Legislator Case Law & Legislation
III SW 371/10 AI generated

Supreme Court dismissed presidential election protest over non-standard voting certificates as formal error with no impact on results.

Case Number III SW 371/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed a presidential election protest filed by Mieczysław P. regarding the State Electoral Commission's acceptance of voting certificates not matching the official form. The protestor argued this procedural error allowed multiple voting by the same citizen and potentially constituted a crime against elections. The court ruled that while the Commission's explanation was technically inconsistent with the regulation, it did not permit multiple votes or fraud because certificates were still authenticated by official stamps.

Legislator headnote

AI generated

Art. 29 ust. 1 ustawy o wyborze Prezydenta RP; § 14 ust. 5 rozporządzenia Ministra Spraw Wewnętrznych i Administracji: A formal deviation from the prescribed format of voting certificates does not constitute a ground for election protest if the documents remain authentic and do not affect the election result.

Keywords

AI generated
presidential election protest voting certificates format formal procedural error election result impact crime against elections State Electoral Commission authentication requirements

Cited Legislation

AI generated
Art. 29 ust. 1 of the Act on Presidential Elections
§ 14 ust. 5 of the Minister of Interior and Administration Regulation on the voter list and issuance of voting rights certificates
Art. 72 ust. 1 of the Act on Presidential Elections
Art. 75 ust. 1 and 1a of the Act on Presidential Elections

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