Protest wyborczy w wyborach parlamentarnych
Election Protests and Parliamentary Elections

Summary/Abstract: Election protest is one of the institutions enabling the review of validity of elections. It is associatedwith judicial verifi cation. The Constitution does not regulate electoral protests, delegating that taskto the legislature. Provisions governing election protests in parliamentary elections are dispersedacross the Electoral Code. The Code does not contain specifi c rules regarding the conduct of electionprotests in elections to the Senate, but is limited to a general referring clause in Article 258,which required application of the provisions governing the validity of elections to the Sejm. Theground of the protest are acts constituting election offense or tort. According to the jurisprudence ofthe Supreme Court examining the election protests concerning parliamentary elections, any violationof the provisions of the Electoral Code will not necessarily lead to the declaration of invalidityof the election, although any such violation may give rise to election protest. There must be a causallink between the breach of the Electoral Code and the defectiveness of the process of voting andestablishing the election results. In judicial practice of the Supreme Court only in a few cases, the allegationsraised in election protests are considered to affect the outcomes of elections.

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