Legislator Case Law & Legislation
III SW 43/11 AI generated

Supreme Court rules voter cannot be placed on separate polling list without consent, but must be offered alternative voting option.

Case Number III SW 43/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court upheld the validity of a protest election against the Electoral Code and relevant regulations. The Court found that while the voter was incorrectly registered on a separate hospital polling list without his knowledge, the local electoral commission violated his rights by failing to inform him of the option to vote at his permanent residence. Consequently, the Court ruled that the voter must be offered an alternative voting method rather than being directed to a distant polling station, though the protest did not affect the election results.

Legislator headnote

AI generated

Art. 20 § 1 Kodeksu wyborczego; § 7 ust. 5 i 6 rozporządzenia MSWiA o spisie wyborców; art. 51 § 2 pkt 3 Kodeksu wyborczego: A voter placed on a separate polling list without consent must be offered the option to vote at their permanent residence if they can document their departure from that unit by election day.

Keywords

AI generated
electoral protest polling list registration voter rights separate polling station electoral code violation voting procedure electoral commission duty

Cited Legislation

AI generated
art. 20 § 1 Kodeksu wyborczego
§ 7 ust. 5 i 6 rozporządzenia MSWiA o spisie wyborców
art. 51 § 2 pkt 3 Kodeksu wyborczego
art. 242 § 2 Kodeksu wyborczego

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