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Participating in municipal elections and elections to the European Parliament

European Union citizens who are not nationals of Poland may vote and stand as candidates in elections to the European Parliament and municipal councils, as well as vote to elect mayors of municipalities, towns and cities, provided that they are included in the electoral register kept by the municipality concerned (Article 10(1)(2) and (3)(a) and (4) and Article 11(1)(5) of the Electoral Code).

Entry in the electoral register 

To be included in the electoral register, a citizen of the European Union who is not a Polish national must submit a relevant application to the municipal office for the area in which they permanently reside.

The application must include:

  1. surname and name(s);
  2. father's name;
  3. date of birth;
  4. passport number or the name and number of another identity document;
  5. the address at which the voter is registered for permanent residence or the voter’s last registered address of permanent residence in Poland.

The application must be accompanied by:

  1. a photocopy of the valid document proving the applicant's identity;
  2. a written declaration in which the applicant state their:
  1. nationality,
  2. address of permanent residence on the territory of Poland.

Documents which have not been drawn up in Polish must be submitted together with a translation into Polish by a sworn translator. This also applies to other documents which are submitted in connection with the elections by European Union citizens who are not nationals of Poland.

Applicable laws do not specify a deadline by which an application for inclusion in the electoral register must be submitted to enable voters to take part in the elections. However, it must be borne in mind that the mayor of the municipality (town, city) has 5 days to process the application.

Model applications for inclusion in the electoral register and a model written declaration which is attached to the application are available at the municipal offices and on the website of the National Electoral Commission (Państwowa Komisja Wyborcza) www.pkw.gov.pl.

A citizen of the European Union who is not a national of Poland, included in the electoral register, will be removed from the electoral register upon their written request.

European Parliament elections 

Right to vote (right to elect) and right to stand as a candidate (right to stand for election)

  1. The right to vote, i.e. the right to participate in the vote (right to elect) in European Parliament elections, can be exercised by a citizen of the European Union permanently residing in Poland and included in the electoral register, who:
  1. reaches the age of 18 on the day of voting at the latest;
  2. has not been deprived of their public rights by a final court decision;
  3. has not been legally incapacitated by a final court decision (Article 10(1)(2) and Article 10(2) of the Electoral Code).

The right to stand as a candidate (right to stand for election) can be exercised by a person entitled to vote in elections to the European Parliament, who:

  1. reaches the age of 21 on the day of voting at the latest;
  2. has been permanently resident in the Republic of Poland or on the territory of another EU Member State for at least 5 years.

The following are not entitled to exercise the right to stand for election:

  1. a person who has been finally sentenced to imprisonment for an intentional criminal offence prosecuted on indictment or an intentional tax offence;
  2. a person who has been deprived of their election right in a Member State of the European Union of which they are a national (Article 11(1)(4), Article 11(2)(1) and Article 11(4) of the Electoral Code).

Conditions for participation in voting

European Union citizens who are not nationals of Poland are included in the electoral register kept by a municipal office may vote and stand as candidates in elections to the European Parliament in the Republic of Poland (Article 10(1)(2) and Article 11(1)(4) of the Electoral Code).

A European Union citizen who is not a Polish national and has been included in the electoral register in Poland is not entitled to vote in elections to the European Parliament which are held under the provisions of another Member State of the European Union, including in their country of origin.

Voting in Poland at the place of permanent residence

A voter who has been entered into the electoral register will be included ex officio on the electoral roll of the municipality in which they are included in the electoral register, which is kept for the polling district in which they reside.

Voting in Poland outside the place of permanent residence

Voting in the place of temporary residence after inclusion on the electoral roll

A voter who has been entered into the electoral register and is temporarily staying outside the place where they are included in the register may vote in their place of temporary residence, if they submit a written application for inclusion on the electoral roll.

The voter must include the following in the application:

  1. surname and name(s);
  2. father's name;
  3. date of birth;
  4. passport or identity document number, place and date of issue of the document;
  5. permanent residence address (at which the voter is included in the electoral register);
  6. the address where the voter is temporarily staying.

The application must be submitted to the municipal office for the area where the voter is temporarily resident no later than 5 days before the election day.

A voter added to the electoral roll at their own request will be removed ex officio from the roll in their place of permanent residence.

Voting on the basis of a voting right certificate

A voter who is included in the electoral register and intends to change their place of residence before the election day may apply for a voting right certificate. This certificate entitles the holder to vote at any polling district in Poland and abroad (in the polling district formed by the Polish Minister for Foreign Affairs) or while on a Polish seagoing vessel.

The application for a voting right certificate must be submitted to the municipal office in which the voter is included in the electoral roll no later than 2 days before the election day. It may be submitted in writing, by fax or in electronic form. The voter must collect a voting right certificate in person or by proxy (acting on the basis of written authorisation).

If another person is authorised to collect the certificate, the voter must draw up an application for such certificate and authorisation (it can be a single document), stating their name(s) and surname as well as passport number, or name and number of another identity document, as well as details of the person authorised to receive the certificate.

A voter who has been issued with a voting right certificate will be removed ex officio from the electoral roll at their place of permanent residence.

In the event of a loss of the certificate, regardless of the reason, the voter will not be able to obtain another certificate or participate in the vote in the polling district for the area where they permanently reside.

Voting at health centres, welfare centres, prison facilities and pre-trial detention centres, as well as at external branches of such facilities and detention centres, and at student dormitories

Voters who have been included in the electoral register and will be staying on the election day at health centres, welfare centres, prisons and pre-trial detention centres will be included on electoral rolls for the polling districts established in these units, and will be able to vote in these districts. The director of the unit will notify those staying in the unit once they have been included on the electoral roll.

The voters included on the electoral roll in these units will be removed ex officio from the roll for their place of permanent residence.

Those who arrive at these units on the election day will be able to vote in the polling districts established in these units only on the basis of voting right certificates.

The same applies to voters who are included in the electoral register and reside in student dormitories or complexes of student dorms in which polling districts have been created.

Voting abroad (in the polling district formed by the Polish Minister for Foreign Affairs)

Voting in the polling district on the basis of an application for inclusion on the electoral roll

To take part in the vote, a voter permanently residing in Poland, but temporarily staying abroad, included in the electoral register, must notify the competent consul of their intention to vote in the polling district created abroad.

The notification must be made orally, in writing, by telephone, by fax or in electronic form. The notification must include:

  1. surname and name(s);
  2. father's name;
  3. date of birth;
  4. passport or identity document number, place and date of issue of the document;
  5. the address where the voter is staying abroad (address of temporary stay),
  6. the address where the voter permanently resides (at which the voter is included in the electoral register).

The notification must be submitted no later than 3 days before the election day.

A list of polling districts for voting abroad is available for each vote at all Polish consular posts and diplomatic missions as well as on the website of the National Electoral Commission www.pkw.gov.pl and www.wybory.gov.pl.

Voting on the basis of a voting right certificate

A voter permanently residing in Poland, included in the Polish electoral register, who intends to vote abroad may apply to the municipal office for the area where they permanently reside to obtain a voting right certificate, on the terms set out in Section 2, regarding voting in a country where they are not permanently resident.

On the other hand, a voter who has been entered into the electoral roll by the consul may apply to the consul for a voting right certificate. The application for a voting right certificate must be submitted to the consul no later than 2 days before the election day. The voter must collect a voting right certificate in person or by proxy (acting on the basis of written authorisation).

This certificate entitles the holder to vote at any polling district in Poland and abroad (in the polling district formed by the Polish Minister for Foreign Affairs) or while on a Polish seagoing vessel.

A voter who has been issued with a voting right certificate will be removed ex officio from the electoral roll drawn up by the consul.

In the event of a loss of the voting right certificate, regardless of the reason, the voter will not be able to obtain another certificate or participate in the vote in the polling district for the area where they permanently reside.

Voting in the polling districts established on Polish seagoing vessels

A voter permanently residing in Poland, but staying on board a Polish seagoing vessel on the election day, included in the electoral register, in order to take part in the vote, must request the ship's captain to include them on the electoral roll in the polling district established on the ship, unless they have a voting right certificate.

The application must include:

  1. surname and name(s);
  2. father's name;
  3. date of birth;
  4. passport or identity document number, place and date of issue of the document;
  5. the address where the voter permanently resides (the address where the voter is included in the electoral register).

The application for inclusion on the electoral roll for the polling district created on a Polish seagoing vessel must be submitted no later than 3 days before the election day.

The list of polling districts on the Polish seagoing vessels is available for each vote on the website of the National Electoral Commission www.pkw.gov.pl and www.wybory.gov.pl.

The voters on board a Polish seagoing vessel can also vote on the basis of their voting right certificates.

Adding voters to electoral rolls on the voting day

On the election day, electoral commissions for polling districts will add to the electoral roll only those voters who:

  1. have submitted a voting right certificate;
  2. have been omitted from the electoral roll, provided that they can provide documentary evidence of their permanent residence in the polling district concerned, and if the municipal office confirms that they are included in the electoral register, provided that the municipal office has not been notified that they have lost the right to vote or have been entered into the electoral roll in another polling district;
  3. have been removed from the electoral roll for the polling district as a result of having been entered into the electoral roll for a hospital, welfare centre, prison or a pre-trial detention centre, if they provide documentary evidence that they left the facility before the election day;
  4. intend to vote in the polling district established in a health care facility, welfare centre, prison or a pre-trial detention centre, and arrived at this unit before the election day.

Elections to municipal councils and of municipality, town and city mayors 

Right to vote (right to elect) and right to stand as a candidate (right to stand for election)

  • The right to vote, i.e. participate in (right to elect) in the elections to the municipal council and to elect the mayor of the municipality (town, city), can be exercised by a citizen of the European Union who is not a Polish national, included in the electoral register, who:
  1. reaches the age of 18 on the day of voting at the latest;
  2. permanently resides within the municipality;
  3. has not been deprived of their public rights by a final court decision;
  4. has not been legally incapacitated by a final court decision (Article 10(1)(3a) and (4) and Article 10(2) of the Electoral Code).

European Union citizens who are not nationals of Poland do not have the right to vote in elections to the district council or the regional assembly.

  • The right to stand as a candidate, i.e. to stand for election in elections to the municipal council, may be exercised by a citizen of the European Union who is not a Polish national and has the right to vote in elections to the municipal council.

The following are not entitled to exercise the right to stand for election:

  1. a person who has been finally sentenced to imprisonment for an intentional criminal offence prosecuted on indictment or an intentional tax offence;
  2. a person who has been deprived of their election right in a Member State of the European Union of which they are a national (Article 11(1)(5), Article 11(2)(1), Article 11(3) of the Electoral Code).

European Union citizens who are not Polish citizens do not have the right to stand as candidates in elections to the district council or the regional assembly as well as to be elected as the mayor of the municipality (town, city).

Conditions for participation in voting

Voting in elections to municipal councils and in elections of municipality, town and city mayors may only be held on the territory of Poland.

Voters cast their votes in the polling district for the area where they permanently reside, expect for those staying at hospitals, welfare centres, prisons and pre-trial detention centres.

Voting right certificates are not issued for those voting outside their place of permanent residence.

Voting at place of permanent residence

A voter who has been entered into the electoral register will be included ex officio on the electoral roll of the municipality in which they are included in the electoral register, which is kept for the polling district in which they reside.

Voting outside the place of permanent residence

Voters who have been included in the electoral register and will be staying on the election day at the hospitals, welfare centres, prisons and pre-trial detention centres located within the municipality in which they are included in the electoral register – will be included on electoral rolls for the polling districts established in these units, and will be able to vote in these districts.

Adding voters to electoral rolls on the voting day

On the election day, electoral commissions for polling districts will add to the electoral roll only those voters who:

  1. have been omitted from the electoral roll, provided that they can provide documentary evidence of their permanent residence in the polling district concerned, and if the municipal office confirms that they are included in the electoral register, provided that the municipal office has not been notified that they have lost the right to vote or have been entered into the electoral roll in another polling district;
  2. have been removed from the electoral roll for the polling district as a result of having been entered into the electoral roll for a hospital, welfare centre, prison or a pre-trial detention centre, if they provide documentary evidence that they left the facility before the election day;
  3. intend to vote in the polling district established in a health care facility, welfare centre, prison or a pre-trial detention centre, and arrived at this unit before the election day, provided that the unit is located within the municipality for the area where the voter resides.

Information on the rights of voters with disabilities 

Right to be informed about elections

A disabled voter included in the electoral register in the municipality is entitled to receive information on:

  1. election dates and voting hours;
  2. the electoral constituency and polling district for the area where they live;
  3. polling stations of the electoral commissions which are adapted to the needs of disabled people and closest to their place of residence;
  4. conditions for adding a disabled voter to the electoral roll in a polling district of their choice within the municipality for the area where they permanently reside;
  5. electoral committees participating in elections as well as on registered candidates and lists of candidates;
  6. voting conditions and procedures.

This information is provided to a disabled voter, upon their request, by the mayor of the municipality (town, city) by phone or in printed information materials, including electronically. The request submitted by the voter must include their surname, name(s) and permanent address.

The above information is also available in the Public Information Bulletin of the municipality and made available to the public as is customary in the municipality.

Right to vote by post

The following voters are entitled to postal voting:

  1. having a certificate of severe or moderate disability within the meaning of the Act of 27 August 1997 on occupational and social rehabilitation and employment of disabled persons (Journal of Laws (Dziennik Ustaw) 2018, item 511, as amended);
  2. subject to mandatory quarantine, self-isolation at home or elsewhere, as referred to in the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans (Journal of Laws 2019, item 1239, as amended);
  3. who reach the age of 60 on the day of voting at the latest.

Postal voting is only allowed in the country of the voter.

An obligation to notify the election commissioner of an intention to vote by post applies to:

  1. voters with disabilities and voters who reach the age of 60 on the voting day at the latest

– no later than 13 days before the election day;

  1. voters who – on the date of voting – are subject to mandatory quarantine, self-isolation at home or elsewhere – no later than 5 days before the election date.

If there is a need to vote again (2nd voting round) in the elections of the mayor of a municipality (town, city), and the voter did not declare their intention to vote by post before the first vote (1st voting round), an obligation to notify the election commissioner of an intention to vote by post applies to:

  1. voters with disabilities and those who reach the age of 60 on the voting day at the latest

– no later than 10 days before the day of second voting;

  1. voters who – on the day of voting – are subject to mandatory quarantine, self-isolation at home or elsewhere – no later than 5 days before the day of second voting.

The notification may be made orally, i.e. in person, in writing, by fax or in electronic form. It must contain the voter’s name and first name(s), father's name, date of birth, Personal ID number (PESEL), statement that the voter has been included in the electoral register of the municipality, designation of the elections to which the notification relates, as well as the address to which the election package is to be sent. Only voters who – on the date of voting – are subject to mandatory quarantine, self-isolation at home or elsewhere may notify the election commissioner by phone.

In the case of voters with a certificate of severe or moderate disability, a copy of the current decision by a competent deciding authority regarding the degree of disability must be attached to the notification.

In their notification, the voter may request that a Braille overlay for the ballot paper be sent to them together with the election package.

A voter voting by post will be included in the electoral roll of the polling district for the area where they permanently reside.

A disabled voter and a voter who reaches the age of 60 on the election date at the latest, no later than 6 days before the election day, will receive an election package from the municipal office, delivered personally to the voter upon presentation of an identity document, along with a written acknowledgement of receipt.

If the voter is unable to confirm the receipt, the delivery person will state the date of delivery themselves and identify the recipient and the reason why the voter has not put their signature thereto.

If the voter is not present at the stated address, the delivery person will put a notice about the date of re-delivery in the letterbox, or, when this is not possible, on the apartment door. The re-delivery period may not be longer than one day from the date of the first delivery.

A voter who – on the date of voting – is subject to mandatory quarantine, self-isolation at home or elsewhere – will receive an election package no later than 2 days before the election day.

The election package delivered to the voter will include: return envelope, ballot paper, envelope for the ballot paper, a statement of personal and secret voting via a ballot paper, postal voting instructions and possibly a Braille overlay for the ballot paper – if the voter has requested it to be sent.

The voter must complete the ballot paper as specified at the bottom of the ballot paper.

The completed ballot paper must be placed in an envelope with the inscription ‘Envelope for the ballot paper’, which is then sealed. Unsealed envelopes for ballot papers will not be taken into account when determining the number of votes cast.

The sealed envelope for the ballot paper must be put in a return envelope addressed to the electoral commission for the polling district.

The next step is to complete a statement of personal and secret voting by including:

  1. the place and date of drafting the statement,
  2. voter’s own signature.

The statement is placed in a return envelope (addressed to the district electoral commission). If a statement is not put in a return envelope or left unsigned, the ballot paper with such a statement will not be taken into account when determining the number of votes cast.

A return envelope containing:

  1. a sealed envelope with ballot papers; and
  2. a signed statement of personal and secret voting

must be sealed and – for:

  1. disabled voters and those who reach the age of 60 on the day of voting at the latest:
  1. sent to the competent district electoral commission, or
  2. handed over to a member of the Polish Postal Service (Poczta Polska) staff, or
  3. during the voting hours, personally deliver the return envelope to the district electoral commission in the polling district in which the voter is included on the electoral roll;
  1. voters who – on the date of voting – are subject to mandatory quarantine or self-isolation at home – handed over to a member of the Polish Postal Service staff.

The right to vote by post may not be exercised by voters who are included on the electoral rolls in the polling districts established in health centres, welfare centres, prisons, pre-trial detention centres and student dormitories, as well as by voters who have delegated their voting right to another person.

Right to vote by proxy

The disabled voters referred to in Section 2 on postal voting as well as voters who reach the age of 60 on the day of voting at the latest have the right to vote by proxy. Voting by proxy is only allowed in the country of the voter.

The proxy may be a person included in the electoral register of the same municipality as the person delegating their right to vote, or a person holding a voting certificate.

The proxy cannot be:

  1. a member of the district commission for the polling district of the person delegating their voting right;
  2. person of trust;
  3. election observer;
  4. candidate in elections.

The proxy voting authority may be received from:

  1. one person only, or
  2. two persons, if at least one of them is an ascendant (father, mother, grandfather, grandmother, etc.), descendant (son, daughter, grandson, granddaughter, etc.), spouse, brother, sister or a person who is related by adoption, guardianship or custody to the proxy.

The right to vote by proxy is granted in the presence of the mayor of the municipality (town, city) or another member of the municipality office staff authorised by the mayor of the municipality (town, city) to draft proxy voting documents.

The relevant application must be submitted to the mayor of the municipality (town, city) in which the voter is included on the electoral register.

The application must be submitted no later than 9 days before the election day.

For elections of the mayor of the municipality (town, city), the notification obligation regarding proxy voting before the first vote (1st round) also applies to the second vote (2nd round), if applicable.

On the other hand, a voter who did not notify their intention to vote by proxy before the first vote and would like to vote by proxy in the second vote must submit a relevant application no later than 9 days before the date of the second vote.

The application must be accompanied by the following documents:

  1. a written consent of the person who is to be given proxy voting authority to have such authority granted to them – a model consent form has been provided by the Minister for Internal Affairs and Administration;
  2. a copy of the current decision by a competent deciding authority regarding the degree of disability, if the voter delegating their voting power on the voting day is under the age of 60;
  3. a copy of the voting right certificate issued to the person who is to be given proxy voting authority – if that person is not included in the electoral register in the same municipality as the person delegating their voting right (applies only to elections to the European Parliament).

As a rule, a proxy voting document is drawn up at the voter's place of residence, unless the voter requests that it is drafted elsewhere within the municipality.

The voter has the right to withdraw the proxy authority they have granted. The proxy voting authority may be withdrawn by:

  1. submitting an appropriate declaration to the mayor of the municipality (town city) in which the proxy document was drawn up no later than 2 days before the election day, or
  2. delivering such declaration to the competent district electoral commission on the voting day.

A voter who granted proxy voting authority may vote in person at the polling station, provided that their proxy has not already cast a vote on their behalf. If a voter elects to vote in person, the proxy voting authority they have granted will expire.

Voting by proxy is not allowed in the polling districts established in health centres, welfare centres, prisons, pre-trial detention centres and student dormitories.

Proxy voting authority may not be granted by a person who declared their intention to vote by post.

Voting at a preferred polling station of the district electoral commission, including that adapted to the needs of the disabled

Each voter, including a disabled voter, may vote in person at a polling station in the polling district for the area where they reside. They may also vote at a polling station of their choice, including at the station adapted to the needs of the disabled. To do this, they must apply for inclusion on the electoral roll in a polling district of their choice.

The application must be submitted to the municipal office for the selected polling district no later than 5 days before the election day.

After submitting the above-mentioned application, the voter will be removed from the electoral roll in the polling district for the area where they permanently reside.

Information on stations of district electoral commissions which are adapted to the needs of disabled people is available in the Public Information Bulletin for the municipality and in an announcement by the mayor of the municipality (town, city) regarding polling district numbers and boundaries, no later than 30 days before the election day.

Voting at a polling station using a Braille overlay for the ballot paper.

At the polling station, a disabled voter may also vote using a Braille overlay for the ballot paper.

On the election day, the district electoral commission will issue a disabled voter, at their request, with a Braille overlay for the ballot paper. After voting, the voter must return the overlay to the district electoral commission.

Assistance of another person during voting at a polling station

A disabled voter, at their request, may be assisted in voting at a polling station by another person, including a minor. This assistance may only be limited to technical support; the assistant may not suggest how to vote nor vote in place of the disabled person. It is acceptable for the assistant to stay in a room behind the curtain, if the disabled person so requests. The person providing such assistance cannot be a member of the commission, a person of trust or an election observer.

However, the commission must, at the request of a disabled person, read out to them any relevant election notices regarding electoral committees participating in the elections, registered candidates and lists of candidates.

 

Information prepared by Natonal Voting Office

e-mail: biuro@kbw.gov.pl

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