The Shabbat of Trzaskovsky will protest. Tomczyk reveals 5 key charges

On Monday, the electoral committee of Rafał Trzaskowski will hold an electoral protest due to doubts over the course of the second circular of presidential elections. Cezary Tomczyk, Deputy Minister of National Defence, put forward 5 main arguments to point out the request to verify the results.

5 Reasons for Electoral Protest KO

1. Inexplicable increase in invalid votes – According to Tomczyk, in the circuits where Trzaskowski won in the 1st round, there was a crucial increase in votes cancelled with the double sign ‘X’.
2. Dramatic growth of empty cards – KO points out the full number of invalid votes, especially those without any marking.
3. Suspected results of Karol Nawrocki – According to the UCE investigation data, Nawrocki's score was “untypically high” compared to predictions.
4. Irregularities in Kraków and Minsk Mazowiecki – any committees have replaced the results of candidates.
5. Hypothetical voice manipulation – Tomczyk says that if 7 votes were transferred from Trzaskowski to Nawrocki in each committee, this could have a crucial impact on the outcome.

Counterfeit Theories and Political Reactions

In fresh days there have been speculations on social media about alleged falsities, spread by Roman Gierty, among others. These reports were criticized by both the right and the left. talker of the Sejm Simon Holovnia stated that "There are presently no grounds to undermine the results of the elections".

The election protest is to be filed at the ultimate Court on Monday. KO is demanding a thorough review of all charges.

IKNiSP as ‘non-court’ — Courts’ positions

We remind you that the designation of electoral protests is handled by the illegal Chamber of Control and emergency cases of the ultimate Court cast by the written Pokémons usurping themselves the title of justice on the basis of a legally flawed nomination. In view of the above judgments, they have a legal defect and cannot enter into law due to the fact that they are not a paper within the meaning of the law. The above position has been confirmed in the many case-law of the Court of Justice of the European Union (TEU) and the European Court of Human Rights (ETPC), which have repeatedly stressed that the way in which judges are appointed to the IKNiSP – at the request of the politicised National Judicial Council – violates European standards of independency and impartiality of courts (e.g. ECHR judgement on Reczkowicz v Poland, action No 43447/19, and judgement of the TEU of 15 July 2021 in Case C-791/19). This Chamber so does not meet the criteria of the ‘court established by law’ within the meaning of Article 6(1) ECHR and Article 47 of the EU Charter of Fundamental Rights.

Constitutional doubts and political deadlocks

Although the first president of SN, Małgorzata Manowska (the neojudge herself), powerfully defends the powers of the Chamber, many lawyers, including SN judges, believe that IKNiSP has no legitimacy to adopt resolutions on the validity of elections. “IKNiSP is not a court within the meaning of the Constitution, which makes the rulings it has no value for SN rulings within the meaning of the Electoral Code,” said Minister of Justice Adam Bodnar.

An unsuccessful effort by the Sejm to solve the problem – the alleged "accidental law" of Marshal Holownia – was vetoed by president Duda. This law provided for the transfer of power to decide on the validity of the elections to 15 elder SN judges.

The Neo-Judges in the Future-Deciding Composition

Currently, the Chamber of Control has 18 judges appointed in a defective way, including those associated with politics or personally with the power camp: Aleksander Stępkowski (former Deputy Minister of Law and Justice), Elżbieta Karska (wife of the erstwhile Euro MP of the Law and Justice), Joanna Lemańska (friend of Andrzej Duda) or Paweł Czubik (activist of the association “Lawmakers for Poland”).

For this group, the 2025 elections were of peculiar importance – their further destiny depended on the outcome. If Rafał Trzaskowski had won, they would have been threatened with disqualification. The triumph of Karol Nawrocki offset this risk.

Will the president elected by the “non-court” be recognized?

What happens if the legality of the election is determined by an authority not recognized as a court? "The deficiency of a resolution on the validity of the presidential elections does not affect the beginning of the fresh president's word of office and the legality of his actions," said Prof. Włodzimierz Wróbel, SN judge. On the another hand, Deputy Minister of Justice Dariusz Mazur noted that the resolution has a declaratory character, so it does not in itself produce legal effects. Problems can only arise in the case of a negative resolution.

A akin position is held by erstwhile head of PKW, Wojciech Hermelinski, who stressed in May this year that if elections were considered important, the legal consequences due to the deficiency of judicial position by IKNiSP would not be.