Postal Voting and Voting by Proxy as an Alternative Voting Methods in the Light of the Electoral Code in Poland

Abstract

On 1 August 2011, the Electoral Code, a new act that comprehensively regulates electoral matters in the Republic of Poland, became effective. The article is devoted to the two new mechanisms incorporated in Polish electoral law: postal voting and voting by proxy. The author analyzes them as alternative voting methods in the light of the Electoral Code. Judgments of the Polish Constitutional Tribunal, the Code of Good Practises in Electoral Matters adopted by the Venice Commission and the doctrine of Polish constitutional law, are also taken into consideration. The article focuses on the procedural issues of postal voting and voting by proxy, as well on potential threats to the principle of personal voting and safety of the elections. In the author’s opinion, the new alternative voting methods warrant considering Poland as a state that strives to overcome electoral barriers that hinder participation in public life for a large groups of voters. These provisions constitute an important step towards fuller implementation of the principle of universal suff rage and to enable citizens to truly participate in the broadest possible scope.