Paper/Speech Details of Conference Program for the 25th NISPAcee Annual Conference Program Overview II. e-Government Author(s) Maciej Pisz University of Warsaw Warsaw Poland Title E-voting in Polish Legal System – Conclusions de lege lata and de lege ferenda File Paper files are available only for conference participants, please login first. Presenter Maciej Pisz Abstract The aim of the paper is to discuss the concept of electronic voting (e-voting) in Polish legal system with particular emphasis on conclusions de lege lata and de lege ferenda in respect of the discussed subject. Electronic voting is a subject worth presenting due to the fact that for some time it has been one of the key challenges facing Polish public administration and forms part of a bigger process of reforms aimed at creating in Poland a modern system of electronic administration (e-Government). At the outset the main assumptions behind the institution of e-voting will be presented. In this context, the author of the paper focuses on the fact that e-voting encompasses two electronic voting methods: electronically-supported voting (here the computer systems are the main device for casting and counting votes and the votes are cast personally by voters at polling stations on voting machines) and voting per Internet (in that case the votes are cast remotely from a random location via Internet, whereas casting and counting occurs through a central computer voting system). At the same time e-voting will be presented as a form of direct democracy and its key advantages and drawbacks – as perceived in the author's opinion – will be demonstrated. In the next part of the paper, the author will present conclusions de lege lata in respect of the institution of e-voting in the Polish legal system. In this context the author will inter alia demonstrate that e-voting has not been expressis verbis admitted, nor prohibited in the Constitution of the Republic of Poland dated April 2, 1997. E-voting in the Polish legal system is thus an issue that has been ommitted in the constitutional regulation devoted to voting (elections). Therefore, logically, its admission or non-admission has been left for the ordinary lawmaker to decide. The paper will conclude with the demonstration of conclusions de lege ferenda in respect of the institution of e-voting in the Polish legal system. Having that in mind, the author will direct his attention to the fact that introduction of e-voting in Poland in different election procedures (e.g. parliamentary elections, local government elections and presidential elections) has to be compliant with the Constitutional standard of elections (in particular with the principle of directness and universality of elections and secrecy of voting). Additionally, the author will put forward a proposal for regulation of e-voting in the Polish legal system. Considerations in this regard will be inspired by efforts of Poland and other countries made in order to create a modern system of public administration (e-Government) and by considerations stemming from the analysis of various procedures applied currently in terms of e-Government.
