Chapter 9

ESTABLISHMENT OF RESULTS OF VOTING

IN POLLING DISTRICTS

Article 99

The district electoral commission shall establish, immediately after voting has been concluded, the results of voting in the district. Poll observers may be present during the confirmation of the result of voting.

Article 100

1. The commission shall establish, on the basis of the roll of voters, the number of persons entitled to vote and the number of voters to whom ballot papers were delivered.

2. The commission shall establish the number of unused ballot papers and it shall subsequently place those papers in sealed packages.

3. The chairman, in presence of the commission, shall open the ballot-box, and then the commission shall count the ballot papers contained therein.

4. Any ballot paper torn completely into two or more pieces shall not be taken into consideration in the counting referred to in para. 3.

5. If the number of ballot papers in the ballot-box exceeds the number of ballot papers delivered, the commission shall indicate the probable cause of such discrepancy.

Article 101

The district electoral commission shall, having established the number of ballot papers returned, proceed to count the votes cast for particular constituency lists and for individual candidates from those lists.

Article 102

1. If, on the ballot paper the "x" mark has been put in a box on the left-hand side adjacent to the names of two or more candidates from different lists, or the "x" has not been put in a box on the left-hand side adjacent to the name of any candidate on any list, then such a vote shall be deemed invalid.

2. Ballot papers other than those officially provided or those not stamped with the district electoral commission seal shall also be invalid.

3. If, on the ballot paper the "x" mark has been put in a box on the left-hand side adjacent to the names of two or more candidates from the same list, such a vote shall be deemed validly cast for the constituency list indicated with the assignment of priority in obtaining a seat for deputy to the Sejm to that candidate whose name on this list is placed first in sequence.

4. The validity of a vote shall not be affected by the writing in of any additional numbers of lists, names or surnames, or making other remarks on the ballot paper.

Article 103

The district electoral commission shall draw up, in two copies, the record of voting in the district.

Article 104

1. There shall be specified in the record of voting, the numbers of:

1) persons entitled to vote,

2) voters to whom ballot papers were delivered,

3) votes cast,

4) invalid votes,

5) valid votes,

6) votes validly cast for each of the constituency lists (total number of votes cast for candidates from such list),

7) votes validly cast for individual candidates from each of the constituency lists.

2. There shall also be specified in the record the number of received but unused ballot papers.

3. There shall be specified in the record the time of commencement and conclusion of voting, and a summary of orders and decisions issued, as well as other matters related to the conduct of voting.

4. The record shall be signed by all members of the district electoral commission who were present during its making. The record shall be stamped with the commission's seal.

5. Poll observers shall have the right to enter comments upon the record, specifying precise complaints.

Article 105

The district electoral commission shall, after drawing up the record, immediately announce the results of voting for constituency lists, including the information referred to in Article 104, para. 1.

Article 106

1. The chairman of a district electoral commission shall immediately deliver to the constituency electoral commission, in a sealed envelope, a copy of the record of voting in a district.

2. A procedure for the delivery and acceptance of records referred to in para. 1 shall be established by the National Electoral Commission.

3. The rules and procedure for delivering the results of voting from the polling districts, referred to in Article 51, to the appropriate constituency electoral commission, shall be established by the National Electoral Commission in agreement with, respectively, the Minister of Foreign Affairs and the minister competent for maritime-economic matters.

4. The National Electoral Commission may establish rules and procedures for transmitting, in advance, information from the record via public telecommunications or computerized data-transmission networks.

Article 107

1. The chairman of the district electoral commission shall immediately, after concluding the actions referred to in Article 106, transfer the documents concerning the voting to the head of the commune or mayor (president of town).

2. The documents from a district abroad or on Polish ships shall be kept by, respectively, consuls and captains of ships.


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