On 14 May 2020, the OSCE Office for Democratic Institutions and Human Rights (hereinafter “ODIHR”) received a request from Dr. Adam Bodnar, Commissioner for Human Rights of Poland, to provide a legal opinion (hereinafter “opinion”) on the Draft Act on special rules for the organisation of the general election of the President of the Republic of Poland ordered in 2020 with the possibility of postal voting (hereinafter “Draft Act”) of 12 May 2020. By letter of 15 May 2020, ODIHR confirmed the readiness to provide a legal opinion on the Draft Act.
The Draft Act addresses some of the concerns expressed by ODIHR in relation to prior legislation on postal voting in the 2020 presidential election in Poland. In particular, the Draft Act retains the authority of the NEC to manage the electoral process, allows for in-person voting in a polling station and potentially allows more time for adequate preparations by the election administration and for providing the requisite information to voters. At the same time, some concerns and recommendations previously expressed remain, and certain aspects of the Draft Act should be improved in order to ensure the effective exercise of electoral rights in line with international standards for democratic elections. Consequently, ODIHR makes the following key recommendations:
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