Chapter 6
ELECTORAL COMMISSIONS
Article 53
The elections shall be conducted by:
1) the National Electoral Commission,
2) constituency electoral commissions,
3) district electoral commissions.
Article 54
1. Any person, being a member of an electoral commission, shall lose membership of such commission on any day on which they signify their consent to stand as a candidate for deputy to the Sejm.
2. Any person, being a member of an electoral commission, cannot discharge the functions of an agent of an election committee, as referred to in Article 80, para. 3, or that of poll observer.
3. Any person, being a member of an electoral commission, shall not engage in the election campaign in favour of any list of candidates or any individual candidate.
Article 55
1. Any person, being a member of an electoral commission, shall be entitled to:
1) a per diem allowance and compensation for travel expenses;
2) a lump-sum per diem for time devoted to conduct of the vote, as well for establishing the results of the vote and of the elections; subject to the rules, and in amounts, established by the Prime Minister in agreement with the National Electoral Commission.
2. In connection with the fulfillment of the responsibilities, referred to in para. 1, subpara. 2, a member of an electoral commission, with the exclusion of the National Electoral Commission, shall be entitled to leave from work for a period no longer than 3 days during which time such member shall retain rights to all benefits as if still at work.
3. The rules concerning the remuneration, and its amount, for members of the National Electoral Commission shall be determined by the Marshal of the Sejm.
Article 56
Any person, being a member of an electoral commission, shall have the benefit of the legal protection provided to public functionaries.
A. The National Electoral Commission
Article 57
The National Electoral Commission shall be a permanent institution competent in the preparation, organization and conduct of elections.
Article 58
1. The duties of the National Electoral Commission shall include, in particular:
1) the supervision of observance of electoral law;
2) the implementation of the necessary organizational activities for the preparation and conduct of elections;
3) cooperation with the appropriate organs of government and local-government administration, in order to ensure the efficient preparation and conduct of elections;
4) the consideration of complaints against the actions of constituency electoral commissions;
5) the registration of national lists of candidates for deputies to the Sejm;
6) the establishment of the aggregate results of voting for constituency lists of candidates for deputies to the Sejm and deciding which of them will be taken into account in the allocation of seats in constituencies;
7) the establishment of results of the election of deputies from national lists of candidates for deputies to the Sejm;
8) the creation of specimens of official forms and printed materials relating to elections, as well as specimens of the seals of constituency and district electoral commissions;
9) the supervision of the maintenance and updating of the register of voters and of the creation of rolls of voters;
10) the publication of the results of elections of the Sejm;
11) the grant of certificates to deputies to the Sejm confirming their election;
12) the submission to the Sejm of a report on an election;
13) the appointment of constituency electoral commissions and dissolution of constituency and district electoral commissions upon the conclusion of their statutory duties;
14) the consideration of periodic information provided by the National Electoral Office on changes in basic territorial divisions of the country or on changes in the number of inhabitants in constituencies,
15) the performance of other duties specified by statute.
2. The National Electoral Office shall guarantee provision of services to the National Electoral Commission.
Article 59
1. The National Electoral Commission shall issue guidelines binding upon subordinate electoral commissions and shall issue interpretations to organs of government and local-government administration, as well as to subordinate organs thereof, performing duties in relation to the conduct of elections.
2. The National Electoral Commission shall rescind any resolution of a constituency electoral commission passed contrary to law or inconsistent with the guidelines of the National Electoral Commission, and shall refer any such case to the appropriate commission for reconsideration.
3. The National Electoral Commission shall establish its own regulations and regulations for constituency and district electoral commissions, specifying, in particular:
1) the rules and procedure of their work;
2) the method of performing their duties;
3) the method of exercising supervision of observance of electoral law.
4. The National Electoral Commission may, for the time of elections, create its own inspectorate and specify its duties.
Article 60
1. The National Electoral Commission shall establish rules for and methods relating to the use of an electronic system for data transmission and processing of the results of voting and elections.
2. The Minister of Communication shall, at the request of the National Electoral Commission, establish rules and requirements for the use of telecommunication devices and systems and the public telecommunications network for election purposes.
Article 61
The National Electoral Commission shall have the right to use an official seal, as defined in the relevant provisions concerning state seals. The seal shall be 35mm in diameter.
Article 62
1. The National Electoral Commission shall be composed of:
1) 3 judges of the Constitutional Tribunal, designated by the President of the Constitutional Tribunal;
2) 3 judges of the Supreme Court, designated by the First President of the Supreme Court;
3) 3 judges of the Supreme Administrative Court, designated by the President of the Supreme Administrative Court.
2. The President of the Republic of Poland shall appoint the persons, referred to in para. 1, to be members of the National Electoral Commission.
3. The National Electoral Commission shall elect a chairman and two deputies from amongst its own members.
4. The composition of the National Electoral Commission shall be made public and announced in the Official Gazette of the Republic of Poland - "Monitor Polski".
Article 63
1. Changes in membership of the National Electoral Commission shall follow as a result of:
1) a resignation from its membership;
2) a motion of a President who designated a judge to be a member of the Commission;
3) expiry of the term of office of a member of the Constitutional Tribunal or termination of the service of a judge.
4) death.
2. A vacancy in the National Electoral Commission shall be filled pursuant to the provisions on appointment thereof.
B. The constituency electoral commission
Article 64
1. The duties of the constituency electoral commission shall include, in particular:
1) the supervision of observance of electoral law by district electoral commissions;
2) the consideration of complaints against the actions of district electoral commissions;
3) the registration of constituency lists of candidates for deputies to the Sejm;
4) the ordering of the printing of electoral announcements and delivery of them to district electoral commissions;
5) the establishment of the results of voting and of elections in the constituency;
6) the assurance, in cooperation with the appropriate organs of government and local-government adminstration, of the proper preparation and conduct of elections in the constituency;
7) the performance of other duties provided for by statute or bestowed by the National Electoral Commission.
2. The constituency electoral commission may, during the time of elections, create its own inspectorate and specify its duties.
3. The National Electoral Office shall guarantee provision of services to the constituency electoral commission.
Article 65
1. A constituency electoral commission shall be composed of 11 to 15 judges of the territorially competent appellate, voivodship and district courts, who have been submitted by the Minister of Justice no later than the 52nd day before the election day.
2. The National Electoral Commission shall appoint persons referred to in para. 1 to be members of a constituency electoral commission no later than the 48th day before the election day.
3. The first meeting of a constituency electoral commission shall be convened, on the authority of the National Electoral Commission, by the head of voivodship electoral office territorially competent for the location of the constituency electoral commission.
4. The constituency electoral commission shall, at its first meeting, elect a chairman and two deputies from amongst its members.
5. The constituency electoral commission shall appoint the head of voivodship electoral office, or a person designated by him, to be secretary of the commission. The commission's secretary shall participate in meetings of the commission in an advisory capacity.
6. The composition of the constituency electoral commission shall immediately be made public in customary manner.
Article 66
1. Changes in membership of the constituency electoral commission shall follow as a result of:
1) a resignation from its membership;
2) a motion of the Minister of Justice;
3) termination of the service of a judge;
4) death.
2. A vacancy in a constituency electoral commission shall be filled pursuant to the provisions on appointment thereto.
C. The district electoral commission
Article 67
The duties of the district electoral commission shall include:
1) the conduct of voting in the polling district;
2) the assurance, on the election day, of observance of electoral law in the place of, and during the vote;
3) the establishment of the results of voting in the district and announce them;
4) the delivery of voting records to the constituency electoral commission.
Article 68
1. The district electoral commission shall be appointed from amongst voters, no later than the 21st day before the election day, by the executive committee of the commune, taking into account proposals submitted by election committees.
2. The district electoral commission shall be composed of 5 to 9 members.
3. The first meeting of the district electoral commission shall be convened by the head of the commune or mayor (president of town).
4. At its first meeting, the district electoral commission shall elect a chairman and a deputy from amongst its members.
5. The composition of the district electoral commission shall immediately be announced in customary manner.
Article 69
1. District electoral commissions for polling districts created abroad or on Polish ships shall be appointed, respectively, by consuls and captains of ships.
2. The National Electoral Commission shall, in agreement with, respectively, the Minister of Foreign Affairs and the minister competent for maritime-economic matters, specify rules, procedure and time for appointment of such commissions.
Article 70
Changes, and filling of a vacancy, in the membership of a district electoral commission shall be performed pursuant to the provisions on appointment thereto.
D. Electoral offices
Article 71
1. The National Electoral Office shall guarantee organizational and technical services to enable the performance of those tasks connected with the preparation and conduct of elections.
2. The organizational units of the National Electoral Bureau shall include:
1) teams;
2) voivodship branches, hereinafter called "voivodship electoral offices".
3. Internal organization of the National Electoral Office shall be specified in statutes issued by the Marshal of the Sejm, upon the motion of the National Electoral Commission. The Statutes of the National Electoral Commission shall be announced in the Official Gazette of the Republic of Poland - "Monitor Polski".
4. The Head of the National Electoral Office shall specify, by means of regulations under statutory powers, the detailed internal organization of the organizational units of the National Electoral Office and their jurisdiction.
Article 72
1. The National Electoral Office shall perform those tasks resulting from this Act and other statutes.
2. The National Electoral Office shall cooperate in performance of electoral duties in conjunction with competent ministers, chiefs of central organs of government administration, voivods and local government units.
3. The principles of cooperation between the government administration organs and the National Electoral Office shall be specified, by means of regulations, issued by the minister competent in respect of administrative affairs, in conjunction with the Head of the National Electoral Office.
Article 73
1. Upon the motion of the National Electoral Commission, the Marshal of the Sejm shall appoint and remove the Head of the National Electoral Office.
2. The Head of the National Electoral Office shall act as a Secretary of the National Electoral Commission and shall participate in its meetings in an advisory capacity.
3. The Head of the National Electoral Office shall have the use of financial resources, identified in the State Budget, within that part concerning the National Electoral Office.
4. The provisions concerning persons appointed to direct state offices shall be applicable to the Head of the National Electoral Office, and to the employees of that Office - the provisions of the Act on Civil Servants, without prejudice to para. 7.
5. repealed
6. repealed
7. The Head and employees of the National Electoral Office may not belong to any political party nor may they participate in any political activity.
Articles 74 and 75 are repealed
Article 76
1. Services and technical and material maintenance of work of the district electoral commission shall be ensured, as a duty ascribed to the commune, by the head of the commune or mayor (president of town).
2. Duties specified in para. 1 in respect of commissions referred to in Article 69 shall be performed, respectively, by a consul and the captain of a ship.
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