Complaint Filed Against Court Ruling on Krakow Referendum

Activist Edward Nowak has formally challenged the district court’s dismissal of his protest regarding the May 24 Krakow referendum, alleging that widespread violations of the election silence impacted the final outcome.

The Challenge to the Referendum

Edward Nowak is questioning the validity of the referendum held in Krakow on May 24, which resulted in the removal of Aleksander Miszalski from his position as mayor. Nowak claims that illegal campaigning during the designated silence period influenced voter turnout and the referendum results.

The District Court dismissed the protest on June 17, stating there was insufficient evidence to prove that the reported breaches of silence affected the validity of the vote. On Monday, Nowak, a veteran opposition activist, confirmed that a detailed 65-page appeal had been registered with the court.

Allegations of Election Silence Violations

Nowak argues that illegal, coordinated activity during the referendum silence may have swayed up to 4 percent of voters. He warns that failing to address these actions would set a dangerous precedent for future elections, potentially leading to a total disregard for legal regulations.

Evidence presented by the protest initiators includes claims of approximately 3.8 million views on the X platform and 430,000 views on YouTube for content allegedly violating the election silence. The court, however, noted that much of the evidence was ambiguous, lacked clear publication timestamps, or was posted before the silence period began.

Judicial Review Process

The District Court will now forward the appeal to the appellate court, which has 30 days to review the case. The appellate court’s decision will be final; it may either uphold the district court’s ruling, accept the protest, or remand the case for further consideration.

The protest submitted by Edward Nowak was one of four filed with the court. It was the only one to be substantively reviewed, as the others were dismissed on formal grounds, such as being filed past the legal deadline. Election Commissioner Dagmara Daniec-Cisło had requested the dismissal, noting a lack of evidence linking specific voters to the alleged agitational materials.

Political Uncertainty in Krakow

Prime Minister Donald Tusk indicated on June 9 that the schedule for new elections may be delayed until at least September to allow for the resolution of these legal challenges. The final timing remains subject to official confirmation.

Recent polling from IBRiS shows Łukasz Gibała leading with 17.2 percent support, followed by Daria Gosek-Popiołek at 13.5 percent and Michał Drewnicki at 13.2 percent. Monika Piątkowska, representing the coalition of KO and PSL, polled at 12 percent.