The principle of the secrecy of the ballot and the parliamentary elections combined with the nationwide referendum of October 15, 2023: on the ambiguity of activism for the protection of constitutionality of the electoral process

Abstract

The article analyses violations of the principle of ballot secrecy in the parliamentary elections and the referendum of October 15, 2023, highlighting their fundamental importance for the institution of democratic elections. Voting secrecy is guaranteed by the Polish Constitution and the Electoral Code. During the 2023 parliamentary elections, held simultaneously with the nationwide referendum, an important constitutional issue arose concerning the procedure for registering each fact of a referendum ballot not being collected by a particular voter, which could reveal his/her political preferences. Experts on electoral law criticised the use of a single register of voters in this case, pointing out that this could violate the secrecy of the vote. The State Electoral Commission and the Supreme Court rejected these criticisms, finding that the procedure itself did not violate the relevant constitutional principle. Taking into account the fact that significant controversy in the doctrine concerns the interpretation of the very concept of ballot secrecy – including the question of whether it is only a voter’s right or also a voter’s duty – the author points to the broader historical context and contemporary organisational challenges relating to elections, emphasising that ballot secrecy is an indispensable element for the protection of democratic electoral processes, especially in view of the intensity of contemporary political conflicts and potential pressures exerted on voters.