Rola komisarza wyborczego w procedurze podziału gmin na okręgi wyborcze w wyborach do rad gmin w świetle Kodeksu wyborczego
- Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- Year of publication: 2018
- Source: Show
- Pages: 121-143
- DOI Address: https://doi.org/10.15804/ppk.2018.04.08
- PDF: ppk/44/ppk4408.pdf
The role of electoral commissioner in the process of dividing municipalities into electoral districts for municipality council elections according to Electoral Code
The Electoral Code of 2011 made a significant change in the existing rules for the conduct of elections of councilors to municipal councils introducing the principle that these elections in most municipalities in Poland will be held in single-member districts. This has caused the need for a new division of the municipalities into electoral districts, according the rules described in Electoral Code and in the guidelines of National Electoral Commission. The electoral commissioners are important in this process, because their task is to oversee the obey the electoral law by the local authorities. Their powers include i.e. the right to resolve complaints about municipal council resolution concerning the division of the municipality into electoral districts and the right to replace the municipal resolution by their own resolution if the local authority failed to perform its obligations on time or in a manner consistent with the law. The granting of these competencies to the electoral commissioners raises serious doubts as to whether the provisions of Electoral Code are not inconsistent with the Constitution of the Republic of Poland, and does not violate the supervisory powers of voivodes. The goal of this paper is to show the role of electoral commissioner in the process of dividing municipalities into electoral districts for municipality council elections according to Electoral Code, especially according to the line of the Constitutional Court expressed in the justification of the sentence in the case P 5/14.
electoral districts (constituencies) electoral commissioner komisarz wyborczy okręgi wyborcze local elections wybory samorządowe kodeks wyborczy electoral code