The National Electoral Commission (PKW) is set to meet on Monday, even before Karol Nawrocki is sworn in before the National Assembly on Wednesday – Niezalezna.pl has learned. The meeting was originally scheduled for after the summer break, in September.
Why did members of the PKW change their plans? The decision to hold an additional Monday session was made in the past few hours, according to Niezalezna.pl sources.
Confusion after Żurek’s statement
It happened just after the Minister of Justice and Prosecutor General Waldemar Żurek announced that he had asked the Minister of the Interior and Administration to consider dismissing 44 judges serving as electoral commissioners. He also reported that he had sent the PKW a report prepared by the prosecution on the recount of votes.
Żurek’s announcement regarding the dismissal of commissioners caused confusion among most members of the PKW and the body’s experts, Niezalezna.pl has learned. That’s because the dismissal and appointment of commissioners is the sole responsibility of the PKW, and only under strictly defined conditions.
According to Żurek, these judges belong to the group that, in his opinion, “by entangling themselves in procedures contrary to our constitution, do not guarantee the proper performance of the functions they hold.”
What specific accusation did he make against the commissioners? None. The procedure for removing commissioners is clearly described by law.
As outlined in subsequent sections of Article 166 of the Electoral Code:
• An electoral commissioner may not be a member of a political party or engage in public activity incompatible with their function. A person convicted by a final judgment of an intentional crime prosecuted by public indictment or an intentional fiscal offense may not serve as an electoral commissioner;
• The following cannot serve as electoral commissioners: election candidates, election agents, financial agents, election observers (mężowie zaufania), election officials, or members of electoral commissions;
• The term of an electoral commissioner ends in the event of resignation, death, reaching the age of 70, consenting to nomination to an electoral commission, candidacy in an election, or assuming the role of election agent, financial agent, observer, or election official, or in case of dismissal;
• The National Electoral Commission (PKW) may dismiss an electoral commissioner before the end of their term if they fail to perform or improperly perform their duties;
• Commissioners are appointed by the PKW at the request of the minister responsible for internal affairs for a term of 5 years.
What is the prosecution aiming for?
According to Niezalezna.pl, the PKW is also puzzled by the letter containing the prosecution’s report on the vote recount.
As reported on Thursday, several prosecutor’s offices conducted a recount of the votes they had previously tallied during the presidential election. This came in response to “errors” in at least several commissions that disadvantaged Karol Nawrocki – mistakes made by the prosecutors themselves. The report from the National Prosecutor’s Office (PK) is based on partially inaccurate data.
Last Friday, the spokesperson for the PK released a statement regarding the inspection of votes from 250 local electoral commissions. It indicated that Karol Nawrocki should have received just… 1,538 fewer votes, while Rafał Trzaskowski should have received… 1,541 more. During a press conference, Prosecutor Przemysław Nowak admitted that “the math shows that this difference would not have changed the outcome of the election.”
According to the PK, the most serious irregularities discovered included reversed allocation of votes between the two candidates – votes cast for Trzaskowski were attributed to Nawrocki or vice versa – confirmed in 16 commissions.
In total, incorrect attribution of at least some votes cast for Trzaskowski to Nawrocki was found in 42 commissions. Conversely, in 34 commissions, some of Nawrocki’s votes were mistakenly assigned to Trzaskowski.
The prosecutor emphasized that the appointed team continues its work toward preparing a final report. It will be completed once the ongoing investigations into potential irregularities in electoral commissions conclude – currently, 17 such investigations are underway.
The PK published its preliminary report based on protocols submitted by regional prosecutors. In several cases, the votes were miscounted and the incorrect data was forwarded upward – Niezalezna.pl has learned. Prosecutors are now re-checking whether the calculations were made correctly.