The government’s majority in the lower house of parliament has approved legislation that would exempt officials from prosecution for involvement in organising a postal election in 2020. The election was eventually abandoned and courts have found some elements of efforts to organise to have been illegal.
The bill in question would prevent prosecutors from initiating proceedings against officials for transferring voter lists to the postal service. Any proceedings already underway would be discontinued.
In spring 2020, during the early stages of the pandemic, the ruling Law and Justice (PiS) party sought to organise presidential elections entirely by post rather than through in-person voting at polling stations. However, the plans were eventually abandoned
Later that year, a court found that the prime minister, Mateusz Morawiecki, had acted in “gross violation of the law” by ordering preparations for the elections. He has challenged that ruling. In 2021, the state auditor also found that officials had acted without legal basis and it notified prosecutors.
Another ruling in 2021 found that the digitisation ministry had unlawfully transferred the personal data of Polish voters to the post office as part of efforts to organise the election.
PiS, however, argues that it had a constitutional obligation to try to organise the scheduled elections safely and on time.
Speaking last month, the party’s spokesman, Radosław Fogiel, justified the bill exempting officials from prosecution by saying that it is “impossible to punish those who acted within the framework of the applicable law, with the best will and in de facto defence of such constitutional values as the democratic process and public health”.
While a previous version of the bill was withdrawn due to “a possible conflict with the constitution” – in the words of PiS secretary general Krzysztof Sobolewski – a new one was this week submitted to the Sejm.
Last night it was approved by the chamber, with 223 votes in favour (almost entirely from the PiS caucus) and 218 against (from all opposition parties, ranging from left to far right).
One opposition lawmaker, Paweł Szramka of the Polish People’s Party (PSL), condemned the bill. “This is a place where we are supposed to create law, not cover up lawlessness,” he said, quoted by OKO.press
Another opposition MP, Waldy Dzikowski of Civic Platform (PO), notes that around 270 mayors handed over voter information to the postal service in spring 2020 despite not being authorised to do so.
Watchdog Polska, a civic activist group, has submitted hundreds of notifications to prosecutors calling for action to be taken against such officials, reports news service Onet.
In March this year, the first ruling against a mayor for sharing voter data was issued against Maciej Kędzierski, head of the small district of Wapno. A court found that he had exceeded his powers and acted without a legal basis, reports Gazeta.pl. He has applied to the president for a pardon.
The legislation passed yesterday by the Sejm now moves to the upper-house Senate, where the opposition have a majority but which can only delay rather than block the bill. Once finally passed by parliament, it goes to President Andrzej Duda, a government ally, for approval.
Main image credit: Mateusz Włodarczyk/MRiPS (under CC BY-NC-ND 2.0)
Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.
