Changes to the electoral code. Smaller circuits and a fresh way to appoint Commissioners

Key changes

General

The task amends the Law of 5.1.2011. – Electoral Code (Journal of Laws of 2025 item 365; hereinafter: CodeWyb) and the Local referendum Act of 15.9.2000 (Journal of Laws of 2025 item 472; hereinafter: ReferLokU). In line with the rationale, the proposed solutions are designed to professionalise electoral administration and to improve the organisation and establishment of election results.

The task covers both organisational changes and solutions straight affecting voters. Part of the regulation is simply a return to the rules in force before the 2018 amendment of the Code of Elections, while the others mention to the problems identified by the State Election Commission.

Permanent voting circuits

In accordance with the proposed Article 12(3) of the Code, the permanent voting circuit is to cover between 200 and 3000 inhabitants. Currently, the advanced limit is 4,000 inhabitants. The proposed Article 12 § 3a of the CodeWyb leaves the anticipation of creating a circuit of little than 200 or more inhabitants if local conditions so justify. However, in no case will the circuit be able to number more than 4000 inhabitants.

The change is to be linked to the number of regional electoral commissions. The proposed Article 182(1a) CodexWyb provides for a composition of 7 to 13 people, depending on the number of inhabitants of the circuit. The maximum thirteen people are to be appointed in circuits of over 2500 inhabitants.

The proposed Article 182(2) of CodeWyb besides limits the anticipation of submitting candidates to the committee. The electoral typical will be able to study a candidate only in the area where the committee registered the list of candidates or candidate in the election data.

Commissioners and electoral committees

Under the proposed Article 166(3) Code, electoral commissioners are to be appointed by the State Commission Election among judges, from 2 to 6 in each voivodship, for a period of 5 years. The candidates shall be notified by the president of the competent appeal court after consulting the college of that court. Pursuant to the proposed Article 166 § 4a of the Code, the Commissioner will besides be able to become a retired justice who is under 70.

The proposed Article 170(1) of the CodeWyb provides that the constituency electoral commission is to consist of 4 to 10 lawyers, legal advisers or notaries and an election commissioner as its chairman. In peculiarly justified cases, in accordance with Article 177(2) of the Code, more than 10 persons may be included in the committee, but not more than 16. The corresponding professional requirements for regional electoral commissions arise from the proposed Article 174(1) of the Code.

The word of office of Commissioners appointed under the current rules is to expire on 4.4.2028. The fresh Commissioners will begin their word of office on 5.4.2028. In the same period, the PCW is to adapt their territorial jurisdiction to the fresh rules.

Voting abroad

The proposed Article 35 § 5 CodeWyb allows voters to usage an crucial Polish identity card alternatively of a valid Polish passport erstwhile performing voting activities abroad. In turn, according to the proposed Article 52 § 3 CodeUh, voters abroad will receive a ballot card after presenting a valid Polish passport or valid Polish ID card.

In order to verify the data, the consul is to obtain, on the basis of the proposed Article 35 §2b CodeWyb, access to the registry of individual Evidence. The solution is to apply independently of the country in which the voting circuit is established.

The draft besides changes the composition of committees established abroad. Pursuant to the proposed Article 183(2) of the Code, specified a commission will include 4 to 16 persons notified by the electoral committees and 1 individual designated by the consul.

Number of Members elected in districts

The proposed Article 202(2) of the CodeWyb provides that Annex 1 to the Code will specify the boundaries and numbers of the constituencies and the seat of the constituencies of the electoral commissions, but not the number of Members elected therein.

Pursuant to the proposed Article 202 §2a of the Code, the number of Members elected in each territory shall be published annually by means of a announcement published in the authoritative diary until 31 December of the year preceding the year for which the number of mandates has been fixed. If the PKW fails to fulfil this obligation, in accordance with Article 202(2b) of the Code, the number of mandates shall be determined by the ultimate Administrative Court by a resolution adopted in the composition of 7 judges.

Time limits and diet of husbands of trust

The draft Articles 230(2), 272(2), 314(2) and 353(2) of the CodeExecutively extend the time limit from 24 to 48 hours for the competent committee to get the results of the circuit voting. In justified cases, PKW will be able to extend this deadline to 72 hours.

The draft besides repeals Article 103aa of CodexWyb, which provides the basis for paying off the diet to men of trust. The amendment to the ReferenceLokU is adaptable and consists in removing the mention to the repealed provision.