Voting by a proxy in the municipal elections – the rules and manner of granting the proxy and the legal nature thereof

The aim of the article is to analyse and to evaluate the Election Code provisions in the aspect of implementing the recommendations of the Council of Europe formulated in the Code of good practices of electoral matters and to attempt to determine the legal nature of the power of attorney for voting institution. The possibility to vote in the elections by a proxy is an exception from the principle of voting in person. For a particular group of voters it is often the only possibility to participate in the elections. Proxy voting implements the principle of universal suffrage; simultaneously, however, it poses a threat to the correctness of the election process. For this reason, in accordance with the recommendations of the Council of Europe, the admissibility of a proxy voting must be subject to precise legal regulation. It is important that this institution should never become an instrument for influencing the election result easily. In the event of the local government elections, it is particularly important as single votes may decide on its result.

Alternative voting procedures in Polish and Lithuanian election law

Organizing voting in general elections only in the traditional way (i.e., at the ballot boxes) may make it difficult for more and more voters to participate. This is due to the increasing mobility of society and the fact that citizens are away from home on election day, the aging population and much more difficult access of the old and the sick to polling stations, and – as shown in the years 2020–2021 – unexpected epidemic crises that affect public health, which in turn translates into the election process. This article focuses on alternative voting methods in Poland and Lithuania. The main intention of the authors is to analyze the legal basis and compare the functioning of alternative voting procedures in the electoral systems of both countries, as well as to answer the question about the possibility of introducing new forms of voting that could increase the health safety of voters and ensure the democratic nature of elections in emergency situations. The motivation to take up this topic were: the wprowapresidential elections in Poland in 2020 and the parliamentary elections in Lithuania in 2021, during which not only alternative voting methods were used (e.g., correspondence voting), but also the possibility of implementing completely new solutions – safe in the event of spreading coronavirus pandemic.