Legislator Case Law & Legislation
III SW 180/05 AI generated

Supreme Court found election law violation but dismissed protest as it did not affect election results.

Case Number III SW 180/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland found that the Electoral Commission violated Article 39a of the Presidential Election Act by recording voters' names without attaching the original voting rights certificates. While the protest was deemed substantively valid regarding this procedural error, the Court ruled that the violation did not influence the final election outcome due to the large margin of victory. Consequently, the protest was accepted as valid but the election results were confirmed as unchanged.

Legislator headnote

AI generated

Art. 39a ust. 1 ustawy o wyborze Prezydenta RP; Art. 50 ust. 3 ustawy o wyborze Prezydenta RP: A violation of the statutory requirement to attach the original voting rights certificate to the voter list constitutes a procedural breach, but such a breach does not invalidate the election results if it did not affect the outcome.

Keywords

AI generated
Presidential Election Act voting rights certificate electoral commission procedure election result validity protest admissibility procedural violation margin of victory

Cited Legislation

AI generated
Art. 39a ust. 1 ustawy z dnia 27 września 1990 r. o wyborze Prezydenta Rzeczypospolitej Polskiej
Art. 50 ust. 3 ustawy z dnia 27 września 1990 r. o wyborze Prezydenta Rzeczypospolitej Polskiej

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