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Poland - Electoral Law
(Election to the European Parliament : 13 June 2004)

1. LEGAL BASIS
Electoral Law to the European Parliament of January 23, 2004.
2. ELECTORAL SYSTEM
Proportional representation.
Allocation of seats: votes are first counted in the whole country using the d'Hondt's method, determining lists with more than 5% support . Then mandates are attributed to single constituencies. Then, using the Hare Niemeyer's method (which takes into consideration the turnout), mandates are distributed to winning lists.

Constituencies:

CONSTITUENCY
GEOGRAPHICAL DIVISION
Constituency 1
Pomorskie Voivodship
Constituency 2
Kujawsko -pomorskie Voivodship
Constituency 3
Podlaskie and Warminsko- Mazurskie Voivodship
Constituency 4
City of Warsaw and part of the Mazowieckie Voivodship (powiats: grodziski, legionowski, nowodworski, otwocki, piaseczynski, pruszkowski, warszawski zachodni i wolominski)
Constituency 5
The remaining part of the Mazowieckie Voivodship (powiats: ciechanowski, gostyninski, mlawski, plocki, plonski, przasnyski, sierpacki, sochaczewski, zurominski, zyrardowski, bialobrzeski, grójecki, kozienicki, lipski, przysuski, radomski, szydlowiecki, zwolenski, garwolinski, losicki, makowski, minski, ostrolecki, ostrowski, pultuski, siedlecki, sokolowski, wegrowski, wyszkowski and the cities of Plock, Radom, Ostroleka and Siedlce)
Constituency 6
Lódzkie Voivodship
Constituency 7
Wielkopolskie Voivodship
Constituency 8
Lubelskie Voivodship
Constituency 9
Podkarpackie Voivodship
Constituency 10
Malopolskie and Swietokrzyskie Voivodship
Constituency 11
Slaskie Voivodship
Constituency 12
Dolnoslaskie and Opolskie Voivodship
Constituency 13
Lubuskie and Zachodniopomorskie Voivodship
3. REGISTRATION OF CANDIDATES
Deadline for registration: lists of candidates have to be submitted to the National Election Commission for each of the constituencies before midnight of the 40th day (04 May 2004) before the elections.
Deposit: No Deposit.

Conditions:

  • each electoral committee* is allowed to register one list in each of the 13 constituencies (lista okregowa),
  • a list (in each constituency) has to contain from 5 up to 10 names,
  • each list has to be supported by at least 10 000 signatures of electors inhabiting the given constituency. If the electoral committee registers its lists in more than half of the constituencies, it is permitted to register further lists in remaining
  • constituencies without obligation of collecting 10 000 signatures,
  • an elector can give its support/signature to more than one list,
  • candidate’s name can be placed on one list only and registered in one constituency only.

* electoral committee - administrative and functional body of political party, coalition of political parties or civic groups, established for the time of elections.

Incompatibilities: The European Parliament mandate cannot be combined with the SEJM or SENAT mandate, membership in the Council of Ministers (the Government), position of a Secretary of State + same regulations as governing the elections to national Parliament provided in the Constitution for the Republic of Poland + EU law.
4. POLLING DAY : 13 JUNE 2004
Other elections on the same day: No other elections on the same day.
Polling hours : from 8:00 - 22:00, except for abroad and on Polish ships where the election commission are open 8:00 - 20:00 local time.
The count begins: as soon as the pooling stations close, the election commissions in each of the election sectors (obwody) will compare the number of inhabitants eligible to vote and the number of voters, count the remaining election cards and secures them. Once it is all done, the president of each of the election commissions opens the polling case and the counting starts.
Final results: announced by the National Elections Board in the Official Journal.
5. VOTING / STANDING FOR ELECTION
Right to vote: minimum age limit of 18 years + Polish citizenship or EU citizenship in case of permanent stay in Poland and if registered in the Voter Register.
Voting is not compulsory.
No voting by post.
Right to stand for election: minimum age limit of 21 years + no public accusation for a crime committed deliberately + Polish or EU citizenship (permanent stay in Poland or any other EU member state for at least 5 years).
6. ELECTION CAMPAIGN

Funding:

  • financing of the campaign is transparent,
  • funds of the electoral committees for the political party can only come from the party's Election Fund,
  • electoral committees can receive funds only from individuals,
  • electoral committee cannot receive money from abroad,
  • electoral committees are not allowed to collect money in public actions,
  • funds of the electoral committee can only be collected on the bank account,
  • electoral committees can only spend 30 groszy (app. 0,0625 EUR *) per voter registered in the Voters Register,
  • electoral committees of parties and citizens are authorised to receive a donation from the state's budget for each of the mandates gained in the elections: donation = (W/L) * x M **

* The NBP average rate as for 04.02.2004, 1 PLN= 4.81EUR

** W=PLN per voter who took part in the elections (Poland-wide), L=Number of seats to the EP, M=mandates gained by the given election committee

Official campaign starting date: starts with the publication of Presidential Decision on the election day (produced not later than 90 days before elections day) and ends 24 hours before the elections day.

Media access: the election committees have right to presents views and programs in Polish Public Television and Radio: Poland-wide channels will be accessible for the election committees registered in at least 9 constituencies and regional channels for the election committees registered in at least 1 constituency.

Total time of elections programs:

  • 15 hours in the TVP (Polish public Television) between 17:00 and 23:00,
  • 20 hours in the Polish Public Radio,
  • 10 hours in each of the regional programs,
  • 20 hours in each of the regional radios,
  • divided equally in the Polish TV and Radio between the election committees and proportionally in the regional TV and radios.
Opinion polls: during the time between end of the election campaign and closing of the polling stations, it is restricted to announce publicly any pre-election opinion polls considering electors' voting preferences or expected outcome of the elections to the European Parliament.