Legislator Case Law & Legislation
III SW 120/03 AI generated

Supreme Court dismisses referendum protest regarding voter photography with open ballots as lacking statutory basis.

Case Number III SW 120/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed a referendum protest filed by a committee chair against the validity of the vote. The petitioner alleged various irregularities, including voters photographing themselves with open ballots and the issuance of cards to unqualified individuals. The court ruled that these specific complaints lacked a statutory foundation under the referendum and electoral ordinance laws, as voter silence was not violated by such behavior and the evidence for other claims was insufficient.

Legislator headnote

AI generated

Art. 33 ust. 1 ustawy o referendum ogólnokrajowym; Art. 79 ust. 3 Ordynacji wyborczej: A protest must be based on specific statutory grounds such as crimes against the referendum or violations of referendum voting laws, and complaints regarding voter conduct like photography with open ballots do not constitute a legal basis for protest if no objection was raised by the commission.

Keywords

AI generated
referendum protest statutory basis voter silence electoral ordinance unqualified voters open ballot procedural requirements

Cited Legislation

AI generated
Art. 33 ust. 1 of the Act on General National Referendum
Art. 79 ust. 3 of the Electoral Ordinance for the Sejm and Senate
Art. 34 ust. 2 of the Act on General National Referendum

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