Chapter 12

1. A protest against the validity of the elections, validity of elections in a constituency or the election of a deputy to the Sejm may be lodged on the basis of allegation of offence committed against the elections or by reason of violation of the provisions of this Act regarding the voting, establishing of results of voting or establishing of results of elections.

2. If an offence committed against the elections or a violation by the National Electoral Commission of the provisions of this Act regarding voting, establishing of results of voting or results of elections gives grounds for lodging a protest, such protest may be lodged by any voter.

3. A protest against validity of elections in a constituency or against the election of a deputy to the Sejm may be lodged by a voter whose name, on the day of election, was placed in the roll of voters in one of the polling districts in the territory of a given constituency.

4. The right to lodge a protest shall also be vested in an agent of an election committee.

5. In the event of any lodging of protest against validity of the elections, validity of elections in a constituency or the election of a deputy to the Sejm, the provisions concerning the duties and rights of deputies to the Sejm shall apply to a deputy (or deputies) concerned until the resolution of the issue according to the procedure specified in Article 128.

1. A protest shall be lodged with the Supreme Court in writing no later than the 7th day after the date of announcement of results of elections by the National Electoral Commission in the Official Gazette of the Republic of Poland - "Monitor Polski". A protest mailed within this time-limit, at a post office in Poland, shall be deemed to have been lodged with 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 lodged, respectively, with either the territorially competent consul or captain of the ship. The voter must enclose with the protest notification about the grant of power of attorney to a person residing in Poland or a person residing in Poland authorized to make and receive delivery, failing which, examination of such protest shall be discontinued.

3. A person lodging a protest shall particularize the complaints and furnish or indicate the evidence on which he bases such complaints.

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.

2. 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 committed against the election or violation of the provisions of this Act might have influenced or did have influence on the result of the elections.

3. The participants in the proceeding shall be, by virtue of statute, the person lodging the protest, the chairman of the appropriate electoral commission or his deputy, and the Prosecutor General.

1. The Supreme Court shall refuse to hear a protest lodged by a person not entitled to do so according to Article 124, paras. 2 to 4, or who has not fulfilled the requirements specified in Article 125. Restoration of the time-limit for lodging 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 to lodge 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 against elections, the Supreme Court shall immediately notify the Prosecutor General about such fact.

1. The Supreme Court shall determine the validity of elections and the validity of election of a deputy to the Sejm against whom a protest has been lodged, 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 the opinions given as a result of examination of the protests lodged. In such proceedings, the provisions of Articles 18 and 19 of the Act of 20th September 1984 on the Supreme Court (Dziennik Ustaw of 1990, No. 26, item 153 and No. 53, item 306 and of 1991, No. 83, item 371, No. 100, item 443 and No. 113, item 491) shall be applicable.

2. The Supreme Court shall take the decision referred to in para. 1 in the form of a resolution adopted no later than the 90th day after the election day, at a sitting attended by the Prosecutor General and the Chairman of the National Electoral Commission.

3. The Supreme Court, following a decision on the invalidity of the election of a deputy to the Sejm, shall declare the seats to be vacant by reason of invalidation, and shall decide on the conduct of repeat elections or performance of some electoral activities, whilst specifying with which activities the electoral proceedings should be repeated.

4. The resolution of the Supreme Court shall be immediately submitted to the President of the Republic and the Marshal of the Sejm and it shall also be communicated to the National Electoral Commission and announced in the Official Gazette of the Republic of Poland - "Monitor Polski".

5. A vacancy in a seat, referred to in para. 3, shall be created on the day of the announcement of the resolution of the Supreme Court.

1. In the case of the adoption by the Supreme Court of a resolution referred to in Article 128, para. 3, repeat elections or prescribed electoral activities shall be performed within 3 months of the day of its announcement, pursuant to the rules and procedure provided in this Act.

2. The order of the President on repeat elections or the undertaking of prescribed electoral activities shall be made public and announced in the Journal of Laws of the Republic of Poland [Dziennik Ustaw Rzeczypospolitej Polskiej] no later than the 10th day after the day of the announcement of the Supreme Court's resolution referred to in para. 1.

3. The provisions of Article 10, para. 2 shall apply accordingly, provided that the time-limits for conclusion of the electoral activites may be shorter than those provided for in this Act.

4. Voting in repeat elections shall be held only on the territory of Poland.

5. The results of repeat elections and electoral activities duly performed shall be published by the National Electoral Commission by way of an announcement, as referred to in Article 121, paras. 1 and 2. The announcement shall also specify those persons who, as a result of repeat elections or prescribed electoral activities, have lost their seats, indicating the number of the constituency and number and name of the list of candidates.

6. A vacancy in seats, referred to in para. 5, shall occur on the day of the proclamation of the announcement of the National Electoral Commission in the Official Gazette of the Republic of Poland - "Monitor Polski".

7. The announcement referred to in para. 5 shall be immediately communicated to the Marshal of the Sejm.

In the event of adoption by the Supreme Court of a resolution on the invalidity of elections and its proclamation in the Official Gazette of the Republic of Poland "Monitor Polski", the provisions of Article 11 shall be applied accordingly.