The elections of the mayor of the municipality of Nechválová Polianka are null and void

The members of the election chamber of the Supreme Administrative Court of the Slovak Republic ruled on the nullity of the election of the mayor of the municipality of Nechválová Polianka held on 10 February 2024. The unsuccessful candidate for mayor of the municipality requested the review of the legality of the election by a lawsuit filed against the newly-elected mayor (file No. 14 Svp 1/2024).

Based on the evidence taken, the election chamber concluded that a critical number of people corresponding to the difference in votes received between the claimant and the defendant had purposely registered to reside immediately prior to the mayoral election. All of the newly registered voters participated in the election and validly cast their ballot papers.

According to the election chamber, the purposive registration of permanent residence was carried out in order to influence the electoral result, i.e. to negate the constitutional concept of the formation of the municipal government bodies so that they represent the inhabitants of the municipality intending to form an integral part of the personnel substratum of that municipality.

The decision of the election chamber was unanimous and is final. The written reasoning of the decision will be published on the website of the Supreme Administrative Court of the Slovak Republic within the statutory time limit.

Historically, the power of ex post judicial review of elections to local authorities belonged to the Constitutional Court of the Slovak Republic. The Supreme Administrative Court of the Slovak Republic has been deciding on the constitutionality and legality of local authority elections since 1 August 2021. According to the Code of Administrative Court Procedure, a claimant may bring a lawsuit seeking a decision on the unconstitutionality or illegality of the contested elections, thereby ensuring free competition of political forces.

The election lawsuit Vladimír Megela c/a PhDr. Tibor Sisák was decided by Chamber No. 14 of the Supreme Administrative Court of the Slovak Republic composed of: the President of the Chamber JUDr. Marián Fečík (Judge-Rapporteur); the members of the Chamber JUDr. Marián Trenčan; JUDr Petra Príbelská, PhD.; prof. JUDr. Peter Potásch, PhD; JUDr. Katarína Cangárová, LL.M. PhD.