Głosowanie przez pełnomocnika
PLENIPOTENTIARY IN ELECTORAL LAW (CRITICAL COMMENTS)

Summary/Abstract: This article concentrates on the proposal of introducing in the Polish electoral system the institution of the plenipotentiary to vote. Such proposal was made in the draft legislation introduced by the Legislative Commission of the Sejm on the 16th of March 2007. It was supposed as a benefit to people who may not be able to attend an election in person because of their age or ill health. This method of voting was supposed to be available to voters upon application, with some restrictions, in elections to the Sejm and Senate. Now, because of the dissolution of Parliament, works have been closed. The Author is critical about this idea. She supposes that this method of voting does not comply with the requirements of equal and direct election, stated in art. 96.2, art. 127.1 and art. 169.2 of Polish Constitution. In consequence, it could not be introduced in Polish law without changing the Constitution. Moreover, in the opinion of the Author, the collision which mentioned principles cannot be derogated without braking the other constitutional requirement: of secret ballot. As a consequence, such solution would annihilate the essence of the subjective right to vote and this is why the institution of the plenipotentiary to vote should not be introduced in Polish electoral law at all.

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