What are the penalties for breaking election silence? What are the legal penalties for destroying election materials?
What is election silence?
Under Polish law, specifically the Electoral Code, the election silence period is a prohibition that applies during elections on polling day and for 24 hours before polling day . It begins at midnight the day before election day and ends after polling stations close. During this period, election campaigning, i.e., publicly encouraging or encouraging people to vote in a particular way, is prohibited. Convening meetings, organizing marches and demonstrations, delivering speeches, and distributing campaign materials are also prohibited. This applies both to public spaces and other forms of campaigning, such as online.
In addition to the elections of the President of the Republic of Poland, election silence also applies during the election period:
- to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland;
- to the European Parliament in the Republic of Poland;
- to the decision-making bodies of local government units;
- commune heads, mayors and city presidents.
What could be the consequences of violating election silence?
Violating election silence is a misdemeanor punishable by a fine of up to PLN 5,000. It is worth noting that the election silence period does not apply to election materials posted during the election campaign, so there is no obligation to remove election materials from public spaces during the silence period. However, it is important to remember not to modify or relocate these materials during the silence period, as such behavior may be considered electoral campaigning.
Election silence and polls
During the election silence period, it is also prohibited to publicly disclose the results of pre-election public opinion polls (surveys) regarding anticipated voting behavior and election results, as well as the results of polls conducted on election day. 3 Violation of this prohibition is punishable by a significantly higher fine, ranging from PLN 500,000 to PLN 1,000,000. 4
Election silence around the world
Interestingly, not all countries have an election silence period. Among those where this ban doesn't apply are Austria, Germany, Portugal, Bulgaria, and Denmark. The United States also doesn't have an election silence period. There are also countries where the election silence period is longer than in Poland, including the Czech Republic, Lithuania, Egypt, and Chile.
Criminal liability for destroying electoral materials
Under the Electoral Code, electoral material is any publicly disclosed and recorded communication from an electoral committee related to the scheduled elections. This includes, in particular, posters, billboards, and campaign slogans.
Election materials are legally protected, and therefore their destruction or damage is prohibited. Violation of this prohibition constitutes a misdemeanor under Article 67 § 1 of the Code of Petty Offenses. This provision states that " anyone who intentionally damages or removes an announcement publicly displayed by a state or local government institution or a social organization, or who otherwise intentionally prevents anyone from reading such an announcement, shall be subject to arrest or a fine . 5
It should also be remembered that all posters, election slogans and advertising devices set up for the purpose of election campaigning are to be removed by election representatives within 30 days after election day.
1 Art. 107 of the Act of 5 January 2011, the Electoral Code (consolidated text: Journal of Laws of 2019, item 684)
2 Art. 498 of the Act of 5 January 2011, the Electoral Code (consolidated text: Journal of Laws of 2019, item 684)
3 Art. 115 of the Act of 5 January 2011, the Electoral Code (consolidated text: Journal of Laws of 2019, item 684)
4 Art. 500 of the Act of 5 January 2011, the Electoral Code (consolidated text: Journal of Laws of 2019, item 684)
5 Art. 67 §1 of the Act of 20 May 1971, the Code of Petty Offences (consolidated text: Journal of Laws of 2019, item 821)
