Kraków court upholds recall referendum that ousted Mayor Miszalski; PM Tusk must now schedule early election within 60 days
The Kraków Court of Appeal on 28 July dismissed the final appeal against the 24 May referendum that recalled Mayor Aleksander Miszalski, removing the last legal obstacle and obliging Prime Minister Donald Tusk to schedule an early election within 60 days.
Referendum background
On 24 May, Kraków residents voted overwhelmingly to remove Mayor Aleksander Miszalski from office. A total of 171,581 citizens voted in favor of the recall, with only 3,631 opposed. The turnout reached 29.99%, narrowly surpassing the binding threshold of 26.98%. The result stripped Miszalski, a Civic Coalition politician, of his post. Stanisław Kracik, the former deputy mayor, assumed the role of acting mayor.
Legal challenges rejected
The validity of the referendum was contested by Edward E. Nowak, a former opposition activist from the PRL era. He argued that violations of the pre-referendum silence period had influenced turnout and the result. According to his filing, content on platform X generated approximately 3.8 million views during the silence period, while YouTube materials registered about 430,000 views. Nowak submitted nearly 4 GB of evidence, including over 300 files and 800 pages of description.
On 17 June, the Kraków District Court dismissed the protest, concluding that while some materials were agitational, there was no proof they affected the outcome. The electoral commissioner, Dagmara Daniec-Cisło, had earlier requested dismissal, noting that not a single person was shown to have voted because of the contested content. Nowak appealed, but on 28 July the Court of Appeal in Kraków delivered the final word.
This is a legally binding decision. No further appeals are available.
The court's spokesperson said the reasoning would be published separately because the ruling was made in a closed session and no written justification was yet prepared. The decision removes the last legal hurdle and confirms the referendum is valid.
Next steps: election timing
With the court's ruling, Prime Minister Donald Tusk can now set the date for Kraków's early mayoral election. Under provisions of the Electoral Code, such elections must occur within 90 days of the cause, in this case, the referendum. However, some legal interpretations point to Article 474, section 3, which would require the vote to be scheduled within 60 days. According to a judge quoted in RMF24, that would mean by 20 September 2026 at the latest. Tusk had previously indicated a September timeline, citing the pending protest. Now that the protest is resolved, the campaign period will begin once the date is announced.
- Referendum held: 171,581 vote to recall Mayor Miszalski, 3,631 oppose; turnout 29.99% meets threshold.
- Kraków District Court rejects protest by Edward E. Nowak, ruling no evidence of influence on referendum outcome.
- Kraków Court of Appeal dismisses appeal, confirming referendum validity; decision final.
- Date by which early election must be held according to 60-day interpretation (expected deadline).
Field of candidates
A crowded field has already emerged. Confirmed candidacies include Michał Drewnicki of Law and Justice (PiS), Bartosz Bocheńczak of the Confederation party, Daria Gosek-Popiołek of the Left, independent former Supreme Audit Office head Marian Banaś, referendum campaign leader Jan Hoffman, and controversial online figure Marianna Schreiber. Several other candidates have also registered. Media reports note that one major potential contender has yet to decide. The election is expected to be the largest local contest in Poland in 2026, with control of the historic capital of Małopolska at stake.
