Legislator Case Law & Legislation
III SW 1035/95 AI generated

Supreme Court dismisses presidential election protest regarding false education claims due to lack of evidence proving impact on results.

Case Number III SW 1035/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Włodzimierz K.'s protest against the presidential election of Aleksander Kwaśniewski, finding the claim of a deliberate lie about his education unproven. Although the court acknowledged that false information regarding higher education could have influenced voter behavior, it could not establish that such a lie actually occurred or quantified its specific impact on the election outcome. Consequently, the court ruled that the protest was inadmissible because the necessary evidence to prove the falsity of the claim and its causal effect on the vote count was absent.

Legislator headnote

AI generated

Art. 72 ust. 1 w zw. z art. 73 ust. 1 Ordynacji; A protest against a presidential election is admissible only if a violation of election laws or a crime could have influenced the election result, but the burden of proof regarding the falsity of a candidate's claim and its actual impact on the vote remains with the protester.

Keywords

AI generated
presidential election protest candidate education claims election law violation burden of proof influence on election result Supreme Court decision election integrity

Cited Legislation

AI generated
Art. 72 ust. 1 Ordynacji
Art. 73 ust. 1 Ordynacji
Art. 75 Ordynacji
Art. 516 k.p.c.
art. 228 § 2 k.p.c
art. 6 k.c
art. 227 k.p.c
art. 515 k.p.c
art. 138 k.p.c
art. 514 k.p.c

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