Important information on the rules and procedures for lodging protests with the Consuls of the Republic of Poland against the validity of the nationwide referendum scheduled for 15 October 2023 by voters staying abroad.
TIME LIMIT
Protests against the validity of the referendum shall be lodged within 7 days of the day on which the referendum results were announced by the National Electoral Commission (PKW). It is not possible to effectively lodge a protest before the referendum results are announceded.
HOW TO LODGE A PROTEST
- Voters who are staying abroad may lodge a protest with the territorially competent consul. Such voters must attach to their protest a notice of appointment of their representative resident in Poland or a representative for delivery resident in Poland. A protest sent to the consul by foreign post or courier must be received by the consular office before the expiry of the time limit for lodging a protest.
- Protest against the validity of the referendum can be lodged directly to the Supreme Court by foreign post or courier, however, such a protest, must be received by the Supreme Court before the expiry of the time limit for lodging a protest. Therefore, sending a protest by e.g. a courier does not guarantee that the time limit for lodging a protest will be met.
WHO CAN LODGE A PROTEST
The right to lodge a protest against the validity of the referendum is vested in a specific group of entities. These are: the persons entitled to participate in the referendum, the chairman of the district referendum commission and the entity entitled to participate in the referendum campaign or a person authorised by it. No other entity can lodge a protest. Complainants are not obliged to appoint a professional representative (advocate, attorney-at-law), they can lodge a protest in person.
FORMAL REQUIREMENTS
The protest against the validity of the referendum must be lodged in writing. Lodging of a protest in a form other than in writing, i.e. by fax, e-mail, or ePUAP, is not admissible.
A protest against the validity of the referendum, in order to be examined on its merits, MUST NOT CONTAIN FORMAL DEFECTS. The protest must meet the requirements provided for in the Act of 14 March 2003 on the nationwide referendum, the Electoral Code, as well as meet the general conditions of a pleading specified in Article 126 et seq. of the Code of Civil Procedure, i.e. it must include, in particular:
- identification of the entity lodging the protest with the address and PESEL number;
- designation of the representative with the indication of his/her address - if a representative was appointed (the document authorizing to represent the voter should be attached to the protest);
- request for a declaration of invalidity of the referendum/referendum in the particular district;
- allegations;
- presentation or indication of the evidence on which the allegations are based;
- reasons for the allegations;
- the handwritten signature of the person lodging the protest or his/her representative.
If a person entitled to participate in the referendum lodges a protest against the validity of the referendum on the grounds of a violation of the provisions of the Act on the nationwide referendum concerning voting or the determination of the results of the vote in the polling district or by the election commissioner - the protest must ADDITIONALLY include:
- an indication in which polling district or in the jurisdiction of which electoral commissioner the name of the person entitled to participate in the referendum was included in the register of persons entitled to participate in the referendum.