Prosecutors violated the law during the vote recount process. “I have received reports that investigators were requesting the release of ballots and election materials not from election officials, but from unauthorised local government representatives,” announced Sylwester Marciniak, Chairman of the National Electoral Commission (PKW), during Monday’s meeting.
Marciniak stated that on July 2, he sent a letter to the chairs of the District Electoral Commissions and also notified the delegations of the National Electoral Office, requesting information on any signs of prosecutorial actions related to potential irregularities in the conduct of the commissions during the vote count.
He emphasised that he had asked all election officials to report any notifications from the prosecution regarding access to election materials to the appropriate delegation of the National Electoral Office.
„What happened? Amidst the issue of vote recounts initiated by the prosecution, situations have arisen where chairs and members of district and precinct electoral commissions, as well as mayors and city presidents, could face criminal liability. There was a disturbingly poor understanding of the Electoral Code among law enforcement, police, and prosecutors. After the team’s formation was ordered nationwide, there were incidents where prosecutors and police officers approached mayors and commune heads to hand over election documentation,”
said Marciniak.
Prosecutorial Error and Intervention
Marciniak revealed he possesses numerous examples of prosecutorial orders sent to mayors and commune heads demanding the release of election materials. He intervened by asking that district commissions not send out documents, but instead indicate where the documents are held and identify the appropriate election official.
He highlighted that, under the Electoral Code, documents containing ballots can be made available upon request by a court, the prosecution, or the police conducting criminal proceedings, but only through the appropriate election official.
“The only person authorised to release election documentation is the election official. Letters were sent (…). Let me put it delicately: the content of these orders varies widely. There are serious doubts regarding their correctness. It was done somewhat haphazardly. From conversations with electoral commissioners and delegation directors, after the intervention and clarification of the penal code provisions, the matter was somewhat rectified,”
Marciniak explained.
The PKW Chairman also commented on a letter from Minister of Justice Waldemar Żurek dated July 30 regarding the prosecution’s vote recount efforts. He stated that the letter “adds nothing new” and noted that none of the investigations have been resolved. In many cases, as reported by the media, prosecutors may have conducted incorrect recounts.
“There will have to be new recounts of already recounted votes. We’re still far from concluding that the results are invalid. I’m waiting for final court judgments confirming the outcomes established by the law enforcement authorities,”
he stated.
Article 79 of the Electoral Code regulates the deposit of voting documents.
According to the article:
After preparing the vote-counting protocol, the precinct electoral commission separately places valid, invalid, and unused ballots into collective packaging. After careful sealing, the packaging is stamped with the commission's seal in such a way that it cannot be opened without breaking the seal.
The chair of the precinct electoral commission must immediately, in a manner determined by the National Electoral Commission, deposit with the appropriate election official the voting documents, the collective packaging containing the ballots, and the commission's seal. The proper storage and safeguarding of the voting documents, the collective packaging, and the seal are ensured by the designated election official, as determined by the National Electoral Commission.
These documents and collective packaging may only be made available to the competent court in connection with electoral protest proceedings or upon request from the courts, prosecution, or police conducting criminal proceedings.