EDRIElection Dispute Resolution Index

Article 82 of the Polish Electoral Code explicitly enumerates the parties with standing to challenge election validity. Standing is granted to: (1) voters registered in the voter list on election day in any precinct (§2, §3, §4 with precinct-specific limitations by electoral district); (2) the chair of the competent electoral commission; and (3) an electoral proxy (§5). The statute clearly defines who may file protests and distinguishes between different types of contests (general election validity, district validity, individual candidate election) with corresponding standing requirements. This represents a precise, statutory enumeration of standing categories rather than discretionary or vague criteria.

No matching sections in corpus.

Article 241 § 1 of the Polish Electoral Code (Kodeks wyborczy) explicitly specifies that a protest against the validity of Sejm elections must be filed in writing with the Supreme Court within 7 days from the date the State Electoral Commission announces the election results in the Journal of Laws of the Republic of Poland. This establishes a clear, statutory deadline tied to a defined event (official announcement of results). The provision also clarifies the filing method and the equivalent status of timely postal submission. The requirement is unambiguous and leaves no discretion regarding the deadline itself, satisfying the EDRI criterion for procedural clarity in contest filing deadlines.

Article 392 § 2 establishes that a protester must formulate allegations and present or indicate evidence supporting those allegations. This codifies a basic evidentiary requirement — that evidence must be presented or referenced in the protest itself. However, the statute does not codify: (1) a specific standard of proof (e.g., preponderance, clear and convincing, beyond reasonable doubt); (2) rules of admissibility (which evidence is permissible); (3) burdens of proof allocation; or (4) procedural standards for evaluating evidence. The provision requires evidence submission but leaves substantive evidentiary standards and admissibility determinations to judicial discretion under Article 394 (referenced but not excerpted). This satisfies the minimal requirement of codifying that evidence must be presented, but falls short of codifying both standard of proof and admissibility rules as the criterion requires.

No matching sections in corpus.

No matching sections in corpus.

No matching sections in corpus.

No matching sections in corpus.

The statute explicitly establishes a binding 14-day deadline for the State Electoral Commission (PKW) to transmit the election report to the President, Speaker of the Sejm, and Supreme Court following publication of the announcement referenced in Article 238. This is a clear, mandatory timeline codified in the Electoral Code (nie później niż 14 dnia = 'not later than 14 days'). The deadline is set by statute, not administrative discretion, and creates a fixed point for certification timing. This satisfies the requirement that the certification deadline be established by law rather than left to administrative judgment.

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Article 47 of the Polish Electoral Code (Kodeks wyborczy) addresses procedures for interrupting, extending, or postponing voting due to extraordinary events. It establishes protocols for sealing ballot boxes and preserving ballots if voting is interrupted or postponed. However, this provision deals exclusively with voting-day procedures and the temporary suspension of voting operations—not with certification stay mechanisms during post-election recounts or contests. The statute contains no language establishing a stay of certification pending recount completion or election contest resolution. The section does not address certification timing, certification holds, or statutory stays applicable to the certification process itself. To satisfy TIME.2, a statute must provide an explicit mechanism to delay or stay certification while disputes are pending; this section does neither.