Legislator Case Law & Legislation
III SW 30/11 AI generated

Invalid ballot cards did not affect election results as the list would not have won mandates.

Case Number III SW 30/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court found the protest regarding defective ballot cards in specific districts valid but ruled it did not alter the election outcome. The petitioner argued that missing candidate lists on ballots caused invalid votes that should have gone to his committee, while the State Electoral Commission confirmed the existence of invalid cards. The court decided that even if all invalid votes were reallocated to the petitioner's list, the total percentage would remain below the threshold required for mandate distribution.

Legislator headnote

AI generated

Art. 224, 227, 40, 71, 73, 228, 230, 231, 241, 242 Kodeksu wyborczego: A violation of election code provisions regarding defective ballot cards does not affect election results if the reallocation of invalid votes to the affected list would not enable that list to participate in the division of mandates.

Keywords

AI generated
defective ballot cards invalid votes reallocation mandate distribution threshold election protest admissibility electoral law violation

Cited Legislation

AI generated
art. 224 w związku z art. 227 i art. 40 § 1, 3 i 5 oraz art. 71 § 1 i art. 73 w związku z art. 228 § 1 i art. 230 § 1 Kodeksu wyborczego
art. 231 § 2 Kodeksu wyborczego
art. 241 § 3 Kodeksu wyborczego
art. 242 § 2 Kodeksu wyborczego
art. 101 ust. 2 Konstytucji RP

Cited Case Law

AI generated
III SW 85/01

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