Amendments as on April 22, 2005
The Organic Law of Georgia
On changes and amendments to the
Organic Law of Georgia
“Election Code of Georgia”
Article 1. Following changes and amendments shall be made to the Organic Law of Georgia “Election Code of Georgia” (“Sakartvelos Sakanonmdeblo Matsne”, #25, 22.08.2001. Article 107):
1. In Article 9, paragraph 3 shall be reworded as follows:
“3. The voter's data shall be entered in the general list of voters for the place of his/her registration. Internally displaced persons shall be entered in the general list of voters at their actual place of residence.”
a) Paragraph 2 shall be reworded as follows:
“2. The election administration shall perform the duty assigned to it under the election law and shall secure the holding of a referendum/plebiscite, holding of the general elections for election of members of the representative bodies of the public authority and officials of the public authority, the free exercise of their legal interests by elections and referendum participants in accordance with this law. The election administration shall control, within its terms of reference, the execution of the election law all over the territory of Georgia and shall secure its unambiguous application.
b) Paragraph 4 shall be reworded as follows:
“4. The election administration of Georgia is a centralized system, comprising the Central Elections Commission of Georgia (CEC), Superior Election Commissions of Autonomous Republics of Abkhazia and Ajara and the staffs of those Commissions, District and Precinct Election Commissions. The higher body of the election administration of Georgia is the Central Election Commission of Georgia, which manages and controls the election commissions at all levels throughout Georgia.”
3. Article 18 shall be reworded as follows:
“Article 18. Composition of Election Administration
1. An election commission consists of the commission Chairperson, Deputy Chairperson, commission secretary and other members.
2. Members and staff of the election commission are election administration officers.
3. The election administration officer may not join a party, and where he was a party member, he is obliged to withdraw from the party.
4. The members and staff of the Central Elections Commission of Georgia, Superior Election Commissions of Abkhazia and Ajara, other than the assisting employees and non-staff employees, are public officers. In terms of activity restriction and official inconsistency, the requirements of activity restriction and official inconsistency prescribed by Articles 61 and 64 of the Law of Georgia "On Civil Service" and paragraphs 3, 6 to 9, Article 13 of the Law of Georgia "On the Collision of Interests and Corruption in Civil Service" shall apply to an election administration employee. The election administration officer has not a right to be a servant of a state authority or institution of another country.
5. Only qualified voters may be appointed/elected as members of the Central Election Commission, District and Precinct Election Commission, except for:
a) A person who has not been awarded the election administration officer's certificate;
b) A person who has been dismissed from commission membership by the election commission or the court for violating electoral legislation;
c) A person whose violation of electoral legislation has been proved by the court;
d) A person who had been tried for a grave criminal offence (except the cases when a fine has been applied to a person as a sanction) and has not been cleared of a criminal record;
e) Heads and deputy heads of the departments included in the bodies of executive power;
f) Heads and deputy heads of the local government and self-government bodies;
g) Employees of the Ministry of Internal Affairs, the Ministry of Defence, Special State Protection Service;
h) Judges and assistants to judges;
i) Employees of the Prosecutor’s Office;
j) Election subjects and their representatives;
k) Domestic and international observers.
6. In case a person has been appointed/elected an election administration officer, such person is obliged to comply with the requirements of activity restriction and official inconsistency prescribed by paragraphs 3 and 4 of this Article within the period of 7 days.”
4. Article 20 shall be reworded as follows:
“Article 20. The terms of office of election commission member/head
1. The term of office of a head/member of the Central Election Commission and District Election Commission, shall be determined for the period of 6 years.
2. The term of office of the precinct election commission member begins on the day of the first meeting of the newly established precinct election commission and expires immediately upon the completion of all procedures described under this law in the relevant polling station.
3. The term of office of the election commission member expires immediately upon the election of his/her successor commission member.
4. The first meeting of the newly created precinct election commission shall be held no earlier the 40th and no later the 35th day prior to the general or mid-term election. In exceptional cases, and when the precinct election commission is established in another country, the first meeting of the precinct election commission shall take place no later the 3rd day upon the creation of commission. The first meeting of the precinct election commission shall be called by the chairperson of relevant district election commission. Exception can be precinct election commissions established in another country, which first meeting shall be convoked by the CEC chairperson.
5. One and the same person can not be elected as a chairperson/member of the Central Election Commission, the District Election Commission during 6 years after the expiration of his/her term of office.
5. Article 21 shall be reworded as follows:
“Article 21. Early termination of term of office of a member/head of the election commission”.
1. The term of office of a chairperson/member of the Central Election Commission is terminated prior to its expiration by the resolution of Parliament of Georgia; of District or Precinct election commission member – upon the decree of the higher election commission. The term of office of a Deputy Chairperson and secretary of the CEC, also chairmen, deputy chairmen and secretaries of the District and Precinct election commissions is terminated prior to its expiration upon Decree of relevant election commission.
a) Upon resignation from office:
a.a) Upon resignation of the CEC chairperson - an application about termination of term of office of the CEC member is submitted to the parliament of Georgia.
a.b) An application about the resignation of the deputy chairperson/secretary of the CEC is submitted to the CEC;
a.c) An application about the resignation of the chairperson/deputy chairperson/secretary of the DEC or PEC is submitted to the relevant election commission;
a.d) An application about termination of term of office of DEC or PEC member, is submitted to the higher election commission;
b) If a commission member has failed to suspend inconsistent activity and/or office during 7 days from the day of his/her election.
c) If a commission member has occupied an office incompatible with his/her status determined under this law;
d) If the fact is revealed that a commission member is engaged in the activity inconsistent with his/her status;
e) If it is revealed that the data contained in the statements, decisions and their supplements indicated in paragraph 6 of Article 28, paragraph 7 of Article 33, paragraph 9 of Article 37 of this Law are found incorrect – from the date such fact is revealed;
f) If the duties of CEC chairperson/member has not been performed during 2 months successively or upon failure to attend 3 commission sessions in a row, without a valid excuse.
g) In the existence of a court judgement of guilty or if the violation of election legislation by a commission member has been proved by the court – from the day the judgement becomes effective;
h) Upon banning or liquidation of a party (unless the liquidation was due to an association with the party which had not been entitled to nominate a commission member; in such case, the associated party shall be considered as the liquidated party's successor) which has appointed a commission member – from the date the court decision on the party liquidation becomes effective, or from the day the liquidation decision is made – upon liquidation;
i) Upon recall of a member of the Precinct Election Commission by the appointing party – from the day the statement of recall is submitted to the relevant DEC;
j) If the status of a commission member, as of an elector, has been revoked.
k) Upon regular or gross violation of the Election Code, election administration regulations, or upon existence of any relevant ground stipulated by the law of Georgia “About Civil Service”.
2. It is prohibited to withdraw the issue of dismissal of a chairperson/deputy chairperson/secretary of election commission with one and the same ground, as well as pre-term termination of term of office for an election commission member, two times successively during 6 months.
3. In case of existence of one of the grounds provided under paragraph 1 of this Article, after the resignation of election commission chairperson/deputy chairperson, secretary, the issue of early termination of the office of the election commission member shall be discussed and decided by the Parliament of Georgia within 15 days or authorized election commission within 5 days. The decision shall be made same way as they were elected.
4. If the application about the resignation/termination of the office is not satisfied within the terms established under this article, election commission chairperson/deputy chairperson/secretary shall be considered resigned, term of office shall be terminated on the next day after this deadline.
5. The recall of a PEC member during the last 7 days prior to Election Day is prohibited.
a) Paragraphs 6 and 7 shall be reworded as follows:
“6. The session is valid if attended by the majority of the full commission.
7. The commission decision is made, if voted pro by the majority of those attended (unless this Law provides a higher quorum), but at least by one third of the full commission”.
b) Paragraph 9 shall be reworded as follows:
“9. The human resources issues shall be resolved by the majority of the full commission.
c) Paragraph 13 shall be removed.
7. Paragraph 221 shall be reworded as follows:
“Article 221. Selecting the chief administrative officers/members of the election commission.
1. The election commission chairperson (except for the CEC chairperson), deputy chairperson/secretary shall be elected after appearing corresponding vacancy, out of the commission members at the first meeting of the commission, for the term of the terms of reference of the commission member, by the majority of the full commission, and by roll-call vote.
2. The candidates for the chief administrative officers of the election commission shall be nominated:
a) The candidate for the chairman of a district or precinct election commission – by at least 2 commission members;
b) The candidate for the deputy chairman of a commission - by the commission chairperson.
c) The candidate for the commission secretary - by the commission chairperson or at least 2 commission members.
3. One and the same candidate shall be nominated twice only.
4. If within the established term, the commission fails to elect the election commission chairperson/deputy chairperson/secretary, the functions of this official before his/her election shall be performed by the member of the commission who gets most votes during the voting and in case of equal votes – by the person determined among them by casting of lots.”
5. If the commission chairperson and Deputy Chairperson, concurrently, or the Secretary, temporarily, are unable to carry out the duties specified by this Law, while, pursuant to the same Law, an action being within the exclusive authority of the commission Chairperson or secretary needs to be performed, the commission shall immediately elect from among its members an acting Chairperson/secretary in accordance with the procedure established by paragraphs 1 and 2 of this Article. The acting Chairperson’s term of office shall terminate as soon as the Chairperson or Deputy Chairperson becomes able to exercise his/her authority. The term of office of the acting Secretary shall terminate as soon as the Secretary is able to exercise his/her authorities.
6. If the commission lacks both Chairperson and Deputy Chairperson, the commission Secretary shall call and chair the commission session for selecting the Chairperson until such election is completed. In case the commission lacks the Secretary as well, the commission session shall be called and chaired before the Chairperson's election by the oldest (in age) member of the commission.”
a) Paragraph 1 shall be reworded as follows:
“1. The Chairperson, Deputy Chairperson, Secretary and all members of a district election commission shall be paid wages from the state budget during the total terms of their office.”.
b) Paragraph 2 shall be removed.
9. In Article 25 paragraphs 3 and 4 shall be reworded as follows:
“3. The CEC resolution shall be deemed as passed, if voted pro by at least two thirds of the full commission. The resolution shall be signed by the chairperson of the relevant session of the CEC and the commission secretary. The CEC resolution shall take effect after its registration at the Ministry of Justice of Georgia, beginning from 24:00 of the day of its promulgation in The Georgian Legislation Bulletin, unless the resolution itself provides a later date. Adoption of the resolution no later the 4th day prior to the voting is prohibited.
4. The orders of the election commission, its Chairperson and secretary are individual legal deeds which shall be passed/issued in the cases and within the frames determined by this Law and the CEC resolution. The commission order shall be signed by the Chairperson of the relevant session of the commission and commission secretary. Other orders shall be signed by a person issuing it, unless this Law provides another quorum. The commission order shall be deemed as passed, if voted pro by the majority of those attended but by at least one third of the full commission.”.
10. Article 26 shall be reworded as follows:
“Article 26. Composition of election commission
The Central Elections Commission of Georgia shall be composed of Chairperson and 6 members. The CEC Chairperson, during his/her term of office is simultaneously the CEC member. The termination of the CEC Chairperson’s term of office will cause the termination of terms of reference of commission member. The district election commissions shall be composed of 5 members and precinct election commissions – of at least 5 and no more than 9 members to be appointed/elected by the subject specified by this Law in the term and under the procedure established hereunder.”.
11. Article 27 shall be reworded as follows:
“Article 27. Establishment of Central Elections Commission of Georgia
1. The Chairperson and 6 members of the Central Elections Commission of Georgia shall be elected by the Parliament of Georgia under nomination of the President of Georgia.
2. Candidates for the CEC Chairperson/members shall be selected under the open competition.
3. No later the 60th day prior to expiration of the terms of reference of the Chairperson/members of the Central Elections Commission of Georgia, the President of Georgia shall issue an order on holding of a competition and creating selection committee.
4. A non-partisan person, having higher education and fluently speaking the state language of Georgia, having high reputation in public, with at least 3 years working experience and holding the certificate of election administration officer may become a candidate for the CEC Chairperson/member.
5. Any capable citizen of Georgia at the age of 25 years at least, who meets the requirements prescribed by Article 18, paragraph 5 and paragraph 4 of this Article, also Article 17 of Law of Georgia "On Civil Service" is eligible to participate in the competition. Documents for the vacancy shall be submitted within no later the 14th day after announcement of a vacancy.
6. The application filed for participation in the competition shall indicate: the first and last name of a candidate; education (higher); specialty, academic degree (if any); place of residence (according to the ID card and registration certificate of a citizen of Georgia); place and title of job; contact address and telephone number (if any). The application shall be signed by the candidate and shall be enclosed with:
a) Two photos of a candidate;
b) Copy of ID card (registration certificate) of a citizen of Georgia;
c) Copy of a document proving higher education (academic degree - if any)
d) Copy of the certificate of the election administration officer;
e) Resume and description of his/her experience of participation in elections (if any).
7. If at least 2 candidates are not nominated for one vacancy within the term determined by the Law, the competition shall be prolonged for the term during which at least 2 candidates will be nominated for one vacancy.
8. In 2 days following expiration of the term for nomination of candidates the list of candidates shall be published.
9. No later the 5th day following expiration of the term for nomination of the candidates, the selection committee shall submit to the President of Georgia for each vacancy at least 2 and no more than 3 candidates to be selected for the CEC. The President of Georgia shall select the candidate for the CEC Chairperson. No later the 7th day following selection/nomination of candidates, the President of Georgia shall make the reasoned decision on selection of candidates and nominate to the Parliament of Georgia the candidate for the vacancy of CEC Chairperson and 2 candidates for one vacancy of the CEC member.”.
12. Article 28 shall be reworded as follows:
“Article 28 Appointment/election of the Chairperson/member of Central Elections Commission of Georgia
1. The Chairperson/members of the Central Elections Commission of Georgia shall be elected by the Parliament of Georgia, by roll-call vote, within 14 days following nomination by the President of Georgia of the candidates for CEC Chairperson/members to the Parliament of Georgia. Each candidate shall be voted separately. The CEC Chairperson/member shall be deemed as elected if he/she is voted by the majority of the full roll of MPs. If the number of those persons exceeds the number of persons to be elected, the 6 candidates with the best results among them shall be deemed as elected. If the winner is not revealed due to the equal number of votes received by the candidates, the candidates shall be voted immediately until the winner is not revealed among them.
2. If all the vacancies are not filled up in result of the voting, the remaining candidates shall be voted repeatedly. If the vacancy is not filled up again, one more voting shall be conducted. If the vacancy is still not filled up, among the other candidates participating in the competition, 2 candidates for each remaining vacancy shall be nominated by the President of Georgia to the Parliament of Georgia within 3 days term. If the vacancy is still not filled up, competition shall be announced for the remaining vacancy no later than 3 days and the, the procedure of nomination of candidates for the remained vacancies shall commence from the beginning.
3. One and the same candidate may be nominated twice only.
4. After the pre-term termination of the terms of office of CEC member, for filling the commission composition up to seven members, during the nearest session week of the Parliament of Georgia, the candidates having received not less than majority votes of the full roll of MPs, shall be again nominated by the President of Georgia to the Parliament of Georgia, or President of Georgia announces competition no later the 3th day. The same rule is applied in case such candidate does not exist.
5. The resolution of Parliament of Georgian on the election of the CEC Chairperson/member shall be submitted to the CEC within 7 days term following its adoption.
6. The resolution mentioned in paragraph 5 of this Article shall indicate the first and last name of a person appointed/elected as the CEC Chairperson/member. The order shall be enclosed with the documentation mentioned in Article 27, paragraph 6, which had been submitted for the vacancy competition and the application signed by the above mentioned person, stating that he/she meets the requirements of the Article 18, paragraph 5 of this Law.”
a) Paragraph 1, sub-paragraph “a” shall be reworded as follows:
“a) Shall, within the limits of its authority, ensure the conduct of elections and referendums/plebiscites, monitor the implementation of the election legislation and guarantee its uniform application throughout Georgia;
b) Paragraphs “h” and “i” shall be reworded as follows:
“h) Shall, by resolution, determine the rules for the allocation and use of funds allocated for the conduct of elections and referendums/plebiscites;
i) Shall, by decree, determine the form of election/referendum/plebiscite ballots; texts of the ballots designated for elections of the Parliament, of the President, Tbilisi City Sakrebulo and referendum/plebiscite; the design of ballot boxes, special envelopes and seals of election commissions; the type of election-related documents not determined by this Law but required for the conduct of the elections;
c) Sub-paragraph “n” shall be reworded as follows:
“n) Shall, based on a summary protocol of election results of the DEC and PEC, determine the results of the elections to the Parliament (party lists), Presidency, Tbilisi City Sakrebulo and referendum/plebiscite and shall, by decree, approve the summary protocol of the CEC;”;
d) Sub-paragraph “q” shall be reworded as follows:
“q) Shall, by decree, grant the election/referendum/plebiscite observer status to a union, foundation or an international organisation, other organisation registered abroad, a group of representatives of government bodies of another state as defined under this Law;
e) Add to sub-paragraph “t” sub-paragraph “t1” with the following content:
“t1) Shall, by resolution, determine the rule for certification of election administration officers and the conditions of competition for the selection of the CEC staff and the DEC members.”.
14. Article 32 shall be reworded as follows:
“Article 32. Establishment of District Election Commission
1. The members of District Election Commission shall be elected by the majority of the full CEC.
2. The chief administrative officers of the District Election Commission shall be elected by the District Election Commission among its composition by the majority of the full commission.
3. The District Election Commission is authorized to hire assistant and technical staff, but no more than 5 persons, after appointment of election day until its completion.”.
15. Article 33 shall be reworded as follows:
“Article 33. Appointment/election of Chairperson/member of District Elections Commission
1. A member of district election commission shall be appointed by the Central Election Commission of Georgia no earlier the 20th day and no later the 10th day prior to expiration of the terms of office of the member of the district election commission. The chief administrative officers shall be elected within the same term.
2. In case of early termination of the terms of office of a member of district election commission, his/her substitute shall be elected by CEC within 15 days (after appointment of the election day – within 7 days). Same rule applies in case of early termination of terms of office of chief administrative officers of the district election commission. Above mentioned information shall be published according to the rule provided in this Law.
3. Selection of candidates of district election commissions shall be conducted in terms of open competition.
4. No later the 60th day prior to the expiration of term of office of a member of district election commission or no later the 3rd day prior to early expiration of term of office of a member, the CEC shall issue Decree on conducting the competition.
5. A non-partisan person, having higher education and fluently speaking the state language of Georgia, holding the certificate of election administration officer may become a candidate for the DEC member.
6. Any capable citizen of Georgia from age of 21 years, who meets the requirements prescribed by Article 18, paragraph 5 this Law, and Article 17 of Law of Georgia "On Civil Service" is eligible to participate in the competition. The deadline for submitting the documents for the vacancy shall be:
a) In case of expiration of term of office – 14th day after announcing the competition;
b) In case of early termination of term of office – 10th day after announcing the competition, and if the elections are appointed – 2nd day after announcing the competition.
7. The application filed for participation in the competition shall indicate: name and surname of a candidate; the information about the education (higher education); specialty, academic degree (if any); place of residence (according to the ID card and registration certificate of a citizen of Georgia); place and title of job; contact address and telephone number (if any); number and name of election district where she/he wishes to be DEC member; the application should be signed by the candidate and shall be enclosed with:
a) Two photos of the above-mentioned person;
b) Copy of ID card (registration certificate) of a citizen of Georgia;
c) Copy of a document proving higher education (academic degree - if any);
d) Copy of a certificate of election administration officer;
e) Candidate’s resume and description of election participation experience (if has such experience)
8. Candidates of DEC member shall submit the documents mentioned in paragraph 7 of this Article to the Central Election Commission of Georgia.
9. In case submitted documents do not meet the requirements provided by this Article, the CEC Chairperson shall inform the applicant about above mentioned (indicating irrelevance) within 2 days term. Amended documents shall be returned to the CEC within 2 days.
10. The Central Election Commission of Georgia shall publish the list of candidates within 5 days following the deadline for submitting the applications.
11. The CEC shall elect the members of a district election commission by roll-call vote. Each candidate shall be voted separately. A person is deemed as elected if voted pro by the majority of the full commission. If the number of voted persons exceeds the number of persons to be elected, the candidates with the best results shall be elected; if for the equity of votes for some candidates the winner is not revealed, those candidates shall be immediately voted again for revelation of the winner among them. If the winner is still not revealed, the winner shall be determined by casting of lots. If all vacancies are not filled up as a result of the voting, the procedure of nomination of candidates shall commence from the beginning.
12. One and the same candidate may be nominated twice only.
13. The Decree about election of the district election commission member should include name and surname of the person elected/appointed as a commission member, also name of the District Election Commission in which she/he has been elected as a Chairperson/member. The resolution shall be enclosed with the documentation mentioned under paragraph 7 of this Article, which had been submitted for the competition, also application signed by the applicant indicating that she/he meets the requirements of paragraph 6, Article 18 of this Law.
14. The CEC will publish the list of elected commission members.”.
a) Paragraph 1 shall be reworded as follows:
“1. A district election commission is a permanent territorial entity of the election administration of Georgia comprised under the rule specified by article 32 of this Law.”;
b) In paragraph 2:
b.a) Sub-paragraph “a” shall be reworded as follows:
“a) Within the limits of its authority, organize and conduct elections and referendums/plebiscites in the election district, exercise control over compliance with the election Law and ensure the uniform implementation thereof;”;
b.b) Sub-paragraph “g” shall be reworded as follows:
“g) On the basis of the Decrees and summary protocols of the final election results submitted by the PECs, and in consideration of the results of adjudication of violations of the election Law, consolidates the results for the election district for the elections for the Parliament of Georgia (party lists), elections of the President of Georgia, elections of the Tbilisi City Sakrebulo and of the referendums/plebiscites, and approves the summary protocol of the final election results for the DEC by the relevant Decree;”;
b.c) Sub-paragraph “i” shall be reworded as follows:
“i) By issuing the relevant Decree, grant the status of local observer to the local union/foundation specified hereunder for the elections/referendum/plebiscite;“;
b.d) After sub-paragraph “t” add sub-paragraph “t1” with the following content:
“t1” Provide the conduct of seminars and training courses in order to improve the skills of the candidates for DEC member and submits to the CEC the candidates to be certified;”.
17. Remove Article 35, paragraph 1, sub-paragraph “c”.
18. Article 36 shall be reworded as follows:
“Article 36. Establishment of Precinct Election Commission
1. Three members of a precinct election commission shall be elected by the majority of the full superior district election commission (except for the case specified in paragraph 3 of this Article).
2. Three members of a precinct election commission established in a foreign country shall be elected by the majority of the full CEC.
3. The parties which have won three first places in the last parliamentary elections and independently participated in the elections or were joined in the election bloc and were ahead of others in the list of the bloc members shall appoint two members each (if the party nominated the first refuses to appoint a commission members, this right shall be conveyed to the second one etc.).
4. If the subject authorized by this Article does not appoint the precinct election commission member(s) in the term and under the procedure established by Article 37 of this Law, it will lose the right to appoint the commission member. If for this reason the number of commission members is less than the required number, the right to fill up its composition shall be conveyed to the superior district election commission under the procedure established by this Law (except for precinct election commissions established in other countries, which composition shall be filled up by CEC).”.
19. Article 37 shall be reworded as follows:
“Article 37. Appointment/Election of a Member of a Precinct Election Commission
“1. The district election commission shall appoint 3 members of the precinct election commission no earlier the 50th and no later the 46th day prior to the election day; in exceptional case - no earlier the 10th day and no later the 9th day prior to the Election Day.
2. The CEC shall appoint 3 members of precinct election commission established in a foreign country no earlier the 24th and no later the 20th day prior to the Election Day.
3. The decision of authorized party about appointment of precinct election commission member as provided by paragraph 4 of Article 36 of this law, shall be submitted to the relevant district election commission no earlier the 60th and no later the 46th day prior to election day; commissions established in exceptional cases - no earlier the 14th and no later the 9th day prior to election day; commissions established in another country – to the CEC, after establishing the election precinct, no later the 20th day prior to election day.
4. The list of precinct election commission members shall be published by relevant district election commission no later the 35th day prior to election day, commissions established in exceptional cases – no later the 5th day prior to election day, commissions established in another country – by the CEC, no later the 10th day prior to election day.
5. In case by the 45th day prior to election day, for the commissions established in exceptional cases – by the 8th day prior to election day, and for commissions established in another country – by the 19th day prior to election day, the number of PEC members is less than the required number, then the right to elect the commission members within 3 days shall be vested in the superior district election commission (for the first two cases) and CEC (for the third case).
6. The decision of any authorized party to recall a PEC member and appoint a successor shall be submitted to the relevant PEC and higher level DEC and, in the case of commissions established in another country - to the CEC.
7. If after the pre-term termination of the terms of office of any commission member, the party having the right to appoint his/her legal successor does not apply this right, as well as if the terms of office of the commission member elected by the district election commission or by CEC were terminated before expiration of his/her terms of office, and for this reason the number of commission members is less than the required number, then the right to appoint/elect a new member of the commission within 5 days following expiration of the term for nomination of a new candidate for filling up its composition shall be vested in the district election commission or Central Elections Commission, accordingly.
8. The members of precinct election commission shall be elected by the district election commission and CEC by roll-call vote. Each candidate shall be voted separately. A person shall be deemed as elected if voted pro by the majority of the full commission. If the number of those persons exceeds the number required for the elected members, the candidates who have gathered more votes among them shall be elected. If for the equity of votes for some candidates the winner is not revealed, those candidates shall be immediately voted again for revelation of the winner among them. If the winner is still not revealed, the winner shall be determined by casting of lots. If all vacancies are not filled up as a result of the voting, the procedure of nomination of candidates shall commence from the beginning.
9. The decision on appointment/election of a commission member shall specify the name and surname of the elected/appointed commission member and the number of the PEC to which such person was elected/appointed. The decision made by a party on the appointment of a commission member shall be enclosed with:
a) Information on education (higher, secondary), qualification, academic degree (if any), place of residence (according to the Georgian Citizens Identity Card and registration card) of the person elected/appointed as a commission member, as well as the election district and election precinct where such member is registered as a voter, place of employment and the position held by such member; contact address and telephone number (if any);
b) Copy of Citizens Identity (registration) Card;
c) The application signed by the above mentioned person indicating that she/he agrees to be election commission member and meets the requirements of paragraph 5, Article 18 of this Law;
d) Copy of the certificate of Election Administration Officer.
10. Nominated parson shall not be considered as a member of a PEC if the date for submission of documents as specified under this Article is not complied with, or the submitted documents are incomplete or incorrect and the inconsistencies found in the documents have not been corrected within the term established under this paragraph. If the submitted documents fail to meet the requirements prescribed under this Article, the Chairperson of the DEC or CEC (as appropriate), shall, within 2 days, give notice to that effect (specifying any such inconsistencies) to the authority appointing/electing such commission member. The documents with all inconsistencies corrected shall be submitted to the DEC or CEC (as appropriate) within 3 days.
a) Paragraph 1 shall be reworded as follows:
“1. The PEC is a temporary territorial entity of the election administration of Georgia comprised of the subjects as provided for under Article 36 of this Law, the persons appointed/elected by the CEC and the higher level DEC.”;
b) Sub-paragraph “a” of paragraph 2 shall be reworded as follows:
“a) Within the limits of its terms of reference, organize and conduct elections and referendums/plebiscites on the territory of the election precinct, ensure compliance with the Election Code and, during the period of voting, compliance with the procedures established by Election Code, as well as the application and protection of the rights of voters, representatives and observers guaranteed under the Constitution of Georgia and this Law;
21. Article 391 shall be removed.
22. Add to Article 46 paragraph 31 with the following content:
“31. Parties/election blocs registered during general or by-elections in single-mandate election district during mid-term or by-elections, which terms of conduct do not coincide the term of by-elections to be held by proportional election system, in case of nomination of a candidate for the Member of Parliament or participation in the election of local self-governing representative body – Sakrebulo, Gamgebeli, Mayor, the election fund should be opened no later the 45th day prior to election day.
23. In Article 52, paragraph 3 shall be reworded as follows:
“3. The function assigned to any commission member as a result of the casting of lots may be temporarily delegated to any other member with the consent of the commission Chairperson and with a relevant record made in the Record Book (specifying the time of such delegation). If, on the day of voting, the number of commission members proves to be one less than the number of functions to be assigned, then the member regulating the voter flow shall be replaced with an observer elected as a result of the casting of lots. If such number proves to be two less, in addition to the above procedure, the function of putting second signature on the ballot paper shall be transferred to the commission member specified in sub-paragraph “e” of paragraph 1 of this Article. If such number proves to be three less, in addition to the above procedures, the mobile ballot box shall be taken out by only one commission member. If such number proves to be four less, in addition to the above procedures, the Record Book shall be transferred to the commission Chairperson and the Secretary shall perform the function of a commission member. If necessary, the lists of voters shall be distributed among the registrars. Commission Chairperson may reveal the performer of any other function of a commission member by casting of lots among the observers eligible to stay in the polling station, according to their will.”.
a) Paragraph 2 shall be reworded as follows:
“2. Every party/election bloc participating independently in the elections have the right to nominate one candidate for each single-mandate election district for election as a Member of Parliament from the persons in its party list. The exception is the mid-term parliamentary elections and by-elections in single-mandate election district, which terms of conduct do not coincide the term of by-elections to be held by proportional election system where a person who is not in the party list may be nominated as a candidate based on the rule provided in Article 96, paragraphs 9, 13.”;
b) Remove paragraph 4;
c) Add after paragraph 5 paragraph 51 with the following content:
“51. During the mid-term elections of parliament of Georgia and by-elections appointed in single-mandate election district, party/election bloc participating in elections independently, no later the 4th day prior to Election Day should submit to the CEC the application signed by the person (persons) authorized for signature on behalf of the party/election bloc considering the data provided in paragraph 5 of this Article, about the nomination of the candidate for the membership of Parliament of Georgia. The application shall be enclosed with the documentation mentioned in the sub-paragraphs “b” and “c” of paragraph 6 of this Article, while the list of supporters mentioned in sub-paragraph “a” shall be submitted to the relevant DEC within the same terms.”.
a) Paragraph 2 shall be reworded as follows:
“2. A party, which is taking part in elections independently, or an election bloc, has the right to cancel its resolution about nomination of a candidate for membership of the Parliament of Georgia after the authority of the elected MPs is recognized; for those cases when the authority of an MP elected through a party list is terminated, from the moment of termination of the authority until the recognition of the authority of the Member of Parliament who replaces him/her. His/her candidature will be withdrawn by the Decree of CEC Chairperson, based on the application signed by the Head of the party (person determined by the charter of the election bloc), taking part in elections independently, within 3 days term following submitting the application. If the application is not complied within this term, the candidate for the membership of Parliament of Georgia shall be considered as withdrawn from the party list from the next day following expiration of this term.”;
b) Add after paragraph 3 paragraph 31 with the following content:
“31. A candidate running for the membership of parliament of Georgia, has the right to withdraw his/her candidature authority of the elected MPs is recognized; For this, he/she has to submit the relevant application to the Central Election Commission of Georgia. His/her candidature will be withdrawn by the Decree of the CEC Chairperson within 3 days following submitting the application. If the application is not complied within this term, the candidate for the membership of Parliament of Georgia shall be considered as withdrawn from the party list from the next day following expiration of this term.”;
26. In Article 1071 paragraph 1 shall be reworded as follows:
“1. The document on drug control shall be submitted to the CEC no later the 14th day after the Election Day by the candidates for the membership of parliament elected in single-mandate election district and candidates for the membership of parliament of Georgia which have been included in the party lists of parties/election blocs that have passed the election threshold based on preliminary results; The document shall state that the candidate for the membership of parliament of Georgia is not drug addict or drug user. If the person elected as an MP shall not submit to the CEC the document on drug control within this term, or refuses to undergo drug control, if a person was elected as an MP for a single-mandate election district, parliament shall adopt resolution about not recognizing the authority of a member of parliament. On this basis the CEC shall adopt Decree about invalidation of election results in the mentioned election district and shall appoint by-elections within the terms provided in paragraph 5, Article 106 of this Law. If the person was elected as an MP from the party list of a party/election bloc, the successor of such person shall be appointed by the CEC according to Article 106, paragraph 7 and 71 of this Law.
27. Remove following Articles: 1271, 128, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 12810, 12811, 12812
28. Add to the Law paragraph 12813 and 12814 with the following content:
“Article 12813. Terms of setting up Central and District Election Commissions
1. Due to the transition to the rule of professional composition of election administration, the election commissions shall be created within the terms and according to the rule that differs from the rule determined in Chapter IV of this Law.
2. The competition for setting up the Central Election Commission of Georgia shall be announced by the President of Georgia upon Decree no later the 10th of May, 2005.
3. The candidates for the CEC Chairperson/member shall be selected through open competition.
4. The documents for the competition shall be submitted no later the 14th day following announcement of the competition.
5. The list of candidates shall be published within 2 days following the expiration of the term for nomination of the candidates.
6. If at least 2 candidates are not nominated for one vacancy within the term determined by this Law, the competition shall be prolonged for the term during which at least 2 candidates will be nominated for one vacancy.
7. No later the 5th day following expiration of the term for nomination of the candidates, the President of Georgia shall take resolution about selecting the candidates and shall submit to the Parliament of Georgia one candidate for the CEC Chairperson and 2 candidates for each vacancy of the CEC member.
8. Selection process of the candidates for the CEC Chairperson/member that had been submitted to the Parliament of Georgia, shall be conducted within the terms and upon the rule as provided in Articles 27 and 28 of this Law.
9. The list of elected/appointed candidates shall be published within 3 days following election/appointment.
10. The first session of the CEC shall be called by the President of Georgia within 10 days following election/appointment of the CEC members.
11. Within 10 days following its first meeting, the CEC shall issue Decree about competition for setting up the District Election Commission.
12. The candidates for the DEC member shall be selected through open competition.
13. The candidates for the DEC member shall be submitted to the CEC within one month after the first meeting of newly composed CEC.
14. The DEC members shall be elected/appointed by the CEC no later the 20th day following the expiration of the term for nomination of the candidates.
15. The first session of the DEC shall be called by the CEC Chairperson within 10 days following election /appointment of the DEC members.
16. Upon the first meeting of the Central as well as District Election Commission of Georgia which have been created according to this Law and within the terms determined in this Article, the terms of reference of the members of the existing relevant election commissions shall be terminated before this Article comes into effect. Chief administrative officials of the election commissions are obliged to transfer all their business to the newly composed commissions.
Article 12814. Term for the appointment of mid-term and by-election to be held in 2005.
Due to the transition to the rule of professional composition of election administration, mid-term and by-election to be held in single-mandate election districts shall be held in October-November, 2005.”.
a) Paragraph 2 shall be reworded as follows:
“2. Article 18, paragraph 5, sub-paragraph “a” and Article 31, paragraph 3, concerning the possibility of election/appointment of only those individuals in the composition of election commission and its apparatus who have been awarded an election administration officer’s certificate by the Central Election Commission of Georgia, shall become effective from January 1, 2006 for the CEC staff employees and DEC members, and for the PEC members – from July 1, 2006. If before the expiration of the above mentioned terms, the CEC staff employees and the DEC members can not receive Election Administration Officer’s Certificate, after passing this term, terms of reference of those individuals shall be terminated by the Decree of the CEC Chairperson. The certification rule shall be determined by the CEC and certification of the CEC staff employees and DEC members shall be provided until January 1, 2006 and for the PEC members – until July 1, 2006.”;
b) Remove Article 3;
c) After paragraph 4 add paragraph 5 with the following content:
“5.The requirement of compulsory certification does not concern the CEC members elected in 2005.”.
Article 2. This law shall come into force upon its publication.
President of Georgia Mikheil Saakashvili
Tbilisi
22 April, 2005
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