Not Every Violation Will Invalidate Elections. Constitutionalist Explains Rules

As the second round of presidential elections approaches, there are increasingly frequent voices suggesting the possibility of irregularities or even invalidation of the vote. Comments, often emotional, are multiplying in the public sphere. Meanwhile, the law on this matter is clear, and its interpretation does not leave much room for discretion.

Dr. Artur Biłgorajski, a constitutionalist from the University of Silesia, talks about what can really decide whether an election is invalid.

- Generally , the procedure for election protests is a two-stage process . First, three-person Supreme Court judges decide on the validity of individual protests and issue an opinion, and then the entire relevant Supreme Court chamber passes a resolution, the verdict of which states that the elections are valid or invalid - explains Biłgorajski.

As he points out, not every violation of the regulations automatically means that the result will be questioned. The Electoral Code precisely defines what can be the basis for an effective protest .

- The Electoral Code very precisely lists what may be the substantive basis for an election protest. Namely, it may be the commission of one of the crimes against elections and referendums, which are specified in the provisions of the applicable law, but the commission of which could affect the election result - he explains.

He also emphasises that it is not only about the fact of violating the law, but also about its actual impact on the voting result.

- It may also be a violation of the provisions of the Electoral Code, which concern the manner of conducting elections and determining their results, but here again - as long as it could have had an impact on the result of the vote - he explains.

- There must be a causal link between the violation of either criminal law or electoral law and the outcome of the vote - he concludes.