on any person under a duty to observe the court's ruling. Any such ruling of the regional court may be subject to appeal, within 24 hours, to the Court of Appeal which shall be obliged to examine it within 24 hours. There shall be no legal recourse against the ruling of the Court of Appeal and it shall be subject to immediate execution.

3. False details or information on the elections and related to the election campaign, published in press shall be subject to rectification within 48 hours.

4. The court shall, in respect of rectification of details or information published in press publications other than a daily newspaper, indicate the daily newspaper in which the rectification must be published, at the expense of the person so obliged, within 48 hours.

5. In the event of a refusal or failure to publish such rectification by a person so obliged or any person indicated in the court's ruling, the court shall order, on the concerned person's request, that the publication of rectification be enforced by a writ of execution, at the expense of the relevant person.

6. The provisions of Article 76b para.2 shall not apply to matters referred to in paras. 3 to 5 above.

Article 81 is repealed

Article 82

The exercise of the rights under this Act shall not prevent any other injured party from seeking redress by virtue of other statutes.

Article 83

1. During the period between the 15th day before the polling day and the day ending the election campaign the "Polish Television Joint-stock Company" and the "Polish Radio Joint-stock Company", hereinafter called "Polish Television" and "Polish Radio" shall broadcast on the nationwide channels, without payment, the election programmes prepared by election committees, pursuant to the provisions of statute.

2. The total time of broadcast, without payment, of election programmes shall amount to 25 hours for Polish Television, including up to 5 hours for TV Polonia, and 35 hours for Polish Radio, including up to 5 hours in the programme for listeners abroad.

3. The term "broadcast, without payment, of election programmes" shall mean either recording or broadcasting speeches of the representatives of the committees or the candidates for the Presidency of the Republic, as well as recording or broadcasting election programmes prepared by the committees.

4. The National Committee for Radio Broadcasting and Television, in agreement with the National Electoral Commission, shall specify, by means of a regulation, the procedures for the allotment of time assigned for the unpaid broadcast of election programmes, the scope of recording and methods of preparation and broadcast of such programmes, as well as methods of dissemination of information about the schedule of broadcast of the election programmes.

5. The National Committee for Radio Broadcasting and Television, after seeking opinion of the boards of the companies referred to in para.1, and the appropriate programming council, shall determine:

1) the length of time assigned for broadcast of election programmes without payment on each of the nationwide channels;

2) a schedule of time allocations referred to in para. 2, during the period between the 15th day before the polling day and the day ending the election campaign.

6. The sequence of broadcasting of the election programmes for each day shall be determined no later than the 18th day before the polling day by persons responsible for management of production of the appropriate nationwide television channels, including TV Polonia, and radio channels, by random selection in the presence of the agents.

7. The time for broadcast assigned to one committee shall not be transferred to another committee. Polish Television and Polish Radio shall not interfere, without a final court ruling, with the content and time of programmes of the committee.

8. Agents may appeal to the National Electoral Commission against the decisions concerning the allotment of time for broadcasts. Any such appeal shall be submitted within a time limit of 24 hours after the issue of the decision. The National Electoral Commission shall immediately examine the matter and issue a decision. There shall be no legal recourse against the decision of the National Electoral Commission.

9. In the event that a repeat ballot referred to in Article 8b has been ordered, Polish Television and Polish Radio shall disseminate without payment, during the period between the 9th day before the polling day and the day ending the election campaign preceding the day of the repeat ballot, election programmes prepared by both candidates, provided that their total time shall amount to 6 hours for Polish Television and 8 hours for Polish Radio. The provisions of paras. 3 to 8 shall apply, as appropriate, provided that random selection of the sequence of broadcasting for each day of broadcast of election programmes shall be held on the 10th day before the day of the repeat ballot.

Article 83a

1. Notwithstanding the length of time allotted for the broadcast of the election programmes, without payment, each election committee may broadcast, between the 15th day before the election day and the day ending the election campaign only, paid election programmes by means of public and non-public radio and television broadcasters. The total time of broadcast, for a payment, of election programmes cannot exceed 15 per cent of the total time allocated to a particular election committee for its broadcast of election programmes without payment.

2. Broadcasters shall not refuse to broadcast the paid election programmes referred to in para. 1.

3. Rates charged for the broadcast time of the election programmes referred to in para. 1 cannot exceed 50 per cent of the rates charged for commercials and they shall be identical for each user and shall be fixed in accordance with the price list in force on the day of proclamation of elections.

4. The rules concerning advertisement activity in television and radio broadcasts, subject to the provisions of para. 5, shall apply to the programmes referred to in para. 1.

5. The time assigned for broadcast, for a payment, of election programmes shall not be subject to the time limits for commercials, established by other regulations.

Article 83b

1. Polish Television and Polish Radio shall ensure to the National Electoral Commission the possibility to present on the nationwide television and radio channels, without payment, in the period following the proclamation of the election for the Presidency of the Republic, information explanations and communications connected with the proclaimed election and the provisions of the existing electoral law.

2. The National Committee for Radio Broadcasting and Television, in agreement with the National Electoral Commission and the boards of Polish Television and Polish Radio, shall specify, be means of a regulation, the procedures for matters referred to in para. 1.