Part II. Questions Concerning Individual Institutions 0f The Government of Our Voivodeship

Question 16: Who is responsible for ensuring proper functioning of democratic processes the subnational government of our Voivodeship?

16.1 The correctness of elections and democratic decision-making processes in our Voivodeship is guarded by the National Election Commission, which is independent of the government of our Voivodeship, governments of other voivodeships, but also from the national authorities.

16.2 The validity of elections our Voivodeship is decided by the Supreme Voivodeship Court.

16.3 The date of general commune, city and county elections shall be announced, on the basis and within the limits of the law, by the Voivode. On the other hand, the date of regional elections is announced by the President of the Supreme Voivodeship Court, after consultation with the Voivode.

16.4 The tasks of the National Election Commission related to ensuring the proper functioning of democratic processes in our voivodeship include:

16.4.a. holding general elections, electronic referenda and referenda in subnational government units of our Voivodeship;

16.4.b. running the internet portal demokracja.gov.pl and administering its functionalities enabling the legislative and executive authorities of our Voivodeship to make all decisions and conduct all votes by electronic means, including providing members of the government of our Voivodeship with a safe means of identification for the purpose of participating in voting and other decision-making processes provided for in this Charter and other acts of regional and local law, as well as registering in the system the appropriate weighting of votes of individual members of the authorities, on the basis of law regulations and data provided by the Central Statistical Office;

16.4.c. aadministering the functionalities of the demokracja.gov.pl portal enabling citizens to participate in the exercise of local government in accordance with the provisions of this Charter. 

16.5 The National Election Commission shall consist of the following members:

16.5.a. one judge of the Supreme Voivodeship Court of our Voivodeship elected by the General Assembly of that Court;

16.5.b. one judge each of the Supreme Voivodeship Courts of all other voivodeships elected by the General Assemblies of these Courts;

16.5.c. four judges of the [national] Supreme Court, designated by the First President of that Court, and four judges of the Supreme Administrative Court, designated by the President of that Court.

16.6 Members of the National Election Commission must, in addition to the conditions imposed on judges, be distinguished by their knowledge of legal computer science. Members of the National Election Commission shall be elected for a nine-year term, with a maximum of three members elected each year.

16.7 The National Election Commission shall appoint a Supervisory Team to supervise the elections and democratic decision-making process in our Voivodeship, composed of two members of the Commission who are judges of the Supreme Court or the Supreme Administrative Court (one of whom shall be the Chairperson of the Team), two members of the Commission who are judges of the Supreme Voivodeship Courts of Voivodeships which are not located in the immediate vicinity of our Voivodeship, and a member of the Commission who shall be a judge of the Supreme Voivodeship Court of our Voivodeship. The Supervisory Team may also include observers reported by the political groups of the Diet, but one political group may nominate only one observer.



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