Chapter 2

The election shall be conducted by:

1. The duties of the National Electoral Commission shall include:

2. The National Electoral Commission shall specify the territorial scope of activity of regional electoral commissions and their locations.

3. The National Electoral Commission shall issue guidelines binding on electoral commissions of lower level and shall provide explanations to organs of government administration and organs of local government and for their subordinate organizational units which perform duties connected with the conduct of elections.

4. The National Electoral Commission shall annul resolutions of regional electoral commissions adopted in violation of the law or inconsistent with its guidelines and shall refer the matter to an appropriate commission for reconsideration or shall itself take decision on that matter.

5. The National Electoral Commission may establish, for the duration of the election, its own inspection and specify the tasks thereof. The provisions of Article 19 paras 1 and 3-5, shall apply as appropriate to persons appointed to such inspection.

6. The National Electoral Commission shall adopt resolutions within the scope of its statutory powers.

The duties of the regional electoral commission, performed within its territorial jurisdiction, shall include:

The duties of the district electoral commission shall include:

1. Regional electoral commissions shall be appointed by the National Electoral Commission no later than the 45th day before the election day.

2. A regional electoral commission shall be composed of 5 judges, including 4 judges designated by the Minister of Justice and a voivodship electoral commissioner or a deputy voivodship electoral commissioner appointed ex officio, as its chairman, in accordance with separate provisions. A retired judge may also be appointed to the commission.

3. In the event that the voivodship electoral commissioner or his deputy is unable to perform the function of a chairman, the commission shall elect a chairman from amongst its own members. In such case, the Minister of Justice shall designate 5 judges as members of the commission.

3a. The commission shall, at its first sitting, elect a deputy chairman of the commission from amongst its own members and appoint a secretary of the commission. A head of a territorially appropriate unit of the National Electoral Office, or a person designated by him, shall be appointed secretary of the commission. The secretary shall participate in work of the commission in an advisory capacity.

4. The composition of the commission shall immediately be made public in the customary manner.

1. District electoral commissions, composed of 5-9 persons, shall be appointed, no later than the 21st day before the election day, by the executive board of a commune. The candidates to the commission membership shall be nominated from amongst voters of a given commune by agents of election committees or persons authorized by them. The commission shall include, [ex officio] as its member, a person designated by a head of that commune (mayor, president of town) from amongst the employees of the commune or its organizational units.

2. One candidate from each election committee shall be designated to a district electoral commission no later than the 30th day before the election day. In the event that the number of designated candidates exceeds the number of members of the commission, the composition of the commission shall be chosen in public, by the board of the commune, by lot.

3. If the number of candidates designated in accordance with the procedure referred to in para. 1 is lower than the minimum statutory number of members of the commission, the executive board of the commune shall complete the composition of the commission from amongst candidates additionally designated by the agents of election committees within 3 days after the expiry of the time limit specified in para. 2.

4. If, despite the prolongation of the time limit, the number of designated candidates is lower than the minimum statutory number of members of the commission, the executive board of the commune shall complete the composition of the commission from amongst voters.

5. The manner of nominating candidates, specimen nominations and detailed principles of appointment of district electoral commissions, including the manner of drawing lots, shall be specified on request of the National Electoral Commission, by means of a regulation, by the minister competent for matters of public administration.

6. District electoral commissions for polling districts created on Polish ships, as referred to in Article 23 para. 4, and elsewhere abroad shall be appointed from amongst voters by captains of those ships and consuls, respectively. The procedure and time limits for appointment of such commissions shall be specified on request of the National Electoral Commission, by means of a regulation, by the minister competent for maritime economy affairs and the minister competent for matters of foreign affairs, respectively,

7. The district electoral commission, at its first sitting, shall immediately elect a chairman and his deputy from amongst its members. The composition of the commission shall immediately be made public in the customary manner.

8. The functions of a chairman and deputy chairman of the district electoral commission shall not be performed by a person designated to the commission membership by a head of that commune (mayor, president of town) from amongst of the employees of the commune or its organizational units.

9. In polling districts established for electors staying in penal institutions and places of remand, the commission shall include, as its member, a person designated by a head of that commune (mayor, president of town) from amongst of the employees of penal institutions and places of remand.

The National Electoral Commission shall establish regulations for regional and district electoral commissions, specifying therein, in particular, the procedure of their work; the manner of performance of their duties.

The National Electoral Commission shall determine:

1) specimen seals for electoral commissions;

2) specimen forms for records of voting;

3) specimen records for results of voting;

4) a specimen ballot paper.

1. Members of electoral commissions shall be entitled to:

2. Members of the National Electoral Commission, voivodship electoral commissioners and deputy voivodship electoral commissioners shall not be entitled to the lump-sum allowance referred to in para. 1(2).

3. A member of an electoral commission shall, in connection with the performance of his duties, be entitled to a 5-day leave from work, including the right to social insurance benefits as well as the rights resulting from his employment relation, except for the right to remuneration.

4. Any person, being a member of an electoral commission, shall have the benefit of the legal protection provided to public functionaries and shall be accountable similarly to public functionaries.

5. Any person, being a member of an electoral commission, who has had an accident during the performance of the duties of such commission or whilst on his way to or from the place of the performance of such duties, shall be entitled to compensation in amounts and subject to the rules specified for employees by the provisions concerning benefits for accidents at work and vocational diseases. The compensation shall be paid by the Social Insurance Institution (ZUS) and proceedings in cases of such accidents shall be conducted by the head a territorially appropriate organizational unit of the National Electoral Office.

1. Changes in the composition of a regional electoral commission shall be a result of:

1) resignation from membership;

2) request from the Minister of Justice;

3) death of a member of the commission.

2. Filling of vacancies in the composition of the commission shall be in accordance with the provisions concerning its appointment.

Changes and filling of vacancies in the composition of a district commission shall be in accordance with the provisions concerning its appointment.

The National Electoral Commission shall dissolve regional and district commissions upon the conclusion of their statutory tasks.

1. Services of the National Electoral Commission and regional electoral commissions shall be ensured by the National Electoral Office appointed pursuant to separate provisions.

2. Services and technical and material resources for district electoral commissions shall be ensured, as a duty ascribed to the commune, by the head of the commune or mayor (president of town).

3. Duties prescribed in para. 2, shall apply, respectively, to the captains of Polish ships and consuls.

1. Organizational units exercising permanent management of State and communal property shall make available, without payment, premises indicated by a marshal (president) of a voivodship (or a voivod), sub-prefect and the head of a commune (mayor, president of town) for the use as locations of regional electoral commissions and district electoral commissions.

2. Premises of subjects other than those listed in para. 1, may also be assigned for use as locations of electoral commissions after prior agreements with persons managing such premises.