Legislator Case Law & Legislation
III SW 54/00 AI generated

Disability access failure in polling station violates election law but does not invalidate presidential election results.

Case Number III SW 54/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court found that denying disabled voters access to the polling station violated the universal voting principle in the Presidential Election Act. The plaintiff, a priest representing 150 disabled pilgrims, argued that inaccessible stairs, lack of facilities, and misleading information prevented 69 people from voting. While the court confirmed the violation and the duty of election commissions to assist arriving voters, it ruled that the error did not alter the final election outcome.

Legislator headnote

AI generated

Art. 2 of the Presidential Election Act; Art. 127(1) of the Constitution: Failure to provide access to disabled voters constitutes a violation of the universal voting principle, but such a violation does not invalidate election results if the outcome remains unchanged.

Keywords

AI generated
presidential election disabled voters polling station access universal voting principle election invalidation election commission duty Constitutional right

Cited Legislation

AI generated
Art. 2 of the Act of 27 September 1990 on Presidential Elections
Art. 127(1) of the Constitution of the Republic of Poland
art. 127 ust. 1 Konstytucji RP

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