Chapter 1

GENERAL PROVISIONS

Article 1

This Act specifies the principles of and procedure for nominating candidates and conducting the election as well as the requirements for validity of the election of the President of the Republic.

Article 2

1. The election shall be universal: the right to vote shall be vested in each Polish citizen who attains at least 18 years of age on the election day.

2. repealed.

Article 3

The following persons shall have no right to vote:

1) those deprived of public rights by a final ruling of a court;

2) those deprived of their electoral rights by a final ruling of the Tribunal of State;

3) those deprived of legal capacity by a final ruling of a court.

Article 4

The election shall be equal: voters shall participate in the election on the principle of equality of rights.

Article 5

The election shall be direct: the electors shall elect the President of the Republic directly; votes shall be cast only in person.

Article 6

The election shall be held by secret ballot; the polling station shall have places guaranteeing secrecy for voting; ballot papers shall be inserted into a sealed ballot-box.

Article 7

1. The Marshal of the Sejm shall order the election no sooner than 7 months and no later than 6 months before the expiry of the term of office of the serving President of the Republic and shall specify the date of the election which shall be on a non-working day and no sooner than 100 days and no later than 75 days before the expiry of the term of office of the serving President of the Republic.

2. In the event of the office of President of the Republic falling vacant, the Marshal of the Sejm shall order the election no later than the 14th day thereafter and shall specify the date of the election which shall be on a non-working day and within a period of 60 days of the day of ordering the election.

Article 8

1. The Marshal of the Sejm shall order, by means of a decision, the election of the President of the Republic and shall specify the date of the election in accordance with Article 7. The decision of the Marshal of the Sejm shall be publicized and announced in the Journal of Laws of the Republic of Poland (Dziennik Ustaw Rzeczypospolitej Polskiej) no later than the day of the ordering of the election.

2. In the decision, referred to in para. 1, the Marshal of the Sejm shall, after seeking the opinion of the National Electoral Commission, specify the time-limits for performance of particular electoral activities (the calendar of the election).

Article 8a

1. The President of the Republic shall be elected for a 5-year term of office and may be re-elected for one more term.

2. A newly elected President of the Republic shall take an oath in the presence of the National Assembly on the last day of the discharge of duties of his office by the outgoing President of the Republic.

3. The outgoing President of the Republic shall conclude the discharge of the duties of his office upon the taking of an oath by a newly elected President of the Republic.

4. The President of the Republic elected in the election referred to in Article 7 para. 2, shall take the oath in the presence of the National Assembly within a time limit of 7 days following the declaration of validity of the election.

5. The President of the Republic shall assume his office upon the taking of the oath.

Article 8b

1. If, in the election referred to in Article 7, none of the candidates for the Presidency of the Republic has obtained more than half of the votes validly cast, a repeat ballot shall be held on the 14th day following the first ballot.

2. The two candidates who have received the highest number of votes in the first ballot, shall participate in the repeat ballot.

3. If one of the two candidates, referred to in para. 2, has withdrawn his consent to candidacy, forfeited his electoral rights or died, the candidate who received the next highest consecutive number of votes in the first ballot shall be admitted to replace him in the repeat ballot. In such case, the date of the repeat ballot shall be extended by a further 14 days.

4. The candidate who receives the higher number of votes in the repeat ballot shall be considered elected to the office of President of the Republic.

5. In the event referred to in para. 3, the National Electoral Commission shall immediately notify, by means of a resolution, about the admission of a new candidate to the election in the repeat ballot and shall publicize the date of holding the repeat ballot.

Article 8c

1. If, in the election referred to in Article 7 and Article 8b, the ballot shall be held for only one candidate, then the National Electoral Commission shall state such fact by means of a resolution which shall be delivered to the Marshal of the Sejm, publicized and announced in the Journal of Laws of the Republic of Poland (Dziennik Ustaw Rzeczypospolitej Polskiej).

2. The Marshal of the Sejm shall again order the election no later than within 14 days following the announcement of the resolution of the National Electoral Commission in the Journal of Laws (Dziennik Ustaw). The provisions of Article 7 para. 2 and Article 8 shall apply as appropriate.

3. The provisions of para. 1 shall apply as appropriate in the event of lack of candidates.