Chapter 10
ESTABLISHMENT OF RESULTS OF ELECTIONS
IN A CONSTITUENCY
Article 108
1. The constituency electoral commission shall establish, on the basis of the records referred to in Article 106, para. 1, the results of voting for individual constituency lists and shall draw up in two copies the record of the results of voting in the constituency.
2. If, within 36 hours after the conclusion of the voting referred to in Article 35, para. 1, the appropriate constituency electoral commission has not received the results of voting in polling district 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 results of voting in the constituency, with identification of such polling districts and the probable cause of not receiving the results of voting from them.
3. The record shall specify 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,
7) votes validly cast for individual candidates from each of the constituency lists.
4. The record shall be signed by all members of the commission who were present during its making. The record shall be stamped with the commission's seal.
5. The agents may be present during the establishing of the results of voting and the drawing up of the record and they shall have the right to enter comments upon record, specifying precise complaints.
6. The chairman of the constituency electoral commission shall immediately transmit the information from the record concerning the number of valid votes and the number of votes validly cast for each of constituency lists and votes validly cast for individual candidates from each of those lists, to the National Electoral Commission in the manner prescribed by it, via public telecommunications or computerized data-transmission networks.
7. The record referred to in para. 1 shall be immediately delivered by the chairman of the constituency electoral commission to the National Electoral Commission according to the procedure prescribed by it.
Article 109
1. On the basis of the data referred to in Article 108, para. 6, the National Electoral Commission shall make a preliminary determination of the number of valid votes and votes validly cast for constituency lists of individual election committees throughout the entire country and indicate those lists which fulfill the requirements for entitlement to participate in the allotment of seats in constituencies. Information on this fact shall be announced.
2. After receiving the records of the results of voting in constituencies, the National Electoral Commission shall, by official record, establish the aggregated results of voting for constituency lists throughout the entire country and shall determine, in compliance with the provisions of Article 5, para. 1, which lists fulfill the requirements for entitlement to participate in the allotment of seats in constituencies and notify the same in writing to the constituency electoral commissions. Such information shall be announced.
Article 110
1. The constituency electoral commission shall conduct, upon receipt of the notification referred to in Article 109, para. 2, the allotment of seats among those constituency lists so entitled, in the following manner:
1) the number of votes validly cast in a constituency for each of those lists shall be divided successively by 1, 2, 3, 4 and so on, up to the moment when it is possible to make a sequence of the highest numbers in succession from the quotients thus obtained as there are seats to be allocated amongst the lists,
2) each list shall be alloted as many seats as it has received highest consecutive numbers attributed to it from the sequence of quotients obtained in the manner prescribed above.
2. If several lists have shown quotients equal to the last number from among the numbers arranged in the manner prescribed above, and there are more of those lists than seats to be allotted, priority shall be given to lists according to the total number of votes cast for them. If an identical number of votes has been cast for two or more lists, then the priority shall be decided bynm he number of polling districts in which higher number of votes have been cast for a given list.
Article 111
1. The seats falling to a given constituency list shall be distributed to its candidates according to the sequence of votes obtained.
2. If two or more candidates have gained an identical number of votes which entitle them to a seat to be allotted from a given list, then priority shall be given to the names placed prior on the list.
Article 112
If any seats remain undistributed in a constituency, then the number of those seats shall be added to the number of deputies to the Sejm elected from national lists.
Article 113
1. The constituency electoral commission shall, after establishing the results of elections in the constituency, draw up a record, in two copies, of the election of deputies to the Sejm in that constituency.
2. There shall be specified in the record the number of deputies to the Sejm elected in the constituency, and also the number 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 constituency lists,
7) seats falling to each list,
8) votes validly cast for individual candidates from each of constituency lists, and
9) surnames and forenames of deputies to the Sejm elected from each constituency list.
3. In the case referred to in Article 112, the number of seats undistributed shall also be specified in the record.
4. The record shall be signed by all members of the commission who were present during its creation. The record shall be stamped with the commission's seal.
5. The agents may be present during the establishment of the results of the voting and the creation of the record and shall have the right to make comments on record, specifying precise complaints.
6. The provisions of Article 108, para. 2 shall apply accordingly.
Article 114
The constituency electoral commission shall immediately announce the results of voting and results of elections in the constituency, including the information referred to in Article 109, para. 2 and Article 113, paras. 2 and 3.
Article 115
1. The chairman of the constituency electoral commission shall transmit the information from the record of election of deputies to the Sejm in the constituency to the National Electoral Commission, according to the procedure prescribed by it, via public telecommunications or computerized data-transmission networks.
2. The record referred to in Article 113 shall be immediately delivered in a sealed envelope by the chairman of the commission to the National Electoral Commission according to the procedure prescribed by it. All other documents concerning the elections shall be kept by the head of the voivodship electoral office competent for the location of the commission.
Article 116
1. The National Electoral Commission shall conduct, after receiving the records referred to in Article 115, para. 2, an examination of the correctness of methods used to establish the results of elections in constituencies.
2. The National Electoral Commission shall order, in the event of a finding of incorrectness in establishment of the results of the elections, a repeat establishment of results. The provisions of Articles 110 to 115 shall apply, respectively.