Normative model for the verification of municipal elections’ validity – analysis based on the jurisprudence
The democratic electoral process implies the existence of mechanisms that verify the elections’ validity. In Poland, competence in this area has been entrusted to the courts. The assessment of the elections’ validity is based on the rules deriving from the binding provisions of law. The purpose of this article is to discuss the claim that the model for verifying the validity of local elections, which is shaped by the normative regulations and the jurisprudence, is characterised by a significant, perhaps excessive, degree of restrictiveness. The rigorous provisions determine the course of interpretation thereof. In practice, it means that the presumption of elections’ validity is enhanced. This analysis of the provisions of law and selected court judgments will allow for the formulation of final conclusions regarding the current model for verification of the municipal elections’ validity.