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III SW 353/95 AI generated

Supreme Court partially allowed election protest against President, finding procedural violations could have influenced the result.

Case Number III SW 353/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland partially upheld a protest against the presidential election, recognizing violations regarding candidate education claims and campaign conduct. Protesters argued false educational data and unauthorized campaigning affected the outcome, while the Court dismissed claims about ballot marking and late trustee registration. The court ruled that while the specific impact of these irregularities on the final vote count could not be scientifically measured, they were sufficient to potentially influence individual voters' decisions.

Legislator headnote

AI generated

Art. 43 in conjunction with Art. 41 ust. 1 pkt 1, Art. 77 ust. 2, and Art. 52 of the Act on the Election of the President of the Republic of Poland; The court established that while the precise quantitative impact of procedural violations on election results cannot be determined, such violations may have influenced the decisions of specific voters, thereby affecting the overall outcome.

Keywords

AI generated
presidential election protest candidate qualification verification campaign conduct violations ballot marking irregularities trustee registration deadlines election result impact assessment procedural election law

Cited Legislation

AI generated
Art. 43 in conjunction with Art. 41 ust. 1 pkt 1, Art. 77 ust. 2, and Art. 52 of the Act on the Election of the President of the Republic of Poland
Art. 42 ust. 1 of the Act on the Election of the President of the Republic of Poland
Art. 45 ust. 3 of the Act on the Election of the President of the Republic of Poland
Art. 72 ust. 1 of the Act on the Election of the President of the Republic of Poland

Cited Case Law

AI generated
III SW 43/95
Supreme Court dismissed presidential election protest as education info error could not affect election result.
III SW 69/95
III SW 1035/95
Supreme Court dismisses presidential election protest regarding false education claims due to lack of evidence proving impact on results.
III SW 1091/95
Supreme Court allows presidential election protest for false education claim potentially influencing vote results.

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