Elections to local government in Poland Marta Obrębska An extremely short history of elections in Poland • the elections to Sejm in Łęczyca (called First Sejm) in 1182. • since the Sejm of 1493 Polish kings were obliged to call regular Sejms and regional elections (sejmiks) every two years. • the first modern and free elections in XX century were held in 1919. • after the Second World War, Poland fell into the Soviet sphere of influence • no elections until the groundbreaking elections of 1989, marking the fall of communism, were free. Background to modern local government elections • 1990 • 27 May 1990 • 1999 • 2002 The Administrative Division of Poland tier Legislative body Executive body voivodeship sejmik board powiat powiat council board gmina (minicipality) gmina council wojt mayor city president Introduction to local government electoral law in Poland PRIOR TO 2011 a) the Act on Presidential Election (27 September 1990), b) the Act on Elections of Municipal, County and Provincial Authorities (16 July 1998), c) the Act on Elections to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland (12 April 2001), d) the Act on Direct Elections of the Head of Commune, the Major and the President of a City (20 June 2002), e) the Act on Elections to the European Parliament (23 January 2004). 2011 - Electoral Code • The existing legal rules have been changed many times since 2011 • Before a validation of the Electoral Code in 1 August 2011 its content was amended five times • Up until 31 December 2014 it was amended for the sixth time • 2015 – more changes • 2018 – next substantial changes Local elections as most important Such research results can be traced back to 2009 66 63 57 52 54 56 58 60 62 64 66 68 local elections presidential elections parliamentary elections Which elections are the most important? CBOS research (%) How important are for people like you following elections: 0% 50% 100% local elections parliamentary elections presidential elections elections to EP 6 8 7 15 17 21 21 25 28 28 31 31 47 41 40 25 2 2 1 4 not important at all (1-2) not very important (3-5) rather important (6-8) very important (9-10) hard to say Average score (10 point scale) Local 7,63 Parliamentary 7,20 Presidential 7,24 European Parliament 6,12 How important for people like you are: 1998 2018 presidential elections 7,75 7,24 parliamentary elections 7,43 7,20 local elections 7,29 7,63 % of answers „very important” (9-10) presidential elections 52 40 parliamentary elections 45 41 local elections 45 47 Local vs parliamentary elections 15% 15% 12% 23% 15% 20% 49% 48% 55% 54% 50% 59% 37% 37% 33% 23% 35% 20% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% village town up to 19 999 town 20 000 - 49 999 city 50 000 - 99 999 city 100 000 - 499 999 city 500 000 and more local elections are the most important both equally important parliamentary elections are the most important 54% 9% 18% 4% 15% effectiveness of council's work good very good rather bad bad hard to say 53% 14% 16% 4% 13% effectiveness of wojt/mayor/president's work good very good rather bad bad hard to say Changes in attitudes I’m interested in decisions made by: YES NO HARD TO SAY 2014 2018 2014 2018 2014 2018 municipality (gmina) 70% 78% 28% 21% 2% 1% powiat 40% 65% 52% 32% 4% 3% voivodeship 27% 40% 69% 56% 3% 4% Sejm, central government, president 76% 87% 23% 11% 2% 2% % of respondents declaring interest in decisions taken by: 88% 76% 82% 75% 79% 73% 65% 63% 69% 63% 38% 40% 39% 38% 46% 43% 84% 84% 91% 88% 91% 91% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% villages town up to 19 999 town 20 000 -49 999 city 50 000 - 99 999 city 100 000 - 499 999 city 500 000 and more municipality/gmina powiat voivodeship sejm • Not only the importance of local elections scores higer • Also readiness to participate is higher Elections 2014 49% 17% 15% 6% 13% Are you going to vote in local elections? Yes, I definitely will Probably yes I don't know yet I don't think so No, I won't Elections 2018 79% 12% 8% 1% Will you vote in local elections? Yes, I definitely will I don't know yet I will not vote hard to say Will you take part in the next elections? 77% 80% 81% 76% 79% 86% 65% 71% 74% 69% 73% 84% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% villages town up to 19 999 town 20 000 - 49 999 city 50 000 - 99 999 city 100 000 - 499 999 city 500 000 and more local elections parliamentary elections Party or non-party Polish local government? LOCAL ELECTIONS 2014 (councils) LOCAL ELECTIONS 2014 (wojt, mayor, city president) LOCAL ELECTIONS 2014 Main cities and their presidents 8 PO 2 SLD 1 PIS 6 INDEPENDENT 1 PSL Invalid votes - statistics wojt, mayor, city presidents: I round 2,12% II round 1,24% • Gmina councils and cities with powiat rights 5,23 % • Powiat councils 16,67 % • Voivodeship councils 17,47 % INVALID VOTES – EMPTY VOTING CARDS IN LOCAL ELECTIONS POWIAT SEJMIKI OF VOIVODOSHIPS GMINA Voter turnout in Polish local elections (%) 42,27 33,78 45,35 44,23 45,99 47,26 47,68 0 10 20 30 40 50 60 1990 1994 1998 2002 2006 2010 2014 20 40 60 I round II round 47,6 39,7 I round II round 60,6 64,9 61,1 49,8 54,9 49 0 20 40 60 80 1990 1995 2000 2005 2010 2015 Presidential elections 62,7 43,2 52,1 47,9 46,3 40,6 53,9 48,9 50,9 0 20 40 60 80 1989 1991 1993 1997 2001 2005 2007 2011 2015 Parliamentary elections Electoral system • introduction of single-member districts, and majoritarian rule in council elections, increased the number of single independents, unaffiliated to any party or committee, and limited the presence of party candidates and councillors. • the design of the electoral system used in the elections of local councils affects the position of national parties and their main competitors, local independent lists. Changes in electoral law: 2015 and 2018 • Just one re-election for wojt, mayor, city president • 5 year term • SMD just for municipalities uder 20 000 • Different definition of „x” • Postal voting • Live-feed or a recording on PKW website • Changes to the functioning of the National Election Commission • Changes to the functioning of the National Election Bureau Just one re-election – is it a problem? City / population size /status in voivodeship City president Number of times elected Affiliation Gdansk 461,000 Poland principal seaport Capital of Pomeranian V. Pawel Adamowicz Elected 1998 Re-elected 2002, 2006 (first round 61%), 2010, 2014 PO Krakow 762,000 Capital of the Malopolskie V. Jacek Majchrowski Elected 2002 Re-elected 2006, 2010, 2012 Indep. Rzeszow 185,000 Capital of the Podkarpackie V. Tadeusz Ferenc Elected 2002 Re-elected 2006 (77%), 2010 (53%), 2014 (66%) SLD Szczecin 407,000 Capital of the West Pomeranian V. Piotr Krzystek Elected 2006 Re-elected 2010, 2014 Indep. Warsaw 1,754,000 Capital of Poland, Capital the Mazowieckie V. Hanna Gronkiewicz- Waltz Elected 2006 She is the first woman to hold this position. Re-elected 2010 (53,67%), 2014 PO Wroclaw 634,000 Capital of the Lower Silesian V. Rafal Dutkiewicz Elected 2002 Re-elected 2006 (1st round 84,53%), 2010 (1st round 72%), 2014 Indep. National Election Commission (PKW) • ROLE: oversees the entire electoral process. • Currently: 9 active or retired judges nominated by: the Constitutional Tribunal, the Supreme Court and the Supreme Administrative Court (each nominates three members). • New law: 7 members nominated by the Sejm The Constitutional Tribunal and the Supreme Administrative Court nominate just one member each. • The Supreme Court — which protested loudly against the politicization of judiciary in 2017 — would lose its representation in the PKW. National Election Bureau (KBW) • ROLE: provides administrative support for the PKW. • Currently, the PKW selects the executive of the KBW. • New law: • PKW loses the freedom to independently choose the executive of the KBW. • The president, the Sejm and the Senate nominate one candidate each. The PKW selects the executive from one of these three. • Ultimately the choice goes to the government • The same is with the nomination of commissioners (100) Consequences of latest reforms Batory foundation: The changes in Electoral Code: • carry a threat of making PKW and KBW a party dependent institutions • undermine electoral rules and stability of elections • change rules of rivalization in the eve of elections Great expectations vs Low turnout - possible reasons The propensity of low frequency has lasted for decades • a lack of appropriate civil education in terms of the electoral law • a lack of civil engagement in local issues • ‘the noise’ pertaining to the Electoral Code, • Many amendments and high frequency of alteration of the Electoral Code do not prove its high quality. • Result : misunderstandings and unwillingness to participate in elections. Their effect is low voter turnout and a large number of invalid votes. Local Elections – Most Important, Still, Not Enough To Go and Vote Local Elections – Most Important, Still, Not Enough To Go and Vote Tadeusz Mazowiecki : “Poland needs a citizen’s presence, which gives strength to the electoral process today and in the future. Passivity and resignation, at times in history, have spelt the death knell of democracy” the first Prime Minister of the first non-communist government which was elected in 1989 in Poland