THE ORGANIC LAW OF GEORGIA

UNIFIED ELECTION CODE OF GEORGIA

 

 

As amended - 14 August 2003 and November 2003

 

GENERAL SECTION

 

PART I

CHAPTER I. GENERAL PROVISIONS

Article 1. Purpose of the Law

This Law determines the legal basis of preparing for and conducting elections for the President of Georgia, the Parliament of Georgia, the representative body of local self-governance – sakrebulo, of gamgebeli and mayor. The Law also determines the rights and guarantees of the election participants, the rules for forming election administration and its authority, as well as the rules for adjudication of disputes in cases determined by this Law.

Article 2. Legal Basis of Elections

The legal basis for preparing for and conducting elections for the President of Georgia, the Parliament of Georgia, the representative body of local self-governance – sakrebulo, of gamgebeli and mayor, is the Constitution of Georgia, universally recognised human rights’ principles and standards of international law, this Law, other legislative Acts and legal Acts of the election administration.

Article 3. Definition of Terms

Terms used for purposes of this Law have the following meaning:

  1. Elections – for the purposes of this Law elections are the election process the designation and outcome of which is the election of members of a representative body of public power and public offices by general elections;
  2. Elections conducted through proportional election system – election of members of Parliament and the representative body of local self-governance of Georgia – sakrebulo, based on Party Lists;
  3. Elections conducted through majoritarian election system – election of members of parliament, election of sakrebulo members, gamgebelis and mayors, according to single-mandate or multi-mandate election districts;
  4. Right to vote – active and passive voting right;
  5. Active electoral right/suffrage – the right of a citizen to participate, through voting, in general elections and a referendum held for electing the people’s representatives to a representative body of public power and for electing public officers;
  6. Passive electoral right/eligibility – the right of a citizen to be eligible for election to a representative body of public power and of a public office;
  7. Electoral registration – the registration by the appropriate election commission of parties, election blocs, initiative group of voters and candidates for the participation in elections;
  8. Election subject – a candidate for membership of a representative body of public power or public office, the party, election bloc and initiative group of voters registered by the appropriate election commission;
  9. Election administration – the Central Election Commission of Georgia (CEC), District Election Commissions (DEC) and Precinct Election Commissions (PEC);
  10. Party – a political union of citizens, acting in accordance with the Organic Law of Georgia on Political Unions of Citizens, which is registered by the Central Election Commission of Georgia for the purpose of taking part in elections;
  11. Election bloc – a union of 2 or more Parties registered by the Central Election Commission of Georgia;
  12. Election campaign – unity of the measures undertaken by candidates for becoming election subjects and by election subjects, for the purpose of participating and winning in elections;
  13. Election agitation – calling by Georgian citizens and election subjects upon voters, to support an election subject or not;
  14. Candidate for Presidency of Georgia – a citizen of Georgia, presented by a Party registered by the Central Election Commission of Georgia, or by an initiative group of voters, for the purpose of taking part in elections for the President of Georgia;
  15. Candidate presented through Party list – a citizen of Georgia included in a Party list registered by the Central Election Commission of Georgia for the purpose of taking part in elections into the Parliament of Georgia and the representative body of local self-governance – sakrebulo;
  16. Majoritarian candidate – a citizen of Georgia presented to an electoral district by a party (election bloc) or by an initiative group of voters for the purpose of taking part in elections into the Parliament of Georgia, the representative body of local self-governance – sakrebulo, elections of a gamgebeli or mayor;
  17. Candidate to the position of gamgebeli – a citizen of Georgia presented by a Party (election bloc) or by an initiative group of voters for elections of a gamgebeli;
  18. Candidate to the position of mayor – a citizen of Georgia presented by a Party (election bloc) or by an initiative group of voters for elections of a mayor;
  19. General elections – the regular and off-year universal elections held for electing a representative body of public power or public officeholders in which all the electors of the representative body or public office respectively as specified by this Law may take part;
  20. Regular elections – the general elections being held due to the expiration of the term of office of a representative body of public power or public officeholder within the terms specified by the Constitution of Georgia, this Law, the Constitutions of the Abkhazian and Adjarian autonomous republics, the respective laws;
  21. Off-year elections – the general elections being held due to the early expiration of the term of office of a representative body of public power or public officeholder;
  22. Mid-term elections – the elections being held in order to fill vacancies of a representative body of public power;
  23. By-elections – the elections being held throughout the whole constituency where they failed to be held or were held but the candidate failed to obtain the required number of votes and the law does not provide for the holding of a second ballot or another round of elections; also, where the election returns in the constituency were invalidated and the law does not provide for a second ballot in individual precincts;
  24. Second ballot – the voting being held in the precinct (precincts) where the ballot returns were declared void, or throughout a multi-mandate election district based on party lists, where no party/election bloc has been granted the mandate;
  25. Second round of elections – the voting being held in the cases and within the terms specified pursuant to this Law if the first round of elections has failed to determine the winner;

yą) End of elections – the date of publication of the summary protocol of final election returns (including second-round elections and second ballots) as approved by the appropriate election commission;

y˛) Election day – the day of holding general, mid-term or by-elections;

ył) Polling day – the day of holding elections, second ballot or second round of elections;

  1. Election documents – applications, appeals, letters, business documents, protocols, ballot papers, special envelopes, legal Acts of the election administration, voting licenses, control sheets, registration journals, voters’ lists, voters’ cards and other documents submitted to and issued by the election commissions;

(zą) Packaging of documents – the wrapping or packing of documents in a bale or in a box in a manner making it impossible to take or put the documents out/into the bale/box without spoiling the seal on the stamped bale/box;

(z˛) Seal – a strip of paper attached to the places of opening of a voting device, document box, register, election day record book, indicating the date and time of marking and the signatures of the persons duly authorised under this Law;

  1. Representative body of local self-governance – sakrebulo – the sakrebulo of a village, community, daba, city and a city not included in composition of a rayon.

ab) Local constituency/electoral district – part of an election district being formed for the purpose of holding local self-government elections if the constituency comprises more than one unit of local self-government; the local constituency comprises the whole territory of an appropriate local self-government unit."

Article 31. Calculation of Periods Prescribed by this Law

  1. All periods prescribed by this Law, including the periods of judicial recourse and the periods of a court judgment, starting from the commencement of elections and until their end, are counted in calendar days (including days off and holidays as prescribed by the Labour Code of Georgia).
  2. In the expression "in N days after elections", the words "after elections" imply the calculation of days after the end of the elections.
  3. The expressions " in N days from the given day", " within N days period from the given day ", " not earlier/not later than N days from the given day ", " not earlier/nor later than the Nth day from the given day" imply the calculation of days from the next day of the indicated day.
  4. The expressions "N days prior to the given day", "not earlier/not later than N day prior to the given day", not earlier/not later than the Nth day prior to the given day", imply the reverse calculation of days from the day preceding the indicated day.

Article 4. Basic Principles of Elections

Elections in Georgia shall be held on the basis of universal, equal and direct suffrage, and by secret vote.

Article 5. Universal Suffrage

  1. Elections prescribed by this Law are universal:
  1. Any citizen of Georgia who by the elections has attained or is on the day of election attaining the age of 18 years and who meets the requirements prescribed by this Law enjoys the active electoral right, except for the persons who, under the Constitution of Georgia and/or in accordance with this Law complying therewith (Articles: 10, 56, 110) have restricted suffrage;
  2. Any citizen of Georgia who meets the requirements of this Law enjoys the passive electoral right, except for the persons who, under the Constitution of Georgia and/or in accordance with this Law complying therewith (Articles: 73, 76, 78, 80, 92, 94, 98, 110), have restricted eligibility.
  1. A person who has been declared incapable by the court or is being placed in a penitentiary institution in accordance with a court judgment is not eligible to take part in elections and referendum.

Article 6. Equal Suffrage

  1. Voters take part in elections based on equal grounds.
  2. Every voter of one and the same election district has an equal number of votes.

Article 7. Direct Suffrage

  1. Elections in Georgia shall be direct.
  2. The President of Georgia, members of the Parliament of Georgia and the representative body of local self-governance – sakrebulo, as well as gamgebelis and mayors, are elected directly by voters.

Article 8. Secrecy of the Vote and Free Expression of the Will of the Voters

  1. Elections in Georgia are held by secret ballot.
  2. Any influence which restricts the free expression of the voters’ will, as well as control over expression of the voters’ will is forbidden.

Article 81. Publicity of Elections

  1. The entire electoral process, activities of the election administration, the sources and the amount of funding of the election participants and the election-related expenses shall be open and public.
  2. The open and public conduct of elections is safeguarded by the electoral legislation.

Article 82. Electoral Right Guarantees

  1. It is prohibited to adopt/publish a normative act, which restricts the free expression of a voter's will or interferes with the equality of election participants. Such a normative act may be appealed in the Constitutional Court of Georgia.
  2. Infringement of the electoral legislation may be appealed in the Constitutional Court or general courts of Georgia in accordance with the terms and procedures specified by this Law and other legislative acts.
  3. Offenders of the electoral legislation shall bear administrative or criminal liability.

 

CHAPTER II. REGISTRATION OF VOTERS

Article 9. General List of Voters and its Compilation Procedure

  1. The general list of voters is a list of persons with an active electoral right, who are registered in a manner established by legislation according to election precincts.
  2. The general list of voters shall include the following voter's data:
  1. Family name, given name, father's name;
  2. Date of birth (day, month, year);
  3. Place of registration (address of the permanent residence);
  4. Number and personal number of the Georgian citizenship identity card;
  5. Actual residence (the temporary residence address shall be indicated for an internally displaced person; the indication "on consular registry" shall be made for a person being abroad, or "is abroad" where such a person is not on the consular registry);
  1. 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, and servicemen of a fixed-term and contractual military service, shall be entered at the permanent location of the military compound.
  2. The Central Election Commission is responsible for computer processing of the general list of voters and for placing its part intended for public inspection (family name, given name, father's name, date of birth, place of registration, also place of actual residence for an internally displaced person) on the Internet.
  3. The general list of voters is compiled:
  1. Based on the data available at territorial agencies of the Ministry of Internal Affairs of Georgia concerning the persons registered within the corresponding territory, including the persons attaining the age of 18 years by the day of elections;
  2. Based on the data available at the corresponding agencies of the Ministry of Justice of Georgia (data on the deceased, persons under provisional arrest and in custody);
  3. Based on the data of local self-government and/or administration agencies;
  4. Based on the data on internally displaced persons communicated by the Ministry of Refugees and Settlement of Georgia or by its territorial agencies;
  5. Based on the data communicated by the Ministries of Defence, Internal Affairs, and State Security, the State Department of State Border Protection and the Special State Protection Service concerning the fixed-term and contractual servicemen of the Georgian Armed Forces and military compounds whose service conditions require their location at the address other than their permanent place of residence, which belongs to another populated locality and concurrently to another election district;
  6. Based on the data communicated by authorities of the consular institutions of Georgia concerning the electors being on the consular registry of Georgia
  1. For the purpose of updating the general list of voters the institutions indicated in paragraph 5 of this Article shall, on February 1 and August 1 of each year, furnish the updated or new data on qualified persons to the Central Election Commission of Georgia. The latter shall, based on this information, ensure the updating of the electronic database of the general list of voters.
  2. A qualified party, a monitoring organisation specified by Article 68 of this Law, and voters, are entitled to consult a version of the general list of voters designated for public inspection available at the Central, District and Precinct Election Commissions (the elector has the right to request only the data concerning his/her person and his/her family members for inspection and to make changes thereto) and in case of any inaccuracy to request not later than 23 days prior to election day that proper amendments be made to the voters' data and the list of voters. The inspection of data and the issue of a copy shall be effected under procedures established by statute.
  3. The election administration shall, at its own initiative and on the basis of an application as indicated in paragraph 7 of this Law, review the general list of voters. The District Election Commission shall consider the review results and take an appropriate decision within 5 days after receipt of the application but not later than by the 20th day prior to the elections. A resolution of the Commission concerning amendments to the voters' data/lists shall be reasoned and deliverable to the applicant from the day following the issue of the resolution, where so requested.
  4. A resolution of the District Election Commission concerning amendments to the voters' data/lists shall be delivered to the Central Election Commission and the relevant Precinct Election Commission within a period of 2 days.
  5. A resolution of the District Election Commission denying amendments to the voters' data/lists may be appealed in the appropriate district/city court within 2 days after its issue. Where court decides for the applicant, the court ruling shall, within 3 days but no later than by the 13th day prior to election day, be delivered to the District Election Commission which shall immediately furnish the relevant information to the Central Election Commission and the relevant District Election Commission. The election commissions shall immediately make proper amendments to the voters' lists.
  6. The Precinct Election Commission shall, not later than the day of its first meeting, be furnished with 2 copies of the general list of voters signed by the Chairperson and secretary of the District Election Commission as well as of the final version of the amended lists (versions designated for the election commission and public inspection) not later than by the 10th day prior to election day. The version of the list of voters designated for public inspection shall immediately be posted in the precinct election commission in a conspicuous place.
  7. It is prohibited to make amendments to the voters' list within the last 10 days prior to election day, whereas within the 19th to the 10th day before election day, amendments shall be made only by a courts ruling.
  8. The Central Election Commission and the appropriate election commissions shall ensure publicity and accessibility of the general list of voters under procedures established by Georgian legislation.

Article 91. Determination and Publication of the Total Number of Voters

  1. The total number of voters for parliamentary, presidential and local elections (except for regular presidential elections), as well as for a referendum, is determined according to the latest available information upon announcement of the date of elections/referendum, and according to the latest available information by March 1 of the election year of scheduled presidential elections.
  2. In holding the parliamentary, presidential and local elections (except for scheduled presidential elections) as well as upon conduct of a referendum, the Central Election Commission shall, not later than the 10th day from the announcement of the date of elections/referendum, and not later than March 10 of the year of elections upon holding of the regular presidential elections, make public through mass media and the Internet the total number of voters throughout Georgia and in all its electoral districts. Within the following 10 days the District Election Commission shall make public through local mass media the total number of voters in the electoral district (also in local electoral districts upon local elections) and in all its election precincts.
  3. In holding mid-term parliamentary elections the Central Election Commission shall, upon announcement of their date, make public through mass media and the Internet the total number of voters (according to the latest available information) in the relevant electoral district. The District Election Commission shall, within the following 10 days, make public through local mass media the total number of voters in the electoral district and in all its election precincts.
  4. In holding general parliamentary and presidential elections as well as upon conduct of a referendum, the Central Election Commission shall, not later than the 5th day prior to election day, make public through mass media and the Internet the corrected total number of voters and in each electoral district. The District Election Commission shall, within the same period, make public through local mass media the corrected total number of voters in the electoral district, as well as in all election precincts.
  5. In holding mid-term parliamentary elections the Central Election Commission shall, not later than the 5th day prior to election day, make public through mass media and the Internet the corrected total number of voters and in the relevant electoral district. The District Election Commission shall, within the same period, make public through local mass media the corrected total number of voters in the electoral district, and in each of its election precincts.
  6. In holding local elections the Central Election Commission shall, not later than the 5th day prior to election day, make public through the Internet the corrected total number of voters in electoral district if not comprising local electoral districts and in local electoral districts. The District Election Commission shall, within the same period, make public through local mass media the corrected total number of voters in the electoral district if it does not comprise a local electoral district and in the local electoral districts, as well as in all election precincts.

Article 10. Special List of Voters

  1. The special list of voters includes (the data specified in Paragraph 2, Article 9 of this Law are entered in the list):
  1. Election administration officers who on election day are the election commission members for an election precinct which is not in the election precinct of their registration place;
  2. Voters who on election day are being treated in a hospital or another inpatient center;
  3. Voters who on election day are under preliminary detention;
  4. Voters being at sea on election day (they are enrolled at the port of registration of the vessel);
  5. The voters being abroad on election day who are on the Georgian consular registry; also the voters who are not on the consular registry but, not later than the 21st day prior to election day, will undergo electoral registration in a Precinct Election Commission formed abroad or in a consular institution.
  1. The relevant District Election Commission shall compile a list of the persons specified by subparagraph (a) of paragraph one of this Article by not later than the 15th day prior to election day.
  2. The head of the relevant medical institution shall compile a list of the persons specified by subparagraph (b) of paragraph one of this Article and shall deliver it to the relevant District Election Commission by not later than the 12th day prior to election day.
  3. The head of the relevant penitentiary institution shall compile a list of the persons specified by subparagraph (c) of paragraph one of this Article and shall deliver it to the relevant District Election Commission by not later than the 12th day prior to election day.
  4. The captain of the relevant ship shall compile a list of the persons specified by subparagraph (d) of paragraph one of this Article and shall deliver it to the relevant District Election Commission by not later than the 15th day prior to election day.
  5. The head of the relevant consular institution shall compile a list of the persons specified by subparagraph (e) of paragraph one of this Article and shall deliver it to the Central Election Commission by not later than the 20th day prior to polling. During parliamentary and presidential elections the voter is exempt from the consular charge for consular registration, for the period from the appointment of elections to the 21st day prior to election day.
  6. The head of the appropriate institution shall be responsible for the accuracy of the data entered in the special list, which is to be attested by his/her signature.
  7. The District Election Commission shall deliver the data on the persons entered in the special list as per paragraphs 2 to 6 of this Article by not later than the 2nd day from their receipt to the relevant Precinct Election Commission and the District Election Commission where the voter entered in the special list is registered. The latter is obligated to ensure the making of an appropriate indication in the voters' lists of the election district and the appropriate polling precinct.
  8. In case the voter is entered in the special list a corresponding indication shall be made in the general voters' list of the polling precinct and attested by the signatures of the Chairperson and secretary of the Precinct Election Commission.
  9. The voter entered in the special list takes part:
  1. In both the majoritarian and proportional elections if he/she changes location within the territory of the same electoral district, or of the same local election district in the case of local elections;
  2. In parliamentary elections held under the proportional electoral system, as well as in the presidential and local elections if he/she votes in the territory of another electoral district.

Article 11. Voters' List Supplement (Mobile Ballot Box List)

  1. The voters' list supplement (hereinafter – the Supplement) is compiled on the basis of the general and special lists of voters where:
  1. Due to limited physical ability or health condition, a voter is unable to go to the polling place;
  2. A voter is under preliminary detention;
  3. A voter is being treated in a hospital or other inpatient center where no polling precinct is opened;
  4. A voter is a military servicemen, serving in a military unit located on the state border which is far from the election precinct and where no polling precinct is open
  5. A voter is within the election precinct but at a location that is hard to access.
  1. The Supplement shall include only those incapacitated voters who are unable to come to the election commission independently.
  2. If a voter is entered in the Supplement, the ground of the voter's entry in the Supplement shall be indicated in the general and special voters' lists to be attested by the signatures of the Chairperson and secretary of the Precinct Election Commission.
  3. The Supplement includes the same data, which is contained in the general voters' list, indicating additionally the voter's serial number in the general or special list.

Article 12. Deleted.

Article 13. Publishing of Voters' Lists and the Supplement

  1. On the day of its first meeting, the Precinct Election Commission is obliged to post the list of voters and the procedures established by law for lodging a complaint, while the Supplement should be posted at a conspicuous place at the Precinct Election Commission premises and polling places immediately after its compilation. Responsibility for failure to comply with the given requirement shall be placed on the Chairperson of the Precinct Election Commission.
  2. In the lists indicated in paragraph one of this Article, on the basis of review of the data entered in the lists within the period established by this Law, in the column "Actual Status", along the family name of the voter who:
  1. Is on the Georgian consular registry abroad, shall be indicated "on consular registry";
  2. Is abroad but not on the Georgian consular registry, shall be indicated "abroad";
  3. Is entered in the special list, shall be indicated "commission member", "in hospital", "in preliminary custody" or "at sea";
  4. Is entered in the Supplement, shall be indicated "entered in supplement".

Article 14. Voting Invitation Card

  1. No later than 2 days prior to election day, the Precinct Election Commission is obliged to provide to all the voters registered on the territory of the election precinct and included in the voters’ lists, a voting invitation card, in which shall be included the following:
  1. Date and time of the poll;
  2. Address of the polling place, including the number of the floor and the room;
  3. Number of the voter in the voters’ list;
  4. The rule for submitting a statement or an application by voter, due to health situation or other reasons, on taking part in the poll by means of a mobile ballot box, telephone (fax) number of the Precinct Election Commission and other information.
  1. Non-receipt of a voting card does not constitute grounds for limiting the right to take part in the election.

 

CHAPTER III. ELECTION DISTRICTS AND ELECTION PRECINCTS

Article 15. Election Districts

  1. The number of election districts established for elections of the Parliament of Georgia is 85 single-mandate election districts; 10 of these are in the city of Tbilisi, and 75 shall be established in accordance with the administrative-territorial division.
  2. For local self-government elections the Central Election Commission of Georgia shall form local electoral districts on the territory under the electoral district's jurisdiction, where the electoral district comprises more than one local self-government unit. Every local electoral district comprises the whole territory of the relevant local self-government unit.
  3. For local self-government elections the city of Tbilisi constitutes one local electoral district comprising all the ten electoral districts of Tbilisi.
  4. For local self-government elections the cities of Batumi, Rustavi, Sukhumi, Kutaisi and Tskhinvali each constitutes a single local election district comprising the entire territory of the relevant city.
  5. Deleted.
  6. The Central Election Commission shall form electoral districts, define their boundaries, names and numbers no later than 105 days prior to the expiration of the authority of the Parliament of Georgia, and shall make public the relevant information of the district boundaries within 5 days. The revision of the electoral district boundaries shall take place no later than 75 days prior to the expiration of the authority of the Parliament of Georgia and the relevant information shall be made public within 3 days after the revision has been completed.

Article 16. Election Precincts

  1. For the purpose of conducting the election and counting the votes, an election district is divided into election precincts.
  2. An electoral precinct is formed for a minimum of 20 and maximum of 2,000 voters. The relevant District Election Commission shall form electoral precincts, define their boundaries, names and numbers no later than 75 days prior to the expiration of the authority of the Parliament of Georgia, and shall make public the relevant information stating the precinct boundaries within 5 days. The District Election Commission, based on the data of the bodies of local self-government and administration, shall compile and revise a list which includes the addresses of all the residential buildings and all those buildings within the election precinct which the election administration may use for election purposes.
  3. In exceptional cases (a military unit, a hospital and other inpatient clinic encountering over 50 voters each, a ship at sea on the election day, etc), an electoral precinct may be formed not later than the 15th day prior to the polling. The hospital (inpatient center), military unit (compound), where the number of voters (servicemen, patients) does not surpass 50, by the ordinance of the District Election Commission shall be attached to the closes electoral precinct. Based on a written request, including reasons for the request, of the commander of the relevant military agency and subject to the ordinance of the relevant District Election Commission, an electoral precinct may be formed in such a military unit (compound), where the number of voters (servicemen) surpasses 50.
  4. Revision of the boundaries of election precinct and of the list and addresses of the buildings located within it, shall be carried out by the District Election Commission based on the data and revision by the corresponding self-government bodies operating on the territory of a region, city, and municipal district by no later than the 50th day prior to election day. The revised boundaries shall be made public within 3 days after the revision has been completed.
  5. Election precincts on ships sailing on election day, as well as in military compounds, are established by the rules determined by this Law, according to the ports of registration of relevant vessels and location of the military compounds.
  6. Election precincts existing outside Georgia, are established by the Central Election Commission, based on the data of the Ministry of Foreign Affairs, no later than 30 days prior to election day. Upon the same ordinance, the Central Election Commission decides the issue of attributing these precincts to election districts. These electoral precincts shall be assigned Electoral District No. 01.
  7. The District Election Commission shall, after 5 days from forming the electoral precinct in the case envisaged in paragraph 3 of this Article shall within 2 days make public the numbers, addresses, telephone and fax numbers and other information of these electoral precincts through the mass media.

CHAPTER IV. ELECTION ADMINISTRATION

Article 17. Status and System of Election Administration of Georgia

  1. The election administration of Georgia is a legal entity of public law, which is established in accordance with this Law and exercises public authority within the limits of its competence specified by the same Law.
  2. The election administration shall comply with obligations imposed by electoral legislation and ensure the conduct of a referendum on the basis thereof, the holding of general elections of members of the representative bodies of public power and of public office, the unimpeded exercise by referendum participants of their legitimate rights. The election administration shall supervise the implementation of the election laws and ensure their uniform implementation within the limits of its authority throughout Georgia.
  3. The election administration is independent, within the limits of its authority, from other government agencies.
  4. The election administration is a centralised system composed of the Central Election Commission of Georgia (CEC in brief), the Central Election Commissions of the Abkhazian and Adjarian autonomous republics, District Election Commissions (DECs), Precinct Election Commissions (PECs), and the apparatus of these commissions (except for the Precinct Election Commission). The Central Election Commission of Georgia is the supreme body of the election administration of Georgia.
  5. The procedure for forming election commissions and their authority are determined under this Law, except for the Central Election Commissions of the Abkhazian and Adjarian autonomous republics. The latter's forming procedure is determined pursuant to the related law of the autonomous republic, their authority being determined under this Law and the law of the autonomous republic.
  6. The Central Election Commission is accountable to the Parliament of Georgia. Within 60 days after the end of the elections, the Central Election Commission shall submit to the Parliament of Georgia a report regarding the offences against the election law committed in the course of the elections, the offending public officials, the cases referred to the Prosecutor's Office by the Central Election Commission and DECs, the complaints lodged by the commissions in the courts of law, and the related court judgments.
  7. The authority to review the legality of the election administration’s activities is vested with a temporary parliamentary commission, where the number of the parliamentary majority representatives shall not be more than half. In the absence of such majority, the commission shall be equally represented by members of the parliamentary coalitions and factions, which are not united into a coalition and the number of which is not less than 10. Where electoral law offences are detected, the commission shall be authorized to file an appeal with the general court, while in cases where the elements of crime are found, the commission shall refer the case to the Prosecutor-General's Office of Georgia.

Article 18. Composition of Election Administration

  1. An election commission consists of the commission Chairperson, Deputy Chairperson, commission secretary and other members.
  2. Members of the election commission and staff are officials of the election administration.
  3. A member of the election administration may not join a party, and where he was a party member, he is obliged to withdraw from the party or suspend membership thereof for the term of his office in the election administration.
  4. A member of the District election Commission (except for the commission Chairperson) and a member of the Precinct Election Commission are non-staff employees of the relevant District Election Commission.
  5. Employees of the Central Election Commission of Georgia, except for auxiliary employees and employees who are not on the permanent staff, are civil servants.

51. In terms of official rights, duties and responsibility, activity in the election administration is regarded as civil service. 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 employee may not be engaged in a government agency or institution of other country.

  1. Only qualified voters may be appointed/elected as members of the Central Election Commission and District Election Commission, except for:
  1. A person who has not been awarded the election administration officer's certificate;
  2. A person who has been dismissed from commission membership by the election commission or the court for violating electoral legislation;
  3. A person whose violation of electoral legislation have been proved and upheld by the court;
  4. A person who had been tried for a grave criminal offence and has not been cleared of a criminal record;
  5. Heads and deputy heads of the bodies of executive power;
  6. Heads and deputy heads of the local government bodies;
  7. Employees of the Ministry of Internal Affairs, the Ministries of Defence and State Security, the Departments of Intelligence and State Border Protection and the Special State Protection Service of;
  8. Judges and assistants to judges;
  9. Employees of the Prosecutor's Office (except for the technical and auxiliary personnel);
  10. Election subjects and their representatives;
  11. Domestic and international observers.
  1. According to the cases prescribed and the procedure established by this Law, the following entities shall have the right to appoint/elect a member to the election commission:
  1. The Parliament of Georgia;
  2. The President of Georgia;
  3. The higher representative body of an autonomous republic;
  4. The higher level election commission;
  5. A party.
  1. In case a person has been appointed/elected an election administration employee, such person is obliged to comply with the requirements of activity restriction and official inconsistency prescribed by paragraphs 3 and 51 of this Article within the period of 7 days.

Article 19. Rights and Responsibilities of Election Commission Members

  1. A member of an election commission is obliged to take part in its activities as of the day of his/her appointment (election) as a commission member.
  2. A member of a District or Precinct Election Commission is obliged to sign the summary protocol of the voting and election results and, in a case where he/she does not agree with the data included in the protocol, is authorized to make a relevant note on the same line with his/her signature and attach their dissenting opinion to the protocol, in written form.
  3. A member of the election commission is not a representative of his/her appointing/electing subject. In his/her activities such person shall be independent and subordinate only to the Constitution of Georgia and the Law. Any influence on the election commission member or interference with his/her activities is prohibited and punishable by law.

Article 20. Term of Office of Election Commission Member

  1. The term of office of a Central Election Commission member commences as of the day of the first meeting of the newly established commission and expires immediately upon the first meeting of the Central Election Commission established following the next elections of the Parliament of Georgia.
  2. The term of office of a DEC member commences as of the day of the first meeting of the newly established commission and expires immediately upon the first meeting of the DEC established following the next elections of the Parliament of Georgia.
  3. The term of office of a PEC member commences as of the day of the first meeting of the newly established commission and expires immediately upon the completion of all procedures envisioned by the Law in the election precinct.
  4. The first meeting of the newly established Central Election Commission is held from January 3 to 8 of the year following the parliamentary elections. The first meeting of the newly established District Election Commission is held from February 11 to 18, while that of the Precinct Election Commission is not held earlier than the 40th and not later than the 35th day prior to the day of the general and mid-term elections (exceptions are the election precincts established as per paragraphs 3 and 6 of Article 16 of this Law, where the first Precinct Election Commission meeting is held not later than the 3rd day after the commission has been formed). The first Central Election Commission meeting is convened by the President of Georgia; the first District Election Commission meeting by the Central Election Commission Chairperson, and the first Precinct Election Commission meeting by the relevant Precinct Election Commission Chairperson (exception is the Precinct Election Commission formed abroad, where the first meeting is convened by the Central Election Commission Chairperson).
  5. In case of an early expiry of the term of office of an election commission member, his/her successor shall be appointed/elected for the remaining term of office. The term of office of the successor shall commence from the moment a decision on the appointment/election of such member is delivered to the relevant commission.

Article 21. Termination of the Term of Office of Election Commission Member, Chief Administrative Officer of the Commission and Appointment/Election of Successors Thereof

  1. The term of office of an election commission member is terminated from the day after the expiry of their term of office as per Article 20 of this Law, by ordinance of the higher election commission Chairperson. The term of office of a CEC member is terminated by ordinance of the Chairperson of the newly established Central Election Commission.
  2. The term of office of a member of the District or Precinct Election Commission is terminated prior to its expiration by ordinance of the higher election commission Chairperson; of a Central Election Commission member, by ordinance of the CEC Chairperson; and of the CEC Chairperson, by ordinance of the CEC in the cases as follows:
  1. Upon resignation from office - an application for resignation of a District or Precinct Election Commission member is submitted to a higher election commission, while that of a CEC member – to the CEC itself and shall be accepted not later than 3 days after its receipt. If the application is not accepted within this period, the applicant shall be deemed as resigned from the day following the expiration of this period;
  2. If a commission member has failed to suspend inconsistent activity and/or office-holding by the time prescribed by paragraph 8 of Article 18 of this Law – from the day following the expiration of this period;
  3. If a commission member has occupied an office incompatible with his/her status (as per Article 18 of this Law) – from the day of occupying such office;
  4. If a commission member is engaged in the activity inconsistent with his/her status (as per Article 18 of this law) – from the day such fact is revealed;
  5. If a commission member has acquired the status inconsistent with the member's status (as per subparagraphs (j) and (k), paragraph 6 of Article 18 of this Law) – from the date such status is acquired;
  6. If the data contained in the statements, decisions and their supplements indicated in paragraph 5 of Article 28, paragraph 7 of Article 33, paragraph 9 of Article 37 and paragraphs 9 to 12 of Article 391 of this Law are found incorrect – from the date such fact is revealed;
  7. 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;
  8. 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;
  9. Upon recall of a member of the Precinct Election Commission by the appointing party – from the day the statement of recall is submitted;
  10. If the status of a commission member, as of an elector, has been revoked under the grounds stipulated by this Law – from the day the relevant grounds originate.
  1. The term of office of a member of the District or Precinct Election Commission is terminated before it is due by ordinance of the higher level election commission, while of a CEC member – by ordinance of the CEC itself, from the day the commission makes such decision in the cases as follows:
  1. Upon violation of electoral legislation;
  2. Upon regular or gross violation of the election administration regulations;
  3. Upon failure to perform the duties of an election commission member during the poll, upon missing the summary meeting to count the final election/polling results, upon failure to attend 3 commission sessions in a row, without a valid excuse
  1. The recall of a PEC member during the last 7 days prior to election day is prohibited.
  2. The authorised election commission and its Chairperson shall consider and decide on a matter of early termination of the term of office of an election commission member by not later than the day following the receipt of a notice evidencing the grounds specified in this Article. A decision on the early termination of the term of office of a commission member (except for the case of resignation from the office) shall be taken by a majority of all the then remaining members of the Commission.
  3. In case of early termination of the term of office of an election commission, the member's successor is appointed/elected by the person who had appointed/elected the member. In such case, the President of Georgia and the party shall appoint the commission member within 10 days, or within 5 days if the elections have started. The higher representative bodies of the Abkhazian and Adjarian autonomous republics elect a CEC member during the nearest session week. If, however, such situation has been created after the elections started and it has coincided with a non-session period, an extraordinary session will be called to elect a new commission member within 7 days. In case the period specified by this paragraph is exceeded, the above-mentioned subjects lose the right to appoint/elect a commission member. The Parliament of Georgia elects a commission member(s) within the period fixed pursuant to Article 28 of this Law. The CEC shall do the same within 10 days after expiration of the candidate's nomination term, or within 3 days where the elections have started, and the DEC – within 3 days after expiration of the candidate's nomination term.
  4. Upon resignation of an election commission Chairperson, Deputy Chairperson or Secretary from the office held an appropriate statement shall be submitted to the same election commission. The commission Chairperson's term of office terminates before due by ordinance of the same commission, that of the Deputy Chairperson and Secretary – by ordinance of the commission Chairperson within not later than 3 days after the statement receipt. If the statement is not satisfied within the mentioned period, the commission member is deemed to have resigned from the office as of the day following the expiration of the period.
  5. Chairperson, Deputy Chairperson or Secretary of an election commission may be dismissed by ordinance of the same or higher level election commission on the basis of a reasoned request of at least a third of the current members (active roll) of the commission, if he/she does not comply or is not capable to comply with his/her responsibilities, or in case of deficiency in his/her activities, by not later than the 7th day from such request.

Article 22. Rules for the Work of an Election Commission

  1. The rules for the work of election commissions is determined by this Law and by the regulations of the relevant commission, which is passed through a Decree of the Central Election Commission.
  2. Deleted.
  3. In case of the absence of the Chairperson of an election commission, or under delegation of the Chairperson, his/her duties are carried out by the Deputy Chairperson.
  4. The frequency of election commission sessions is determined by the relevant commission. In case of necessity, an extraordinary session is called by the Chairperson or Deputy Chairperson.
  5. Sessions are chaired by the Chairperson or Deputy Chairperson.
  6. A session has authority, if it is attended by a majority of the current members (active roll) of the commission.
  7. A decision of the commission is considered to have been taken if it is supported by a majority of those attending and voting (unless the Law provides for a higher quorum), but by not less than a third of the current members (active roll).
  8. In case of equal division of votes, the vote of the session’s Chairperson is decisive.
  9. Staff issues are decided at a session by a majority of the commission’s current members (active roll of the commission).
  10. Minutes for the session are compiled, which are signed by the session’s Chairperson and the commission secretary.
  11. The session Minutes are processed within 2 days of the date of the session.
  12. A member of an election commission, who does not agree with a decision of the commission, has the right to express a dissenting opinion in written form, which is attached to the Minutes of the session. The member who has a dissenting opinion, is obliged to respect and obey the decision made by the commission. He/she does not have the right to prevent, by his actions, the execution of this decision.
  13. The Central Election Commission of Georgia passes Decrees by 2/3 of the current members (active roll) of the commission. Passing of a Decree is inadmissible less than 4 days before the poll.
  14. Deleted.
  15. An election commission accepts, issues and registers documents until 6 p.m. on working days, except for those cases envisaged by this Law.
  16. On acceptance of an application (complaint), the date and time of its acceptance is noted in the registration journal of the commission and on the acknowledgement receipt issued to the applicant (complainant). The commission adjudicates the application (complaint) and makes an appropriate decision.

161. The applicant (complainant) shall confirm receipt of the acknowledgment receipt for any document from the commission by signing in the registeration journal.

  1. An election commission is authorized not to consider an application (complaint), if the deadline and procedure for submission has been violated.

Article 221. Selecting the Chief Administrative Officers of Election Commissions

  1. Within 5 days from the first commission meeting, the election commission shall elect from among its members for the term of office of the commission a Chairperson of the election commission. The Deputy Chairperson and Secretary of the commission, shall be elected within 3 days from the Chairperson's election. Elections shall be held by a roll-call vote of the majority of its total number.
  2. A candidate for the election commission Chairperson may be nominated by more than a fourth of the total number of members of the commission; that for Deputy Chairperson, by the commission Chairperson. A candidate for the commission Secretary may be nominated by the commission Chairperson and by over a fourth of the total number of members of the commission. One and the same candidate may only be nominated twice.
  3. If within the period determined under paragraph 1 of this Article the commission fails to elect the commission Chairperson, Deputy Chairperson or Secretary, official duties of such an officeholder until his/her election shall be discharged by the commission member who has obtained the largest number of votes. If the votes are equally divided, the officeholder shall be determined between the candidates by drawing lots.
  4. If the term of office of the commission Chairperson, Deputy Chairperson or Secretary is terminated before its expiration, the commission by not later than the 15th day (or in 3 days, where the elections have started) shall elect his/her successor. Duties of the commission Chairperson prior to his/her election shall be discharged by the Deputy Chairperson or by a person specified under paragraph 3 of this Article in case of the absence of the Deputy Chairperson. If the Deputy Chairperson or Secretary has not been elected with the period specified by this paragraph, his/her official duties prior to his/her election shall be discharged by the person specified by paragraph 3 of this Article.
  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 Chairperson or Deputy Chairperson needs to be performed, the commission shall immediately elect from among its members an acting Chairperson/Deputy Chairperson 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.

Article 23. Compensation for Members of the Central Election Commission of Georgia

  1. The Chairperson, Deputy Chairperson, commission secretary and other members of the Central Election Commission of Georgia are paid salaries from the State budget of Georgia, for the whole term of their authority.
  2. Staffing of the CEC is approved by the CEC, on submission by the Chairperson, while its budget, is approved by the Parliament of Georgia on submission by the CEC.
  3. Extra time and overtime work of members of the Central Election Commission of Georgia is compensated by an amount determined by the Central Election Commission, from the funds allocated for the conduct of elections.

Article 24. Compensation for Members of District and Precinct Election Commissions

  1. The Chairperson of the District Election Commission is paid a salary from the State budget for the whole term of their authority.
  2. The DEC Deputy Chairperson, Secretary, Accountant and Lawyer are paid for the whole period of the preparation and conduct of elections, while other commission members (by ordinance of the commission Chairperson) for 15 days from the 10th day prior to election day, and in the case of a second ballot and/or holding of a second round of elections, for 7 days from the 2nd day prior to the election day (for the second ballot or second round) from the funds allocated for the conduct of elections.
  3. The PEC Chairperson, Deputy Chairperson and commission Secretary are paid for the whole period of the preparation and holding of elections, and other commission members (by ordinance of the higher level DEC commission Chairperson) for 30 days from the 30th day prior to election day and in the case of a second ballot and/or holding of a second round of elections, for 4 days from the 2nd day prior to the election day (for the second ballot or second round) from the funds allocated for the conduct of elections.
  4. The remuneration paid to members of District or Precinct Election Commissions is determined by the Central Election Commission.
  5. Extra time and overtime work of members of District or Precinct Election Commissions is compensated by an amount determined by the Central Election Commission of Georgia.

Article 25. Legal Acts of Election Administration of Georgia

  1. Legal acts of the election administration of Georgia are:
  1. Decrees and ordinances of the CEC, ordinance of the CEC Chairperson, ordinance of the CEC Secretary;
  2. Ordinances of the DEC, ordinance of the DEC Chairperson, ordinance of the DEC Secretary;
  3. Ordinances of the PEC, ordinance of the PEC Chairperson, ordinances of the PEC Secretary.
  1. A decree of the CEC is a subordinate normative act, which may be passed only in cases directly stipulated by this Law. Decree may also be passed in exceptional cases, from the commencement until the end of elections, if matters required for the holding of elections and not envisaged by this Law shall be necessarily settled. A manual describing individual election procedures may also be approved by a decree which shall not contain a norm differing from the one established by this Law or a new norm, and which may contain only a detailed description of procedures specified by this Law.
  2. A CEC decree is considered as having been passed if supported by at least two-thirds of the current members (active roll) of the commission. The decree shall be signed by the Chairperson of the relevant CEC session and the commission Secretary. A CEC decree shall become effective at midnight on the day of publication in the official Georgian gazette "Sakartvelos Sakanonmdeblo Matsne", unless the decree itself has provided a later date.
  3. Ordinances of the election commission, its Chairperson and Secretary are individual legal acts, which are adopted in the cases and within the limits prescribed by this Law and a CEC decree. A Commission ordinance is signed by the Chairperson of the relevant Commission session and the Commission Secretary, other ordinances being signed by the person issuing them. Unless this Law provides for a different quorum, the commission ordinance shall be considered as having passed if supported by a majority vote of those present and voting, but by not less than a third of the current members (active roll) of the commission.
  4. Decisions adopted by the Central, District and Precinct Election Commissions of Georgia and their officials shall within the limits of their authority be binding on the whole territory of Georgia, of an election district and election precinct respectively.

Article 26. Composition of Election Commissions

  1. The Central Election Commission and District Election Commissions are formed with at least 7 members. The Precinct Election Commission is formed according to the number of voters in the precinct with at least 9 to 13 members to be appointed/elected by the subjects specified by this Law within the periods and in accordance with the procedures established by this Law.
  2. A PEC shall be formed with at least:
  1. 9 members, where the number of voters in the precinct does not exceed 400, also in the cases specified by paragraphs 5 and 6 of Article 16 of this Law;
  2. 10 members, where the number of voters in the precinct does not exceed 800;
  3. 11 members, where the number of voters in the precinct does not exceed 1,200;
  4. 12 members, where the number of voters in the precinct does not exceed 1,600;
  5. 13 members, where the number of voters in the precinct exceeds 1,600.

Article 27. Formation of the Central Election Commission of Georgia

  1. Those having a right to appoint/elect members of the Central Election Commission are:
  1. Of two members - the President of Georgia;
  2. Of one member each – the Supreme Council of the Abkhazian Autonomous Republic and the Republican Council of the Parliament of the Adjarian Autonomous Republic;
  3. Of two members each – any party which participated in the last parliamentary elections, which was participating independently or was joined in an election bloc and was ahead of others in the list of bloc members (if the party listed first has waived the right to appoint such member, this right shall be transferred to the second in the list and etc) on condition that the party/election bloc has obtained at least 7% of the votes in the last parliamentary elections. If the number of such parties/election blocs is less than 5, it shall be made up to the required minimum of 5 with the parties having the next best results (in order of priority established by descending order of the votes obtained) which were participating in elections independently or were joined in an election bloc and were ahead of others in the list of bloc members (if the party listed first has waived the right to appoint a commission member, the right is transferred to another party, etc) on condition that they have obtained over 3% of the votes. If in such cases the number of parties entitled to appoint a commission member fails to reach 5, all the parties specified in this paragraph shall be entitled to appoint one additional member to the commission.
  1. If some of the parties, who, under paragraph 1 of this Article have appointed a CEC member, join in one election bloc for the next parliamentary elections, the authority of the members appointed by such bloc of parties shall be suspended as of the bloc's registration date, other than the member(s) appointed by the party listed first in the list of bloc members. (if the party listed first has waived the appointment of a commission member, the right shall be transferred to another party, etc). If, however, the parties join in one election bloc for local elections, the members appointed by such bloc of parties shall forfeit the right to consider and settle election-related matters as of the date of the bloc’s registration, except for the member(s) appointed by the party listed first in the list of bloc members (if the party has waived the appointment of a commission member, the right shall be transferred to another party, etc).
  2. If any subject specified in paragraph 1 of this Article fails to appoint/elect and submit to the relative body a commission member by the due time, such subject shall forfeit the right to appoint/elect a commission member. If, as a result of the above, the commission is found to have less than 7 members, the Parliament of Georgia shall make the CEC membership up to the required minimum of 7.

Article 28. Appointment/Election of a Member of the Central Election Commission of Georgia by President of Georgia, Supreme Council of the Abkhazian Autonomous Republic, Republic Council of the Parliament of the Adjarian Autonomous Republic and Party

  1. An ordinance of the President of Georgia, decree of the Supreme Council of the Abkhazian Autonomous Republic, decree of the Republican Council of the Parliament of the Adjarian Autonomous Republic and decisions of the party authorized under Article 27 of this Law regarding the appointment/election of a CEC member shall be submitted to the CEC within the period December 1 to 15 of the parliamentary elections year. The CEC shall make public the list of the appointed/elected members prior to December 20.
  2. If by December 16 of the year of the parliamentary elections, the CEC membership is less than 7, the CEC Chairperson shall immediately inform the Parliament of Georgia thereof. Prior to December 26 the Parliament of Georgia shall elect the required number of CEC members to make the Commission membership up to the minimum required of 7.
  3. If a subject entitled to appoint a successor to a CEC member fails to exercise this right after the early expiration of the CEC member's term of office and as a result, the commission membership falls below the required minimum of 7 members, the Parliament of Georgia shall elect a new member in order to make the Commission membership up to the minimum required of 7 at the earliest session week. If such a situation is created after the commencement of the elections and coincides with a non-session period of the parliamentary work, an extraordinary parliamentary session shall be called to elect a new member within 7 days.
  4. In the cases indicated in paragraphs 2 and 3 of this Article a parliamentary faction and a group of at least a ten MPs, who are not members of any faction, shall have the right to nominate one candidate. Voting for each candidate shall be done separately. The candidate who is supported by a majority of the total number of members of the Parliament shall be deemed elected. If the number of nominees exceeds the number of seats, the candidates with the best results shall be deemed elected. If no candidate is elected because of a tied vote, a second vote shall be taken to determine the winner between the candidates. If another tie results, the winner shall be determined between the candidates by drawing lots. If as a result of the vote all the commission vacancies are not filled, another vote shall be taken. If the vacancy still remains unfilled, the candidates' nomination procedure shall begin anew. The Parliament of Georgia shall make public the list of the commission members within 5 days of their election.
  5. The decision specified by paragraphs 1 to 3 of this Article shall state the given name and family name of a person appointed/elected as a commission member. The decision shall be appended with:
  1. Information indicating education, qualification, academic degree (if any); address (according to the Georgian Citizens Identity Card and registration card); place of employment and position held; contact address and telephone number;
  2. A photocopy of the Georgian Citizens Identity Card and registration card, if available;
  3. A statement, handwritten and signed by the above person, indicating that he/she agrees to be a commission member and meets the requirements prescribed by paragraph 6 of Article 18 of this Law, as well as the number and date of issue of the Election Administration Officer's Certificate;
  1. The nominated person shall not be considered as a commission member if the date for submission of document(s) as specified under paragraph 5 of this Article is not complied with or the documents are incomplete or incorrect and the inconsistencies found in the documents have not been corrected within the term specified in this paragraph. If the submitted documents fail to meet the requirements prescribed by this Article, the CEC Chairperson shall, within 2 days, give notice to that effect (specifying any such inconsistencies) to the person who has appointed/elected the commission member. The corrected documents shall be submitted to the CEC within 3 days.

Article 29. Authority of the Central Election Commission of Georgia

  1. The Central Election Commission:
  1. Shall, within the limits of its authority, ensure the conduct of elections and referendums, monitor the implementation of the election legislation and guarantee its uniform application throughout Georgia;
  2. Shall, by decree, approve the election administration regulations;
  3. In exceptional cases, where the observance of the requirements prescribed by this Law become impossible, may, by decree, determine a new timetable for election activities in an election district and submit, if necessary, to the President of Georgia a proposal for the appointment of a new date for the elections;
  4. Shall, by decree, determine the rules for the participation and usage of governmental and non-governmental mass media in the election process and monitor the implementation of these rules in accordance with this Law and other Georgian laws;
  5. Shall, by ordinance, establish election districts and define their boundaries;
  6. In case of necessity and for resolution of particular issues, may, by ordinance, to be passed by at least two-thirds of the total number of all members, set up a special group and define the limits of its authority and the period of its activity thereof;
  7. In case a subordinate election commission does not or cannot perform the obligations imposed on them by the law, may, by ordinance to be passed by at least two-thirds of the total number of all members, decide to terminate the authority of the commission transfer that authority to a special group set up for exercising such authority until a new commission is elected;
  8. Shall, by decree, determine the rules for the allocation and use of funds allocated for the conduct of elections and referendums;
  9. Shall, by ordinance, determine the form of election and referendum ballots; texts of the ballots designated for elections of the Parliament, of the President, Tbilisi City Sakrebulo and referendum; 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;
  10. Shall ensure the production of election related documents, ballot boxes, special envelopes and seals for election commissions and their delivery to DECs;
  11. Shall, by ordinance and in accordance with the terms prescribed by this Law, determine a timetable for election activities;
  12. Shall, by ordinance, appoint off-year, by-elections and mid-term elections, second ballots, second round of elections;
  13. Shall, at its own initiative or based on an application/complaint, inspect the legitimacy of decisions taken by election commissions and their officials; in case any violation is detected, shall, by ordinance, revoke or change such decisions (except for the ones concerning the consolidation of the election results);
  14. 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 and shall, by ordinance, approve the summary protocol of the CEC;
  15. Shall, by ordinance, approve a DEC ordinance concerning the election of an Member of the Parliament of Georgia (single-mandate district), the election of the Sakrebulo members – the representative body of local self-government (other than that of Tbilisi City Sakrebulo), and the election of a gamgebeli/mayor, unless the DEC ordinance has been altered by a decision of a court of law;
  16. Shall ensure computer processing of the voting/election results communicated by DECs and their immediate placement on the Internet; in case the decision as per subparagraph (m) of this paragraph is adopted, it shall also be placed on the Internet;
  17. Shall, by ordinance, grant the election/referendum 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 this Law;
  18. Shall manage the activities of DECs, regularly hear their reports;
  19. Shall manage and control the provision of premises, communication facilities, transport and other matters of logistics with respect to election commissions;
  20. Shall ensure the publication and distribution of information materials;
  21. Shall ensure the conduct of seminars and training courses for improving election administration officers' skills;
  22. Shall, in the manner established by this law, consider election-related applications and complaints and take the appropriate decisions within the limits of their authority;
  23. Shall be responsible for the formation of the general list of voters, its computer processing and placement on the Internet of the part designated for public inspection (the family name, given name, father's name, date of birth, registration address, also the actual address of an IDP);
  24. Shall exercise other authority granted under this Law.
  1. All CEC decrees are published in the Georgian Official Gazette (Sakartvelos Sakanonmdeblo Matsne) and may also be published by other mass media. The CEC ordinance relating to the issues as per subparagraphs (e) to (g), (k) to (o), and (q), as well as the CEC Chairperson's ordinance relating to the issues as per subparagraphs (e) and (f) of paragraph 2 of Article 30 of this Law shall be published within 3 days of their issue.
  2. The Central Election Commission of Georgia is authorized to adopt a decree on other issues related to election procedures which have not been envisaged by this Law.

Article 30. Powers and Authorities of the Chairperson, Deputy Chairperson and Secretary of the Central Election Commission of Georgia

  1. The CEC Chairperson shall be the highest officer of the Election Administration.
  2. The CEC Chairperson shall:
  1. Administer all administrative functions in the CEC;
  2. Chair CEC sessions;
  3. Disburse the funds of the CEC;
  4. Delegate duties to the Deputy Chairperson, Secretary, other CEC members and employees of the Apparatus in accordance with the Regulations of Election Administration;
  5. Register the parties and election blocs participating in the elections, as well as initiative groups of voters (for the Presidential Elections of Georgia), their representatives in the CEC and issue relevant registration certificates thereto;
  6. Register candidates for the elections for the President of Georgia, party lists for the elections of the Parliament of Georgia and Tbilisi City Sakrebulo, the candidates nominated by the parties/election blocs for single-mandate districts (for parliamentary elections) and issue relevant certificates to the candidates specified in this subparagraph;
  7. Issue the appropriate verification certificate to the elected President of Georgia, members of the Parliament of Georgia, members of Tbilisi City Sakrebulo; and in case of termination of authority of any of the members of the Parliament elected through a party list or of Tbilisi City Sakrebulo before the expiration of the term of such authority – to the successors thereof;
  8. Submit to the Interim Credentials Commission set up under the newly elected Parliament of Georgia or, after establishing the relevant Standing Committee, to such Standing Committee, the documentation necessary for verifying the authorities of the persons elected as the Members of the Parliament;
  9. If the authority of any of the CEC members elected by the Parliament is terminated before the expiration of the term established for such authority and, for this reason, the number of CEC members becomes less than 7, the CEC Chairperson shall give notice to the Parliament to that effect on the date following the date of such termination;
  10. Exercise other powers and authorities granted thereto under Election legislation.
  1. The CEC Deputy Chairperson shall:
  1. Perform the duties assigned to the CEC Chairperson, if the CEC has no such Chairperson or the incumbent Chairperson is unable to perform such duties;
  2. Exercise some particular authorities of the CEC Chairperson according to an ordinance issued by such CEC Chairperson and with the consent of the CEC (such ordinance shall specify the scope and term of the authorities so assigned).
  1. The CEC Secretary shall:
  1. Distributes election documents and all correspondences submitted to and addressed to the CEC;
  2. Register the representatives of any party/election bloc participating independently for the elections for the Parliament of Georgia and Local Self-Governments, as well as the parties or initiative groups of voters nominating candidates for the election of the President of Georgia and issue the relevant certificates thereto;
  3. Register observers to the CEC appointed by any union/foundation/international organization having the status of observer for the elections/referendum and any other observers appointed by the government of foreign State authorities;
  4. Ensure accreditation of mass media representatives;
  5. Draw up the protocols summarizing the election results;
  6. Exercise any other powers and authorities granted thereto under the election Law.

Article 31. Apparatus of the Central Election Commission of Georgia

  1. The Apparatus of the Central Election Commission of Georgia shall be established for the purpose of ensuring organization, legal and technical support of elections.
  2. The Apparatus structure, rules for its activities and its authorities are determined by the regulations of the Central Election Commission.
  3. It is inadmissible to accept into the Apparatus a person, who has not been awarded a certificate of an election administration official by the Central Election Commission, except for auxiliary and technical staff.

Article 311. Powers and Authorities of the Central Election Commissions (CECs) of Abkhazia and Adjara Autonomous Republics

  1. The CECs of Abkhazia and Adjara Autonomous Republics shall, according to this Law and applicable laws of the Autonomous Republics, organize the general elections for the state representative authorities and for holding offices in the government authorities of the Autonomous Republics, and shall ensure that voters can exercise their legal rights freely without any impediments. When holding the elections, the CEC of any of the Autonomous Republics shall, within the scope of its competence, exercise control over the compliance with, and ensure uniform application of, the Election legislation throughout the territory of such Autonomous Republic.
  2. When conducting elections as specified in this Article, the District Election Commissions set up on the territory of any of the Autonomous Republics in accordance with this Law, are subordinate to the CEC of such Autonomous Republic.

Article 32. Composition of the District Election Commissions

  1. The members of the District Election Commission (DEC) shall be appointed/elected by:
  1. The CEC - entitled to appoint/elect 1 member;
  2. Each party is entitled to appoint/elect 1 member, provided that such party participated in the last elections of the Parliament of Georgia, independently or joined in an election bloc and was ahead of the others in the list of bloc members (if the party listed first has waived the right to appoint such member, this right shall be transferred to the second in the list and etc) provided such party/election bloc obtained at least 7% of the votes in the last parliamentary elections. If the number of such parties/election blocs proves to be less than 7, it shall be made up to the required minimum of 7 by the parties with the next best results, who participated in the elections independently or were joined in an any election bloc and were ahead of others in the list of bloc members (if the party listed first has waived the right to appoint such member, this right shall be transferred to the second in the list and etc), provided, that such parties won more than 3% of the votes in the elections. If the number of parties entitled to appoint DEC members still remains less than 7, each party specified in the first sentence of this paragraph shall have the right to appoint an additional member to the DEC. If the number still remains less than 7, each party specified in the second sentence of this paragraph (in a succession order determined by descending order of the votes obtained by such parties) shall have the right to appoint one more member to the DEC to make it up to the required minimum of 7. If the number still remains less than 7, to make the DEC membership up to the required minimum of 7, the procedures established under this paragraph shall be continued.
  1. If some of the parties, who, under paragraph 1 of this Article have appointed their members to the CEC decide to join in one election bloc for the next parliamentary elections, the authorities of the members appointed by the parties incorporated into such a bloc, except for the member(s) appointed by the party named first in the list of members of such bloc (if the party listed first waives to appoint such member, such right shall be transferred to the second in the list and etc), shall be suspended immediately after the registration of such bloc, and if such parties decide to join in one election bloc for the elections of local self-government bodies, the authorities of the members appointed by the parties incorporated in such bloc, except for the member(s) appointed by the party named first in the list of members of such bloc (if the party listed first waives to retain such member, such right shall be transferred to the second in the list and etc), shall be suspended immediately after the registration of such bloc.
  2. If any of the parties specified in the paragraph 1 of this Article fails to appoint, and submit to the CEC the name of its member within the due time, such party shall forfeit the right to appoint a member of the Commission, and if, as a result of this, the number of Commission members is less than 7, the CEC shall make the DEC membership up to the required minimum of 7.

Article 33. Appointment/Election of the Members of the DEC by the CEC and Parties

  1. The CEC shall elect 1 member of a DEC within the period January 15 to February 1 of the year following the parliamentary elections year.
  2. The decision on the appointment of a DEC member made by a party empowered under Article 32 of this Law shall be submitted to the CEC and relevant DEC within the period January 15 to February 1 of the year following the parliamentary elections year.
  3. If the number of DEC members proves to be less than 7 by the 1st of February of the year following the parliamentary elections the CEC shall elect the additional DEC members to increase the number up to required minimum of 7 prior to the 11th of February.
  4. The CEC shall publish the list of appointed/elected DEC members prior to the 15th of February in the year following the parliamentary elections year.
  5. If the authority of any of the DEC members is suspended before the expiration of their term, and the subject empowered to appoint the successor of such member waives such right, and if for this reason, the number of DEC members remains less than 7, the CEC shall elect a new DEC member within 10 days after the expiration of the term for nomination aimed at increasing the number of DEC members up to 7 (but within 3 days after the commencement date of an election). The CEC will publish the relevant information within 5 days.
  6. The CEC shall elect DEC members by secret ballot. Each candidate shall be voted for separately. A candidate shall be deemed elected if voted for by the majority of the current members (active roll) of the commission. If the number of such candidates proves to be more than the number of vacancies, then the candidates with the best results shall be deemed elected. If the winner cannot be identified because of a tied vote, such candidates shall be immediately put to the vote again to identify the winner. If such voting gives no results again, the winner shall be identified by the casting of lots. If all vacancies cannot be filled, the nomination procedure shall be applied anew.
  7. The decisions under paragraphs 1, 3 and 5 of this Article shall specify the name of the elected/appointed member and the DEC to which such person was elected/appointed. The decision specified under paragraph 2 shall be appended with:
  1. Information on education, qualification, academic degree (if any), address (according to the Georgian Citizens Identity Card and registration card) of the person elected/appointed as a DEC member, as well as the election district where such member is registered as a voter; place of employment and position held; contact address and telephone number;
  2. 2 photos of the aforementioned person;
  3. A photocopy of their Georgian Citizens Identity Card and registration card (if any);
  4. A statement, handwritten and signed by the above person, indicating that he/she person agrees to be a member of the DEC and meets the requirements prescribed under paragraph 6 of Article 18 of this Law. The application shall also specify the number and date of issue of the Certificate of Election Administration Officer.
  1. No person shall be considered as a DEC member if the date for submission of documents as specified under paragraph 7 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 in this paragraph. If the submitted documents fail to meet the requirements prescribed under this Article, the CEC Chairperson shall, within 2 days, give notice to that effect (specifying any such inconsistencies) to the authority appointing/electing such DEC member. The corrected documents with all inconsistencies rectified shall be submitted to the CEC within 3 days.

Article 34. Powers and Authorities of District Election Commission

  1. The DEC is a permanent territorial entity of the Election Administration of Georgia, comprised of the persons appointed by the parties as provided under Article 32 of this Law and as elected by the CEC.
  2. The DEC shall:
  1. Within the limits of its authority, organize and conduct elections and referendums in the election district, exercise control over compliance with the election Law and ensure the uniform implementation thereof;
  2. Delimit and specify the boundaries of election precincts by issuing the relevant ordinance;
  3. If any Precinct Election Commission (PEC) fails to perform the duties assigned to it under the Law, the DEC has the right to request the CEC to suspend the authority of such PEC, by a majority decision of total number of DEC members;
  4. Determine, by ordinance, the text of ballot papers for the elections of local self-government to be held in the election district;
  5. At its own initiative or on the basis of an application/complaint, verify the fairness of decisions made by PECs and appointed officials thereof and, if any violation is detected, revoke or change such decisions by issuing the relevant ordinance;
  6. On the basis of an application/complaint (if such application/complaint is filed according to the procedure and within the period prescribed hereunder) or at its own initiative, examine the lawfulness of the actions and decisions taken and made by PECs on election day, as well as by the appointed officials thereof (including the correctness of the registration of election participants, counting of ballot papers and etc) and, if it detects any violation, shall make the appropriate decision (including, changing the data on the summary protocol submitted by the PEC, and in accordance to an examination of the results; or announces the voting results in the election precinct null and void). If the violation results in a change of any person elected in a single-mandate district or of any candidate participating in the second round of elections, or a change of any persons elected in a multi-mandate district (when holding elections for local self-government bodies), or such violation has an adverse effect on the decision as to whether the elections shall be deemed held or not (for single-mandate districts and for elections of local self-government bodies), and if such examination doesn’t enable the DEC to establish the fairness of the result, shall make the decision to render the voting results in the relevant election precinct null and void and raise the question before the CEC to appoint the date for a second ballot;
  7. On the basis of the ordinances 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, consolidate 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, and approve the summary protocol of the final election results for the DEC by the relevant ordinance;
  8. On the basis of ordinances and summary protocols of final election results submitted by PECs, and in consideration of the results of the adjudication of violations of Election Law, establish for the election district the results of the elections for the Parliament of Georgia (according to a single-mandate district), the elections of local self-government authorities (except for that of Tbilisi City Sakrebulo) and approve the summary protocol of final election results of the DEC by the appropriate ordinance;
  9. By issuing the relevant ordinance, grant the status of local observer to the local union/foundation specified hereunder for the elections/referendum;
  10. Direct activities of PECs, hear the reports of such commissions on a periodic basis;
  11. Organize and conduct off-year elections, by-elections and mid-term elections, as well as second ballots and second round of elections;
  1. Shall manage and control the provision of premises, communication facilities, transport and other matters of logistics with respect to election precincts;
  1. Ensure PECs are provided with the necessary ballot boxes, special envelopes, seals and election documents;
  2. Hears and receives information provided by local self-government and administration bodies, public institutions and organizations, mass media owned by the state and local self-government authorities operating on the territory of the election district in connection with the fulfilment of their obligations as assigned under the election Law and exercise control over the fulfilment of such obligations; and ensure adequate control over the allocation of places for posting and displaying election posters;
  3. Exercise control over fulfilment of the rules established for the participation and usage of the mass media in the elections;
  4. Ensure the release and publication of information related to the elections;
  5. Assist in organizing meetings of parties/election blocs/candidates with the electorate;
  6. Adjudicate appeals and claims related to the election process and make relevant decisions within the scope of its competence;
  7. Immediately inform the CEC after receipt of the declaration of withdrawal of any of the candidates for election as a Member of the Parliament of Georgia submitted by any of the initiative groups of voters;
  8. Assist in compiling the List of Voters in accordance with procedures established by this Law and ensure publicity and accessibility thereof;
  9. Exercise other powers and authorities granted under this Law.
  1. Any ordinance issued by the DEC in connection with the matters specified under sub-paragraphs (b), (e) - (i) of paragraph 2 of this Article, and any ordinance of the DEC Chairperson applying to matters specified under sub-paragraphs (f) and (g) of paragraph 1 of Article 35 of this Law, shall be published within a period of 5 days.

Article 35. Powers and Authorities of the Chairperson, Deputy Chairperson and Secretary of District Election Commission

  1. The DEC Chairperson shall:
  1. Administer all administrative functions in the DEC;
  2. Chair DEC sessions;
  3. Ensure the management of DEC staff;
  4. Disburse the funds of the DEC;
  5. Delegate duties to the Deputy Chairperson, Secretary, other DEC members and employees of the Apparatus in accordance with the Regulations of Election Administration;
  6. Register initiative groups of voters (for all elections except for the Presidential Elections), their representatives in the DEC and issue the relevant registration certificates thereto;
  7. Register candidates nominated by any of the initiative groups of voters in single-mandate districts (for the Parliamentary Elections), the candidates nominated by a party/election bloc or initiative groups of voters for the elections of Local Self-Government and issue the relevant certificates thereto;
  8. Issue the relevant certificates to the elected members of the Sakrebulo (except for the Tbilisi City Sakrebulo) and, in case of termination of such member’s authority before the expiration of the term of such authority, to the successors thereof;
  9. Submit to the CEC documentation necessary for verifying the authorities of the persons elected as members of a Sakrebulo and any other election documents provided for under the Election Law;
  10. If the authority of any of the DEC members is suspended before the expiration of the term established for such authority, give notice to the CEC to that effect on the date following the date of such suspension;
  11. Exercise other powers and authorities granted to the Chairperson under the election Law.
  1. The DEC Deputy Chairperson shall:
  1. Perform the duties assigned to the DEC Chairperson, if the DEC has no such Chairperson or the incumbent Chairperson is unable to perform such duties;
  2. Exercise some particular authorities of the DEC Chairperson according to an ordinance issued by such DEC Chairperson (such ordinance shall specify the scope and term of the authorities so assigned).
  1. The Secretary of District Election Commission shall:
  1. Distribute the election documents and all correspondence submitted to and addressed to the DEC;
  2. Register the representatives of any party/election bloc/voters initiative group participating independently in the elections in PECs and issues the appropriate certificates thereto;
  3. Register observers appointed by any union/foundation having the status of local observer of elections/referendums to the DEC and PECs;
  4. Ensure accreditation of local mass media representatives by issuing the relevant ordinance;
  5. Draw up the minutes of DEC sessions, including the summary protocols of final election and voting results;
  6. Exercise any other powers and authorities granted thereto under the election Law.

Article 36. Composition of the Precinct Election Commissions

  1. The members of a Precinct Election Commission (PEC) shall be appointed/elected by:
  1. The higher level DEC entitled to appoint/elect 1 member (except for the case specified under sub-paragraph (b) of this paragraph);
  2. The CEC is entitled to appoint/elect 1 member of a PEC set up in a foreign country;
  3. Each party is entitled to appoint/elect 2 members, provided, that such party participated in the last elections for the Parliament of Georgia, independently or joined in an election bloc and was ahead of others in the list of members of such bloc (if the party listed first has waived its right to appoint such member, this right shall be transferred to the second in the list and etc) provided such party/election bloc obtained at least 7% of the votes in the last parliamentary elections. If the number of such parties/election blocs proves to be less than 7, it shall be made up to the required minimum of 7 by the parties with the next best results (in a succession order determined by descending order of the votes obtained by such parties), who participated in the elections independently or were joined in an election bloc and were ahead of others in the list of members of such bloc (if the party listed first waives the right to appoint such member, this right shall be transferred to the second in the list and etc), provided that such parties won more than 3% of votes in the elections. If the number of parties entitled to appoint PEC members still remains less than 7, each party specified in this paragraph having the best results (in a succession order determined by descending order of the votes obtained by such parties) shall have the right to appoint an additional member to the relevant PEC make the number of members up to the required minimum: in the case specified under sub-paragraph (a) of paragraph 2 of Article 26 of this Law – up to 10; in the case specified under sub-paragraph (b) of the same Article – up to 11; in the case specified under sub-paragraph (c) of the same Article – up to 12; in the case specified under sub-paragraph (d) of the same Article – up to 13; and in the case specified under sub-paragraph (e) of the same Article – up to 14. If the number still remains less than the above number, then the process for filling the required minimum of members shall be continued according to the procedure established under this paragraph.
  1. Accordingly, if any of the parties specified under paragraph 1 of this Article incorporate into an election bloc with any such other party/parties for the next parliamentary elections and Local elections they shall have no right to appoint a PEC member (in this case, the right to appoint a PEC member shall be given only to the party named first in the list of members of such bloc and, if such party waives the right to appoint a member, this right shall be transferred to the second in the list and etc).
  2. If any of the parties specified under paragraphs 1 and 2 of this Article and under paragraph 6 of Article 37 of this Law, fail to appoint and submit to the DEC the name of its member within the due time, such party shall forfeit the right to appoint a member of the commission, and if, for this reason, the number of PEC members proves to be less than the established minimum, it shall be made up to the established minimum by the DEC (except for a PEC set up in a foreign country, whose membership shall be made up to the required minimum by the CEC).

Article 37. Appointment/Election of a Member of a Precinct Election Commission

  1. The DEC shall elect one member of the PEC :
  1. In the case specified under paragraph 2 of Article 16 of this Law – not earlier than the 50th day and not later then the 46th day prior to election day;
  2. In the case specified under paragraph 3 of the same Article – not earlier than the 10th day and not later than the 9th day prior to election day;
  1. The CEC shall elect one member of a PEC set up in a foreign country, not earlier than the 24th day and no later than the 20th day prior to election day.
  2. The decision on the appointment of a PEC member made by each party authorized under Article 36 of this Law shall be submitted in the following way:
  1. In the case specified under paragraph 2 of Article 16 of this Law – to the relevant DEC not earlier than the 60th day and not later than the 46th day prior to election day;
  2. In the case specified under paragraph 3 of the same Article – to the relevant DEC not earlier than the 14th and not later than the 9th day prior to election day;
  3. In the case specified under paragraph 6 of the same Article – to the CEC after the formation of the election precinct, no later than the 20th day prior to election day.
  1. The list of PEC members shall be published:
  1. In the case specified under sub-paragraph (a) of paragraph 1 of this Article – by the relevant DEC no later than the 35th day prior to election day;
  2. In the case specified under sub-paragraph (b) of paragraph 1 of this Article – by the relevant DEC no later than the 5th day prior to election day;
  3. In the case specified under paragraph 2 of this Article – by the CEC no later than the 10th day prior to election day.
  1. If by the 45th day prior to election day (in the case specified under sub-paragraph (a) of paragraph 1 of this Article), by the 8th day (in the case specified under sub-paragraph (b) of paragraph 1 of this Article), or by the 19th day (in the case specified under paragraph 2 of this Article), the number of PEC members proves to be less than the minimum number established by paragraph 2 of Article 26 of this Law, the higher level DEC (in the first two cases) and the CEC (in the third case) shall elect PEC members to increase the number of members up to the established minimum within a period of 5 days.
  2. 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 specified under paragraph 6 of Article 16 of this Law, to the CEC.
  3. If the authority of any of the members of a commission is suspended before the expiration of their term and the party entitled to appoint his/her successor waives such right, and if the authority of the PEC member elected by the CEC or DEC is suspended before the expiration of the term established for such authority, and for this reason, the number of PEC members proves to be less than the established minimum, a new member shall be elected within 3 days after the expiration of the term for nomination of a new candidate to increase the number of PEC members up to the established minimum by the CEC or DEC, respectively.
  4. The CEC and DEC shall elect PEC members by secret ballot. Each candidate shall be voted for separately. Any candidate shall be deemed elected if voted for by the majority of current members (active roll) of the Commission. If the number of such candidates proves to be more than the number of vacancies, then the candidates with the best results shall be deemed elected. If the winner can not be identified because of a tied vote, such candidates shall be immediately put to the vote anew to identify the winner. If such voting gives no results again, the winner shall be identified by the casting of lots. If all vacancies cannot be filled, the nomination procedure shall be applied anew.
  5. The decision on appointment/election of a PEC member shall specify the name of the elected/appointed PEC 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 PEC member shall be appended with:
  1. Information on education (higher, secondary), qualification, academic degree (if any), address (according to the Georgian Citizens Identity Card and registration card) of the person elected/appointed as a PEC 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;
  2. 2 photos of the aforementioned person:
  3. A photocopy of their Georgian Citizens Identity Card and registration card (if any);
  4. A statement, handwritten and signed by the above person, indicating that he/she agrees to be a member of the PEC and meets the requirements prescribed under paragraph 6 of Article 18 of this Law. The application shall also specify the number and date of issue of the Certificate of Election Administration Officer.
  1. No person shall be considered as a member of a PEC if the date for submission of documents as specified under paragraph 9 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 PEC member. The documents with all inconsistencies corrected shall be submitted to the DEC or CEC (as appropriate) within 3 days.

Article 38. Powers and Authorities of Precinct Election Commission

  1. The PEC is a temporary territorial entity of the election administration of Georgia comprised of the persons appointed by parties as provided for under Article 36 of this Law and elected by the higher level DEC.
  2. The PEC shall:
  1. Within the limits of its authority, organize and conduct elections and referendums on the territory of the election precinct, ensure compliance with the Election Law and, during the period of voting, compliance with the procedures established by Election Law, as well as the application and protection of the rights of voters, representatives and observers guaranteed under the Constitution of Georgia and this Law;
  2. Check the correctness of the compiled voters lists, adjudicate appeals filed in connection with such lists and in case of detecting any errors and inconsistencies, immediately, but no later than the following day, apply to the relevant DEC with a proposal to make amendments to the lists;
  3. Issue an ordinance to include in the Voters’ List Supplement the voters who are unable, for reasons as provided under this Law, to appear at the election precinct to participate in the elections;
  4. Determines the election results in the election precinct and approve the summary protocol of election results by the relevant ordinance;
  5. Have the right to raise the question with the higher level DEC to declare the election results in the election precinct null and void, by decision of the majority of the total number of votes of all PEC members;
  6. Issue voter invitation cards to voters;
  7. Be responsible for displaying information as prescribed by the Election Law at the election precinct and preparing the place where the voting and counting of ballot papers is to be ensured; keep order at the election precinct;
  8. Exercise control over the allocation by local self-government and administration authorities of places for posting and displaying of election posters;
  9. Assist in organizing meetings of voters with the parties/election blocs/candidates participating in the elections;
  10. Adjudicate the applications and complaints filed in connection with the election process and preparatory procedures for voting and, within the limits of its authority, make an appropriate decision;
  11. Ensure that voters’ rights are unconditionally exercised on election day and bear full responsibility for the protection of such rights;
  12. Cancel the decision of the PEC Chairperson on the temporary closing of a polling place, suspension of polling, opening of such polling place after it has been closed and continuation of polling;
  13. Exercise other powers and authorities granted under the Election Law.
  1. Any and all ordinances issued by the PEC and the Chairperson thereof shall be displayed at the election precinct on the date immediately following the date of issuing such ordinances.

Article 39. Powers and Authorities of the Chairperson, Deputy Chairperson and Secretary of Precinct Election Commission

  1. The PEC Chairperson shall:
  1. Administer all administrative functions in the PEC;
  2. Chair PEC sessions;
  3. Accept and hand over election documents and all correspondences submitted to and addressed to the PEC;
  4. Be personally responsible for the safekeeping and distribution of ballot papers, special envelopes, PEC seals, summary protocols and other election documents;
  5. Delegate tasks to the Deputy Chairperson, Secretary and other PEC members according to the Regulations of the Election Administration;
  6. On election day, organize the distribution of functions among PEC members by the casting of lots;
  7. Be responsible for keeping order at the polling place and on the territories adjacent thereto on election day;
  8. Submit the voting and election results and all election documents to the relevant higher level DEC immediately after the completion of the consolidation of the results;
  9. Exercise any other powers and authorities granted under the Election Law.
  1. The PEC Deputy Chairperson shall:
  1. Perform the duties assigned to the PEC Chairperson, if the PEC has no such Chairperson or the incumbent Chairperson is unable to perform such duties;
  2. Exercise some particular authorities of the PEC Chairperson according to the ordinance issued by such PEC Chairperson (such ordinance shall specify the scope and term of authorities so assigned).
  1. The Secretary of the PEC shall:
  1. Prepare draft ordinances of the PEC;
  2. Be responsible for the release of public information;
  3. Prepare the minutes of PEC sessions, including the summary protocols of election results;
  4. Exercise any other powers and authorities granted thereto under the Election Law.

Article 391. Nomination of Candidates for Membership of Election Commissions (EC Members)

  1. A candidate for election commission membership may be nominated by:
  1. Any non-profit (non-commercial) legal person of private law (union, foundation) registered according to the procedures established under the Civil Code of Georgia, the activities of which for the last two years, according to the Charter of such person, have included, inter alia, the building of civil society, promotion of fair elections, election monitoring and/or protection of human rights and freedoms, unless such person has the status of an election observer according to this Law – such legal person may nominate candidates for DEC and PEC membership in the cases specified under paragraph 2 of this Article;
  2. Initiative groups of voters in election districts and precincts – such groups may nominate candidates for membership of the relevant DEC and PEC, in compliance with the terms and conditions prescribed under paragraph 3 of this Article;
  3. Any faction of the Parliament of Georgia, and any group of MPs consisting of at least 10 persons not being the members of any of the parliamentary factions – such faction and group may nominate candidates for membership of the CEC, in the case specified under paragraph 3 of Article 27 of this Law;
  4. At least three CEC members jointly – such members may nominate candidates for membership to a DEC, in the case specified under paragraph 8 of this Article;
  5. At least two DEC members jointly – such members may nominate candidates for membership to a PEC, in the case specified under paragraph 8 of this Article;
  6. At least two CEC members jointly – such members may nominate candidates for membership of a PEC formed in a foreign country, in the case specified under paragraph 8 of this Article;
  7. The Head of the consular service of Georgia in any foreign country – such Head of the consular service may nominate candidates for membership of the PEC set up in such foreign country.
  1. Any union/foundation as provided for under paragraph 1 of this Article shall have the right to nominate a candidate for membership to a DEC member and one candidate for each PEC included in the same election district, provided that the activity of such union/foundation, subject to the Charter thereof, is carried out throughout the territory of Georgia, or on the part of such territory, which covers the relevant election district, and such union/foundation has a branch or representative office in the relevant rayon/city (not included in such rayon).
  2. Any voter initiative group shall have the right to nominate:
  1. One candidate for DEC membership if such initiative group includes at least 50 voters in the election district where such candidate is being nominated;
  2. One candidate for PEC membership if such initiative group includes at least 10 voters in the election precinct where such candidate is being nominated.
  1. The Head of the consular service of Georgia in any foreign country shall have the right to nominate candidates for membership of each PEC set up in such foreign country.
  2. The subjects specified under paragraphs 2 and 3 of this Article shall submit to the CEC the names of the candidates running for DEC membership within the period January 5 to January 15 of the year following the parliamentary elections’ year; if the nomination is required to increase the number of DEC members up to the established minimum - within 10 days after the date on which the information on the availability of such vacancy is made public; upon the commencement of elections – within 3 days after the date on which the information on the availability of such vacancy is made public.
  3. The subjects specified under paragraphs 2 and 3 of this Article shall nominate the candidates running for PEC membership:
  1. In the case provided for under paragraph 2 of Article 16 of this Law - to the relevant DEC not earlier than the 60th and no later than the 51st days prior to election day;
  2. In the case provided under paragraph 3 of Article 16 of this Law - to the relevant DEC not earlier than the 14th and not later than the 11th day prior to election day;
  3. In the case provided under paragraph 6 of Article 16 of this Law – to the CEC, after the formation of the election precinct, no later the 25th day prior to election day;
  4. If the nomination is required to increase the number of PEC members up to the established minimum – within 3 days after the date on which the information on the availability of such vacancy is made public.
  1. The subject specified under paragraph 4 of this Article shall submit to the CEC the names of the candidates running for PEC membership after the formation of the election precinct, but no later than the 25th day prior to election day.
  2. The subjects specified under sub-paragraphs (d) – (f) of paragraph 1 of this Article shall submit to the CEC and DEC the names of the candidates running for DEC and PEC membership only in the cases provided for under paragraphs 1, 3, and 5 of Article 33 and paragraphs 1, 2, 5 and 7 of Article 37 of this Law, unless the candidates for election commission membership are not nominated by the subjects specified under paragraphs 2 -4 of this Article within the period established hereunder. In such case, the name of the candidate for election commission membership shall be submitted to the relevant Commission within 2 days after the expiration of the terms specified above.
  3. Any application for nomination of a candidate for election commission membership by a union/foundation shall specify the activities carried out by such union/foundation for the last 2 years in the fields provided for under sub-paragraph (a) of paragraph 1 of this Article, the number of union/foundation members, regional representations/branches thereof (if any), high managerial body and highest management officers of such union/foundation, as well as the territory where such union/foundation carries out its activities. Such application shall be signed by the duly authorized person and shall be accompanied by the Charter of such union/foundation registered by the Court/Ministry of Justice or a true copy thereof duly certified by a public notary (such charter to be submitted in the form available at the first registration thereof with all duly registered amendments and supplements made thereto from time to time).
  4. The application provided for under paragraph 9 of this Article shall specify the name, education (higher, secondary), qualification, academic degree (if any), address (according to the Georgian Citizens Identity Card and registration card) of the candidate, as well as the election district where such member is registered as a voter, place of employment and position held by such candidate, contact address and telephone number, and the election commission such candidate is being nominated to become a member of. The application shall be signed by a duly authorized person and shall be appended with:
  1. 2 photos of the candidate:
  2. A photocopy of the Georgian Citizens Identity Card and of registration card (if any);
  3. A statement, personally handwritten and signed by the candidate, stating that such person agrees to be a member of the election commission and meets the requirements prescribed under paragraph 6 of Article 18 of this Law. The application shall also specify the number and date of issue of the Certificate of Election Administration Officer.
  4. Employment records of the candidate (only for candidates nominated for CEC and DEC membership) and a description of their experience of participating in elections (if any).
  1. The application of a voter initiative group nominating a candidate for election commission membership shall specify the same data of the nominated candidate as provided for under paragraph 10 of this Article and the name, contact phone and address of the proxy of such voters’ initiative group. The application shall be signed by the proxy of the voters’ initiative group and shall be appended with the documents provided for under sub-paragraphs (a) – (d) of paragraph 10 of this Article and an "Appendix to the Application of the Voters’ Initiative Group" specifying the last name and given name, date of birth (day, month, year), the number of their Georgian Citizen’s Identity Card, region (rayon, city, daba, community, village); address; date of signature, and signature of each member of the voters’ initiative group.
  2. The application of a parliamentary faction, group of MPs and election commission members nominating a candidate for election commission membership shall specify the same data of the nominated candidate as provided for under paragraph 10 of this Article. Such application shall be signed by the applicant/applicants and shall be appended with the documents specified under sub-paragraphs (a) – (d) of paragraph 10 of this Article.
  3. No nominated person shall be considered as an election commission member if the term for submission of the 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 are not corrected within the term established under this paragraph. If the submitted documents fail to meet the requirements prescribed under this Article, a notice to that effect (specifying any such inconsistencies) shall be given to the authority nominating such candidate within 2 days. The documents with all inconsistencies corrected shall be submitted to the relevant authority within 2 days.

CHAPTER V. REGISTRATION OF ELECTION SUBJECTS AND LISTS OF SUPPORTERS

Article 40. Registration of Election Subjects

  1. For the purpose of obtaining the right to take part in elections, election subjects are registered by the relevant election commission, in accordance with the rules established by this Law.
  2. For the purpose of undergoing registration, election subjects apply to the relevant election commission and submit the appropriate documents, in accordance with the rules prescribed by this Law.
  3. The appropriate department of the election commission shall, within the period established hereunder, examine the submitted documents and submit its conclusion to the election commission Chairperson, who shall decide for or against the registration. If the submitted documents fail to meet the requirements established hereunder, the election commission Chairperson shall, within 2 days (unless otherwise provided by this Law), give notice to that effect (specifying the inconsistencies detected) to the representative of the relevant party/election bloc/voters’ initiative group, who shall be given 3 days (unless otherwise provided for by this Law) to bring the documents into compliance with such requirements. An examination of the corrected documents and settlement of the registration issue shall be ensured within 2 days (unless otherwise provided for by this Law) of the submission thereof. If the application for registration is rejected, the election commission shall immediately notify its decision to the representative of the relevant party/election bloc/voters’ initiative group, who shall have the right to receive such decision immediately upon request.

Article 41. Lists of Supporters

  1. Voters confirm the initiative of an election subject to take part in an election by signing the form of the list of supporters.
  2. A sample of the form of the list of supporters is determined by ordinance of the Central Election Commission.
  3. In the list of supporters form should be included the following information on voters signing the form:
  1. First and last name;
  2. Date of birth (year, month and day);
  3. Number of their Georgian Citizens Identity Card (Passport of a Georgian citizen) and personal number;
  4. Place of registration (according to the registration card);
  5. Date of signature;
  6. Signature.
  1. On the form should be shown the first and last name, place of registration (according to their registration card) and the contact telephone number of the person responsible for the collection of signatures, including the date of filling in of the form and it should be confirmed by the signature of this person.
  2. In the upper left corner of the form should be indicated the title (first and last name) of the election subject, whose initiative in taking part in the elections is being supported by the voters signing the form.

Article 42. Inspection of Lists of Supporters

  1. The lists of supporters for any party and any candidate for the election of the President of Georgia shall be checked by the CEC, and the lists of supporters of any other candidates – by relevant DEC.
  2. The election commission shall, at random and in an inconsistent manner, check the authenticity of 20% of the number of listed supporters. If not more than 10% thereof is deemed null and void, the election commission shall make an additional check of the same number of supporters applying the same procedure. If not less than 10% thereof is deemed null and void, the entire list shall be invalidated and the application for registration of the election subject shall be dismissed by the relevant ordinance of the election commission Chairperson.
  3. The signature of a voter on a list of supporters is deemed invalid, if:
  1. The first and last name are not indicated or are indicated incompletely;
  2. The date of birth (year, month and day) is not indicated or is indicated incompletely;
  3. The place of registration (location, street, house and apartment number) is not indicated or is indicated incompletely;
  4. The date of signing is not indicated or does not comply with the time period for compilation of the list of supporters, established by this Law;
  5. There is no signature or the signature has been made by another person, which is confirmed in writing by the voter instead of whom the signature was made;
  6. In the list of supporters of a candidate nominated to an election district is included a voter registered in another election district;
  7. In his/her application submitted to the relevant election commission, the signatory shall confirm, that he/she was misled, intimidated or the signature was made under pressure, and his/her signature to this application is certified by a notary;
  8. The number of their Georgian Citizens Identity Card (number of a Passport of a Georgian citizen) and personal number are indicated incompletely or incorrectly.
  1. Any and all signatures shall be deemed invalid if made on a sheet not duly endorsed by the person responsible for collecting the signatures, or when such sheet specifies no data or incomplete data as required under paragraph 4 of Article 41 of this Law.
  2. A list of supporters shall be checked according to the procedures established by the CEC. Checking of the list of supporters of a party shall be finished within 30 days after the submission thereof, but not later than the 10th day after the expiration of the term for submission of such list; while the list of supporters of a candidate shall be checked within 15 days after the submission thereof, but not later than the 8th day after the expiration of the term for submission of such lists.
  3. Representatives of election subjects have the right to attend the process of inspection of the list of supporters.
  4. Only members of the CEC and relevant DEC, as well as employees of appropriate department of the CEC and, if a suit is instituted before the court, the court, shall have the right to inspect and have access to the lists of supporters. The lists of supporters shall be destroyed within 10 days after the expiration of the term for instituting a suit over the registration.

CHAPTER VI. ELECTION FUNDING

Article 43. Financial Provision for Preparation for and Holding of Elections

  1. The costs incurred by the election administration in connection with the preparation for and conduct of elections (except for the elections held for high representative authorities of Abkhazia and Adjaran Autonomous Republics and high officials of State authority), and the activities carried out by the election administration within the term of its authority shall be financed from the State budget of Georgia.
  2. The CEC shall, on an annual basis and according to the procedures established by law, submit budget estimates for the election administration for the next year, on the basis of which the budgetary financing for the next year shall be planned.
  3. Funds from the State budget for the preparation and conduct of elections shall be transferred to the account of the CEC not later than 10 days after the appointment of the election date and shall be distributed according to the budget estimates approved by the CEC.
  4. If the budgetary funds allocated for the preparation and conduct of elections are not transferred to the account of the CEC within the term established hereunder, the CEC shall have the right to file a claim before the Supreme Court of Georgia.
  5. The terms for forcible execution as prescribed under Article 921 of the Law of Georgia on Enforcement Procedure shall not apply to the execution of court decisions provided for under paragraph 14 of Article 77 of this Law and the forcible execution in connection with the allocation of funds to the CEC shall not be ensured from the Fund for Execution of Court Decision envisaged by the State budget of Georgia.
  6. The election administration, represented by the CEC, shall have the right to receive grants from persons duly authorized by law. No funds received under such grants shall be used for the remuneration of election administration officials.

Article 44. Finances Necessary for Elections

  1. The CEC submits to the Ministry of Finance a plan of funding of the preparation and conduct of elections, no later than 55 days prior to election day.
  2. The Ministry of Finance, in accordance with the submitted plan, deposits to the account of the CEC the funds allocated for elections from the State budget, no later than 50 days prior to election day.
  3. The CEC determines the rules for distribution and use of election funds necessary for the conduct of elections by election commissions.
  4. No later than 45 days prior to election day, the CEC deposits the funds allocated for DECs to their current account.

Article 45. Disposal of Money Funds Necessary for Elections

  1. Funds allocated for election commissions are disposed of by the Chairperson and Accountant of the Commission, who are responsible for the proper use of the funds.
  2. The DEC, no later than 30 days after election day, ceases all settlement of accounts with organizations and individuals and, within 10 days, transfers the funds remaining in its account to the account of the CEC. Within 2 weeks of the transfer of the remaining funds, the DEC submits a financial report to the CEC.
  3. The form of the DEC report on expenses related to the elections is determined by an ordinance of the CEC.
  4. The CEC submits to the Ministry of Finance a summary financial report on expenses related to the elections.
  5. The proper use of funds allocated for elections is controlled by the Chamber of Control of Georgia.

Article 46. Election Campaign Fund

  1. An election campaign fund is all the funds intended for the election campaign of an election subject.
  2. Setting up of an election campaign fund shall be compulsory for any and all subjects of election. Any majoritarian candidate nominated by a party/election bloc for a member of the Parliament of Georgia shall have the right not to set up such election campaign fund (in such a case such candidate shall have no right to use, during the campaign period, any funds other than the funds of the election campaign fund of the party/election bloc nominating such candidate). A candidate running for membership of the representative authority of local self-government of a community and village – Sakrebulo, may set up such a campaign fund on a voluntary basis.
  3. Funds received by an election subject must be deposited to the account of the election campaign fund, which is opened at the National Bank of Georgia or a commercial bank, or its relevant branch office, within 5 days of registration of the election subject at the relevant election commission. The account is opened only in the national currency.
  4. Within 2 days of opening of an election campaign fund, the election subject submits to the relevant election commission a document issued by the bank confirming the opening of an election campaign fund, the number of the account, the identity and address of the manager and accountant of the election campaign fund.
  5. The personal account of a party, candidate for the Presidency of Georgia or a majoritarian candidate, cannot be used as the account of an election campaign fund. It is inadmissible to open more than one account for an election campaign fund.
  6. At the time of opening of an election campaign fund and for transactions with a bank, a Party has the right to use the Party seal, and upon agreement with the Parties included in an election bloc – to use the seal of one of the Parties included in the bloc, which is determined by the statute of the election bloc.
  7. Funds received by the election campaign fund are considered to be the funds deposited to the account of the election campaign fund, as well as any goods or services received free-of-charge (at market prices).

Article 47. Contributions to the Election Campaign Fund

  1. Contributions to the election campaign fund are considered to be the funds deposited to its account by natural persons and legal entities, as well as all kinds of material values and services received free-of-charge.
  2. A legal entity making a contribution to an election campaign fund is obliged to indicate its title and legal address, while natural persons must indicate the first and last name, address, number of the Georgian Citizens Identity Card (Passport of a Georgian citizen) and personal number.
  3. It is inadmissible to deposit funds to an election campaign fund without declaring the information required by paragraph 2 of this Article. Anonymous contributions are transferred to the State budget of Georgia.
  4. It is inadmissible for an election subject to use, during the elections, any funds other than the funds of the election campaign fund.
  5. It is inadmissible to accept the contributions to the election campaign fund from the following:
  1. Other States;
  2. Natural persons or legal entities of other States;
  3. Persons with no citizenship;
  4. International organizations and movements;
  5. Non-entrepreneurial legal entities and religious organizations;
  6. A Georgian entrepreneurial legal entity, in which there is a State share.

Article 48. Rules for Disposal of Election Campaign Funds

  1. For the purposes of effective use and disposal of election campaign funds, an election subject appoints (elects) a manager and accountant of the election campaign fund.
  2. Funds in and election campaign fund are disposed of by the manager and accountant of the fund, upon the instruction of the election subject. The manager and accountant are also responsible for the proper use of the election campaign fund.
  3. The rules for appointment (election), by an election bloc, of the manager and accountant of the election campaign fund, are determined by the bloc’s charter.
  4. The election campaign fund manager shall within his/her authority check the legitimacy of the funds transferred to the fund; and provide to the appropriate election commission the fund report, also inform about the source of donation, its amount and date of receipt.
  5. The manager of an election campaign fund processes documents on all transactions. If any expense cannot be documented, it must be processed through a bilateral Act.
  6. No later than one month after the publication of election results, the election subject shall submit to the relevant election commission a report on the funds used for elections, with a statement of the source of the funds deposited to the election campaign fund. The election subjects which, according to preliminary data, receives the necessary number of votes established by this Law, must do the same, not later than 8 days after the election day.
  7. Election subjects who do not submit a report on the election campaign fund, are banned from the right to take part in elections, including the relevant next elections.
  8. Election subjects who receive the necessary number of votes determined by this Law and do not submit an election campaign fund report within the established deadline, or violation of the requirements of paragraphs 2, 3, 4, 5 and 7 of Article 46 of this Law, paragraphs 4 and 5 of Article 47, paragraphs 4, 5 and 6 of this Article, is proven, the relevant election commission considers and decides the issue of the consolidation of the results of the elections without taking into account the votes received by these election subjects.
  9. The election subject is obliged to close the account of election campaign fund not later than 20 days after the consolidation of the final results of the elections. Remaining funds on the account are returned to the contributing persons and legal entities, in proportion to the funds contributed.
  10. The form of the report on used funds used for elections is determined by an ordinance of the Central Election Commission of Georgia.
  11. Information about election contributions is open, public and accessible. The Central Election Commission of Georgia is obliged to provide all interested persons and legal entities with the information on the amount, source and date of depositing of funds existing in election campaign funds.

CHAPTER VII. POLLING

Article 49. Time and Place of Voting

  1. Voting shall be held at a polling place from 8:00 a.m. till 8:00 p.m. on election (polling) day.
  2. The PEC notifies voters of the time and place of voting not later than 2 days prior to election day, by delivering voter invitation cards to voters.
  3. No closing of a polling place, suspension or termination of polling shall be allowed during the period of voting, except for the cases when it becomes impossible to ensure universality and equality of the elections and free expression of the will of voters. The decision on the temporary closing of a polling place or suspension of voting (as well as the decision on re-opening of the polling place and continuation of voting) shall be made solely by the PEC Chairperson, who shall bear full responsibility for making such decisions. Immediately after the polling place is temporarily closed or voting is suspended, the PEC shall make a decision to confirm or cancel the decision of the PEC Chairperson. After the suspension of voting, the PEC shall have the right to make a decision on termination of voting and closing of the polling place. Such decisions shall be made by the relevant ordinance specifying the reasons for, and the time of the temporary closing and/or suspension or termination of voting. Immediately after the reason for closing of the polling place or suspension of voting is resolved, the polling place shall be reopened and voting shall be renewed by an ordinance issued by the PEC Chairperson. When polling is declared terminated, it shall not be renewed. The PEC shall have the right to change the ordinances issued by the PEC Chairperson under this paragraph by issuing an ordinance to that effect.
  4. Voters may be present at the polling place only for the time necessary for voting.
  5. On the election day, at the election precincts formed in military units, hospitals and other in-patient institutions, as well as on ships being at sea and in those places hard to access, the PEC shall declare voting as finished at any time before 8:00 pm if all voters on the lists of voters have participated in the polling.
  6. It is forbidden to conduct voting before or after election day, except for the cases envisaged by this Law.
  7. Voting by mobile ballot box shall commence at 11:00 a.m. and finish at 19:00 p.m. on election day.

Article 50. Arrangements at the Polling place

  1. Bodies of State authority and local self-governance and government transfer to the election commissions the buildings and facilities necessary for the preparation and conduct of elections for a period of time, free-of-charge.
  2. No PEC shall be located and no place for voting shall be allocated in a building where the office(s) of any party (parties) is (are) located. No PEC shall be located and no place for voting shall be allocated in a building where the central government bodies and local self-government and administration authorities are located, except for those cases when there is no other building on the territory of the election precinct suitable for conducting voting in accordance with this Law. The relevant decision shall be made by the DEC. Wherever possible, any and all places for voting shall be located on the first floor of the building. At the request of any PEC, the authorities specified under paragraph 1 of this Article shall (provided, that the relevant ordinance of such PEC was handed over no later than 20 days prior to election day) ensure temporary and simple adaptation of the polling place if there are disabled voters using wheelchairs in the election precinct who filed the relevant applications with the PEC not later than the 25th day prior to election day.

21. The responsibility for any failure to comply with the requirements prescribed under paragraphs 1 and 2 of this Article shall be determined according to the procedures established by the legislation of Georgia.

  1. In the polling place:
  1. Voting booths shall be arranged to enable ballot papers to be marked in secret. One of the sides of each booth shall be open to enable observers to have each voter in a booth within their sight. No less than one booth and one registration desk shall be envisaged for each 400 voters, and there shall be one pen in each booth;
  2. Places shall be allocated for the registration of voters and verification of ballot papers;
  3. The transparent ballot box must be placed in a conspicuous place;
  4. The lists of voters, lists of parties and lists of candidates, as well as the rules established by the CEC for the filling in of ballot papers and the Public display protocol for displaying the election and voting results (this protocol is of A1 format and shows the same data as provided in the summary protocol of the election and voting results of the PEC) shall be displayed in a clearly visible place.
  1. If any of the election subjects included on the ballot paper are no longer taking part in the elections, a statement about this must be posted in a conspicuous place, both at the polling place and in the voting booth.
  2. Responsibility for the preparations for voting, ensuring free expression of the will of voters, ensuring the secrecy of voting and the maintenance of the polling place in accordance with the requirements of this law, is laid upon the Chairperson of the PEC.

Article 51. A Ballot Paper and Special Envelope

  1. A ballot paper shall be printed on the basis of the ordinance issued, and in accordance with the sample established by the CEC, in the Georgian language, and in Abkhazia – in the Abkhazian language, and if necessary – in any other language understandable for the local population.
  2. In preparing ballot papers for the election precincts where disabled persons with eyesight problems are voting, the CEC shall ensure the use of such technology that will enable such voters to fill in the ballot papers independently, provided that the persons having such information submit to the CEC the names and addresses of voters of such category no later than the 45th day prior to election day.
  3. Printing of ballot papers and manufacturing of ballot boxes (both, main and mobile) shall be ensured by the CEC, while the printing of ballot papers for the elections of local government authorities (except for that of Tbilisi City Sakrebulo) – by the relevant DEC. Ballot papers shall be printed under the permanent supervision of the persons and observers duly authorized by the CEC and DECs for this purpose. Two members appointed by ordinance of the relevant election commission and no more than three observers named by the organizations registered as observers in accordance with this Law and acting on the basis of a relevant agreement shall have the right to exercise supervision over the process of printing such ballot papers (at each place of printing).
  4. Within 2 days after the receipt of the relevant ordinance, the relevant election commission shall publish information on the place where ballot papers and ballot boxes are to be printed and made, as well as the data on the persons responsible for printing and making such ballot papers and boxes.
  5. Each contractor assigned to print ballot papers shall be personally responsible to ensure that the number of printed ballot papers delivered to the relevant election commission is equal to, and exactly corresponds to the number ordered and that no additional ballot papers are printed by such contractor.
  6. The Chairperson and Secretary of each election commission shall be personally responsible for the safekeeping and distribution of ballot papers by the election commission.
  7. For the purpose of exact registration of ballot papers, all types of ballot papers shall be numbered consecutively (a number shall be marked on the counterfoil of each ballot paper; such ballot paper and its counterfoil shall be separated from each other by perforation) and shall be bound in the form of a book containing 40 ballot papers each. Such books shall also be numbered consecutively. Each book shall have its cover page printed with the type of ballot paper, columns for specifying the number of such book, numbers of ballot papers contained in the book, numbers and names of election district and election precinct, dates of acceptance of the ballot papers by the DEC and PEC, names and signatures of the persons authorized by the CEC, DEC and PEC to issue and accept ballot papers, columns for signatures of the PEC Chairperson and the PEC member (registrar) to which such book is delivered, as well as a column for specifying the number of blank ballot papers.
  8. The number of special envelopes delivered to each PEC shall be equal to the total number of voters in the relevant election precinct, and the number of ballot paper books shall be equal to the total number of voters in the election precinct divided by 40 and rounded up to next whole number .
  9. The CEC shall, no later than the 2nd day prior to election day, deliver to the DECs the ballot paper books and special envelopes, and each DEC shall, no later than 12 hours before the commencement of voting, deliver such ballot paper books and special envelopes to the PECs.
  10. The number of ballot papers and special envelopes shall be subject to strict registration. When delivering the ballot paper books and special envelopes from the CEC to the DECs and from the DECs to the PECs, two copies of the Acceptance and Delivery Act shall be executed specifying the names of the Commissions accepting and delivering the ballot papers and special envelopes, the number of special envelopes, types of ballot papers, number of books of ballot papers (with the numbers of such books and of the ballot papers recorded therein), names of the persons authorized to accept and deliver such ballot papers and special envelopes. The Act shall be signed by the persons accepting and delivering these documents (one copy of the Act shall be kept by the Commission delivering, and the other shall be given to the Commission accepting such special envelopes and ballot papers). The election commission representative, to whom the special envelopes and ballot papers are handed over, shall request one copy of the Acceptance and Delivery Act to be delivered to the relevant DEC/PEC. The Acceptance and Delivery Act shall constitute public information.
  11. The front side of a ballot paper shall specify:
  1. The type and date of elections;
  2. The name and number of the election district;
  3. The number of the election precinct (on the counterfoil of such ballot paper and on the ballot paper itself);
  4. For proportional elections – the sequence number and name of each party/election bloc participating independently in the elections (for an election bloc – the parties incorporated therein shall also be specified); for majoritarian elections - the sequence number, first name, family name and patronymic of each candidate, name of the party/election bloc nominating each candidate and, if such candidate is nominated by a voters’ initiative group, the candidate shall be specified as "independent";
  5. The rules for filling in the ballot paper(s).
  1. The reverse side of the ballot paper shall provide a place for:
  1. The signature of the PEC member who is the registrar;
  2. The signature of the PEC member who is the authenticator;
  3. The special seal of the PEC.
  1. If any of the election subjects is removed from the elections, at the time of issuing the ballot paper, the stamp "Removed" shall be affixed opposite the name of such election subject.
  2. A ballot paper shall be the property of the State and it shall in no way be withdrawn or taken out from the polling place or be destroyed.
  3. Ballot papers shall be printed on special paper and the CEC shall have the exclusive right to order and purchase such paper.
  4. Any non-compliance with the prohibition prescribed under paragraphs 14 of this Article, as well as making, spreading and using false ballot papers and the special paper as provided for under paragraph 15 of this Article, shall be qualified as criminal offence and be punishable in accordance with the procedures established by law.

Articles 511. Summary Protocols of Voting and Election Results

  1. Voting and election results shall be recorded in the PEC, DEC and CEC summary protocols of voting and election results.
  2. A summary protocol shall be a legal Act which provides evidence of the voting and election results. All counterparts of such protocols shall be equally binding.
  3. No corrections whatsoever shall be made to the data entered in the summary protocol and a protocol so amended shall be deemed null and void. In order to correct any mistakes made in completing the summary protocol, the word "corrected" shall be inserted immediately opposite the relevant data in the summary protocol and the election commission shall draw up a statement of the case specifying the correction made to the data entered into the summary protocol as well as the date and time of drawing up the statement of the case. The statement of such case shall be duly signed by all Commission members attending the session, with the seal of the Commission affixed thereto, after which it shall be noted in the register of the Commission and attached to the summary protocol to which the correction was made.
  4. Each type of summary protocol (PEC summary protocol of voting and election results and DEC summary protocols of voting and election results) shall be bound in the form of a book. The number of pages of the book of the election commission summary protocols shall be in multiples of 8 and at least two pages more than the total number of the election subjects and observer organizations. The books, bound separately for each type of protocol, shall be numbered consecutively beginning from 00001 for the PEC protocols and from 001 for the DEC protocols. The protocol itself shall be separated from its counterfoil by a perforated line. The pages of each book shall be numbered consecutively beginning from 01. Each book shall have a cover, the front page of which shall specify the type of election, the year of holding the general elections, type of protocols, number of such book, columns for specifying the number and name of the election district, number of the PEC, date of accepting such book by the DEC and PEC and the signatures of the persons authorized to deliver and accept such books. The reverse page of the cover shall be the PEC’s own summary protocol, which shall be sealed together with the front page of the cover, blank protocols and other documents of the election commission after the summarization of the voting and election results at the election precinct and election district, accordingly.
  5. The summary protocols shall be subject to strict registration and printing thereof shall be ensured by the CEC. The protocols shall be printed under the permanent supervision of the persons and observers duly authorized by the CEC. Each contractor assigned to print such protocols shall be personally responsible to ensure that the number of printed protocols delivered to the CEC is equal to, and exactly corresponds to, the number ordered and that no additional protocols are printed and spread by such contractor.
  6. The Chairperson and Secretary of each election commission shall be personally responsible for the safekeeping and distribution of the protocols by the election commission.
  7. The CEC shall deliver to each DEC the books of all types of protocols for the election district and all election precincts. If, in any election district, the number of subjects, to which such summary protocols shall be delivered, is more than 24, the relevant DEC shall be provided with additional books of the summary protocols.
  8. The DEC shall deliver one book of each type of summary voting and election results protocol to each PEC. If, in any election precinct, the number of subjects, to which such summary protocols shall be delivered, is more than 24, the relevant PEC shall be delivered with an additional 1 or 2 such books.
  9. The summary protocols shall be printed on special paper and the CEC shall have the exclusive right to order and purchase such paper.

Article 512. Election Day Record Book

  1. The voting process in each election precinct and any claims, complaints and remarks made in connection with voting procedures and voting processes shall be entered in the election day record book (hereinafter referred to as "Record Book").
  2. A Record Book, together with ballot papers, shall be delivered to each PEC.
  3. A Record Book shall be made in the form of so called ‘stringed book’. The string shall be sealed, the paper to be sealed shall be signed by the DEC Secretary and the seal of the DEC shall be affixed thereto. All pages of the Record Book shall be numbered and the numbers of the relevant election district and election precinct shall be specified on each page.
  4. A Record Book shall be opened immediately after the opening of the election precinct. All persons authorized to be inside the polling place at the time of opening the Record Book shall sign on the first page thereof.
  5. The Record Book shall be given to the Secretary of the relevant election commission, who shall enter in the Record Book all procedures of election day and the times at which such procedures were carried out.
  6. On election day, at 12:00 a.m. and 17:00 p.m., the election commission member who is the registrar, shall count the number of voters’ signatures in the list of voters, enter this number on the second page of the Record Book and confirm the correctness thereof by his/her signature.
  7. When summarizing the voting results, immediately after the ascertainment of each data to be entered into the summary protocol, the election commission Secretary shall enter such data into the Record Book (for this purpose the 3rd to 6th pages shall be used) and the protocol for public display of voting results.
  8. On election day, any and all persons entitled to be inside the polling place shall have the right to enter their claims, complaints and remarks made in connection with election procedures (for this purpose, the 7th and following pages shall be used) and specify the names of witnesses (if any). The person making such records shall specify his/her first name, family name and address (according to their registration card).
  9. No person shall have the right to prevent any person entitled to be inside the polling place from making such records in the Record Book
  10. After summarizing the voting and election results the Record Book shall be sealed and delivered to the higher level DEC together with the other sealed documents of the PEC.

Article 52. Opening of Election Precincts

  1. Each election precinct shall be opened at 7:00 a.m. on election day and the higher level DEC, shall be notified immediately. Voting shall commence at 8:00 a.m. After the opening of the election precinct, the PEC Chairperson shall, in the presence of the PEC members and the persons entitled to be inside the polling place, shall by the casting of lots, elect from the PEC members (neither the PEC Chairperson nor Secretary shall participate in the casting of lots, but if there is a sufficient number of PEC members, the PEC Deputy Chairperson shall not participate in the casting of lots either):
  1. The PEC member who shall regulate voter flow into the voting room and verify the marking of voters;
  2. The PEC members - the registrars of voters (at least one member for each 400 voters), who shall also hand out ballot papers after affixing their signatures on the place provided for this purpose on the reverse side of each ballot paper;
  3. The PEC member, who shall verify each ballot paper signed by the registrar by affixing his/her signature on the place provided for this purpose on the reverse side of such ballot paper;
  4. The PEC member who shall exercise supervision over the ballot box;
  5. The PEC member who shall hand out a special envelope, affix the special seal thereon and on each ballot paper filled in, and ensure marking of voters;
  6. At least two PEC members who shall take out the mobile ballot box (when necessary).
  1. Before the casting of lots, the PEC Chairperson shall check that the seal on the package with the special seal of the PEC in it, is not broken and shall open the same. Then, on uniform pieces of paper and with the same pen, shall specify the functions of PEC members as provided for under paragraph 1 of this Article. Each paper shall be certified by the special seal of the PEC and folded so that it is impossible to read the text written thereon. The PEC Chairperson shall place the certified papers and some blank papers in the mobile box and mix them. The total number of blank and filled in papers shall be equal to the number of PEC members participating in the casting of lots. The PEC members participating in the casting of lots shall, one after another, take a paper out of the box. When the casting of lots is finished, the PEC secretary shall enter the results of the allocation of functions by the casting of lots into the Record Book.
  2. The function assigned to any PEC member as a result of the casting of lots may be temporarily delegated to any other PEC member with the consent of the PEC 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 PEC 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 special seal shall be transferred to the PEC member specified in sub-paragraph (c) 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 PEC member. If such number proves to be four less, in addition to the above procedures, the Record Book shall be transferred to the PEC Chairperson and the Secretary shall perform the function of a PEC member. If such number proves to be five less, in addition to the above procedures, the lists of voters shall be distributed among the rest of the registrars. If necessary, the function of a registrar may be temporarily performed by the PEC Chairperson.
  3. After the casting of lots, the PEC Chairperson does the following:
  1. Announces the number of voters according to the general and special lists, as well as the Supplement;
  2. Inspects that the packages of election ballots and special envelopes are intact and announces the number of ballot papers and special envelopes received;
  3. Deleted;
  4. Inspects and seals individually main and mobile election boxes according to the rules set by the Central Election Commission.
  1. The PEC Secretary shall immediately enter the data specified under sub-paragraphs (a) and (b) of paragraphs 4 of this Article into the voting and election results summary protocols the protocol for public display of the voting results and the Record Book.
  2. Main and mobile ballot boxes shall be sealed and control sheets shall be thrown therein by the PEC Chairperson after the first voter has arrived. Each control sheet shall be completed in triplicate and signed by the first voter and all PEC members present. The control sheets shall specify the exact time of their placement into the ballot box and the name, family name, place of registration, number of their Georgian Citizen’s Identity Card and the personal number of the first voter. One copy of each control sheet shall be kept by the PEC in order to compare it with the control sheets taken out from the ballot boxes after opening thereof.

61 Precinct Election Commission Secretary in order to make comparisons shall keep and shall be liable for the protection and validity of all control sheets

  1. Each registrar of voters shall be given one book of all types of ballot papers that shall be certified by the PEC Chairperson and registrar by affixing their signatures on the cover page of such book. When all ballot papers from the book have been issued, another book shall be given to the registrar and etc.

Article 521. Marking of Voters

  1. Marking procedure of the voters shall be applied in all election precincts. That involves the application of chemical ink, which is invisible and harmless to human health shall be made to the nail of the thumb or index finger of the right hand of each voter. (In case of failure of such action – to other nail of the right hand, and if it is also impossible - the same procedure shall apply to the left hand).
  2. When entering into the polling place, each voter shall pass the testing procedure for marking to be conducted by the relevant PEC member, who shall screen the place of marking by the use of special equipment and after such member makes herself/himself certain that such voter has no such mark, he/she shall allow the voter to participate in voting. If the equipment detects that any of the voters have already been marked, such voter shall be prohibited from participating in voting at the precinct and their name shall be entered in the Record Book.
  3. All voters who passes the testing procedure for marking, shall move forward to the registration desk, where the voter shall be registered and given a ballot paper (ballot papers). When receiving a special envelope after filling in the ballot paper (papers), the PEC member shall ensure the marking of such voter.
  4. If any PEC member, observer and/or election subject who are in the polling place casts doubt on the marking or testing procedure for marking, he/she shall have the right to request that the procedure provided under paragraphs 2 and/or 3 of this Article be held repeatedly. Such persons shall have the right to request a proper response to any violation of the marking procedure.
  5. No marking procedure shall be applied to ships at sea, pre-trial detention places, hospitals and other in-patient centers (to the patients), as well as to voters participating in voting by mobile ballot box.
  6. Any voter, who has already passed the marking procedure and has participated in voting, shall have no right to vote again in the same or any other election precinct.
  7. Any person violating the requirements prescribed under this Article shall be punishable by the law of Georgia.

Article 53. Issue of Ballot Papers and Special Envelopes

  1. Each PEC shall issue a ballot paper(s) and special envelope(s) on the basis of the list of voters and presentation of a Georgian Citizen’s Identity Card (Georgian Citizen’s Passport).
  2. On election day each voter is issued with one special envelope and the appropriate number of ballot papers.
  3. When issuing a ballot paper(s), the number of the voter’s Georgian Citizen’s Identity Card (or Georgian Citizen’s Passport) and the number of ballot papers issued shall be specified in the relevant columns of the list of voters. The election commission member who is the registrar shall confirm the issuing of such ballot paper(s) by affixing his/her signature to the list of voters.
  4. Deleted.
  5. Each voter shall confirm the acceptance of a ballot paper(s) by affixing his/her signature to the list of voters.
  6. The PEC Secretary shall, twice on election day, at 12:00 a.m. and 17:00 p.m., shall count the number of voters participating in the election by counting the signatures on the list of voters and shall, specifying the relevant time, enter this number in the public display protocol, the summary results protocols and the Record Book.

Article 54. Conduct of the Poll

  1. Each voter votes personally. It is forbidden to vote instead of another person.
  2. Voting shall be conducted in compliance with the following rules and sequence:
  1. Before entering into the polling place, each voter shall pass the testing procedure for marking;
  2. If such voter is not marked, he/she shall be entitled to vote. The PEC member regulating the voter flow shall allow such voter to enter into the polling place unless more than two voters are standing at the registration desk;
  3. The voter entering into the polling place shall come to the registration desk to which his/her serial number in the voters list is assigned, present his/her Georgian Citizen’s Identity Car and registration card or a Georgian Citizen’s Passport, to the registrar and, after entering the number of such Card or Passport into the voters list, confirm the receipt of a ballot paper(s) by her/his signature. When issuing such ballot paper(s) the registrar shall affix her/his signature in the relevant column on the back side of the ballot paper(s) and to the list of voters;
  4. The voter shall take the ballot paper(s) to the table placed separately in a conspicuous place, where the PEC member authorized to verify ballot paper(s) by her/his signature shall verify the ballot paper(s) by affixing his/her signature thereto;
  5. After verification of the ballot paper(s), the voter shall enter the voting booth and fill in the ballot paper(s), in secret, according to the procedures established by this Law. After filling in the ballot paper(s), the voter shall fold the ballot paper(s) so that it is impossible to identify who she/he voted for;
  6. The voter shall carry the folded ballot paper(s) to the table placed separately in a conspicuous place, where the PEC member authorized to certify the ballot papers by affixing the special seal thereto shall verify the signatures on the back of the ballot paper(s) and, if such signatures are valid, shall certify the same by affixing the special seal thereto, hand the voter the special envelope with the same special seal affixed thereon, and ensure marking (inking) of the voter;
  7. The voter shall put the ballot paper(s) so certified into the special envelope, move to the ballot box and put the envelope therein. No more than one voter shall be allowed to come to the ballot box at one and the same time.
  8. The PEC member assigned to supervise the ballot box shall be permanently present at the ballot box. Such member shall keep the special envelope insertion slot closed and shall open the same only after he/she makes himself/herself sure that the voter has only one envelope in his/her hand;
  9. The slot for inserting the envelopes in the ballot box shall be sealed after voting has finished.
  1. When filling in the ballot paper(s), no other person shall be present. Any voter who is unable to independently fill in the ballot paper shall have the right to invite to the voting booth any person to help him/her fill in the ballot paper, other than any of the:
  1. PEC members;
  2. Candidates;
  3. Representatives of the election subject;
  4. Observers.
  1. If any of the voters or PEC members spoil a ballot paper or special envelope, he/she shall inform the PEC Chairperson to that effect, surrender the spoiled ballot paper/special envelope and receive a new one. The edge of such spoiled ballot paper/special envelope shall be cut off in the presence of the voter, the word "Spoiled" shall be written thereon, and after it has been signed by the PEC Chairperson, the spoiled ballot paper shall be kept separately.
  2. The PEC members and the persons authorized to be into the polling place shall have the right to request from any voter, before such voter enters the voting booth and before inserting the ballot paper(s) into the special envelope, to show the number of ballot paper(s) and special envelopes held by such voter to make themselves sure that the number thereof is equal to the number established by this Law. The voter shall be obliged to follow such requests.
  3. If the ballot box seal has been broken the PEC Chair suspends voting and decides by issuing an ordinance, on sealing the ballot box anew and continuation of voting.
  4. The polling place shall be closed at 20.00 pm. The electors standing in the line have the right to participate in the voting. The member of the PEC regulating voter flow shall count the electors standing in the line and submit this information and the name of the last voter in the line to the PEC Chairperson, who shall announce that only the electors standing in the line are entitled to vote.

Article 55. Observing Order in the Polling Place on Election day

  1. The PEC Chairperson supervises and is responsible for the maintenance of order in the polling place on election day.
  2. Carrying out the decisions taken by the PEC Chairperson for the purpose of maintaining order in the polling place is obligatory for election commission members, all the persons who have the right to be present in the polling place and for all voters.
  3. It is forbidden for armed persons to enter the polling place.
  4. If a threat to the conduct of the election in accordance with the requirement of this Law arises in the polling place, or on its adjacent territory, or to safe movement of election documents, the PEC Chairperson may summon police employees, who may remain present on the adjacent territory of the polling place. Immediately upon having prevented any violation of public order, and with the consent of the PEC Chairperson, the police employees will leave the polling place and its adjacent territory.

Article 56. Voting by Means of Mobile Ballot Box

  1. The persons specified under paragraph 11 of this Article shall be entitled to vote by mobile ballot box.
  2. Any voter unable to come to the polling place on election day shall, no later than the 5th day prior to election day, apply to the PEC with a request for voting by mobile ballot box. The DEC shall furnish the PEC with information on any voter being in an in-patient center on election day no later than the 10th day prior to election day. The name of such voters shall be entered in the Supplement after:
  1. A written, or verbal statement made by the voter by phone, has been registered in the registration journal of the PEC in which the relevant entry shall be made by the PEC Secretary specifying the exact time of receiving the telephone massage and the Secretary shall confirm the same by his/her signature (the telephone number used by the voter to make such a statement shall be specified in the registration book);
  2. Any transfer of the voter to the Supplement shall be recorded in the general or special list of voters, which will be certified by the signatures of the PEC Chairperson and Secretary.
  1. After 11am on election day, the PEC Chairperson assigns the PEC members who shall accompany the mobile ballot box, on the conduct of the poll at the addresses of the voters, and hands them the mobile ballot box list (the Supplement).

31. If more than 2% of the total number of voters in the election precinct, apply to the PEC for voting by mobile ballot box, only the disabled voters registered in the PEC Record Book according to the established procedures, shall be entitled to vote by mobile ballot box.

  1. No less than 2 members of the PEC and the persons who have the right to be present in the polling place take part in the conduct of voting at the addresses of the voters.
  2. In order to organize voting in accordance with the addresses of the voters, one transparent mobile ballot box shall be used. The PEC Secretary shall specify in the Record Book the number of ballot papers issued to the PEC members accompanying the mobile ballot box. At the end of voting for the elections, the number of blank ballot papers which were not used by PEC members accompanying such mobile ballot box shall be counted for the propose of reconciliation.
  3. If, in cases envisaged by paragraph 1 of this Article, the place of registration and the place of actual location of a voter are in the same election district, the voter is given the right to take part in both proportional and majoritarian elections and he/she is issued with the appropriate ballot paper(s) and special envelope. Otherwise, the voter is given only the right to take part in proportional elections. The procedure for voting is conducted by the PEC, on the territory of the military compound, hospital or other inpatient treatment center, or penitentiary, where the voter is located.
  4. Voting by means of a mobile ballot box ends at 7pm on election day. At the end of voting, the mobile ballot box is sealed in such a way which makes it impossible to open it, without damaging the seal. The sealed mobile ballot box must be immediately returned to the PEC, but not later than 8pm on election day .

Article 57. Procedures to be Carried Out Before Opening of the Ballot Box

  1. After the completion of voting, the PEC Chairperson shall, in the presence of the persons entitled to be into the polling place, choose at least 3 counting officers from the members participating in the casting of lots as specified in paragraph 1 of Article 52 of this Law, in accordance with the procedures established under paragraph 2 of the same Article, and the observers shall agree and elect no more than two supervisors from the observers (if the observers fail to reach agreement, the PEC Chairperson shall elect two supervisors from the observers by the casting of lots).
  2. The counting officers shall count, in consecutive order, the total number of voters who participated in voting according to the general and special lists of voters and the Supplement. The PEC Secretary shall immediately enter the results into the relevant summary protocol of voting and election results, the public display protocol and the Record Book, and then, shall separately pack and seal the general and special lists of voters and the Supplement.
  3. The counting officers shall, in consecutive order, count and pack:
  1. Blank ballot papers and special envelopes, the number of which shall be immediately entered by the PEC Secretary in the relevant summary protocol of voting and election results. The number of blank ballot papers and special envelopes shall be specified on the pack;
  2. Spoiled ballot papers and special envelopes, the number of which shall be immediately entered by the PEC Secretary in the relevant summary protocol of voting and election results. The number of spoiled ballot papers and special envelopes shall be specified on the pack.
  1. On each package must be written the title and number of the election precinct, type of ballot papers, quantity of unused and spoiled ballot papers and special envelopes.
  2. Packages must be sealed and signed by the counting officers and the PEC Chairperson.
  3. After the completion of voting in election precincts in military compounds, the PEC seals the ballot box, list of voters, unused and spoiled ballot papers and special envelopes. The ballot box, list of voters and the sealed unused and spoiled ballot papers and special envelopes are immediately transferred to the PEC which has been determined beforehand by the DEC. The PEC then follows the procedures in accordance with the rules established for mobile ballot boxes. The results of these two precincts are processed through one protocol.

Article 58. Opening of Ballot Box

  1. The PEC Chairperson, in presence of commission members and the persons who have the right to be present in polling place, inspects the seal on the ballot box to ensure it is not broken.
  2. If the seal turns out to have been violated, but the PEC deems that this has not caused a violation of the requirements of this Law, by an ordinance of the PEC, the procedure for the consolidation of the results of voting continues. Otherwise, the ballot box is sealed and the ordinance of the PEC and the sealed ballot box are immediately transferred to the DEC.
  3. The counting officers shall carry the ballot boxes to the table placed separately and occupy the place in a way that ensures that PEC members and the persons authorised to be in the polling place are standing on the opposite side of and one meter from the table. The two supervisors elected from the observers shall stand next to such counting officers.
  4. If more than ten voters have voted by mobile ballot box, the ballot papers in the main and mobile ballot boxes shall be counted separately. In this case, the main ballot box shall be opened first. The counting officers shall turn the ballot box upside down, let the special envelopes fall on the table, verify the availability of the control sheet in the ballot box and compare it with the control sheet kept by the PEC. If the control sheet is not available in the ballot box or any difference is detected between such control sheet and the one kept by the PEC, all envelopes shall be immediately packed, sealed, the relevant protocol shall be executed and immediately submitted to the DEC. If everything is as it should be, the counting officers shall count the special envelopes and the result shall be entered in the summary protocol (on the back of the cover of the book of protocols), the public display protocol and the Record Book. Thereafter, the counting of votes shall be commenced. After the results of the main ballot box have been summarized, the mobile ballot box shall be opened. The counting officers shall turn the mobile ballot box upside down, let the special envelopes fall on the table, verify the availability of the control sheet in the mobile ballot box, count the number of special envelopes and proceed with the counting of votes. If the number of special envelopes available in the mobile ballot box exceeds the number of voters whose signatures were affixed in the Supplement, the ballot papers available in the ballot box shall be deemed invalid. If less than ten voters voted through the mobile ballot box, the counting officers shall verify the availability of the control sheet separately in both boxes and then mix the special envelopes taken out from both boxes.

Article 59. Counting of Votes

  1. The PEC counts the ballot papers while observing the following rules:
  1. The first counting officer takes the ballot papers out of the special envelope, announces to whom the vote was given and transfers the ballot papers of one type to the second counting officer, the ballot papers of the second type to the third counting officer, etc, while placing special envelopes separately. Counting officers sort the ballot papers separately, according to the votes given to each election subject;
  2. Unofficial ballot papers and the ballot papers deemed invalid by the counting officers are placed separately. The ballot papers whose authenticity causes doubt, are placed separately;
  3. The ballot papers found in the ballot box without a special envelope are deemed invalid;
  4. If the number of ballot papers in a special envelope exceeds the determined number, all of them are deemed invalid. The inscription "invalid" is made on top and it is placed separately.
  1. One of the two supervisors elected from the observers stands next to the second counting officer as specified under sub-paragraph (a) of paragraph 1 of this Article, and the second supervisor stands next to the third counting officer as specified under the same subparagraph. They shall have the right to observe the entire procedure of counting, make remarks on any error observed, request rectification of such error and, unless such a request is satisfied, appeal against the action of the PEC before the higher level DEC; then in the court. The persons authorized to be inside the polling place shall have the right to request that the counting officer set aside the ballot papers whose authenticity is in doubt. The counting officer shall satisfy such a request.
  2. A ballot paper is deemed invalid only in the following cases:
  1. A ballot paper is not confirmed with the seal of election precinct commission and with the signatures of both commission members who signed the ballot papers;
  2. It is impossible to determine to which election subject the voter marked their vote for;
  3. The number of ballots in a special envelope exceeds the determined number;
  4. The Special envelope is not in the approved official form;
  5. A ballot paper in the ballot box is not in a special envelope;
  6. A ballot paper was intended for another election precinct.
  1. After all ballot papers are sorted according to categories, the ballot papers whose authenticity is of doubt are inspected. The issue of authenticity of each ballot paper is decided by the PEC. Ballot papers that are deemed valid are added to the pile of valid ballot papers, while ballots that are deemed invalid are added to the pile of invalid ballot papers.
  2. After the completion of the procedure described in paragraph 4 of this Article, unofficial ballot papers are counted and then the ballot papers that have been deemed invalid are counting, in accordance with their categories and shall be bound separately.
  3. The word "Invalid" shall be written on each ballot paper deemed invalid, and the word "Unofficial" on those ballot papers deemed unofficial and shall be duly signed by the counting officers and PEC Chairperson. Such papers shall be packed separately and the PEC Secretary shall immediately enter the number of these ballot papers in the summary protocol of voting results (on the back of the cover of the book of protocols), in the public display protocol and in Record Book.
  4. Each set of ballot papers shall be packed and sealed. The number of the election precinct, type and number of ballot papers shall be specified on each package.
  5. After the procedure specified in paragraph 7 of this Article has been completed, the number of votes cast for each election subject shall be counted and the ballot papers shall be packed according to the procedure provided for under paragraph 9. The pack of ballot papers cast for the each election subject shall be separately packed and sealed. The number of votes obtained by each election subject shall be immediately entered by the PEC Secretary in the relevant summary protocol (on the back of the cover of the book of protocols), in the public display protocol and in the Record Book.
  6. Every 10 ballot papers are bound with a metal staple and on each pack, complete as well as incomplete, is inscribed the number of ballot papers bound. These packs are bound into a single pack. On these packs of ballot papers should be inscribed the title and number of the election precinct, information on the election subject (subjects) (title, first and last name) and the number of votes received by the election subject (subjects), as well as the number of ballot papers in the pack.

Article 60. Summary Protocol of Voting and Election Results

  1. After completion of the procedures described in Articles 57-59 of this Law the PEC Secretary shall fill in 10 copies (NN 01-10) of the summary protocol of voting and election results according to the consolidated protocol intended for the PEC.
  2. During the elections for the President of Georgia, the representative body of local self-governance – sakrebulo, of a gamgebeli or a mayor, one summary protocol is compiled of the results of the elections held through the majoritarian election system . An exception is the election of the Sakrebulo of Tbilisi City, during which is compiled a summary protocol of the results of the elections held under a proportional election system, while during the elections for the Parliament of Georgia 2 protocols are compiled. One protocol is compiled according to results of the proportional elections and the other according to the results of the majoritarian elections.
  3. The summary protocol of the voting and election results shall include:
  1. The protocol registration number and date (to be filled in at the issue of the protocol);
  2. The title and number of the election district and the election precinct number;
  3. The type of elections;
  4. The date of the election (in case of a second ballot or the second round of election to be mentioned thereon);
  5. The number of accepted, unused and spoiled ballot papers and the number of special envelopes;
  6. The number of voters on the general list of voters, special lists and in the Supplement, the total number of voters in the election precinct;
  7. The voter turnout according to the general and special list of voters and the Supplement (this number shall be equal to the number of signatures in the voters’ lists), the total voter turnout in the election precinct;
  8. The number of envelopes in the main and mobile ballot-boxes;
  9. The number of valid, unofficial and invalid ballot-papers;
  10. The names of the election subjects and the number of votes received by them;
  11. The number of votes marked as against all candidates (the number of ballot papers where all election subjects are crossed out);
  12. The date and time of the approval of the protocol;
  13. The protocol data which is not agreed to by a commission member (the commission member shall put this record in the column " dissenting opinion" and sign thereunder).
  1. All members of the Precinct Election Commission are obliged to sign the protocol, by which is confirmed their presence at the election precinct. The protocol is approved by the PEC seal.
  2. If a PEC member does not agree with the data entered in the protocol, he/she has the right to attach to the protocol a dissenting opinion in writing.
  3. If there is a dissenting opinion, the PEC member is still obliged to sign the summary protocol of the voting and election results.
  4. Pages N01 and N02 of the summary protocol of voting and election results (enclosed with the dissenting opinions of the commission members) together with the sealed books of ballot papers and list of voters shall be immediately handed over to the higher level DEC.
  5. Pages NN03-08 of the protocol shall be immediately handed over to the representatives of the six parties/election blocs/voters’ initiative groups with the best outcome in the election precinct, while pages N09 and N10 shall be handed over to two observers of the election observing organizations (if more than two observers wish to get those protocols, the two shall be chosen by the casting of lots). If requested, other representatives and observers will be provided with copies of the protocol, completed in accordance with the summary protocol and signed by the commission Chairperson and Secretary on the day following election day (those protocols shall have force equal to the force of protocols NN01-10). The representative/observer shall confirm acceptance of the protocol with his/her signature made in the register of the PEC.
  6. Together with the summary protocol of voting and election results the DEC shall be forwarded the list of voters with the signatures of the voters who participated in the election. The DEC in turn shall forward those lists to the CEC who shall sort and keep them in the archives.

Article 61. Applications and Complaints Regarding Violation of Procedures of Voting and Counting of Votes

  1. An application/complaint regarding an observed violation against voting procedures shall be filed upon detection of violations of this Law, from 7:00am on election day until the opening of the ballot box.
  2. In the application/complaint shall be included the following:
  1. Date and time of filing the application/complaint;
  2. First name, last name and address of the applicant/complainant;
  3. Number and address of the election precinct;
  4. A description of the violation and the time when it was committed;
  5. In case of the existence of a witness – the first name, last name and place of registration of the witness;
  6. When identified the person who violated the law – the personal information that was possible to determine;
  7. Explanatory notes given by the person who violated the Law (in case of existence of such);
  8. Other additional information.
  1. An application/ complaint on observed violations against voting procedures before the opening of the ballot-box shall be handed to the election commission Chairperson, Deputy Chairperson or Secretary, who will register it in the Record Book and will provide the applicant/complainant with a Notice indicating the date and time the application/complaint was accepted at the commission in accordance with paragraph 16 of Article 22 of this Law.
  2. The PEC Chairperson is obliged to immediately make an appropriate reaction to the application/complaint and eliminate any existing violation.
  3. An application/ complaint on observed violations against vote counting and summing up of election results procedures, claiming revision or invalidation of the election results shall be filed before the approval of the summary protocols of the voting and election results and shall include the following:
  1. The date and time of filing the application/complaint;
  1. First name, last name and address of the applicant/complainant;
  2. Number and address of the election precinct;
  3. A description of the violation and the time when it was committed;
  4. In case of the existence of a witness – the first name, last name and place of registration of the witness;
  5. When identified the person who violated the law – the personal information that was possible to determine;
  6. Explanatory notes given by the person who violated the Law (if such exists);
  7. Other additional information.
  1. The application/complaint mentioned in paragraph 5 of this Article shall be registered by the PEC Secretary in the Record Book and shall be forwarded by the PEC to the higher level DEC by 18:00pm of the day following election day. In case the results are not summed up by this time, by 18:00pm of the day following the day the summary protocol of the voting and election results is completed. The application/complaint can be delivered to the DEC directly by the applicant/complainant within the same period.
  2. The PEC Record Book is closed with the signatures of the commission Secretary and commission members and is approved with the PEC seal.
  3. The PEC Record Book and any applications/complaints received are sealed separately and bound into a single package.
  4. The seal of the PEC is sealed in a separate package. The package is signed by the PEC Chairperson, Secretary and other members of the Commission.

Article 62. Adjudication of Application/Complaints on the Consolidation of the Election Results

  1. The application/complaint mentioned in paragraph 5 of Article 61 of this Law shall be registered by the DEC Secretary in the DEC Record Book upon its acceptance at the DEC. The commission will adjudicate the application/complaint and decide on it not later than the 3rd day following the registration of the application/complaint at the DEC. The decision of the DEC shall be made by ordinance.
  2. An application/complaint filed against an observed violation of the procedures established by paragraphs 1-3, 5 and 6 of Article 61 of this Law will not be considered.

Article 63. Consolidation of Voting and Election Results at District Election Commission

  1. Based on the summary protocols of the PEC, the DEC in consideration of the findings of the adjudication of violations of the election Law, shall, no later than the 4th day after election day, consolidate the voting results for the elections for the Parliament of Georgia (according to party lists), Presidential Elections and the elections for Tbilisi City Sakrebulo, consolidates the results for the elections for the Parliament of Georgia (according to single-mandate election districts) and local self-government (other than Tbilisi City Sakrebulo) and approve the summary protocols of the voting and election results held in the election district.
  2. The summary protocol of voting and election results shall include:
  1. The registration number and registration date of the protocol (to be filled at the issue of the protocol);
  2. The title and number of the election district;
  3. The type of elections;
  4. The date of the election (for second ballot or the second round of elections to be mentioned thereon);
  5. The number of the election precinct where the district election commission invalidated the election results, the total number of voters in that precinct and the grounds for invalidation of the results;
  6. The number of accepted, unused and spoiled ballot-papers ;
  7. The total number of voters in the election district;
  8. The voter turnout in the election district;
  9. The number of ballot papers issued to voters in those precincts where the election results were invalidated;
  10. The number of valid and invalid ballot-papers;
  11. The names of the election subjects and the number of votes received by them;
  12. The number of votes given against all candidates;
  1. The number of votes marked as against all candidates (the number of ballot papers where all election subjects are crossed out);
  2. The protocol data, which is not agreed to by a commission member (the commission member shall put this record in the column " dissenting opinion" and sign thereunder).
  1. The summary protocol of election results shall include the data mentioned in paragraph 2 of this Article as well as the identity of the elected person(s), identity of the candidates who participated in the second round of elections, the votes received by them in the second round, the identity of those elected in the second round.
  2. If the DEC invalidates the election results in any election precinct(s) and the total number of voters in this election precinct(s) is so inconsiderable that it will not have any effect on the recognition of the elections as valid or on the selection of the person(s) elected in the election district or the candidate(s) in the second round of elections, the DEC will determine the elected person(s) or candidate(s) participating in the second round not taking this precinct(s) into consideration.
  3. All DEC members who attended the commission session shall sign the summary protocol of the voting and election results. The protocol shall be affixed with the seal of the DEC.
  4. If any member of the DEC does not agree with the data entered in the protocol he/she shall have the right to state the grounds thereof in the protocol and enclose his/her written dissenting opinion with the protocol.
  5. The DEC Secretary immediately upon establishment of the data mentioned in this Article shall put that data in the public display protocol, which is to be displayed in a conspicuous place at the DEC.
  6. Pages N01 of the summary protocol of the voting and election results of the district and precinct election commissions (enclosed with any dissenting opinions of the commission members) shall be immediately handed over to the CEC.
  7. Pages NN02-08 of the protocol shall be immediately handed over to the representatives of the seven parties/election blocs/voters’ initiative groups with the best outcome in the election district, while pages N09 and N10 shall be handed over to two observers of the election observing organizations (if more than two observers wish to get those protocols the two of them shall be chosen by the casting of lots). If requested, other representatives and observers will be provided with copies of the protocol, completed in accordance with the summary protocol and signed by the commission Chairperson and Secretary on the day following election day (those protocols shall have force equal to the force of protocols NN01-10). The representative/observer shall confirm acceptance of the protocol with his/her signature made in the register of the election commission.

Article 64. Consolidation of Election Results at the Central Election Commission of Georgia

  1. No later than 18 days after election day, the CEC, based on the protocols received from the DECs and PECs, consolidates the results of parliamentary and presidential elections at its session and approves the summary protocol of the election results by its ordinance.

11. Central Election Commission shall not be authorized to consolidate the election results until the court decision is made on the existing application/complaint and without taking into consideration the court decision

  1. In case of the existence of an application/complaint and/or a dissenting opinion of an election commission member, the CEC can consolidate the results of the elections based on the PEC protocols.
  2. The CEC consolidates the results of the elections and determines:
  1. The total number of voters;
  2. The turnout of voters;
  3. The number of ballots deemed invalid;
  4. The number of unofficial ballots and special envelopes;
  5. The number of the votes received by election subjects.

31. In parallel with the entering of the summary protocols of election results from election precincts, the CEC shall ensure the data from those protocols is placed on the web-site. Election administration officers shall be prohibited from making announcements on the preliminary results of the elections, if those results are not placed on the web-site under the established procedures.

  1. Deleted.
  2. Deleted.
  3. The summary protocol of election results is signed by the CEC Chairperson and Secretary. One copy of the protocol is kept at the CEC, the second copy is transferred to the agencies defined by this Law. Copies of the protocol are transferred to all interested persons.
  4. Immediately upon consolidation of the final results of the elections, the CEC shall ensure those results are placed on the web-site, and hand them over to the mass media, no later than the next day.

CHAPTER VIII. TRANSPARENCY OF PREPARATION AND CONDUCT OF ELECTIONS

Article 65. Transparency of Elections

  1. The process of preparation and conduct of elections in Georgia shall be transparent.
  2. Derived from the goals of this Law, the activities of election commissions, election subjects, State authorities and bodies of governance, of unions (associations) and foundations registered in accordance with the legislation of Georgia, is carried out openly and publicly.
  3. Representatives of election subjects, domestic and foreign observer organizations, of press and other mass media, have the right to be present in polling places on election day and to observe election and voting processes.

Article 66. Transparency Of Preparation and Conduct of Elections

  1. For the purpose of ensuring the transparency of the preparation and conduct of elections, the election commissions publish the following information:
  1. Their activities;
  2. Establishment of election districts and precincts;
  3. Composition, location and working hours of election commissions;
  4. Election subjects.
  1. Election commissions, in the buildings allocated to them, post in conspicuous places the following:
  1. Lists of Voters and the rules and timeframes for appealing against inaccuracies in these lists;
  2. Lists of election subjects;
  3. Election programs of election subjects (if these are submitted to the election commission), which will be taken down before midnight on the day prior to election day;
  4. Decisions of the CEC and of the relevant DECs, which concern the activities of the commission in question.
  1. Relevant election commissions make public through press and other mass media the following:
  1. Party lists of the parties and election blocs taking part in the elections;
  2. Deleted;
  3. Decisions of the CEC;
  4. Summary protocol of the final results of the elections.
  1. Election documents are accessible to all persons. An election commission is obliged to provide all interested persons with the election documents and information on elections, within 2 days of being requested, and in case of a request for copies, the relevant election commission may establish a fee for the amount necessary for producing the copies, in accordance with the rules determined by the legislation of Georgia.
  2. When making public the information mentioned in paragraphs 1 and 3 of this Article via the public TV broadcasting, the public TV broadcasting shall provide acquaintance with the sounding speech of those persons with limited ability for their diminished hearing through the use of gesture-translation and/or using the appropriate special technology.

Article 67. Transparency of Election Commission Sessions: Persons Who are authorized to be Present in the Polling Place.

  1. The election commission session shall be open. The right to attend the election commission session shall be given to: members of the higher level election commission, staff members of the higher level election commission, one representative from each election subject, one representative from each international and domestic observing organization, accredited representatives of the mass media. Where a person is creating disorder and preventing the commission from operating, the election commission Chairperson has the right to remove the person who breaches the order of the session. This fact shall be noted in the session protocol. This decision of the Chairperson may be reversed by a vote of more than half the members of the election commission present at the session.
  2. The following persons have the right to be present in the polling place:
  1. Members of the CEC, DEC and PECs;
  2. Representatives of the CEC and of DEC;
  3. Representatives of election subjects;
  4. Representatives of the press and other mass media;
  5. Observers.
  1. All persons having the right to stay at the polling place shall wear a nametag (identity card) with their identity and status: Chairperson, Deputy Chairperson, Secretary, Member of the CEC, the number of the DEC or PEC, or the title of party/election bloc and the word "representative", or the first and last names of the candidate and the word "representative", or the name of the organization and the word "observer", or the name of the mass media and the word "representative".

Article 68. Domestic and Foreign Observers

  1. The right to observe elections shall be provided to those domestic and international observation organizations, who comply with the provisions of this Law, and will pass registration at the CEC or appropriate DEC.
  2. A domestic observation organization may be a local union (association) or foundation, registered in accordance with Georgian legislation no later than 2 years prior to election day, the charter or provision of which, at the time of undergoing registration, includes election monitoring and/or protection of human rights and who is registered at the CEC or a relevant DEC for the purpose of observing elections.
  3. A domestic observation organization shall implement observation of the elections through its representative - a domestic observer. One organization shall have the right to have no more than one observer at an election precinct simultaneously.
  4. A domestic observer of a domestic observation organization may be any citizen of Georgia above the age of 18, except for the following:
  1. Persons occupying State-political positions;
  2. Members of the Parliament of Georgia;
  3. Members of the representative bodies of local self-governance – sakrebulo;
  4. Heads and Deputy Heads of the bodies of local governance;
  5. Judges;
  6. Officers of the Ministries of State Security, Internal Affairs and Defense of Georgia, State Departments for State Border Protection and Intelligence Service of Georgia, Special State Guard Service;
  7. Officials of the Prosecutor’s Office;
  8. Election subjects and their representatives;
  9. Election commission members.
  1. An international observer organization may be a representative of another State, organization registered in another State or an international organization, the founding document of which includes monitoring of elections and/or protection of human rights and which is registered at the CEC for the purpose of observing elections.
  2. An international observer organization observes elections by means of the organization’s representative – an international observer.
  3. An international observer may be accompanied by an interpreter, who undergoes registration at the CEC together with the international observer.

Article 69. Registration of Observation Organizations

  1. An international observation organization as well as domestic observation organizations, which implement observation at the elections in more than one election district, shall be registered by the CEC.
  2. A domestic observation organization which implements observation within one election district shall be registered by the appropriate DEC.
  3. To be registered, a domestic observation organization shall apply to the appropriate election commission no later than 30 days prior to election day and provide a notarized copy of its charter. The application shall include the name of the election district(s) where the organization will conduct its observation. The election commission will decide on the registration of the organization within 5 days following the acceptance of the application.
  4. To be registered an international organization shall apply to the CEC no later than the 7th day prior to election day and provide a copy of its constituent document. If the observer (group of observers) represents the authority of another country, he/she shall provide an application and proxy certificate only. The CEC will decide on the registration of the organization, observer (group of observers) mentioned in this paragraph within 2 days following the acceptance of the application.
  5. The election commission is not entitled to dismiss the application for registration of the observation organization, if this organization complies with the provisions of this law. The election commission decree on the dismissal of an application for registration shall include the reasons for dismissal of the application and shall be served upon the organization no later than the next day following the making of the decision. The commission ordinance can be appealed in the court within 3 days following its adoption. The court decision shall be made within 3 days.
  6. No later than the 2nd day prior to election day the international organization registered with the CEC shall provide to the CEC Secretary the list of observers with their identity details (first name, last name, place of registration) indicating the election districts where they will observe the elections.
  7. No later than the 5th day prior to election day, a domestic observation organization registered by CEC shall provide to the CEC Secretary the list of observers appointed to the CEC, and to the DEC Secretary, the list of observers appointed to the district and subordinate PEC. A domestic observation organization registered by the DEC shall in the same period provide to the DEC Secretary the list of observers appointed to the PECs. The list shall indicate the observers' identity (first name, last name, place of registration) and the election district and election precinct(s) where they will observe the elections.
  8. The election commission Secretary shall, no later than the 2nd day following the submission of the observers list, register the observers submitted in compliance with this Law and issue to the observation organization the observer's certificate which simultaneously is the badge to be worn by the observer.
  9. In the observer certificate should be included:
  1. The first and last name of the observer;
  2. Title of the domestic or international organization which presented the observer;
  3. The name and number of the election district and precinct(s) where the observation shall be implemented.

Article 70. Rights of Observers

  1. An observer has the right to:
  1. Attend and observe election commission sessions;
  2. Be present in the polling place at any time on election day and observe all stages of the polling process;
  3. Replace, at any time on election day, another registered representative of the organization (in cases where such a representative exists);
  4. Take part in the inspection of ballot boxes, before they are sealed and after they are opened;
  5. Observe registration of voters on the voters’ lists, issue of ballot papers and special envelopes and their approval, without disrupting the polling process;
  6. Attend the procedures of counting of votes and of consolidation of results;
  7. Observe the process of voting by means of a mobile ballot box;
  8. Observe the counting of votes in such conditions which ensure visibility of the ballot papers;
  9. Observe the process of the election commission compiling the summary protocol of election results and other documents;
  10. Address the DEC Chairperson with an application/complaint regarding issues related to the procedures of voting and polling, by which he/she demands reaction in case of registering a particular violation;
  11. Request a voter to show how many ballot papers and special envelopes he/she holds;
  12. Make appeals regarding actions of an election commission to a higher level election commission, or court;
  13. Observe the ballot box, inserting of special envelopes into the ballot box, opening of the ballot box, counting of ballot papers and compiling of protocols;
  14. Become familiar with the summary protocols of voting and election results, compiled by election commissions.
  1. An observer does not have the right to:
  1. Interfere in the functions and activities of election commissions;
  2. Exert influence upon the free expression of the will of the voters;
  3. Agitate in favour or against an election subject;
  4. Wear symbols or signs of any election subject;
  5. Violate other requirements of this Law.

Article 71. Representatives of Election Subjects and Their Authority

  1. A representative of an election subject (a party participating independently in the election, election bloc, voters’ initiative group) represents an election subject in relations with the appropriate election commission.
  2. A party participating independently in the elections, election bloc, voter initiative group (in the case of the Presidential elections only) shall be entitled to appoint two representatives at every election commission, while a voters’ initiative group representing a candidate in single or multi-mandate election districts shall have the right to appoint two representatives in each of the appropriate districts and subordinate PECs.
  3. An election subject as mentioned in paragraph 2 of this Article, shall notify the appropriate election commission about the appointment of a representative. When providing complete information, the officer of the election commission specified under this Law, shall register the representative within 24 hours and provide him/her with a representative's certificate, which is also the badge to be worn by the observer.
  4. The application for the appointment of a representative of an election subject shall be signed by the leader of a party/election bloc or his/her authorized person; application for appointment of a representative of a voter’s initiative group is made to the higher level election commission, and shall include the representative's first and last names, year of birth, address, contact telephone number (if any).
  5. The election subject’s representative shall have the right to attend (only one representative from each election subject can be present at the same time) the election commission sessions, to stay at the polling place and to attend all procedures related to voting, vote counting and consolidation of the voting results.
  6. An election subject shall have the right to call back and/or substitute a representative at any time by notice sent to the appropriate election commission.

Article 72. Representatives of Press and Other Mass Media

  1. Representatives of the press and other mass media, accredited at the relevant election commission, have the right to attend election commission sessions and to be present in the polling place on election day.
  2. Accreditation of representatives of the press and other mass media operating on the territory of several election districts shall be implemented by the Secretary of the CEC or by the Secretaries of the appropriate DECs, while accreditation of the mass media representatives operating on the territory of one election district, by the Secretary of the appropriate DEC.
  3. Applications on accreditation of representatives of the press and other mass media are submitted to the relevant election commission, no later than 10 days prior to election day.
  4. Within 3 days of filing an application, the Secretary of the appropriate commission shall decide on the accreditation of the representatives of the press and other mass media and shall issue to the accredited representatives the appropriate certificate within 2 days. In case of the dismissal of the application for accreditation, the Secretary shall provide the appropriate ordinance (the reasons for the dismissal of the application shall be duly stated in the ordinance).
  5. On election day, the one organization of the press and other mass media has the right to have no more than 3 representatives in an election precinct at the same time.

Article 73. Election Campaign (Agitation)

  1. Election agitation begins at the time of the announcement of the elections. Candidates, on becoming election subjects, enjoy equal rights as of this day.
  2. The voters, candidates, election subjects and their representatives are entitled to campaign for or against an election subject or a candidate for election subject (person not registered as election subject as yet).
  3. Agitation via the press and other mass media after 24:00 on the day prior to election day is prohibited.
  4. In the case of appointment of the second round of elections, second ballot, mid-term or by-elections the election campaign (agitation) will be renewed from the day of the announcement of the elections.
  5. The following persons and entities do not have the right to take part in election agitation:
  1. Members of election commissions;
  2. Heads of bodies of State executive authority;
  3. Judges;
  4. Public officials of the Ministry of State Security, the Ministries of Internal Affairs and Defense, the State Department of the State Border Protection of Georgia, the State Department of Intelligence and the Special Service of State Security;
  5. Heads of bodies of local governance;
  6. Foreign citizens and organizations;
  7. Charity and religious organizations;
  8. Public officials of bodies of State and local governance, when they are carrying out the duties related to their office and work responsibilities.
  1. Election agitation may be carried out through the mass media, through holding of mass events (assemblies and meetings with citizens, public debates and discussions, rallies and manifestations), publication and dissemination of printed agitation materials, use of public address systems, or in other ways, in accordance with the rules established by Georgian legislation.
  2. As of the day of the announcement of elections, candidates, on becoming election subjects, have the right to produce election slogans, statements, inscriptions, leaflets, photo materials, etc. It is forbidden to prevent their dissemination and to expropriate them, as well as to expropriate automobile transport and other means used for agitation purposes, or to prevent their use for election agitation purposes.
  3. Commanders of military compounds shall provide for all election subjects adequate conditions for meetings with voters within the military compound. In cases of necessity, and by ordinance of the Minister of Defense, campaigning may by limited or banned in some military compounds, with immediate notice of such a ban or limitation being provided to the CEC. The CEC shall publish this information and disseminate it to all DECs within 2 days.
  4. From the moment of publication of the relevant legal Act that announces the elections until the publication of the final results of the elections, it is forbidden for election subjects and their representatives to personally, or through someone else, transfer to voters money, gifts and other items of material value, to sell them goods at privileged prices, to supply free-of-charge or disseminate any goods, except for the agitation materials envisaged by this Law, as well as to cause the interest of voters by promising to transfer them money, securities and other items of material value. In case of such facts being proved in a court, registration of the election subject is cancelled by court decision.
  5. It is forbidden to conduct election campaigning in buildings of the following institutions:
  1. Parliament of Georgia;
  2. Government and sub-agency departments of executive authority of Georgia;
  3. Courts and bodies of the Prosecutor’s Office.
  1. Any betting related to the elections shall be prohibited.
  2. From the day of the announcement of the election until the day of publication of the final election results by the CEC and one month following the latter date, when making public the results of public opinion polls related to the elections, the identity of the customer shall be indicated (the name or title according to the public or election register and legal address, if the customer is a legal person, and the first name, last name and address according to the Georgian Citizenship Identification Card, if the customer is a natural person). There shall also be indicated whether the poll is paid or unpaid, the name of the polling organization (according to the public or election register), its legal address, the public opinion poll date, methodology used, exact wording of the questions, limits of permissible deviations. From 48 hours prior to the poll and until 24:00 on election day, publishing of election-related public opinion surveys other than the one on the potential election participants and on the number of election participants on election day is prohibited.
  3. Public TV companies and radio broadcasters shall provide two hours of their airtime on daily television and radio free of charge, for election campaign and political advertising purposes for at least the last 15 days prior to election day. Those airtime hours shall be equally distributed among the election subjects
  4. Beginning from the 50th day prior to election day until the approval of the final election results by the CEC, both public and private TV companies shall abide by the following terms:
  1. If allocating air time for election campaigning and political advertising, the TV and radio companies must announce publicly and submit to the CEC the following information: the start and end date and frequency of the allocated air time; duration and timetable of the allocated daily air time; the air time tariff;
  2. Paid airtime allocated by a TV or radio broadcaster shall not exceed 15 % of the total daily broadcasting time per day; no election subject shall be allocated more than one-third of this time;
  3. Paid daily air time shall be equally allocated among the election subjects;
  4. The air time tariff shall be the same for all election subjects;
  5. When broadcasting political advertising via TV, the screen corner shall display the inscription "Paid political advertising" or "Free political advertising";
  6. For the period provided for in this paragraph, no election campaign statements and placement of political advertisement, may be made other than at the times and space allocated for this purpose.
  1. The day after the expiration of the term for election registration of parties and election blocs, newspapers, other than the newspapers of political parties, shall abide by the following terms:
  1. If allocating newspaper space for election campaigning and political advertising, the newspaper must publish in its newspaper and also provide to the CEC the following information: the start and end date and frequency of the allocated newspaper space; the size of space allocated in one newspaper issue; if providing newspaper space free of charge, how much of the total allocated space is being provided free-of-charge; the space tariff;
  2. No election subject shall be allocated more than one-third of the newspaper space in one newspaper issue or over a period of one week;
  3. The paid space allocated in the newspaper in one issue or over the period of one week shall be equally distributed among all the election subjects;
  4. The space tariff shall be the same for all election subjects;
  5. When publishing a campaign article or political advertising, above the heading of the article and in the corner of the advertisement, shall be made the inscription "Paid political advertising" or "Free political advertising";
  6. Must not publish election campaign materials and political advertising which violate the provisions of this paragraph during the period stated herein.
  1. Subject to paragraphs 14-15, a private TV, a radio broadcasting company or private newspapers have the right to allocate free of charge air time/space for political advertising to an election subject.
  2. If any election subject fails to use its share of air time or newspaper space, the TV, radio broadcasting company or newspaper shall have the right to distribute this time or space equally among the other election subjects.
  3. If an election subject uses any free air time provided by a TV and/or radio-broadcasting company and free space in a newspaper as provided for in paragraphs 13 and 16, he/she shall record this in the election fund account as a donation made by a TV or radio-broadcasting company or newspaper, for the amount equal to the cost of paid use of such time/space.
  4. A person who violates paragraphs 11-18 of this Article undertakes responsibility for such violations under the law.

Article 74. Pre-Election Rallies and Manifestations

  1. Holding of rallies and manifestations during the pre-election period is regulated by this Law.
  2. If a rally or manifestation may disrupt movement of people and transport, the organizers must notify, in writing, the relevant bodies of local self-governance and government beforehand, about the date and location of holding the indicated event. They, on their part, must ensure the safety of such planned events.
  3. It is prohibited to forbid and stop rallies and manifestations, except for cases when there are slogans calling to violate human rights and liberties, independence and the territorial integrity of the country, to instigate national, ethnic, provincial, religious and social strife, to overthrow the constitutional system and replace it through violence, as well as to propagate war and violence.
  4. Bodies of local self-governance and government are obliged to support election subjects in organizing and holding meetings and assemblies with voters, public debates and discussions, rallies and manifestations and to ensure the safety of these events.
  5. For the purpose of holding mass election events, buildings under the management of the bodies of State or local self-governance and government are provided free-of-charge to election commissions.
  6. The DEC, on the basis of the list of buildings and structures allocated by local self-government and administration bodies for election subjects, shall, in coordination with the election subjects draw up a timetable of election campaign activities (if the activities coincide in time and the election subjects have failed to agree on a timetable, the sequence of activities will be determined by the casting of lots).
  7. Deleted.
  8. Deleted.
  9. Deleted.
  10. From the expiration date for the registration of election subjects until the end of election day, it is forbidden to transfer senior officials of the bodies of local government and self-governance, police and the Prosecutor’s office, except until their authority expires and/or in cases when they have violated the law.

Article 75. Agitation Materials

  1. The CEC and DECs, together with the appropriate State authorities, shall ensure the publication and dissemination of information materials which are required to be produced by election commissions, no later than the 10th day prior to election day, and no later than the 5th day prior to polling day in the case of a second ballot. Dissemination of the party list and the lists of candidates nominated for single-mandate election districts is obligatory.
  2. Election subjects and their supporters have the right to present a program of further activity. The election program must not contain propaganda of war and violence, of overthrowing the existing State and social system or replacing it through violence, of violating the territorial integrity of Georgia, of calling to instigate national strife and enmity, religious and ethnic confrontation.
  3. Printed agitation materials may be displayed on buildings and premises and other objects, with the consent of the owners or possessors of such buildings, premises and objects.
  4. It is forbidden to post election posters on religious (cult) buildings, on the interior and exterior of buildings of State authorities, local self-governance and government, courts, the Prosecutor’s office, military compounds and police, as well as on traffic signs. Sakrebulos of village, community, daba and city may forbid posting of posters on certain buildings, but only proceeding from considerations of protection of monuments of architecture and culture. A list of such buildings is published no later than 50 days prior election day. Bodies of local self-governance and government are obliged to allocate places and/or install stands for posting and displaying election posters. The stand must be of such a size that all election subjects can be provided with equal conditions for the display of election posters. Removal, tearing down, covering up or damaging of election posters is inadmissible and punishable in accordance with the law, unless they are posted in forbidden places.
  5. On printed agitation materials must be indicated the names and addresses of the organizations that have ordered and produced them, as well as information on the number of copies printed and date of issue. Dissemination of printed agitation materials without indicating this information is forbidden.
  6. Copies of printed agitation materials must be submitted to the election commission, at which the election subject underwent election registration.
  7. Within 15 days of official publication of the final results of the elections, the relevant election subject is obliged to ensure removal of agitation materials, otherwise the election subject is held responsible as envisaged by the legislation of Georgia.

Article 76. Prohibition on Use of Official Position During Election Agitation and Campaign

  1. It is forbidden to use the material and technical resources of those organizations that are being funded from the State budget of Georgia, for election agitation and campaign
  2. Candidates taking part in the elections, who occupy positions in the bodies of the State or local authority, do not have the right to use their official position or office accommodation for the purpose of supporting or opposing any Party (election bloc), or candidate.
  3. Use of an official position or office accommodation implies:
  1. Involving office subordinates or other dependent persons, during their work hours, in activities which facilitates nomination and/or election of a candidate;
  2. Use of buildings occupied by bodies of State authorities and local self-governance and government, as well as by organizations that are funded from the State budget of Georgia, for the purposes of activities which facilitate nomination and/or election of a candidate, when other election subjects do not have the opportunity to use the same building on the same terms;
  3. Use of the means of communication, information services and various equipment intended for bodies of State authorities and local self-governance and government, as well as for organizations that are funded from the State budget of Georgia, for purposes of activities which facilitate nomination and/or election of a candidate;
  4. Free-of-charge use or use on privileged terms of the means of transportation owned by the bodies of State authorities and local self-governance and government, for purposes of activities which facilitate nomination and/or election of a candidate;
  5. Collection of signatures and conducting election agitation by officials of bodies of State authorities and local self-governance and government, during business trips (funded by bodies of State authorities or local self-governance and government).
  1. A registered candidate who is an officer of any state, local self-government or administration authority and to whom is not extended the official incompatibility with the candidate status, shall not have the right to enjoy the advantage of his/her official position for the election campaign, namely, he/she has the right to campaign during his/her spare time. This restriction shall not apply to the use of time allocated for the election campaign by TV and radio-broadcasting companies.
  2. If a registered candidate violates the provisions of this Article, the relevant election commission, by decision of a majority of the current members (active roll of the commission), no later the 7th day prior to election day, shall prohibit the participation of the candidate in the next elections of the same type; if the violation is proved before election day, the candidate’s registration will also be cancelled. The issue of a candidate for President and a candidate on a party list (if he/she is not also a majoritarian candidate) shall be decided by the CEC, and the issue of a majoritarian candidate shall be decided by the appropriate DEC subject to immediate notification to the CEC (if this candidate is in a party list he/she shall be removed from the list). The election commission is entitled to consider the issue mentioned in this paragraph, if the relevant application is filed at the commission no later the 30th day prior to election day or if the commission itself detected the breach, within the same period. The election commission ordinance prohibiting participation of the candidate in the next elections and cancellation of the election registration or the stated grounds of alleged breach may be appealed against in court within 3 days of the issue of this ordinance.

CHAPTER IX. ADJUDICATION OF DISPUTES

Article 77. Timeframes and Procedures for Consideration of Disputes

  1. A breach of the election law may be appealed against at the appropriate election commission or in a court of law. If the dispute refers to the constitutional nature of the elections - also at the Constitutional Court of Georgia.
  2. The decision of an election commission may be appealed against at the higher level election commission or in the court; of a decision of the CEC – in a court, within 3 calendar days of the making of the decision unless the present Law provides another timeframe. The court shall consider the decision of the election commission within 3 calendar days, unless the present Law provides another timeframe. Prolongation of the timeframe for submission of appeals and consideration of the dispute as provided for by this Law is prohibited.

21. Court decisions of the complaints that are not determined by this Article shall be appealed within 3 days

  1. Lodging appeals to the court does not suspend the effect of the appealed decision.
  2. The timeframe and procedures for filing an election related application/complaint, the timeframe and procedure for consideration and decision-making by the election commission, are determined under this Law and the regulations of the election administration. The issues not provided for by this Law shall be determined under the General Administration Code of Georgia. If the abovementioned normative acts do not provide the timeframe for filing application/compliant, they may be filed at any time, but no later than the 30th day after election day, and the election commission shall consider this application/complaint and make its decision within 10 calendar days.
  3. The group of possible appellants, the timeframes and procedures for filing an appeal in a court against decisions of election commissions and violations of the election law are determined by the procedural legislation of Georgia, unless the present Law provides another timeframe and/or procedure.
  4. The timeframes for the lodgement and consideration of constitutional appeals related to the appointment or non-appointment of an election as provided for by this Law are determined by the Organic Law of Georgia "On Constitutional Court of Georgia" and the Law of Georgia "On Constitutional Legal Proceedings". The term of appeal related to the constitutional nature of the elections shall be determined within 10 days following the announcement of the decision made on the approval of the election results by the appropriate election commission, and the term of consideration of the constitutional appeal is determined under the laws mentioned above.
  5. Regarding the voters’ lists:
  1. The right to lodge an appeal to the court is provided to a representative of a party/election bloc/voters’ initiative group having election registration at the appropriate election commission; to an organization with election observer status, to a member of the appropriate district or precinct election commission, to a citizen whose application for enrolment on the voters’ list was rejected by the election commission;
  2. An appeal shall be lodged to an appropriate regional/city court, which will consider the appeal and make its decision within 3 calendar days following lodgement of the appeal. The decision of the regional/municipal court shall be final and not subject to appeal.
  1. Regarding formation of election districts:
  1. The right to lodge an appeal to the court within the timeframe provided for under this Law is granted to the representative of a party/election bloc having election registration in the CEC, to an organization with election observer status, to a CEC member;
  2. An appeal shall be lodged with the Supreme Court of Georgia, which will consider the appeal and make its decision within 5 calendar days of lodgement of the appeal. The decision of the Supreme Court shall be final and not subject to appeal.
  1. Regarding formation of election precincts:
  1. The right to lodge an appeal to the court within the timeframe provided for under this Law is granted to the representative of a party/election bloc having election registration at the appropriate election commission, to an organization with election observer status, to a member of the appropriate district election commission;
  2. An appeal shall be lodged to the appropriate regional/city court, which will consider the appeal and make its decision within 3 calendar days of lodgement of the appeal. The decision of the regional/city court shall be final and not subject to appeal.
  1. Regarding appointment/election of a member of the CEC and DECs:
  1. The right to lodge an appeal to the court is granted to a person specified under Georgian legislation;
  2. An appeal shall be lodged to the appropriate district court, which will consider the appeal and make its decision within 3 calendar days of lodgement of the appeal. The decision of the district court shall be final and not subject to appeal.
  1. Regarding appointment/election of a member of the PEC:
  1. The right to lodge an appeal to the court is granted to representative of party/election block having election registration in corresponding district election commission, to an organization with election observation status, members of corresponding precinct and district election commissions;
  2. An appeal shall be lodged to the appropriate regional/city court, which will consider the appeal and make its decision within 3 calendar days of lodgement of the appeal. The decision of the regional/city court shall be final and not subject to appeal.
  1. Regarding the ordinance of an election commission and its chairperson on the pre-term termination of the authority of an election commission member or officer as well as regarding the failure to take a decision of the pre-term termination of the authority an election commission member or officer (in accordance with the grounds provided by Article 21 of this Law):
  1. The right to lodge an appeal to the court is granted to representative of party/election block having election registration, to an organization with election observation status, members of corresponding precinct and district election commissions, whose term has been suspended by this decree;
  2. The appeal shall be lodged to the appropriate district court when the matter concerns a member of the CEC or DEC, and to the appropriate regional/city court when the matter concerns a member of a PEC. The court will consider the appeal and make its decision within 3 calendar days of lodgement of the appeal. The decision of the district/regional/city court shall be final and not subject to appeal.
  1. Regarding an ordinance of the CEC on the pre-term termination of the authority of a subordinate election commission, as well as regarding the failure to take a decision on the pre-term termination of the authority of the subordinate election commission:
  1. The right to lodge an appeal to the court is granted to a CEC member, representative of a party/election bloc having election registration in the CEC, to an organization with election observer status, more than half of the members of the commission whose authority was dismissed under this ordinance;
  2. An appeal shall be lodged with the Tbilisi District Court, which will consider the appeal and make its decision within 3 calendar days of lodgement of the appeal. The decision of the district court shall be final and not subject to appeal.
  1. The right to appeal to the Supreme Court of Georgia regarding the failure to transfer funds allocated for the elections from the State budget of Georgia to the CEC account within the timeframe provided for under this Law is granted to the CEC. The appeal must be lodge within 10 calendar days of the expiration of this term. The Supreme Court of Georgia will consider the appeal and make its decision within 3 calendar days of lodgement of the appeal.
  2. Regarding election registration of a party, election bloc, voters’ initiative group and registration of their representatives:
  1. The right to lodge an appeal to the court is granted to: a party/election bloc, representative of a voters’ initiative group in the CEC (for elections for the President of Georgia), if the CEC has not registered this party/election bloc/voters’ initiative group or their representatives or has cancelled their registration; a representative of a voters’ initiative group in a DEC (for all elections other than elections for the President of Georgia), if the DEC has not registered this initiative group or its representative or has cancelled their registration; a party participating independently in the elections/election bloc/representative of a voters’ initiative group in the CEC (for elections for the President of Georgia), at least 2 persons having election observer status (accredited as observers by the CEC), if they deem that the party, election bloc or voter initiative group was registered in violation of the provisions of the election law; a party participating independently in the elections/election blocs/representative of a voters’ initiative group in a DEC (in all elections other than elections for the President of Georgia), at least 2 persons having election observer status (accredited as observers by the DEC), if they deem that a voters’ initiative group was registered in violation of the provisions of the election law;
  2. An appeal against the CEC chairperson's ordinance shall be lodged with the Supreme Court of Georgia within 3 days after the issue of the ordinance if the matter concerns registration of a party or initiative group; and within 2 days if the matter concerns registration of an election bloc. The Supreme Court of Georgia will consider the appeal and makes its decision within 3 calendar days;
  3. An appeal against the ordinance of the chairperson of a DEC shall be lodged to the appropriate regional/city court within 2 days after the issue of the ordinance. The court will consider the appeal and make its decision within 3 calendar days of lodgement of the appeal. The decision of the regional/city court is final and not subject to appeal.
  1. Regarding the ordinance of the election commission chairperson on registration of a candidate for the Presidency of Georgia, the party list presented by the party participating independently in the elections/election blocs, candidates who are in the party list and candidates nominated in single-mandate election district:
  1. The right to lodge an appeal to the court is granted to: a party/election bloc, representative of a voters’ initiative group in the CEC (for the elections for the President of Georgia), if the CEC has not registered a candidate for the presidency of Georgia, the party list presented by a party/election bloc, candidates in the party list and candidates nominated for single-mandate election districts and the DEC has not registered the candidates nominated by the party/election bloc for the local self-government elections or an election commission has cancelled their registration; a representative of a voters’ initiative group in a DEC (in all elections other than the elections for the President of Georgia), if the DEC has not registered the candidate nominated by this initiative group or has cancelled his/her registration; a party participating independently in the elections and having election registration, the registered election bloc, a representative of a registered voters’ initiative group in the CEC (for the elections for the President of Georgia), at least 2 persons having election observer status (accredited as observers by the CEC), if they deem that the party list or some candidates were registered in violation of the provisions of the election law; a party participating independently in the elections and having election registration, a registered election bloc, representative of a registered voters’ initiative group at the DEC (in all elections other than the elections for the President of Georgia), at least 2 persons having election observer status (accredited as observers by the DEC), if they deem that the DEC has registered a candidate in violation of the provisions of the election law;
  2. An appeal against the CEC Chairperson's ordinance shall be lodged in the Supreme Court of Georgia; against the ordinance of a DEC Chairperson - with the appropriate district court within 2 days following the issue of the ordinance if the matter concerns registration of an election bloc. The Court will make its decision within 3 calendar days. The decision of the Supreme Court of Georgia and the decision of the District Court are final and not subject to appeal.
  1. Regarding a CEC ordinance on registration of domestic and international observer organizations:
  1. The right to lodge an appeal to the court is granted to: domestic and international organizations, if the CEC has not passed them through registration; a party/election bloc having election registration, a representative of a registered voters’ initiative group in the CEC, a registered organization having observer status, if they deem that the observing organization was registered in violation of the election legislation;
  2. The appeal shall be lodged at the Tbilisi District Court within 3 days following the issue of the ordinance. The District Court will make its decision within 3 calendar days following the lodging of the appeal. The decision of the district court is final and not subject to appeal.
  1. Regarding an ordinance of the DEC on registration of a domestic observation organization:
  1. The right to lodge an appeal to the court is granted to: domestic and international organizations, if the DEC has not passed the organization through registration; a representative of a party/election bloc, registered voters’ initiative group in the DEC, a registered organization having observer status, if they deem that the observing organization was registered in violation of the election legislation;
  2. The appeal shall be lodged at the appropriate district court within 3 days following the issue of the ordinance. The district court will make its decision within 3 calendar days following the lodging of the appeal. The decision of the district court is final and not subject to appeal.
  1. Regarding an ordinance of the election commission Secretary on accreditation of representatives of the press and other mass media:
  1. The right to lodge an appeal to the court is granted to representative of press and other mass information means, whose application for registration was not allowed by the election commission, party/election block having election registration, representative of initiative group of voters’ in this commission, to an organization with election observation status;
  2. An appeal against the CEC Secretary's ordinance shall be lodged at the Tbilisi District Court; against the ordinance of a DEC - to the appropriate regional/city court within 2 days following the issue of this ordinance. The court will consider the appeal and make its decision within 3 calendar days. The decision of the district court and regional/city court is final and not subject to appeal.
  1. Regarding violation of the election campaign procedure established by Article 73 of this Law:
  1. The right to lodge an appeal to the court is granted to: a party, election bloc, representative of a voters’ initiative group in the CEC (for elections for the President of Georgia), an organization with election observer status, election commission, if the appeal concerns violation of the abovementioned procedure by a party/election bloc or a candidate for the Presidency of Georgia; to the party, election bloc, majoritarian candidate, organization with election observer status, election commission, if the appeal concerns violation of the abovementioned procedures by the candidate nominated to the single- or multi-mandate election district;
  2. An appeal shall be lodged at the appropriate district court if the matter concerns violation of the abovementioned procedures by a party, election bloc or a candidate for the Presidency of Georgia. The district court will consider the appeal and make its decision within 3 calendar days following lodgement of the appeal. The decision of the district court can be appealed against within 3 days to the Supreme Court of Georgia which will pronounce its judgment within 3 calendar days following acceptance of the appeal;
  3. An appeal shall be lodged at the appropriate regional/city court if the matter concerns violation of the abovementioned procedures by a candidate nominated to a single- or multi-mandate election district. The regional/city court will consider the appeal and make its decision within 3 calendar days following lodgement of the appeal. The decision of the regional/city court can be appealed against within 3 days to the appropriate district court which will pronounce its judgment within 3 calendar days following acceptance of the appeal. The judgment of the district court is final and not subject to appeal.
  1. Regarding violations by the press and other mass media of the provisions of paragraphs 11 and 13-17 of Article 73 of this Law:
  1. The right to lodge and appeal at the court is granted to a person specified by Georgian legislation;
  2. The appeal shall be lodged to the appropriate district court if the matter concerns the mass media, which disseminates information on the territory of one or several election districts, and to the Supreme Court of Georgia, if its information is disseminated over the whole territory of Georgia. The court will consider the appeal and make its decision within 3 calendar days following lodgement of the appeal. The decision of the court is final and not subject to appeal.
  1. Regarding an ordinance of the election commission in cases where there are violations of the provisions of Article 76 of this Law:
  1. The right to lodge an appeal to the court is granted to: the party nominating the candidate and the candidate about whom the ordinance has been issued; other parties with election registration, election bloc, representative of a voters’ initiative group in the CEC (for elections for the President of Georgia), organization with election observer status, representative of the voters’ initiative group in the DEC (if the matter concerns a majoritarian candidate), unless the commission proves the abovementioned breach;
  2. The appeal shall be lodged to the appropriate district court if the matter concerns a CEC ordinance. The district court will consider the appeal and make its decision within 3 calendar days following its lodgement. The decision of the district court can be appealed against within 3 days to the Supreme Court of Georgia, which will pronounce its judgment within 3 calendar days following acceptance of the appeal;
  3. The appeal shall be lodged at the appropriate regional/city court if the matter concerns the ordinance of a DEC. The regional/city court will consider the appeal and make its decision within 3 calendar days following the lodgement of the appeal. The decision of the regional/municipal court can be appealed against within 3 days to the district court, which will pronounce its judgment within 3 calendar days following acceptance of the appeal. The judgment of the district court is final and not subject to appeal.
  1. Regarding actions and decisions of a PEC and its members during polling and tabulation of the voting results (other than drawing up of the summary protocol of voting results and its approval):
  1. The right to appeal to the court is granted to: a representative of a party, election bloc, voters’ initiative group at the precinct or higher level DEC, an observer from an organization with election observation status at the precinct or higher level DEC, higher level election commission and its chairperson;
  2. The appeal shall be filed at the appropriate regional/city court whose decision can be appealed in accordance with the procedures and in the timeframe established by Georgian procedural legislation.
  1. Regarding an ordinance of the PEC on the summary protocol of this PEC and its approval (after appealing against this ordinance at the higher level district election commission) as well as regarding the relevant ordinance of the higher level district election commission:
  1. The right to lodge an appeal to the court is granted to representative of party/election block having election registration, representative of initiative group of voters’ in corresponding district election commission, to an organization with election observation status;
  2. The appeal shall be filed at the appropriate regional/city court within 2 calendar days following the issue of the ordinance by the DEC. The regional/city court will consider the appeal and make its decision within 3 calendar days following lodgement of the appeal. The decision of the regional/city court can be appealed against within 2 days to the district court, which will pronounce its judgment within 3 calendar days. The judgment of the district court is final and not subject to appeal.
  3. When an appeal is lodged at a court, the court shall immediately notify the DEC about the acceptance of the appeal and, after pronouncement of its judgment, about the judgment. If the court allows the appeal, the judgment shall be served upon the appellant by12:00noon on the next day.
  1. Regarding an ordinance of the DEC on invalidation of the election results at the election precinct or, failure to invalidate the election results:
  1. The right to appeal to the court is granted to: a representative of a party, election bloc, voters’ initiative group, an observer from an organization with election observation status at the appropriate DEC as well as to the CEC and the CEC chairperson;
  2. The appeal shall be lodged at the appropriate regional/city court within 2 days following the issue of the ordinance by the DEC. The regional/municipal court will consider the appeal and make its decision within 2 calendar days following lodgement of the appeal. The decision of the regional/city court can be appealed against within 2 days to the district court, which will pronounce its judgment within 3 calendar days. The judgment of the district court is final and not subject to appeal;
  3. When an appeal is lodged at a court, the court shall immediately notify the DEC about the acceptance of the appeal and, after pronouncement of its judgment, about the judgment. If the court allows the appeal, the judgment shall be served upon the appellant by12:00 noon on the next day. The judgment of the district court, if it allows the appeal, shall be served upon the appellant by12:00 on the next day.
  1. Regarding a CEC ordinance on the determination that elections were held or not held:
  1. The right to appeal to the court is granted to: a party participating independently in the election/election bloc, representative of a voters’ initiative group in the CEC (for elections for the President of Georgia), representative of a voters’ initiative group at the DEC (if the matter concerns the election district) and an organization with election observation status;
  2. The appeal shall be lodged at the Supreme Court of Georgia within 2 calendar days following the issue of the CEC ordinance. The Supreme Court shall pronounce the judgment within 3 calendar days following the appeal;
  3. When an appeal is lodged at a court, the court shall immediately notify the CEC about the acceptance of the appeal and after pronouncement of its judgment, about the judgment. If the Supreme Court allows the appeal, the judgment shall be served upon the appellant by 12:00 noon on the next day.
  1. Regarding the ordinance of a DEC on the summary protocol of the DEC and its approval:
  1. The right to appeal to the court is granted to: a party participating independently in the election/election bloc, representative of a voters’ initiative group in the DEC and an organization with election observation status;
  2. The appeal shall be lodged at the appropriate district court within 2 calendar days following the issue of the ordinance of the DEC. The district court shall pronounce its judgment within 3 calendar days following the appeal. The judgment of the district court shall be final and not subject to appeal;
  3. When an appeal is lodged at a court, the court shall immediately notify the relevant election commission and the CEC about the acceptance of the appeal and after pronouncement of its judgment, about the judgment. If the court allows the appeal, the judgment shall be served upon the appellant by 12:00 noon on the next day.
  1. Regarding a CEC ordinance on the CEC summary protocol of the election results and its approval:
  1. The right to appeal to the court is granted to: a party participating independently in the election/election bloc, representative of a voters’ initiative group in the CEC (for elections for the President of Georgia) and an organization with election observation status;
  2. The appeal shall be lodged at the Supreme Court of Georgia within 3 calendar days following the issue of the CEC ordinance. The Supreme Court shall pronounce its judgment within 5 calendar days following the appeal;
  3. When an appeal is lodged at a court, the court shall immediately notify the CEC about the acceptance of the appeal and after pronouncement of its judgment, about the judgment. If the Supreme Court allows the appeal the judgment shall be served upon the appellant by 12:00 noon on the next day.

SPECIAL SECTION

PART II

CHAPTER X. ELECTIONS FOR THE PRESIDENT OF GEORGIA

Article 78. Elections for the President of Georgia

The President of Georgia is elected by the citizens of Georgia for a term of 5 years. One and the same person may be elected the President of Georgia only twice in a row.

Article 79. Holding of Regular Elections for the President of Georgia

  1. The first round of regular elections for the President of Georgian is held on the 2nd Sunday of April of the 5th year after the holding of the previous elections.
  2. Elections for the President of Georgia are not held during martial law or wartime.

Article 80. Right to Passive Vote

  1. A citizen of Georgia by birth who has the right to vote, is above 35 years of age, has lived in Georgia for at least 15 years and is living in Georgia on the day of appointment of elections, may be elected as the President of Georgia.
  2. A candidate for election as the President of Georgia may not be a citizen who has not lived in Georgia during the last 2 years and is not registered by the consular office of Georgia in any country.

Article 81. Right to Nominate Candidate for the Presidency of Georgia

  1. A political union (party) of citizens or a 5–person group of voters has the right to nominate a candidate for election as the President of Georgia.
  2. The nomination of a candidate for election as the President of Georgia must be confirmed by the signatures of no less than 50,000 voters.

Article 82. Rules for Nominating Candidates for the Presidency of Georgia

  1. A party or voters’ initiative group registered at the CEC has the right to nominate one candidate for election as the President of Georgia.
  2. For the purpose of nominating a candidate for the Presidency of Georgia, a party or voters’ initiative group, must address the CEC with an application, no later than 50 days prior to the poll, after which they have the right to collect signatures of supporting voters.
  3. In the application must be indicated the following information regarding the candidate for the Presidency of Georgia:
  1. First name, last name;
  2. Date of birth;
  3. Profession;
  4. Position (activity);
  5. Place of employment;
  6. Place of registration;
  7. Party affiliation;
  8. Period of residence in Georgia;
  9. Name of the nominating party, first names, last names, numbers of the Georgian Citizens of Identity Card (passport of Citizen of Georgia), place of registration, contact telephone and other information (if such exists) on members of the voters’ initiative group and their representative.
  1. Attached to the application must be the written consent of the person nominated as a candidate for the Presidency of Georgia, to take part in the elections, a copy of his/her birth certificate and three photographs.
  2. The application is signed by the Head of the party or by all members of the voters’ initiative group.

Article 83. Lists of Supporters of Candidates for the Presidency of Georgia

  1. For the purpose of registering a candidate for the Presidency of Georgia, representatives of the party or voters’ initiative group, must submit to the CEC a list of supporters of the candidate, no later than 40 days prior to election day.
  2. In the list of supporting voters there must be signatures of no less than 50,000 voters.

Article 84. Registration of Candidate of Presidency of Georgia

  1. A candidate for the Presidency of Georgia undergoes registration by ordinance of the CEC chairperson, no later than the 30th day prior to election day.
  2. Within 3 days of registration, the CEC chairperson shall provide the relevant certificate to the candidate for the President of Georgia.

2'. The CEC chairperson will not pass a candidate for the Presidency of Georgia through registration if:

  1. The data provided in paragraphs 3-5 of Article 82 of this Law is incomplete or incorrect;
  2. The list of supporting voters has less than 50 000 signatures;
  3. The timeframes determined by paragraph 1 of Article 83 of this Law are not complied with.
  1. The CEC, no later than the 6th day after registration of a candidate for the President of Georgia, makes public, through press and other mass media, a notice about the registration of a candidate for the Presidency of Georgia, including the first name, last name, year of birth, employment (activity), place of residence and place of employment.
  2. A candidate for the Presidency of Georgia can withdraw his/her candidature till 12:00 of the day before election day, by written application to the CEC. If a candidate withdraws their candidacy for the Presidency of Georgia, the name of this withdrawn candidate shall be stamped with the round seal "Withdrawn" on the ballot paper

Article 85. Guarantees of Activity of Candidates for the Presidency of Georgia and Their Representatives

  1. As of the moment of registration at the CEC, candidates for the Presidency of Georgia take part in the election campaign based on equality. They enjoy equal rights to use of the press and other mass media on all the territory of Georgia.
  2. During the election campaign, candidates for the Presidency of Georgia and their representatives may not be dismissed from office or transferred to another job or another position without their consent.
  3. A candidate for the presidency of Georgia shall not be detained, arrested or searched before the official publication of the final election results by the CEC, unless the request from the General Prosecutor of Georgia is agreed to by the CEC. An exception is the case of being caught at the scene of the crime, of which the CEC must be notified immediately. If the CEC issues the relevant ordinance, the detained or arrested candidate for the Presidency of Georgia must be released immediately.
  4. A CEC ordinance on providing the consent as mentioned in this Article shall be voted on within 3 calendar days after receipt of the request from the General Prosecutor of Georgia.

Article 86. Consolidation of the Results of Elections

  1. Elections for the President of Georgia are considered to have been held, if the majority of the total number of voters takes part in them.
  2. The candidate, who receives more than half of the votes of those voters taking part in the elections, is considered elected.
  3. If the elections are declared to have been held and none of the candidates has managed to obtain the necessary number of votes, a second round of elections is appointed.
  4. If the elections are not declared to have been held, or have been held, but in the first round only one candidate took part and he/she did not receive the necessary number of votes, or if the President of Georgia is not elected in the second round – by-elections are held.
  5. No later than the 16th day after election day, the CEC, at its session, shall sum up the election results according to election precincts and draw up the relevant summary protocol to be approved by a CEC ordinance.

51 CEC consolidates the results of elections based on district summary protocols, and in case

of existing claim/statement or dissenting opinion of commission member consolidates separate district results based on precinct summary protocols;

52 Precinct, followed by district election commissions are obligated to submit to CEC sealed packages of voters’ lists along with voting and election summary protocols.

  1. Within 5 days of the consolidation of the results, the CEC publishes a notice about the results of the elections through the press and other mass media.

CHAPTER XI. SECOND ROUND OF ELECTIONS FOR THE PRESIDENT OF GEORGIA, BY-ELECTIONS FOR PRESIDENT OF GEORGIA, EXTRAORDINARY ELECTIONS FOR THE PRESIDENT OF GEORGIA

Article 87. Second Round of Elections

  1. If the elections are declared as having been held and no candidate could get the necessary votes the second round of elections shall be appointed.
  2. The second round shall be appointed by ordinance of the CEC. The second round shall be held two weeks after the general elections (first round).
  3. The two candidates who have the best results in the first round have the right to take part in the second round of elections.
  4. The second round is considered to have been held, if at least 1/3 of the total number of voters take part in it.
  5. The candidate who receives the most votes, but no less than 1/5 of the total number of voters, is considered elected.
  6. In case of a tied result in the second round of elections, the candidate who receives more votes in the first round is considered elected.

Article 88. By-Elections

  1. By-elections for the Presidency of Georgia are held if:
  1. Elections were not declared to have been held;
  2. Elections were held, but only one candidate took part in the first round and he/she did not receive the necessary number of votes;
  3. President was not elected in the second round of elections.
  1. By-elections are held within 2 months time after the general elections (first round).
  2. By-elections are appointed by the Parliament of Georgia.
  3. The notice about appointment of the by-elections is publicized through the press and other mass media.
  4. The by-elections shall be held under the procedures established for general elections by this Law and within the timeframe determined by the CEC, but no later than 2 months following the general elections.

Article 89. Extraordinary Elections for the President of Georgia

  1. If the authority of the President of Georgia is terminated prior to its expiration, extraordinary elections are held no later than the 45th day after such termination of authority.
  2. If the termination of authority of the President of Georgia, prior to its expiration, coincides with Parliamentary holidays or a non-session week, the Parliament of Georgia meets no later than 48 hours after the termination of authority of the President of Georgia.
  3. The date of extraordinary elections of the President of Georgia is appointed by the Parliament of Georgia, no later than 72 hours after the termination of authority of the President of Georgia.
  4. Holding of extraordinary elections for the President of Georgia is ensured by the Parliament of Georgia, by means of the CEC.
  5. For the purpose of nominating a candidate for the President of Georgia, a party or voters’ initiative group, must address the CEC no later than the 40th th day prior to the extraordinary elections.
  6. For the purpose of registering a candidate for election as the President of Georgia, a representative of a party or voters’ initiative group, must submit to the CEC, no later than the 30th day prior to the extraordinary elections, a list of no less than 50,000 voters supporting the candidate.
  7. Candidates for the Presidency of Georgia are registered by the CEC, no later than the 25th day prior to the extraordinary elections.
  8. For snap-elections of the President of Georgia the poll shall be held within 45 days following the termination of the authority of the President of Georgia prior to the expiration of the Presidential term, under the general elections procedure established by this Law.

PART III

 

CHAPTER XII. ELECTIONS FOR PARLIAMENT OF GEORGIA

Article 90. Appointment of Elections for the Parliament of Georgia

  1. Elections for the Parliament of Georgia are held no later than 15 days before the expiration of its authority.
  2. The date of the elections is appointed by the President of Georgia, no later than 60 days prior to the elections.
  3. If the time for elections coincides with martial law or wartime, elections are held no later than 60 days after the abolition of the state of emergency or wartime.

Article 91. Term of Authority of the Parliament of Georgia: Composition of Parliament

  1. The Parliament of Georgia is elected for a term of 4 years.
  2. 150 members of the Parliament of Georgia are elected through party lists based on the proportional election system, while 85 are elected based on the majoritarian election system.

Article 92. Right to Passive Vote

  1. Any citizen of Georgia over 25 years of age, who has permanently resided in Georgia for at least 10 years and knows the Georgian language, enjoys the right to a passive vote and may be elected a member of the Parliament of Georgia.
  2. A citizen who has not resided in Georgia during the last 2 years and is not registered by the consular office of Georgia in any country, may not be elected as a member of the Parliament of Georgia.
  3. A drug-addict or drug-user shall not be elected a member of the Parliament of Georgia. If such person has been announced elected by the appropriate election commission, the Parliament of Georgia has no right to validate his/her authority.

Article 93. Right to Take Part in Elections for the Parliament of Georgia

Parties, election blocs and majoritarian candidates, registered at the appropriate election commission, have the right to take part in elections for the Parliament of Georgia.

Article 94. Incompatibility of Office with Status of Candidate for the Parliament of Georgia

Persons holding the following offices must be released (resign) before applying to the appropriate election commission, no later the 42nd day prior to election day, for the purpose of being registered as a candidate for the Parliament of Georgia:

  1. The President of Georgia;
  2. Ministers of Georgia and autonomous republics, heads and deputy heads of governmental and state departments and departmental institutions;
  3. Members of the Security Council of Georgia;
  4. Members of the Board of the National Bank of Georgia;
  5. The chairperson and vice-chairpersons of the Chamber of Control of Georgia;
  6. The Head of Staff of the Parliament of Georgia;
  7. The authorized representatives of the President of Georgia and their deputies;
  8. Heads and deputy heads of local self-government and administration authorities of a rayon, city, city region;
  9. Officers of the Ministries of Internal Affairs, Defense and State Security of Georgia, State Departments of Intelligence Service and National Border Protection of Georgia and Special Service of State Guard;
  10. Judges;
  11. Public Defender and Deputy Public Defender of Georgia;
  12. Members of the advisory body to the President of Georgia (who are not MPs);
  13. Assistants to the President of Georgia;
  14. Members of the Board for Auditing Activity;
  15. Members of the National Security Commission of Georgia, Commission for Accounting Standards, Georgian National Energy Regulatory Commission and other national regulatory commissions;
  16. Chairperson and deputy chairpersons of the Informational Bureau of Property and Financial Status of Officials;
  17. Prosecutors, deputy prosecutors, assistants to prosecutors, and investigators.

CHAPTER XIII. REGISTRATION OF ELECTION SUBJECTS TAKING PART IN ELECTIONS FOR THE PARLIAMENT OF GEORGIA

Article 95. Election Registration of Parties and Election Blocs

  1. To obtain the right to participate in the elections for the Parliament of Georgia, a party shall apply with the relevant application signed by its leader(s), to the Chairperson of the CEC:
  1. After appointment of the parliamentary elections, but no later than the 57th day prior to election day, if at the date of appointment of the elections the party has a representative in the Parliament of Georgia;
  2. From January 1 until August 1 of the parliamentary election year, if the party has no representative in the Parliament of Georgia.
  1. The application shall be enclosed with the party’s registration certificate and charter or notarized, certified copies of those documents.
  2. The application shall include the following information about the party:
  1. Its name, short and/or abbreviated name (if applicable) under which the party participates in elections;
  2. First name, last name, address (according to the place of registration), telephone number and the sample of signature of the party leader(s);
  3. First name, last name, address (according to the place of registration), telephone number and limits of authority of the party representative;
  4. If there are several leaders - the limits of authority of each leader in the period related to the election process.
  1. The name, short and abbreviated name of the party mentioned in subparagraph (a) of paragraph 3 of this Article shall not coincide with:
  1. The official name, short and abbreviated name of another party registered by the Ministry of Justice of Georgia (if the names coincide the second party will not have the right to use this name);
  2. The name, short and abbreviated name of an election bloc participating in the elections, if the application of this bloc was filed at the CEC earlier (if the names coincide the party will not have the right to use this name);
  3. The name, short and abbreviated name used by another party/election bloc in the last parliamentary elections, unless the consent of that party/election bloc is available.
  1. In the case specified by subparagraph (b) of paragraph 1 of this Article the appropriate CEC department will provide the party representative with a sample of the list of supporters.
  2. The appropriate CEC department will check the application and enclosed documents and will provide its conclusion to the CEC Chairperson no later than the next day after the day of filing of the application at the Commission.
  3. In the case specified by subparagraph (a) of paragraph 1 of this Article, the CEC chairperson shall, no later than the next day after providing the conclusion mentioned in paragraph 6 of this Article:
  1. Pass the party and its representative through election registration, if the filed application and enclosed documents meet the requirements of this Law;
  2. Notify, in writing, the party representative of the noncompliance of the application and enclosed documents, with the provisions of this Law (indicating the areas of non compliance) if such noncompliance exists, the party shall, within 3 days, correct the noncompliance in the application and documents.
  1. The corrected application and documents as specified in subparagraph (b) of paragraph 7 of this Article shall be checked and the decision on election registration shall be made within 2 days after their submission. If the corrected application and documents meet the requirements of this Law, the CEC chairperson shall pass the party and its representative through registration; otherwise he/she, within the same period, will issue an ordinance on dismissal of the application for election registration (the ordinance shall state the exact reasons for dismissal of the application for registration and the provisions of this Law that it did not comply with). Notification of the ordinance shall be provided immediately to the party representative and served upon request.
  2. In the case specified in subparagraph (b) of paragraph 1 of this Article, no later than the 3rd day after providing the conclusion mentioned in paragraph 6 of this Article, the CEC Chairperson shall notify in writing the party representative of the noncompliance of the application and enclosed documents with the provisions of this Law (indicating the areas of noncompliance), if such noncompliance exists. The corrected application and documents shall be returned to CEC chairperson within 3 days.
  3. A party which has no representative in the Parliament of Georgia, shall, within 60 days following the acceptance of the sample form of the list of supporters, but no later than August 15, submit to the CEC a list of at least 50,000 voters supporting the participation of the party in the elections for the Parliament of Georgia. The appropriate CEC department shall check the list of supporters in accordance with the procedures and within the timeframe established by Article 42 of this Law.
  4. If the application, with enclosed documents (or the corrected application and documents) and the list of supporters specified in this Article, are submitted within the period provided for by this Law and meet the requirements of this Law, the CEC chairperson, based on the conclusion provided by the appropriate CEC department, will pass the party and its representative through election registration within 10 days of receiving the conclusion, but no later than the 59th day prior to election day. Otherwise, he/she, within the same period, will issue an ordinance on dismissal of the application for election registration (the ordinance shall state the exact reasons for dismissal of the application for registration and the provisions of this Law which caused the dismissal of the application). Notification of the ordinance shall be provided immediately to the party representative and served upon request.
  5. The parties registered by the CEC chairperson have the right to constitute election blocs and to leave election blocs. To register an election bloc, the CEC chairperson shall be provided with the application and the election bloc charter signed by the authorized leaders of all parties constituting the bloc, no later than the 43rd day prior to the forthcoming elections.
  6. The application shall include the following information about the election bloc:
  1. Its name, short and/or abbreviated name (if applicable) under which the bloc participates in the elections and the list of all parties integrated in the bloc;
  2. First name, last name, address (according to the place of registration), telephone number of the leader(s);
  3. First name, last name, address (according to the place of registration), telephone number and limits of authority of the party representative;
  4. If there are several leaders - the limits of authority of each leader in the period related to the election process.
  1. The name, short and abbreviated name of the election bloc mentioned in subparagraph (a) of paragraph 13 of this Article shall not coincide with:
  1. The official name, short and abbreviated name, of another party (except a party-member of the same bloc) registered by the Ministry of Justice of Georgia (if the names coincide the election bloc will not have the right to use this name);
  2. The name, short and abbreviated name, of another election bloc participating in the elections, if the application for this bloc was filed at the CEC earlier (if the names coincide the bloc will have no right to use this name);
  3. The name, short and abbreviated name, used by an election bloc in the last parliamentary elections, unless the consent of that election bloc is available.
  1. The election bloc charter signed by the leaders of all the parties constituting the election bloc shall include:
  1. The name, short and/or abbreviated name (if applicable) of the election bloc under which the bloc participates in the elections;
  2. List of all parties integrated in the election bloc;
  3. The administering body (if any) of the election bloc, administrators and their authority;
  4. The procedure for decision-making by the election bloc, including adoption of new members in the bloc, resignation and withdrawal of a party from the bloc, nomination of candidates for the representative body by the bloc and cancellation of nomination;
  5. The person(s) having the right to sign bloc documents;
  6. The rules for using the seal of a party integrated in the bloc in the period related to election activities;
  7. The rules for appointment of the manager and accountant of the election campaign fund;
  8. The rules for making amendments to the election bloc charter.
  1. A party integrated in the election bloc shall not integrate into another election bloc or independently participate in one and the same elections.
  2. Upon acceptance of the application and charter mentioned in paragraph 12 of this Article the CEC will provide the bloc representative with the document certifying acceptance.
  3. The appropriate CEC department will check the application and charter mentioned in paragraph 12 of this Article and will provide its conclusion to the CEC chairperson no later than the next day after the day of filing of the application at the Commission. The CEC chairperson shall, no later than the next day after receiving the conclusion, pass the election bloc and its representative through election registration, if the submitted documents meet the requirements established under paragraphs 12-16 of this Article. If the submitted documents do not meet the abovementioned requirements, the CEC Chairperson will notify the election bloc representative, in writing, on the noncompliance of the documents, with the provisions of this Law (including the areas of noncompliance) if such noncompliance exists. The election bloc shall, within 2 days, correct the defects in the application and documents. The corrected documents shall be returned to the CEC no later than the 2nd day following the notice. The final decision on registration shall be made by the CEC chairperson within 2 days after the acceptance of the corrected documents. If the corrected documents meet the requirements of this Law, the CEC chairperson shall pass the election bloc and its representative through registration; otherwise he/she will issue an ordinance on dismissal of the application for registration (the ordinance shall state the exact reasons for dismissal of the application for registration and the provisions of this Law which have caused the dismissal). The ordinance shall be immediately notified to the election bloc representative and served upon request. The procedures described in this paragraph shall be completed on the 37th day prior to election day.
  4. A party which has undergone election registration has the right to integrate with a registered election bloc until the expiration of the period for registration of election blocs, under proper application and consent of the election bloc, provided to the CEC chairperson.
  5. Upon registration of the election bloc by the CEC Chairperson's ordinance, the authorities of the representatives of the party-members of the bloc in all election commissions are terminated and the bloc obtains the right to appoint its representative in each election commission.
  6. In case of resignation or withdrawal of a party (parties) from the election bloc up to expiration of the period for nomination of party lists/candidates, each party will have the right to continue to participate in the elections. If for this reason only one party remains in the bloc, the election registration of the bloc will be cancelled, by ordinance of the CEC chairperson and the parties previously integrated in it will have the right to continue to participate in the elections.
  7. In case of resignation or withdrawal of a party (parties) from the election bloc after the expiration of the period for nomination of party list/candidates, the election registration of this party is cancelled by ordinance of the CEC Chairperson. If for this reason only one party remains in the bloc, the election registration of the bloc will be cancelled by ordinance of the CEC Chairperson and the remaining party will be the legal successor of the bloc.
  8. A party/election bloc registered under this Article will have the right on the basis of its application to take part in elections at all levels, which are held until the following parliamentary elections. A party integrated in the election bloc will have the right to participate either independently or in composition with another election bloc in the elections of all levels, which are held until the forthcoming parliamentary elections, other than the mid-term parliamentary elections.
  9. No later than the 30th day prior to election day the CEC through the press and other mass media will make public the list of registered parties and election blocs according to the sequence of filing of their applications, as well as the list of those parties and blocs whose applications for registration were dismissed or whose registrations have been cancelled including the reasons thereof.

Article 951. Election Registration of Voters’ Initiative Group

  1. To obtain the right to participate in the elections and to nominate a candidate, a voters’ initiative group shall undergo registration under the procedure and in the period established by this Law:
  1. At the CEC - for Presidential elections;
  2. At a district election commission - for all other elections.
  1. For the election registration of a voters’ initiative group (except the elections for the President of Georgia) not earlier than the 60th and not later than the 55th day prior to election day, submit to the district election commission an application signed by all members of the voters’ initiative group (must have at least five members) of the same election district. The application shall include 2 photos of the representative, sample of his/her signature and shall indicate:
  1. The kind of elections the voters’ initiative group is applying for election registration to participate in, and the name of the election district where it intends to nominate the candidate;
  2. First name, last name, date of birth (D/M/Y), number of their Georgian Citizen's Identity Card or Georgian Citizen's Passport and personal number, address (according to the place of registration) of all members of the initiative group;
  3. First name, last name, number of their Georgian Citizen's Identity Card or Georgian Citizen's Passport and personal number, address (according to the place of registration), contact telephone numbers and/or fax of the representative of the voters’ initiative group as well as the limits of his/her authority.
  1. The Secretary of the DEC shall check the documents mentioned in paragraph 2 of this Article and no later than the next day after receipt of the documents shall provide an conclusion to the Commission Chairperson who will decide on registration of the voters’ initiative group and its representative. The Commission Chairperson, no later than the next day following receipt of the conclusion will pass the initiative group and its representative through registration, if the submitted documents comply with the provisions of this Law. Otherwise, within the same period the Chairperson will notify, in writing, the initiative group’s representative on the areas of noncompliance (indicating the defects) and will provide to the initiative group one day for correcting these defects. The corrected documents shall be returned to the DEC no later than the next day following such notification.
  2. The corrected documents specified in paragraph 3 of this Article shall be checked and the decision on election registration shall be made no later than the next day after their submission. If the corrected documents meet the requirements of this Law, the Commission Chairperson shall pass the initiative group and its representative through registration; otherwise, he/she, within the same period, will issue an ordinance on dismissal of the application for election registration (the ordinance shall state the exact reasons for dismissal of the registration and the provisions of this Law which are the with which have caused the dismissal). Notification of the ordinance shall be made immediately to the initiative group representative and served upon request. The procedure described in this paragraph shall be completed on the 51st day prior to election day.
  3. Upon registration of the initiative group, the DEC will provide the representative of the initiative group with a sample of the list of supporters form and 2 registration forms as mentioned in paragraph 12 of Article 96 of this Law.

Article 952. Cancellation of Election Registration of Party, Election Bloc and Voters’ Initiative Group

  1. The election registration of a party will be cancelled by ordinance of the CEC chairperson under the following circumstances:
  1. Based on their own request;
  2. If the party’s activities have been banned or suspended by the Supreme Court of Georgia;
  3. If the election registration of the election bloc has been cancelled in accordance with subparagraphs (c) or (d) of paragraph 2 of this Article;
  4. If the party has left or been withdrawn from the election bloc after the expiration of the period for nomination of the party list by the bloc;
  5. If it has failed to submit the party list or the submitted party list has not been registered;
  6. If, no later than the 2nd day prior to election day the number of candidates in its party list is less than the minimum established by this Law;
  7. If the party has failed to nominate its candidate for the President of Georgia or the candidate has failed to be registered, or if the election registration of its nominee for the Presidency has been cancelled.
  1. The election registration of an election bloc will be cancelled by ordinance of the CEC Chairperson:
  1. Based on its own request;
  2. If the election bloc has broken up or because of resignations, withdrawals or cancellation of the election registration of the member-parties of this bloc, or only one party remains in the bloc;
  3. If it has failed to submit the party list or the submitted party list has not been registered;
  4. If, no later than the 2nd day prior to election day the number of candidates in the party list of the election bloc is less than the minimum established by this Law;
  5. If the bloc has failed to nominate its candidate for the President of Georgia or this candidate has failed to be registered, or if the election registration of its nominee for the Presidency has been cancelled.
  1. The election registration of a voters’ initiative group will be cancelled by ordinance of the DEC Chairperson:
  1. Based on its own request;
  2. If it has failed to nominate a candidate or if its candidate has not been registered, or the election registration of its nominee has been cancelled.

Article 96. Submission of Party Lists

  1. Parties taking part in the elections independently, and election blocs, have the right to submit party lists.
  2. Each party taking part in the elections independently, and each election bloc has the right to submit one party list.
  3. The number of candidates (for election to Parliament) in the submitted party lists must not be less than 100 or more than 235.
  4. If a candidate is included in a party list, and has been nominated for a single-mandate election district, there must be an indication on the party list that the candidate is nominated for a single-mandate election district.
  5. It is forbidden to include in a party list, the persons who are, at the same time, members of another party taking part in the elections, except for the parties united in one election bloc.
  6. It is forbidden to include one and the same person in different party lists.
  7. Rules for compiling the party lists are determined by parties and election blocs.
  8. The list must be compiled taking into account that as a result of the elections, the mandates received by a party/election bloc, are distributed in sequence, beginning from the top of the list.
  9. The party list shall be submitted to the CEC after the election registration of the party/election bloc but no later than the 31st day prior to election day and shall be enclosed with the registration forms filled in and signed by every candidate for membership of the Parliament and photos of the candidates. If the candidate is simultaneously nominated for a single-mandate election district, the registration form and photo shall be submitted in 2 copies; a copy of those documents shall be forwarded to the appropriate election commission within 2 days of their receipt.
  10. The party list shall be authenticated with the signature of the person(s) authorized to sign on behalf of the party participating independently in the elections or the election bloc.
  11. The party list shall include the following information about each candidate:
  1. The first name and last name;
  2. Date of birth (D/M/Y);
  3. Address (according to their place of registration);
  4. The number of their Georgian Citizen's Identity Card or Georgian Citizen's Passport and personal number;
  5. Qualification (according to their education diploma/certificate);
  6. Place of work (name of institution, organization, enterprise etc);
  7. Title of job (if unemployed indicate - "Unemployed");
  8. Party affiliation (if an independent candidate indicate - "Independent");
  9. If the candidate is also nominated in a single-mandate election district, indicate the name and number of this district.
  1. The registration form shall include the following information for each candidate:
  1. The first name and last name;
  2. Date of birth (D/M/Y);
  3. Gender;
  4. Address (according to their place of registration);
  5. The number of their Georgian Citizen's Identity Card or Georgian Citizen's Passport and personal number;
  6. Education (higher, incomplete higher, vocational, secondary, basic, primary);
  7. Qualification (according to their education diploma/certificate);
  8. Place of work (name of institution, organization, enterprise etc);
  9. Title of job (if unemployed indicate - "Unemployed");
  10. Party affiliation (if an independent candidate, indicate - "Independent");
  11. Proof of permanent residence in Georgia for at least 10 years, if the candidate has not resided in Georgia for the last two years, there shall be indicated the Consulate of Georgia where he/she has been registered;
  12. Confirmation of military service;
  13. The name and number of the single-mandate election district where the candidate is nominated (if applicable);
  14. The candidate's consent to participate in the elections under the stated party list (if the candidate is nominated by party list, there shall be noted the name of the party participating independently in the elections/election bloc);
  15. The candidate's consent to participate in the elections at the stated single-mandate election district (if the candidate is nominated by an initiative group or party/election bloc);
  16. Whether the candidate was a Member of the Parliament of Georgia under the last elections;
  17. Signature and date of signature.
  1. Registration forms for registration in accordance with paragraph 9 of this Article will be provided to the representative of a party/election bloc by the Central Election Commission.
  2. Deleted.

Article 97. Nomination of Candidates in Single-Mandate Election Districts

  1. The right to nominate a candidate for election as a Member of Parliament in a single-mandate election district is granted to:
  1. A party participating independently in the elections;
  2. An election bloc;
  3. A voters’ initiative group for the relevant election district.
  1. Every party participating independently in the elections and any election bloc 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 where a person who is not in the party list may be nominated as a candidate.
  2. A voters’ initiative group for a single-mandate election district has the right to nominate one candidate for election as a Member of Parliament for that election district.
  3. The nomination of a candidate for a single-mandate election district by a party participating independently in the elections/election bloc shall be implemented in accordance with the procedures described in paragraphs 9-13 of Article 96 of this Law. The exception is the mid-term parliamentary elections where a person who is not in a party list may be nominated as a candidate under the same procedures.
  4. An initiative group obtaining election registration no later than the 41st day prior to election day shall submit to the appropriate district election commission an application for nomination of a candidate as a Member of the Parliament of Georgia, signed by the initiative group representative. The application shall include the name and number of the election district where the candidate is nominated, the candidate's last name, first name, date of birth, address (according to their place of registration), number of their Georgian Citizen’s Identity Card or passport of a Citizen of Georgia and personal number, party affiliation (if the candidate is independent indicate - "Independent") as well as the total number of forms signed by supporters and of signed supporters.
  5. The application mentioned in paragraph 5 of this Article shall be enclosed with:
  1. The list of supporters with at least 1000 signatures of voters registered on the territory of the appropriate election district, except the cases when the nominated candidate was elected as an MP at the last election and his/her authority has not terminated before their expiry according to the grounds provided for by subparagraphs (b) or (f) of paragraph 2 of Article 54 of the Constitution of Georgia;
  2. 2 registration forms filled in and signed by the candidate;
  3. 2 photos of the candidate.
  1. The DEC shall forward one copy of the documents mentioned in subparagraphs (b) – (c) of paragraph 6 of this Article to the CEC within 2 days following receipt of them.
  2. The total numbers of forms signed by supporters and signed supporters shall be registered in the register of the DEC and the representative of the voters’ initiative group will be provided with the proper certificate.

Article 98. Verification and Election Registration of Party Lists and Documents of Candidates for MPs Submitted to Single-Mandate Election Districts

  1. A party list and candidate nominated by a party/election bloc for a single-mandate election district, shall be registered by ordinance of the CEC Chairperson, and a candidate nominated by a voters’ initiative group – by ordinance of the DEC Chairperson, provided that all the documents as specified under this Law comply with the requirements prescribed hereunder. No document for election registration shall be considered if the timeframes established hereunder for submission of such documents is violated.
  2. The party list submitted by the party/election bloc shall be verified by the appropriate department of the CEC within 10 days after the submission of the list, but no later than the 26th day prior to election day, and submit its conclusion to the CEC Chairperson, who, within 3 days, but no later than the 25th day prior election day, shall:
  1. Register the party list and the candidates nominated for single-mandate election districts by a party/election bloc, provided that the submitted party list and the documents attached comply with the requirements prescribed hereunder;
  2. Give written notice to the representative of the party/election bloc on any inconsistencies, if any, between the requirements established by this Law and the data specified in the party list and the documents attached thereto (specifying such inconsistencies), and the representative of the party/election bloc shall be given 3 days to correct such inconsistencies detected in the party list and other documents.
  1. The data corrected as specified in subparagraph (b) of paragraph 2 of this Article shall be verified and the question of election registration shall be resolved within 5 days after the submission thereof, but no later than the 20th day prior to election day. Provided the corrected data complies with the requirements of this Law, the CEC Chairperson shall register the party list or the part of such list which complies with the requirements prescribed hereunder (if the number of candidates in this part is not less than the established minimum) as well as the relevant candidates nominating for single-mandate election districts, and shall issue, within the same period, the ordinance on dismissal of applications submitted by other candidates (such ordinance to specify the reason for dismissal of the application and the provisions of this Law which caused the dismissal of the application). If the number of other candidates in the party list, which complies with the requirements of this Law, proves to be less than the established minimum, neither the party list nor the candidates nominated by the party/election bloc shall be registered and the CEC Chairperson shall, within the period specified above, issue an ordinance on dismissal for registration of the party list (such ordinance to specify the reasons for such dismissal and the regulations) specified hereunder, the noncompliance of which resulted in such dismissal). The representative of the party shall be immediately notified on the ordinance specified under this Paragraph and shall be delivered the same immediately upon the request.
  2. The documents of a voters’ initiative group as specified in paragraphs 5 and 6 of Article 97 of this Law shall be verified by the DEC according to the procedures established by the CEC and the conclusion on all documents, except for the supporters' list, shall be submitted to the DEC Chairperson within 3 days after the receipt of such documents, and the conclusion on the supporters' list shall be submitted within a period of 15 days, but not later than the 8th day prior to the deadline for submission of such lists. If the above documents, except the supporters' list, fail to comply with the requirements prescribed hereunder, the DEC Chairperson shall, not later than the 2nd day after the receipt of the conclusion, notify, in writing, the representative of such initiative group on any inconsistencies detected (specifying such inconsistencies) who shall be given 3 days for correction of such inconsistencies.
  3. The corrected documents specified in paragraph 4 of this Article shall be verified and the decision for or against the registration shall be made within 5 days after the submission thereof, but not later than the 31st day prior to election day. Provided the supporters' lists and the corrected documents comply with the requirements prescribed hereunder, the DEC Chairperson shall register the candidate, otherwise, the DEC Chairperson shall, within the same period of time, issue an ordinance on rejection of the application for election registration (such ordinance shall state the reasons for the rejection and provisions of the law which caused the rejection of the application). Notification of this ordinance shall be provided immediately to the representative of the voters’ initiative group and shall be delivered forthwith upon request.
  4. No candidate standing for Parliament shall be registered, and the registration of any registered candidate shall be cancelled by ordinance issued to that effect by the CEC Chairperson, or by the ordinance of the DEC Chairperson (if the registration of such candidate was ensured by the DEC Chairperson), or by court decision, if the applications and documents submitted to the relevant election commission fail to comply with all the requirements provided hereunder, or other provisions of this Law are violated, in particular:
  1. If the data specified in the applications and documents are incomplete or incorrect;
  2. If the candidate included in the party list is a member of any other party participating in the elections;
  3. If the candidate is included in more than one party list and there is, or was, the consent of such candidate for inclusion thereof in one or more lists simultaneously;
  4. If the candidate included in the party list is nominated for a single-mandate election district by any other party, election bloc or voters’ initiative group;
  5. If, during the period of the elections for the Parliament of Georgia, another election is held and there is, or was, the consent of such candidate for simultaneous participation in both elections as a candidate;
  6. If the requirements established under paragraph 9 of Article 73 and/or Article 76 hereof are violated.
  1. Election registration of any party list and of the party, election bloc and any other parties incorporated into such bloc shall be cancelled if no later than the 2nd day prior to election day, the number of candidates in the party list proves to be less than the established minimum as provided hereunder.

Article 99. Determining Sequence of Election Subjects

  1. The sequence of the election subjects shall be established no later than the 14th day prior to election day.
  2. The sequence of parties and election blocs taking part in the elections is determined according to the sequence of the parties and election blocs that took part in the last Parliamentary elections. If an election bloc which took part in the last Parliamentary elections does not take part in elections anymore, the right to participate under its number is sequentially awarded to the parties, named in the list of the election bloc. If an election bloc includes parties, that took part in the last elections separately, in the charter of the election bloc must be indicated, the right of which party included in the bloc will be used for awarding of the sequential number. In this case, the parties and election blocs that are next in the sequence will, respectively, move up.
  3. The sequence of parties and election blocs, except for the parties and election blocs indicated in paragraph 2 of this Article, is determined by the casting of lots.
  4. If the election registration of an election bloc is cancelled, the remaining parties and election blocs retain their sequential number on the ballot paper as awarded by the casting of lots.
  5. A candidate nominated by a party or election bloc for a single-mandate election district, is awarded the same sequential number as the party or election bloc that nominated him/her, while the sequence of other candidates is determined by the casting of lots.
  6. For the purpose of the casting of lots, the Chairperson of the election commission writes on sheets of paper of the same shape and type, with the same writing instrument, the numbers corresponding to the quantity of parties, election blocs and majoritarian candidates. Each sheet must be approved by the commission seal. The sheet is folded in a way that makes it impossible to read the number written on it. The commission Chairperson places the filled out sheets into a transparent box, from which representatives of parties, election blocs and majoritarian candidates take the sheets, in turn. The number drawn becomes the sequential number of the candidate.
  7. Registered party lists are published by the CEC in the press and other mass media, while information on candidates nominated for single-mandate election districts, is published by the DECs, no later than 12 days prior to election day. Only information as it appears on a ballot paper is published.

Article 100. Cancellation of Decision on Nomination of Candidate for Membership of the Parliament of Georgia

  1. A candidate for membership of the Parliament of Georgia, as well as the nominating party or election bloc, have the right, at any time, but no later than 2 days before election day, to refuse to take part in the elections or to cancel the decision on nomination of a candidate, for the purpose of which they have to apply to the relevant election commission.
  2. A party, which is taking part in elections independently, or an election bloc, has the right to cancel its 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 CEC, based on an application signed by the Head of the party (person determined by the charter of the election bloc), taking part in elections independently.
  3. A candidate for membership of the Parliament may withdraw his/her candidature, no later than 2 days prior to election day, for which the candidate must apply to the relevant election commission.
  4. The election commission immediately makes public through the press and other mass media, the information on withdrawal of an election subject or a separate candidate from the elections.

Article 101. Dismissal of Candidate for Membership of the Parliament of Georgia from Carrying Out Official Duties

A candidate for membership of the Parliament of Georgia, based on his/her own application and presentation of the relevant license, is given a paid vacation for the period of the election campaign.

Article 102. Immunity of Candidate for Membership of the Parliament of Georgia

  1. A candidate running for membership of the Parliament of Georgia, shall not be detained, arrested or searched before the official publication of the final election results by the CEC, unless the request from the General Prosecutor of Georgia is agreed to by the CEC. An exception is the case of being caught at the scene of the crime, of which the CEC must be notified immediately. If the CEC issues the relevant ordinance, the detained or arrested candidate for the Parliament of Georgia must be released immediately
  2. The ordinance of the CEC on the approval as specified in this Article shall be voted on within three calendar days upon the receipt of the request from the General Prosecutor of Georgia.

CHAPTER XIV. CONSOLIDATION OF THE RESULTS OF ELECTIONS FOR THE PARLIAMENT OF GEORGIA

Article 103. Counting of Votes at the Precinct Election Commissions

  1. The PEC sums up the results of the poll and enters them into the protocols of results of the elections held through the majoritarian and proportional systems.
  2. The summary protocol of results of the election conducted in accordance with the proportional election system is compiled according to party lists, while the protocol of results of the election conducted in accordance with the majoritarian election system is compiled according to candidates nominated to single-mandate election district.
  3. Deleted.

Article 104. Consolidation of the Results of the Poll at District Election Commission

  1. The DEC, based on the protocols of the PECs, sums up at its session the results of polling and enters them into the protocols of results of voting held in accordance with the majoritarian and proportional systems.
  2. If any application/complaint or dissenting opinion of any PEC member is submitted requesting for the revision or invalidation of voting results, the DEC shall, by its ordinance, decide for or against the opening of the packages and re-counting of the ballot papers received from the PEC, and if the precinct election results may affect the final election results, the DEC shall perform the aforementioned action.
  3. Deleted.

Article 105. Consolidation of the Results of the Elections at the Central Election Commission of Georgia

  1. The CEC, based on the protocols received from the DECs and PECs, not later than 18 days after election day (general elections) sums up, at its sessions, the results of the elections for the Parliament of Georgia and enters them into the protocol.
  2. One copy of the protocol is filed at the CEC, the second copy is transferred to the Parliament of Georgia, while copies confirmed by the seal of the CEC are transferred to representatives of the election subjects.
  3. Elections held in accordance with the proportional election system are considered to have been held, if at least 1/3 of the total number of voters took part in the elections.
  4. Elections in a single-mandate election district are considered to have been held, if at least 1/3 of the total number of voters in the election district took part in the elections.
  5. The candidate, who receives the most votes, but not less than those of 1/3 of the election participants, is considered to be elected.
  6. Mandates of the Members of Parliament of Georgia are awarded only to the party list that receives no less than 7% of the votes of the voters.
  7. For the purpose of determining the number of mandates received by a party list, the number of votes received by this list must be multiplied by 150 and divided by the total number of the votes received by such parties. The total number arrived at, as a result, represents the number of mandates received by the party list.
  8. If the total number of mandates received by parties or election blocs turns out to be less than 150, each mandate from the undistributed mandates is awarded to each of those party lists that received a higher number of votes in the elections.
  9. If the number of votes received by one or more party list turns out to be equal, the mandate is awarded to the list which was the first to undergo registration at the CEC.
  10. If a candidate is elected for both an election district and through a party list, then he/she is considered to be elected for the election district and is withdrawn from the party list and the candidates who are next on the list will move up one place on the list.
  11. Those candidates for membership of the Parliament, whose sequential numbers in this list are less than or equal to the number of mandates received by the list, are considered to be elected through party lists. The number of MPs, elected according to this list, remains unchanged.
  12. If, in any election district, because of gross violation of the Law, the voting results are deemed invalid in more than half of the election precincts or in some precincts, where the total number of voters is more than half of the total number of voters in the election district, the election results in the election district shall be deemed invalid and the CEC shall appoint by-elections.
  13. If any application, complaint or dissenting opinion of a DEC member is submitted requesting the revision or invalidation of voting results, the CEC makes a decision by passing an ordinance, for or against the opening of the packages and re-counting of ballot papers (special envelopes) received from the relevant PEC. The CEC is empowered to sum up the election results based on the PEC protocols.
  14. Where the election has been declared invalid in an election precinct, the CEC appoints the second ballot in this precinct, in cases where the difference between the votes of the candidates who have the best results is less than the total number of voters in this election precinct. In this case, if the results of the second ballot are cancelled, the results of the elections are summed up without taking this precinct into account.
  15. The second ballot may be appointed both after the first round and the second round of elections. Where necessary, the CEC is authorized to task the same or different composition of the PEC to hold the second ballot. The second ballot is to be held within 2 weeks after the first round (second round) of the elections.
  16. The second ballot for elections held in accordance with the proportional system is appointed in those cases where the total number of voters in these precincts is more than 10% of the total number of voters. In such cases, the second ballot is held within 2 weeks after the general elections.
  17. If the elections held through the proportional election system are declared to have been held, but none of the parties or election blocs have managed to receive the required threshold, by ordinance of the CEC a second ballot is held within 2 weeks after the general elections.
  18. Only those parties and election blocs, that received 2% of the votes in the general elections, have the right to take part in the second ballot. The party lists of the parties and election blocs that take part in the second ballot remain unchanged. Amendments may be introduced to them only in accordance with the general rules established by this Law.
  19. In the summary protocol of the final results of the elections, must be indicated the titles and numbers of those election districts and precincts, in which elections were declared invalid, as well as the number of voters in them, the reason for declaring the elections invalid, the total number of voters in each election district, the turnout of election participants, the number of Members of Parliament elected and those elected listed alphabetically.
  20. Within 5 days of the consolidation of the final results of the elections, the CEC makes public the summary protocol of election results through the press and other mass media.

Article 106. Second Round of Elections, By- and Mid-Term Elections. Procedure for Succession of MPs

  1. If in the first round of elections a Member of Parliament is not elected, the CEC shall appoint the second round of elections along with the approval of the results of the first round. The second round of elections shall be held no later than the 14th day after the approval of the results of the first round. The 2 candidates, who gained the best result in the first round shall participate in the second round of elections. If more than two candidates gain an equal number of votes or some candidates named after the candidate with the best results gain an equal number of votes, all the above candidates shall participate in the second round of elections.
  2. The candidate winning more votes in the second round of elections than the other shall be deemed elected. If the candidates gain equal votes, the candidate who had more votes in the first round shall be deemed elected. If the gained votes still remain equal, a by-election shall be appointed.
  3. If the elections are declared not held, and the election results are deemed invalid for a single-mandate election district, by-elections shall be held, and if the authority of the MP elected in this District is suspended before the expiration of the term of such authority, the mid-term elections shall be held.
  4. By-elections shall be held within two months after the declaration of elections as cancelled or after invalidation of the election results. By its ordinance, the CEC shall appoint the election day and timeframes for election arrangements, but no later than 7 days after the declaration of the election as cancelled or the invalidation of the election results.
  5. By its ordinance, the CEC shall appoint the mid-term election day and timeframes for election arrangements, no later than 2 months prior to election day. The mid-term election shall be held twice a year, in May-June or October-November. The elections shall be held on the nearest date.
  6. If the Member of Parliament is withdrawn 6 months prior the termination of authority of the Parliament, by-elections are not held.
  7. If a Member of the Parliament who resigns, was elected through the party list of a party participating independently in the elections, the seat of such MP shall be occupied by the candidate for Parliament named next in the same list within a period of 1 month, if such candidate agrees to be a member of the parliament within 15 days after the creation of the vacancy. Otherwise, the vacant seat shall be occupied by the candidate named next to such candidate in the list etc. If there is no other candidate named in the party list, this mandate of MP shall be deemed cancelled.

71. If a Member of the Parliament who resigns, was elected through the party list of an election bloc and it was specified in the party list that such member was the member of one of the parties of such election bloc, the seat of such Member shall be occupied within a period of 1 month by the candidate of the same party named next in the list, if such candidate agrees to be a member of the parliament within 15 days after the creation of the vacancy. Otherwise, the vacant seat shall be occupied by the candidate of the same party named next in the list etc. If it was not specified in the party list that such person was a member of one of the parties of the election bloc, his/her successor shall be appointed according to the procedure established by paragraph 7 of this Article.

  1. In the cases specified in paragraphs 7 and 71 of this Article, the CEC shall submit the relevant documents to the Parliament of Georgia.
  2. In the case of the withdrawal of a Member of Parliament elected for a single-mandate election district, the right to nominate the candidature for his replacement is awarded to the party and election bloc (notwithstanding whether this candidate is included on the registered party list), as well as to the initiative group of voters.
  3. After recognition of the authorities of MPs by the Parliament of Georgia, the status of candidate for MP shall be suspended for the remaining persons in the party lists.
  4. Immediately after the termination of the authority of an MP elected through a party list, before the expiration of the term determined for such authority, the status of the candidate for MP shall be reinstated to the person, who is a successor of such MP according to paragraphs 7 and 71 of this Article. If the authority of the MP elected for a single-mandate election district is terminated before the expiration of the term determined for such authority, the status of the candidate for MP shall be reinstated to the person in the party list if such party/election block nominates such candidate to run for MP (such status to be reinstated from the moment of submission of the name of such candidate to the CEC).

Article 107. Registration of Elected Members of Parliament of Georgia

Within 5 days of the final consolidation of the results of the elections, the CEC registers the elected Members of the Parliament of Georgia and issues to them temporary licenses as elected MPs.

Article 1071. Drug Control Over the Persons Elected as MPs of Georgia

  1. Before the recognition of the authority of the person elected as MP, such person shall submit to the Parliament of Georgia a documentary evidence that such person underwent drug control as provided in this Article.
  2. The Parliament of Georgia shall have no right to recognize the authority of the person elected as MP, if the document mentioned in the first paragraph of this Article specifies that such person is a drug addict or drug user. Such person shall lose the passive election right until such person submits to the CEC documentary evidence that such person is healthy.
  3. The document on drug control shall be submitted to the Parliament of Georgia after the approval of the summary protocol of election results by the CEC and, in the case provided under paragraph 8 of Article 106 hereunder - no later than the 14th day after the submission of relevant documents to the Parliament by the CEC. Otherwise, the election results shall be deemed invalid and by-elections shall be appointed. If the person was elected as an MP for a single-mandate election district, or by the CEC, the successor of such person shall be appointed according to Article 106, subparagraph 7 and 71 of this Law.
  4. The drug control shall be provided only after the date of the general/mid-term Parliamentary elections by a commission of a duly authorized institution. Such institution shall be selected jointly by the CEC and the Ministry of Labor, Health and Social Affairs of Georgia at least 30 days prior to the date of each general election. The right to provide such control as specified in this Article shall be granted by ordinance of the CEC Chairperson.

 

PART IV

CHAPTER XV. ELECTIONS OF REPRESENTATIVE BODY OF LOCAL SELF-GOVERNANCE – SAKREBULO, ELECTONS OF GAMGEBELI, ELECTIONS OF MAYOR

Article 108. Appointment of Elections of Representative Body of Local Self-governance – sakrebulo, elections of gamgebeli, elections of mayor

  1. Elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, elections of mayor, are held once in 4 years.
  2. Elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, elections of mayor, are appointed by the President of Georgia, no later than 2 months before the expiry of the term of their authority.
  3. Elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, elections of mayor, are not held during a state of emergency or wartime.
  4. Notice about the appointment of elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, elections of mayor, is published through the press and other mass media, no later than 3 days after the appointment of the elections.

Article 109. Election System

  1. Elections of the representative body of local self-governance – sakrebulo, in a village, community, daba, city and the city not included in the rayon, are held according to multi-mandate election districts, based on the majoritarian election system.
  2. Elections of the representative body of local self-governance – sakrebulo, in the city of Tbilisi are held based on the proportional election system.
  3. In the city, where the number of voters is more than 5,000 and in the city not included in the rayon, except for Tbilisi and Poti, gamgebeli, mayor is elected based on the majoritarian election system.

Article 110. Right to Active and Passive Vote

  1. A citizen of Georgia, who is 21 years of age by the day of polling, who has permanently resided in Georgia for at least 5 years and is registered through the rules established by Law, may be elected a member of the representative body of local self governance – sakrebulo, gamgebeli or mayor:
  1. For the election for members of the representative body of local self-governance – sakrebulo, on territory of the relevant sakrebulo;
  2. For the elections for gamgebeli, mayor, on territory of the relevant city.
  1. A citizen of Georgia may not be a member of two representative bodies simultaneously, except a member of the rayon sakrebulo and a member of the sakrebulo of a village, community, daba, city included in this rayon.
  2. Voters who, by the day of appointment of elections, are permanently or temporarily residing outside the borders of Georgia and voters who are on ships sailing, do not take part in elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, mayor.
  3. Military servicemen of a fixed-term and contractual military service take part in elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, mayor, according to the location of the military compound.

Article 111. Equal Right to Vote

  1. Voters in the elections of the representative body of local self-governance – sakrebulo, based on the majoritarian election system, have as many rights to vote, as there are members in the relevant sakrebulo.
  2. In the city of Tbilisi, in the elections of the representative body of local self-governance – sakrebulo, based on the proportional election system, each voter has the right to one vote.
  3. In elections of gamgebeli, mayor, each voter has the right to one vote.

Article 112. Composition of Representative Body of Local Self-governance - Sakrebulo

  1. Sakrebulo consists of:
  1. 5 members, if the number of voters on the territory of the relevant administrative unit does not exceed 5,000;
  2. 7 members, if the number of voters on the territory of the relevant administrative unit is 5,000 to 10,000;
  3. 9 members, if the number of voters on the territory of the relevant administrative unit exceeds 10,000;
  1. Sakrebulos of the cities of Batumi, Rustavi, Sokhumi, Poti, Kutaisi and Tskhinvali, consists of 15 members each.
  2. Sakrebulo of the city of Tbilisi consists of 49 members.
  3. The number of members to be elected in a sakrebulo is determined according to the number of voters on the territory of the relevant sakrebulo, according to the situation by January 1 of the year of elections.

Article 113. Terms of Authority of Representative Body of Local Self-governance – Sakrebulo, of Gamgebeli, of Mayor

  1. Authority of the new composition of a sakrebulo begins, and the authority of the old one ceases, upon the first gathering of the newly elected sakrebulo.
  2. Authority of gamgebeli, mayor, begins from the day of official publishing of the final results of the elections.

Article 114. Incompatibility of Office with Status of Candidate of Membership of Representative Body of Local Self-governance – Sakrebulo, Candidate Running for Gamgebeli, Mayor

  1. In case of being nominated as a candidate for membership of sakrebulo, a candidate running for gamgebeli, mayor, the authority of their office is suspended for the officials indicated in Article 94 of this Law.
  2. Authority of office is suspended for officials indicated in Paragraph 1 of this Article, before they are nominated to the relevant election commission as candidates.
  3. Authority of office is suspended for candidates for membership of sakrebulo, candidates running for gamgebeli, mayor, in accordance with the legislation of Georgia.

CHAPTER XVI. ELECTION DISTRICTS AND ELECTION PRECINCTS

Article 115. Election Districts

  1. For the purpose of the election, based on the majoritarian election system, sakrebulo of a village, community, daba, city, are established multi-mandate election districts.
  2. For the purpose of the election, based on the majoritarian election system, a gamgebeli or mayor, are established election districts, the number of which is determined in accordance with the number of voters on the territory of the city, according to the situation on January 1 of the year of the elections.
  3. Election districts for the cities of Batumi, Rustavi, Sokhumi, Poti, Kutaisi and Tskhinvali are established by ordinance of the CEC.
  4. Election districts of a village, community, daba, city, are established by ordinance of the relevant DEC.
  5. In the city of Tbilisi, for elections based on the proportional election system, of the sakrebulo of Tbilisi, the functions of the DEC are carried out by the CEC. The CEC is entitled to delegate to the Tbilisi DECs its rights other than those ones provided by Articles 118 and 120-126 .
  6. Within 5 days of the appointment of the elections, election commissions publish a notice on the election districts through the press and other mass media, with a statement of their boundaries.

CHAPTER XVII. RIGHT TO TAKE PART IN ELECTIONS OF REPRESENTATIVE BODY OF LOCAL SELF-GOVERNANCE – SAKREBULO, IN ELECTIONS OF GAMGEBELI, MAYOR, REGISTRATION OF ELECTION SUBJECTS, NOMINATION OF CANDIDATES AND ELECTION BALLOT

Article 116. Right to Take Part in Elections of Sakrebulo, Elections of Gamgebeli, Elections of Mayor

A party, election bloc, a candidate nominated by a party or an election bloc, who is registered at the relevant election commission, may take part in elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, mayor.

Article 117. Registration of Parties

Those parties that at the last Parliamentary elections did not undergo election registration at the CEC, undergo election registration for the purpose of taking part in elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, mayor, in accordance with the rules established by Article 95 of this Law.

Article 118. Submitting of Party Lists in Elections of Representative Body of Local Self-governance – Sakrebulo for the City of Tbilisi

  1. For the purpose of taking part in elections, in the city of Tbilisi, based on the proportional election system, of the representative body of local self-governance – sakrebulo, parties that are taking part in the election independently, and election blocs submit party lists to the CEC, no later than 30 days before election day.
  2. Each party and election bloc has the right to submit to the CEC one party list.
  3. The number of candidates in the party list submitted by parties and election blocs for the elections of the representative body of local self-governance – sakrebulo for the city of Tbilisi, must not be less than 49 or more than 98.
  4. Only party members or those persons, who are not members of another party taking part in the elections, may be included in a party list. Only members of the parties in an election bloc or those persons, who are not members of another party taking part in the elections, may be included in a party list submitted by an election bloc.
  5. The rules for compiling party lists are determined by parties and election blocs. During compilation of a party list it should be taken into account, that according to election results, the mandates received by a party, election bloc, will be distributed sequentially, from the top of the list, according to the sequence.
  6. In a party list must be included the following information on each candidate:
  1. First name, last name;
  2. Date of birth;
  3. Profession;
  4. Position (activity);
  5. Place of employment (if the candidate is unemployed, indicate – "unemployed");
  6. Party affiliation (if a member of a party, and if the candidate is not a member of any party, indicate – "no party affiliation");
  7. Number of their Georgian Citizen's Identity Card (Passport of a Georgian citizen) and personal number;
  8. Place of registration.
  1. The party list must be confirmed with the signatures of the Head of the party taking part in the elections independently, and with the signatures of the Heads of all parties in an election bloc.
  2. With the party list must be attached two photographs of each candidate, registration card (in two copies) signed by the candidate, the date of its filling out, where, along with the biographical data of the candidate (first name, last name, number of the Georgian Citizen's Identity Card (Passport of a Georgian Citizen) and personal number, place of registration, date of birth) must be included a declaration that the candidate has permanently resided in Georgia for 5 years and consents to stand as a candidate through this party list.
  3. For elections of the representative body of local self-governance – sakrebulo for the city of Tbilisi, the CEC issues registration cards beforehand to the representative of the party/election bloc. Immediately upon receipt of the documents, the representative of the party/election bloc, is issued with a confirmation of receipt statement, with the date indicated.

Article 119. Nomination of Candidates for Membership of Representative Body of Local Self-governance – Sakrebulo, Candidates for Gamgebeli, Mayor

  1. The following entities have the right to nominate candidates for membership of representative body of local self-governance – sakrebulo, candidates for position of a gamgebeli, mayor to the relevant election district:
  1. Initiative group of voters, consisting of no less than 5 persons;
  2. Party taking part in the elections independently;
  3. Election bloc.
  1. A party, election bloc, initiative group of voters has the right to nominate a person who has the right to vote, if he/she is supported by no less than 10 voters residing in the village, community, daba, and in cities – no less than 100, and in the city not included in the rayon – no less than 200 voters.
  2. For the purpose of nominating a candidate to a majoritarian district, initiative group of voters, party taking part in elections independently and election bloc, must address the relevant DEC with an application, no earlier than 40 and no later than 30 days before election day and must submit signatures of supporting voters.
  3. In the application must be included the following information on majoritarian candidates:
  1. First name, last name;
  2. Date of birth;
  3. Profession;
  4. Position (activity);
  1. Place of employment (if the candidate is unemployed, indicate – "unemployed");
  1. Number of their Georgian Citizens Identity Card (Passport of a Georgian citizen) and personal number;
  2. Place of registration;
  3. Title and number of the election district, where he/she is nominated as a majoritarian candidate;
  1. Party affiliation (if a member of a party, and if the candidate is not a member of any party, indicate – "no party affiliation");
  1. An application nominating a candidate for membership of a representative body of local self-governance – sakrebulo, candidate for position of a gamgebeli, mayor, is transferred to the relevant DEC. The application must be confirmed with the signature of the authorized person of the party, or with signatures of authorized persons of all the parties included in the election bloc, while in the application signed by all members of the initiative group of voters must be indicated the following information on the members and representative of this group: first name, last name, number of the Georgian Citizens Identity Card (Passport of a Georgian citizen) and personal number, place of registration, telephone number.
  2. With the application must be attached two photographs of the candidate and registration card signed by him/her in two copies, along with the biographical data of the candidate (first name, last name, number of the Georgian Citizens Identity Card (Passport of a Georgian citizen) and personal number, place of registration, date of birth) must be indicated the fact of the candidate having permanently resided in Georgia for 5 years and consent to stand as a candidate in the indicated election district.
  3. It is inadmissible to nominate one and the same person as a candidate for membership of a representative body of local self-governance – sakrebulo, for position of a gamgebeli, mayor, as well as a candidate for membership of Parliament of Georgia and for President of Georgia.

Article 120. Registration of Party List, of Candidates for Membership of Representative Body of Local Self-governance – Sakrebulo, Candidates for Gamgebeli, Mayor

  1. A party list is registered by the CEC within 5 days of its submission.
  2. Candidates for membership of the representative body of local self-governance – sakrebulo, candidates for gamgebeli, mayor, nominated for an election district, are registered by the relevant DEC, within 5 days of their nomination.
  3. Registration of candidates for membership of the representative body of local self-governance – sakrebulo, candidates for gamgebeli, mayor, ends no later than 25 days before election day.
  4. Within 3 days of registration of candidates for membership of the representative body of local self-governance – sakrebulo, candidates for gamgebeli, mayor, the relevant DEC issues to them candidate licenses.
  5. A candidate nominated for an election district shall be registered, if the following documents have been submitted:
  1. Registration card of the candidate;
  2. Application of the initiative group of voters;
  3. List of supporting voters;
  4. Two photographs.
  1. A party list or a candidate nominated by a Party, election bloc, shall not be registered, if in the registration card is not indicated or is indicated incompletely the following:
  1. First name, last name;
  2. Number of the Georgian Citizens Identity Card (Passport of a Georgian citizen) and personal number;
  3. Date of birth (year, month, day);
  4. Place of registration;
  5. Application for nomination of the candidate, which is confirmed by the Heads of the parties and election blocs;
  1. Party affiliation (if a member of a party, and if the candidate is not a member of any party, indicate – "no party affiliation");
  2. Place of employment (if the candidate is unemployed, indicate – "unemployed");
  1. Proof of permanent residence in Georgia for the last 5 years;
  2. Consent of the candidate to take part in the poll;
  3. Date of filling out of the registration card.
  1. If the submitted documents do not satisfy the requirements of this Law, the election commission does not register the party list or the candidate nominated by the party/election bloc.
  2. In case of violation of the requirements indicated in Paragraphs 5 and 6 of this Article, the relevant DEC or the CEC does not register the candidate.
  3. The order of priority of parties and election blocs which independently take part in the "sakrebulo" elections based on the proportional election system by the party lists shall be determined by the sequence of their results in the last parliamentary elections. If an election bloc which participated in the last parliamentary elections does not take part in the "sakrebulo" elections, the right to its order of priority shall be given to the party named in the list of the bloc members for the first time, and if this party refuses this – to the next party therein etc. If the election bloc established for the "sakrebulo" elections is composed of parties which participated in the last parliamentary elections, in the bloc charter they shall indicate the number of the party that will apply. If any party/election bloc has not applied for the right of use of the order of priority this order shall be transferred to the next party/election bloc.
  4. The order of priority of parties/election blocs other than that one indicated in subparagraph 9 of this Article, shall be determined by the casting of lots to be held under the procedure established by Article 99 of this Law. The order of priority of those parties/election blocs shall begin from the number exceeding by one the last number of the subjects provided by subparagraph 9 of this Article.
  5. The order of priority of candidates presented by the parties and election blocs which independently participated in the last parliamentary elections for the elections held by the majoritarian election system, according to the single-mandate and multi-mandate constituencies, shall be determined in accordance with the procedures established by subparagraph 9 of this Article, and the order of priority of candidates presented by the other parties, election blocs and initiative groups of voters – under the procedure established by subparagraph 10 of this Article. All candidates presented by one party/election bloc in one multi-mandate constituency shall be given one and the same number (to be indicated in the Arabic digit) and the sequence of the candidates with this number shall be given by alphabetical order, in the order of priority of presentation by the party/election bloc.
  6. If the registration of the party/election bloc is cancelled after attribution of the number thereof other parties/election blocs shall preserve the previous numbers.
  7. Information regarding the order of election subjects is published through the press and other mass media, no later than 3 days after the end of the term of registration. A list of the subjects, which have been refused registration, is published within the same timeframe.

Article 121. Canceling Decision on Nomination of Candidate

  1. A party, election bloc, has the right to cancel its decision on nomination of a candidate, no later than 2 days before election day.
  2. A candidate can withdraw his/her candidature, no later than 2 days before election day, by addressing a statement to the relevant election commission, which immediately notifies the CEC.
  3. Notice regarding cancellation of a candidate’s registration and nomination, is immediately published by the relevant DEC.

Article 122. Ballot Papers

  1. Ballot papers of two different types are prepared for elections of the representative body of local self-governance – sakrebulo.
  2. In the ballot intended for elections of the representative body of local self-governance – sakrebulo, based on the proportional election system, are indicated names of the parties/election blocs (after the name of the bloc must be indicated the names of the parties united in the bloc), in accordance with the established order.
  3. In the ballot paper intended for elections of the representative bodies of local self-governance – sakrebulos, based on the majoritarian election system, are indicated the sequential numbers, first and last names of all the candidates nominated for election to the relevant sakrebulo. Next to the name of the candidate, nominated by an initiative group of voters will be indicated - "candidate of initiative group", while next to the names of the candidates nominated by parties and election blocs will be indicated the names of the relevant party or election bloc. Information on candidates is included on the ballot paper in accordance with the sequence, determined through the casting of lots at his/her relevant DEC.
  1. For elections of gamgebeli,mayor, ballot papers are compiled separately and on them are indicated the sequential numbers, first and last names of all candidates to be elected gamgebelis, mayors. Next to the name of the candidate, nominated by an initiative group of voters will be indicated - "candidate of initiative group", while next to the names of the candidates nominated by parties and election blocs will be indicated the names of the relevant party or election bloc.
  2. On the ballot paper, compiled for elections of the representative body of local self-governance – sakrebulo in the city of Tbilisi, in which the names of parties and election blocs are included, the voter draws a circle around the sequential number of the party list of that party or election bloc, for which he/she is voting.
  3. On the election ballot, intended for elections of the representative body of local self-governance – sakrebulo, on which information regarding candidates is included, the voter draws a circle around no more than the sequential numbers of as many candidates as there are members to be elected in the relevant sakrebulo, while in elections of a gamgebeli, mayor – only around the sequential number of the candidate, for which he/she is voting.

Article 123. Determining Results of Elections in Election District

  1. Elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, mayor, are considered to have been held, if at least 1/3 of the voters of the relevant election district took part in the election.
  2. In order to determine the number of mandates received by a party list, the number of votes received by the party list must be multiplied by the number of mandates in the election district and divide that by the total number of the votes received by parties/election blocs which have participated in the elections with at least 4% of the vote. Total number arrived at, as a result, represents the number of mandates received by the list.
  3. If the total of the numbers received by party lists in the election district turns out to be less than the general number of mandates, undistributed mandates are distributed only among those parties/election blocs, which have obtained at least one mandate. In this case, one mandate in turn is awarded to each of those Party lists, that received a higher number of votes in the elections.
  4. If the number of votes received by two or more parties turns out to be equal, the mandate is awarded to the one, which was the first to undergo registration at the relevant DEC, for the purpose of taking part in the elections.
  5. Those candidates, whose sequential numbers in the party list are less than or equal to the number of mandates received by this party list, will be considered to have been elected into the sakrebulo based on the proportional election system.
  6. In a multi-mandate election district, those candidates, who receive more votes than others, will be considered to have been elected in accordance with the number of members to be elected to the sakrebulo based on the majoritarian election system.
  7. In elections of gamgebeli, mayor, the candidate who receives more votes than others will be considered to have been elected.
  8. If two candidates taking part in the elections collect an equal number of votes, the candidate who was the first to have been registered at the relevant DEC will be considered to have been elected.
  9. A DEC can declare results of the voting invalid in the election district, where this Law was significantly violated. Before adoption of decisions on those appeals, based on which it is possible to declare results of voting in an election district invalid, it is inadmissible to sum up the results of the elections at the DEC.
  10. Elections shall be declared invalid in an election district, if the general number of voters in those election precincts, where results of the election have been declared invalid, is more than 20% of the number of voters in the election district.
  11. A DEC, at its session, determines the results of the elections and approves the protocol.
  12. In elections for the representative body of local self-governance – sakrebulo, the DEC, based on the protocols received from PECs, determines the following:
  1. Total number of voters;
  2. Turnout of participants of elections;
  3. Number of unused and spoiled election ballot papers and special envelopes;
  4. Number of election ballots deemed valid;
  5. Number of election ballots deemed invalid;
  6. Number of unofficial ballot papers;
  7. Number of votes given to election subjects.
  1. In elections held based on the majoritarian election system, the candidate for the position of gamgebeli, mayor, who receives the highest number of votes, will be considered to have been elected.
  2. The number of copies of the DEC summary protocols of election results must exceed by four the number of candidates, nominated by parties/election blocs/initiative groups of voters, included on the ballot paper.
  3. No later than 5 days after election day, the first copy of the protocol, is sent to the CEC, the second copy is filed at the relevant DEC, the third is transferred to the mandate commission of the sakrebulo, the rest of the copies are transferred to parties, election blocs, representatives of majoritarian candidates.
  4. The DEC is obliged to immediately post the fourth copy of the summary protocol of election results at a conspicuous location, so that all may become acquainted with it.
  5. Within 10 days of the consolidation of the election results, the DEC, through the press and other mass media, publishes a notice on the results of the elections of sakrebulo, gamgebeli, mayor in the relevant election district. In the notice must also be indicated the party affiliation (in case of party membership, and if the person is not a member of any Party, it is indicated – "no party affiliation"), year of birth, profession, main activity, place of employment, of the elected sakrebulo members, gamgebeli, mayor.

Article 124. Second Ballot, By-Elections, Extraordinary Elections

  1. If the election is declared invalid in an election precinct, the relevant DEC appoints a second ballot, which must be held within 2 weeks of the general elections. A second ballot is held in cases where the discrepancy between the candidate, who has the least best result from the relevant number of candidates to be elected to the representative body of local self-governance – sakrebulo, and the candidate who has the next best result, is less than the general number of voters of this district, or the total number of voters of invalid precincts.
  2. During the second ballot, in case of invalidation of the results of the election in an election precinct, the relevant DEC sums up the results of the elections held in the election district without taking this precinct into account.
  3. In the case when the elections of the representative body of local self-governance – sakrebulo, elections of gamgebeli, mayor, are declared not to have been held, by-elections are held.
  4. In a case of termination, before expiry, of the term of authority of the representative body of local self-governance – sakrebulo, of gamgebeli, mayor, extraordinary elections are held.
  5. For the second ballot, by-elections and extraordinary elections, voting, counting of votes and consolidation of the results of the elections is carried out in accordance with the rules prescribed by this Law.

Article 125. Registration of Persons Elected as Members of Representative Body of Local Self-governance – Sakrebulo, as Gamgebeli, Mayor

Within 5 days of the consolidation of the final results of the elections, the relevant DEC registers the persons elected as members of the representative body of local self-governance – sakrebulo, as gamgebeli, mayor, and issues to them the relevant licenses.

Article 126. Replacement of Excluded Member of Sakrebulo by the Successor

  1. If the authority of a sakrebulo member, as a sakrebulo member, is terminated before expiry, his seat in the relevant sakrebulo is occupied, within 2 weeks, by the person replacing him/her:
  1. The candidate who is the next in sequence on the same party list (for sakrebulo of the city of Tbilisi), if he/she, within 10 days of having been notified by the CEC, declares their consent to become a sakrebulo member. If there are no more candidates in the submitted party list, the mandate is cancelled;
  2. The candidate who has the best results among the candidates who have not been elected sakrebulo members, if he/she, within 10 days of having been notified, declares consent to become a sakrebulo member. Otherwise, he/she is withdrawn from the list and the vacant seat is occupied by the next candidate. In case of non-existence of such a candidate, the mandate is cancelled.

 

CHAPTER XVIII. TRANSITIONAL PROVISIONS

Article 127

Until the jurisdiction of Georgia is fully restored in Abkhazia and the necessary conditions are established for elections of Members of Parliament of Georgia:

  1. The authority of Members of Parliament is extended to the Members of the Georgian Parliament elected as a result of the elections of 1992, who are Members of the Parliament of Georgia on the day of enactment of this Law. Immediately upon the conduct of elections for Members of the Parliament of Georgia in single-mandate election districts in Abkhazia and upon recognition of their authority, the authority of the Members of Parliament, whose authority has been extended, shall cease;
  2. If a Member of Parliament, as envisaged by subparagraph (a) of this Article, will be registered as a candidate for membership of the Parliament of Georgia, his/her authority is not extended.

Article 1271. Termination of Authority of Acting Election Administration

Immediately after the first meeting of the CEC and the DECs of Georgia, established as a result of the reorganization of election administration in accordance with Articles 128 and 1281 of this Law, the authorities of the members of the relevant election commissions and the staff employees thereof, acting before putting this Article in effect, shall be immediately terminated. The Head administrative officers of such election commissions shall transfer all affairs to the newly composed commissions and the staff employees of the election commissions shall, before transferring their affairs and being discharged from their offices according to the Law of Georgia on the Public Service, adhere to the instructions of the election commission Chairpersons.

Article 128. Provisional Rules for Setting Up the Central Election Commission of Georgia

  1. After putting this Article into effect, on the basis of the first election results of the Parliament of Georgia, prior to establishment of the election commissions pursuant to this Law, the CEC of Georgia shall be established according to Article 18, paragraph 5 of Article 20, Articles 21, 221, 26, paragraphs 3-6 of Article 28, Article 391 and this Article of this Law. If any of the provisions of the Articles specified above differs from the provisions of this Article, the provision established under this Article shall prevail.
  2. The CEC for the Parliamentary Elections of 2003 shall be composed of 15 members. The Commission session shall be valid if attended by more than half of the total composition of the Commission.
  3. The Chairperson of the CEC shall be appointed by the President of Georgia with the consent of the Parliament of Georgia.
  4. Five members of the CEC shall be appointed by the President of Georgia.
  5. Nine members of the CEC shall be appointed by those parties which by January 1, 2003 were registered under the procedures established by Georgian legislation, as follows:
  1. Three (3) members – by the party/election bloc which gained the second best result in the Parliamentary Elections of 1999 (if part of an election bloc the commission member shall be appointed by the party listed first in the list of bloc members; if this party waives this right – the party listed second etc);
  2. Two (2) members – by the party/election bloc which gained the third best result in the Parliamentary Elections of 1999 (if part of an election bloc the commission member shall be appointed by the party listed first listed in the list of bloc members; if the party waives this right – the party listed second etc);
  3. One member shall be appointed by each of four parties/election blocs which gained the best results in the local elections of 2002 in Tbilisi, held according to the proportional election system (if part of an election bloc the commission member shall be appointed by the party listed first in the list of bloc members; if this party waives the right – the party listed second etc), unless such party/election bloc is entitled to appoint a commission member under subparagraphs (a) and (b) of this paragraph.
  1. In the case of the formation of an election bloc by two or more parties mentioned in paragraph 5 of this Article, the authority of the commission members appointed by the parties integrated in this bloc shall be terminated from the moment of registration of the bloc, while the election bloc will obtain the right to appoint as many members of the commission as those parties integrated in this bloc, who have appointed more members in the commission than others. The rules for appointment of the member(s) by the election bloc shall be determined by the election bloc charter.
  2. In the case of the formation of an election bloc by the party/parties, mentioned in paragraph 5 of this Article and the party which gained the best result in the Parliamentary Elections of 1999, the authority of the commission members appointed by the party/parties mentioned in paragraph 5 of this Article shall be terminated from the moment of registration of the election bloc.
  3. The right to appoint one member in the commission for a vacant seat as a result of the cases provided for in paragraphs 6-7 of this Article is granted to the opposition parties listed below according to the following order:
  1. The party/election bloc which gained the fifth best result in the local elections of 2002 in Tbilisi held in accordance with the proportional election system (in the case of an election bloc, the commission member shall be appointed by the party listed first in the list of bloc members; if this party waives this right – the party listed second etc);
  2. The party which unites the adherents of the government overthrown during the events of 1991-1992, who were released and came back under the Resolution of the Parliament of Georgia of April 20, 2000 (in the case of several such parties the right of the party to appoint the commission member will be established by the CEC by the casting of lots held under paragraph 2 of Article 52 of this Law);
  3. The party which by July 1, 2003 has its faction in the Parliament of Georgia and does not have the right to appoint a member to the commission according to other criteria established by this Article (if there are several such parties, the priority shall be given to that one which had the largest faction at that time);
  4. The party which by July 1, 2003 had its representative in the Parliament of Georgia and does not have the right to appoint a member to the commission according to other criteria established by this Article (if there are several such parties, the priority shall be given to that one which had more representatives at that time).
  1. If there are some subjects as mentioned in subparagraphs (c) and (d) of paragraph 8 of this Article and if they have factions or representatives of equal number in the Parliament, the right of the party to appoint the commission member will be established by the CEC by the casting of lots held under paragraph 2 of Article 52 of this Law.
  2. In the case of the formation of an election bloc by a party specified in paragraph 8 of this Article, with a party specified in paragraph 5 of this Article or with the party which gained the best result in the Parliamentary Elections of 1999, the authority of the commission members appointed by the party mentioned in paragraph 8 of this Article shall be terminated from the moment of registration of the election bloc.
  3. The subjects authorised under this Article shall submit the documents of the persons appointed as members of the CEC as provided for by this Law to the CEC within 5 days of the effective date of this Law, or following the occurrence of the vacancy (in the case of a vacant seat).
  4. The CEC, at its first session, by two-thirds of those attending shall elect the deputy Chairperson of the CEC and the Secretary of the Commission.
  5. In the case of the termination of the terms of office of a member of the CEC before the expiry, his/her successor shall be appointed by the subject having the right to appoint this member of the Commission within 10 days.
  6. If the subject authorised by this article has failed to appoint a member of the CEC within the timeframe and procedures established by paragraph 11 of this Article, it will lose the right to appoint a commission member and the seat of the commission member will be cancelled. In this case the total composition of the CEC shall be determined according to the number of the remaining seats.

Article 1281. Provisional Rules Setting Up District Election Commissions

  1. After putting this Article into effect, on the basis of the first election results of the Parliament of Georgia, and prior to the establishment of the election commissions pursuant to this Law, the DEC shall be established according to Article 18, Paragraphs 4 and 5 of Article 20, Articles 21, 221, 26, Paragraphs 5-8 of Article 33, Article 391 and this Article of this Law. If any of the provisions of the Articles specified above differ from the provisions of this Article, the provision established under this Article shall prevail.
  2. The DEC for the Parliamentary Elections of 2003 shall be composed of 15 members. The commission session shall be valid if attended by more than half of the total composition of the commission.
  3. The Chairperson of the DEC shall be appointed by the Chairperson of the CEC by nomination of the Organization of Security and Cooperation in Europe, or without nomination, if such is not provided in the timeframe established by this Law. The period of time for nomination of candidates for the chairperson of the DEC expires on the 14th day following the effective date of this Law.
  4. Five members of the DEC shall be appointed by one of the members of the CEC appointed by the President of Georgia, who will be granted the due powers by the President of Georgia.
  5. The right to appoint nine members of the DEC is granted to the parties determined under paragraphs 5-11 of Article 128 of this Law (of the number and under the procedure specified by the same Article).
  6. The subjects authorised under this Article shall submit the documents of the persons appointed as members of the DEC as provided for by this Law to the CEC, DECs within 15 days following the first session of the CEC, or within 5 days following the occurrence of the vacancy (in the case of a vacant seat).
  7. DECs shall elect the commission Deputy Chairperson and commission Secretary at their first session.
  8. In the case of the termination of the term of office of the member of the DEC before their expiry, his/her successor shall be appointed, within 10 days, by the subject having the right to appoint this member of the commission.
  9. If the subject authorised by this Article has failed to appoint a member of the DEC within the timeframe and under the procedures established by paragraph 6 of this Article, it will lose the right to appoint a commission member and this seat of the commission member will be cancelled. In this case the total composition of the DEC shall be determined according to the number of the remaining seats.

Article 1282. Provisional Rule for Setting Up Precinct Election Commissions

  1. After putting this Article into effect, on the basis of the first election results of the Parliament of Georgia, and prior to the establishment of election commissions pursuant to this Law, the PECs shall be established according to Article 18, Paragraphs 4 and 5 of Article 20, Articles 21, 221, 26, Paragraphs 1-3 of Article 36, Articles 37 and 391 and this Article of this Law. If any of the provisions of the Articles specified above differ from the provisions of this Article, the provision established under this Article shall prevail.
  2. The PEC for the Parliamentary Elections of 2003 shall be composed of no more than 15 members. The commission session shall be valid if attended by more than half of the total composition of the commission.
  3. The Chairperson of the PEC shall be appointed by the chairperson of the higher level DEC.
  4. Five members of the PEC shall be appointed by a member of the higher level DEC appointed under paragraph 4 of Article 1281 who will be granted this power by the person who appointed him/her as a member of the DEC.
  5. The right to appoint nine members of the PEC is granted to the parties determined under paragraphs 5-11 of Article 128 of this Law (the number and the procedures are specified by the same Article).
  6. The subjects authorised by this Article shall submit the documents of the persons appointed as members of the PEC as provided for by this Law, to the appropriate DEC within the timeframe established by Article 37 of this Law.
  7. The PEC shall elect the commission Deputy Chairperson and commission Secretary at their first session.
  8. If the subject authorized by this article has failed to appoint a member of the PEC within the timeframe and under the procedures established by paragraph 6 of this Article, it will lose the right to appoint a commission member. If for this reason the number of commission members is less than the minimum establishes by this Law, its composition shall be filled up to the established minimum with commission member(s) appointed by the higher level DEC.

Article 1283. The Term of Authority of EC Members Established Pursuant to Articles 128, 1281 and 1282

  1. The term of authority of the members of the CEC and DECs established pursuant to Articles 128 and 1281 of this Law, shall commence on the date of the first meeting of each election commission and end on the date of the first meeting of the election commissions established on the basis of the next Parliamentary Elections.
  2. The term of authority of a member of the PEC established pursuant to Article 1283 of this Law, shall commence on the date of the first meeting of the PEC and, if such member is appointed after that date – on the date of the submission of the notice on such member’s appointment to the higher level DEC and shall end immediately after the completion of all the procedures under the Law at the relevant election precinct.

</