Abstract

Universally, electoral rights are divided into active and passive voting rights. Active voting rights are understood as the right to vote in the elections and to undertake other electoral activities (right to elect). On the other hand, passive voting rights mean the eligibility to stand for the elections defined by indicating the requirements to be fulfilled by a natural person (citizen) in order to be elected to an organ of representation.

Art. 10. § 1 of the Electoral Code of 5 January 2011 differentiates the substantive scope of active voting rights depending on the type of the elections by applying the following censuses: age, citizenship, permanent residency in the territory of the Republic of Poland or permanent residency in a municipality. The Electoral Code also defines the categories of people deprived of the right to vote. They include persons deprived of public rights under a valid court sentence, people deprived of electoral rights under a valid judgement of the Tribunal of State, and people declared legally incapacitated under a valid court decision.

Art. 11 of the Electoral Code precisely outlines the census applicable in the case of passive electoral rights in individual types of elections. They vary for each of those types.