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:
- 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;
- 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;
- 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;
- Right
to vote – active and passive voting right;
- 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;
- 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;
- Electoral
registration – the registration by the
appropriate election commission of parties, election blocs, initiative
group of voters and candidates for the participation in elections;
- 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;
- Election
administration – the Central Election
Commission of Georgia (CEC), District Election Commissions (DEC) and
Precinct Election Commissions (PEC);
- 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;
- Election
bloc – a union of 2 or more Parties registered
by the Central Election Commission of Georgia;
- 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;
- Election
agitation – calling by Georgian citizens and
election subjects upon voters, to support an election subject or not;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- Mid-term
elections – the elections being held in order
to fill vacancies of a representative body of public power;
- 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;
- 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;
- 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;
- 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;
- 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
- 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).
- In
the expression "in N days after elections", the words
"after elections" imply the calculation of days after the end of
the elections.
- 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.
- 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
- Elections
prescribed by this Law are universal:
- 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;
- 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.
- 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
- Voters
take part in elections based on equal grounds.
- Every
voter of one and the same election district has an equal number of votes.
Article
7. Direct Suffrage
- Elections
in Georgia shall be direct.
- 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
- Elections
in Georgia are held by secret ballot.
- 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
- 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.
- The
open and public conduct of elections is safeguarded by the electoral
legislation.
Article
82. Electoral Right Guarantees
- 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.
- 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.
- 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
- 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.
- The
general list of voters shall include the following voter's data:
- Family
name, given name, father's name;
- Date
of birth (day, month, year);
- Place
of registration (address of the permanent residence);
- Number
and personal number of the Georgian citizenship identity card;
- 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);
- 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.
- 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.
- The
general list of voters is compiled:
- 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;
- 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);
- Based
on the data of local self-government and/or administration agencies;
- Based
on the data on internally displaced persons communicated by the Ministry
of Refugees and Settlement of Georgia or by its territorial agencies;
- 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;
- Based
on the data communicated by authorities of the consular institutions of Georgia concerning the electors being on the consular registry of Georgia
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- The
special list of voters includes (the data specified in Paragraph 2,
Article 9 of this Law are entered in the list):
- 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;
- Voters
who on election day are being treated in a hospital or another inpatient
center;
- Voters
who on election day are under preliminary detention;
- Voters
being at sea on election day (they are enrolled at the port of
registration of the vessel);
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The
voter entered in the special list takes part:
- 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;
- 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)
- The
voters' list supplement (hereinafter – the Supplement) is compiled on the
basis of the general and special lists of voters where:
- Due
to limited physical ability or health condition, a voter is unable to go
to the polling place;
- A
voter is under preliminary detention;
- A
voter is being treated in a hospital or other inpatient center where no
polling precinct is opened;
- 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
- A
voter is within the election precinct but at a location that is hard to
access.
- The
Supplement shall include only those incapacitated voters who are unable to
come to the election commission independently.
- 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.
- 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
- 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.
- 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:
- Is
on the Georgian consular registry abroad, shall be indicated "on
consular registry";
- Is
abroad but not on the Georgian consular registry, shall be indicated
"abroad";
- Is
entered in the special list, shall be indicated "commission
member", "in hospital", "in preliminary custody"
or "at sea";
- Is
entered in the Supplement, shall be indicated "entered in
supplement".
Article 14. Voting Invitation Card
- 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:
- Date
and time of the poll;
- Address
of the polling place, including the number of the floor and the room;
- Number
of the voter in the voters’ list;
- 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.
- 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
- 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.
- 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.
- For
local self-government elections the city of Tbilisi
constitutes one local electoral district comprising all the ten electoral
districts of Tbilisi.
- 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.
- Deleted.
- 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
- For
the purpose of conducting the election and counting the votes, an election
district is divided into election precincts.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- The
election administration is independent, within the limits of its
authority, from other government agencies.
- 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.
- 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.
- 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.
- 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
- An
election commission consists of the commission Chairperson, Deputy
Chairperson, commission secretary and other members.
- Members
of the election commission and staff are officials of the election
administration.
- 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.
- 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.
- 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.
- Only
qualified voters may be appointed/elected as members of the Central
Election Commission and District Election Commission, except for:
- A
person who has not been awarded the election administration officer's
certificate;
- A
person who has been dismissed from commission membership by the election
commission or the court for violating electoral legislation;
- A
person whose violation of electoral legislation have been proved and
upheld by the court;
- A
person who had been tried for a grave criminal offence and has not been
cleared of a criminal record;
- Heads
and deputy heads of the bodies of executive power;
- Heads
and deputy heads of the local government bodies;
- 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;
- Judges
and assistants to judges;
- Employees
of the Prosecutor's Office (except for the technical and auxiliary
personnel);
- Election
subjects and their representatives;
- Domestic
and international observers.
- 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:
- The
Parliament of Georgia;
- The
President of Georgia;
- The
higher representative body of an autonomous republic;
- The
higher level election commission;
- A
party.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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).
- 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
- 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.
- 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:
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- Upon
recall of a member of the Precinct Election Commission by the appointing
party – from the day the statement of recall is submitted;
- 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.
- 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:
- Upon
violation of electoral legislation;
- Upon
regular or gross violation of the election administration regulations;
- 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
- The
recall of a PEC member during the last 7 days prior to election day is
prohibited.
- 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.
- 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.
- 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.
- 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
- 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.
- Deleted.
- 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.
- 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.
- Sessions
are chaired by the Chairperson or Deputy Chairperson.
- A
session has authority, if it is attended by a majority of the current
members (active roll) of the commission.
- 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).
- In
case of equal division of votes, the vote of the session’s Chairperson is
decisive.
- Staff
issues are decided at a session by a majority of the commission’s current
members (active roll of the commission).
- Minutes
for the session are compiled, which are signed by the session’s
Chairperson and the commission secretary.
- The
session Minutes are processed within 2 days of the date of the session.
- 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.
- 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.
- Deleted.
- An
election commission accepts, issues and registers
documents until 6
p.m. on working days, except for those
cases envisaged by this Law.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- The
Chairperson of the District Election Commission is paid a salary from the
State budget for the whole term of their authority.
- 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.
- 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.
- The
remuneration paid to members of District or Precinct Election Commissions
is determined by the Central Election Commission.
- 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
- Legal
acts of the election administration of Georgia are:
- Decrees
and ordinances of the CEC, ordinance of the CEC Chairperson, ordinance of
the CEC Secretary;
- Ordinances
of the DEC, ordinance of the DEC Chairperson, ordinance of the DEC
Secretary;
- Ordinances
of the PEC, ordinance of the PEC Chairperson, ordinances of the PEC
Secretary.
- 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.
- 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.
- 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.
- 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
- 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.
- A
PEC shall be formed with at least:
- 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;
- 10
members, where the number of voters in the precinct does not exceed 800;
- 11
members, where the number of voters in the precinct does not exceed 1,200;
- 12
members, where the number of voters in the precinct does not exceed 1,600;
- 13
members, where the number of voters in the precinct exceeds 1,600.
Article 27. Formation of the Central Election
Commission of Georgia
- Those
having a right to appoint/elect members of the Central Election Commission
are:
- Of
two members - the President of Georgia;
- Of
one member each – the Supreme Council of the Abkhazian Autonomous Republic
and the Republican Council of the Parliament of the Adjarian Autonomous Republic;
- 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.
- 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).
- 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
- 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.
- 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.
- 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.
- 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.
- 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:
- 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;
- A
photocopy of the Georgian Citizens Identity Card and registration card, if
available;
- 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;
- 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
- The
Central Election Commission:
- 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;
- Shall,
by decree, approve the election administration regulations;
- 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;
- 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;
- Shall,
by ordinance, establish election districts and define their boundaries;
- 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;
- 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;
- Shall,
by decree, determine the rules for the allocation and use of funds
allocated for the conduct of elections and referendums;
- 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;
- Shall
ensure the production of election related documents, ballot boxes, special
envelopes and seals for election commissions and their delivery to DECs;
- Shall,
by ordinance and in accordance with the terms prescribed by this Law,
determine a timetable for election activities;
- Shall,
by ordinance, appoint off-year, by-elections and mid-term elections,
second ballots, second round of elections;
- 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);
- 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;
- 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;
- 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;
- 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;
- Shall
manage the activities of DECs, regularly hear their reports;
- Shall
manage and control the provision of premises, communication facilities,
transport and other matters of logistics with respect to election
commissions;
- Shall
ensure the publication and distribution of information materials;
- Shall
ensure the conduct of seminars and training courses for improving election
administration officers' skills;
- 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;
- 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);
- Shall
exercise other authority granted under this Law.
- 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.
- 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
- The
CEC Chairperson shall be the highest officer of the Election
Administration.
- The
CEC Chairperson shall:
- Administer
all administrative functions in the CEC;
- Chair
CEC sessions;
- Disburse
the funds of the CEC;
- Delegate
duties to the Deputy Chairperson, Secretary, other CEC members and
employees of the Apparatus in accordance with the Regulations of Election
Administration;
- 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;
- 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;
- 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;
- 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;
- 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;
- Exercise
other powers and authorities granted thereto under Election legislation.
- The
CEC Deputy Chairperson shall:
- 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;
- 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).
- The
CEC Secretary shall:
- Distributes
election documents and all correspondences submitted to and addressed to
the CEC;
- 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;
- 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;
- Ensure
accreditation of mass media representatives;
- Draw
up the protocols summarizing the election results;
- Exercise
any other powers and authorities granted thereto under the election Law.
Article 31. Apparatus of the Central Election
Commission of Georgia
- The
Apparatus of the Central Election Commission of Georgia shall be
established for the purpose of ensuring organization, legal and technical
support of elections.
- The
Apparatus structure, rules for its activities and its authorities are
determined by the regulations of the Central Election Commission.
- 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
- 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.
- 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
- The
members of the District Election Commission (DEC) shall be
appointed/elected by:
- The
CEC - entitled to appoint/elect 1 member;
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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
photos of the aforementioned person;
- A
photocopy of their Georgian Citizens Identity Card and registration card
(if any);
- 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.
- 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
- 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.
- The
DEC shall:
- 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;
- Delimit
and specify the boundaries of election precincts by issuing the relevant
ordinance;
- 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;
- Determine,
by ordinance, the text of ballot papers for the elections of local
self-government to be held in the election district;
- 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;
- 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;
- 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;
- 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;
- By
issuing the relevant ordinance, grant the status of local observer to the
local union/foundation specified hereunder for the elections/referendum;
- Direct
activities of PECs, hear the reports of such commissions on a periodic basis;
- Organize
and conduct off-year elections, by-elections and mid-term elections, as
well as second ballots and second round of elections;
- Shall
manage and control the provision of premises, communication facilities,
transport and other matters of logistics with respect to election
precincts;
- Ensure
PECs are provided with the necessary ballot boxes, special envelopes,
seals and election documents;
- 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;
- Exercise
control over fulfilment of the rules established for the participation and
usage of the mass media in the elections;
- Ensure
the release and publication of information related to the elections;
- Assist
in organizing meetings of parties/election blocs/candidates with the
electorate;
- Adjudicate
appeals and claims related to the election process and make relevant decisions
within the scope of its competence;
- 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;
- Assist
in compiling the List of Voters in accordance with procedures established
by this Law and ensure publicity and accessibility thereof;
- Exercise
other powers and authorities granted under this Law.
- 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
- The
DEC Chairperson shall:
- Administer
all administrative functions in the DEC;
- Chair
DEC sessions;
- Ensure
the management of DEC staff;
- Disburse
the funds of the DEC;
- Delegate
duties to the Deputy Chairperson, Secretary, other DEC members and
employees of the Apparatus in accordance with the Regulations of Election
Administration;
- 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;
- 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;
- 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;
- 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;
- 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;
- Exercise
other powers and authorities granted to the Chairperson under the election
Law.
- The
DEC Deputy Chairperson shall:
- 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;
- 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).
- The
Secretary of District Election Commission shall:
- Distribute
the election documents and all correspondence submitted to and addressed
to the DEC;
- Register
the representatives of any party/election bloc/voters initiative group
participating independently in the elections in PECs and
issues the appropriate certificates thereto;
- Register
observers appointed by any union/foundation having the status of local observer
of elections/referendums to the DEC and PECs;
- Ensure
accreditation of local mass media representatives by issuing the relevant
ordinance;
- Draw
up the minutes of DEC sessions, including the summary protocols of final
election and voting results;
- Exercise
any other powers and authorities granted thereto under the election Law.
Article 36. Composition of the Precinct Election
Commissions
- The
members of a Precinct Election Commission (PEC) shall be appointed/elected
by:
- The
higher level DEC entitled to appoint/elect 1 member (except for the case
specified under sub-paragraph (b) of this paragraph);
- The
CEC is entitled to appoint/elect 1 member of a PEC set up in a foreign
country;
- 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.
- 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).
- 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
- The
DEC shall elect one member of the PEC :
- 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;
- 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;
- 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.
- 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:
- 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;
- 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;
- 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.
- The
list of PEC members shall be published:
- 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;
- 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;
- In
the case specified under paragraph 2 of this Article – by the CEC no later
than the 10th day prior to election day.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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
photos of the aforementioned person:
- A
photocopy of their Georgian Citizens Identity Card and registration card
(if any);
- 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.
- 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
- 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.
- The
PEC shall:
- 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;
- 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;
- 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;
- Determines
the election results in the election precinct and approve the summary
protocol of election results by the relevant ordinance;
- 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;
- Issue
voter invitation cards to voters;
- 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;
- Exercise
control over the allocation by local self-government and administration
authorities of places for posting and displaying of election posters;
- Assist
in organizing meetings of voters with the parties/election
blocs/candidates participating in the elections;
- 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;
- Ensure
that voters’ rights are unconditionally exercised on election day and bear
full responsibility for the protection of such rights;
- 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;
- Exercise
other powers and authorities granted under the Election Law.
- 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
- The
PEC Chairperson shall:
- Administer
all administrative functions in the PEC;
- Chair
PEC sessions;
- Accept
and hand over election documents and all correspondences submitted to and
addressed to the PEC;
- Be
personally responsible for the safekeeping and distribution of ballot
papers, special envelopes, PEC seals, summary protocols and other election
documents;
- Delegate
tasks to the Deputy Chairperson, Secretary and other PEC members according
to the Regulations of the Election Administration;
- On
election day, organize the distribution of functions among PEC members by
the casting of lots;
- Be
responsible for keeping order at the polling place and on the territories
adjacent thereto on election day;
- 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;
- Exercise
any other powers and authorities granted under the Election Law.
- The
PEC Deputy Chairperson shall:
- 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;
- 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).
- The
Secretary of the PEC shall:
- Prepare
draft ordinances of the PEC;
- Be
responsible for the release of public information;
- Prepare
the minutes of PEC sessions, including the summary protocols of election
results;
- Exercise
any other powers and authorities granted thereto under the Election Law.
Article 391. Nomination of Candidates
for Membership of Election Commissions (EC Members)
- A
candidate for election commission membership may be nominated by:
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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.
- 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).
- Any
voter initiative group shall have the right to nominate:
- One
candidate for DEC membership if such initiative group includes at least 50
voters in the election district where such candidate is being nominated;
- One
candidate for PEC membership if such initiative group includes at least 10
voters in the election precinct where such candidate is being nominated.
- 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.
- 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.
- The
subjects specified under paragraphs 2 and 3 of this Article shall nominate
the candidates running for PEC membership:
- 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;
- 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;
- 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;
- 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.
- 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.
- 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.
- 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).
- 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:
- 2
photos of the candidate:
- A
photocopy of the Georgian Citizens Identity Card and of registration card
(if any);
- 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.
- 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).
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- Voters
confirm the initiative of an election subject to take part in an election
by signing the form of the list of supporters.
- A
sample of the form of the list of supporters is determined by ordinance of
the Central Election Commission.
- In
the list of supporters form should be included the following information
on voters signing the form:
- First
and last name;
- Date
of birth (year, month and day);
- Number
of their Georgian Citizens Identity Card (Passport of a Georgian citizen)
and personal number;
- Place
of registration (according to the registration card);
- Date
of signature;
- Signature.
- 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.
- 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
- 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.
- 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.
- The
signature of a voter on a list of supporters is deemed invalid, if:
- The
first and last name are not indicated or are indicated incompletely;
- The
date of birth (year, month and day) is not indicated or is indicated
incompletely;
- The
place of registration (location, street, house and apartment number) is
not indicated or is indicated incompletely;
- 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;
- 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;
- In
the list of supporters of a candidate nominated to an election district is
included a voter registered in another election district;
- 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;
- The
number of their Georgian Citizens Identity Card (number of a Passport of a
Georgian citizen) and personal number are indicated incompletely or
incorrectly.
- 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.
- 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.
- Representatives
of election subjects have the right to attend the process of inspection of
the list of supporters.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- The
CEC determines the rules for distribution and use of election funds
necessary for the conduct of elections by election commissions.
- 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
- 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.
- 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.
- The
form of the DEC report on expenses related to the elections is determined
by an ordinance of the CEC.
- The
CEC submits to the Ministry of Finance a summary financial report on
expenses related to the elections.
- The
proper use of funds allocated for elections is controlled by the Chamber
of Control of Georgia.
Article
46. Election Campaign Fund
- An
election campaign fund is all the funds intended for the election campaign
of an election subject.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- It
is inadmissible for an election subject to use, during the elections, any
funds other than the funds of the election campaign fund.
- It
is inadmissible to accept the contributions to the election campaign fund
from the following:
- Other
States;
- Natural
persons or legal entities of other States;
- Persons
with no citizenship;
- International
organizations and movements;
- Non-entrepreneurial
legal entities and religious organizations;
- A
Georgian entrepreneurial legal entity, in which there is a State share.
Article 48. Rules for Disposal of Election
Campaign Funds
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The
form of the report on used funds used for elections is determined by an
ordinance of the Central Election Commission of Georgia.
- 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
- Voting
shall be held at a polling place from 8:00 a.m. till 8:00 p.m. on election (polling) day.
- 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.
- 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.
- Voters
may be present at the polling place only for the time necessary for
voting.
- 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.
- It
is forbidden to conduct voting before or after election
day, except for the cases envisaged by this Law.
- 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
- 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.
- 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.
- In
the polling place:
- 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;
- Places
shall be allocated for the registration of voters and verification of
ballot papers;
- The
transparent ballot box must be placed in a conspicuous place;
- 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.
- 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.
- 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
- 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.
- 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.
- 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).
- 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.
- 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.
- The
Chairperson and Secretary of each election commission shall be personally
responsible for the safekeeping and distribution of ballot papers by the
election commission.
- 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.
- 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 .
- 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.
- 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.
- The
front side of a ballot paper shall specify:
- The
type and date of elections;
- The
name and number of the election district;
- The
number of the election precinct (on the counterfoil of such ballot paper
and on the ballot paper itself);
- 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";
- The
rules for filling in the ballot paper(s).
- The
reverse side of the ballot paper shall provide a place for:
- The
signature of the PEC member who is the registrar;
- The
signature of the PEC member who is the authenticator;
- The
special seal of the PEC.
- 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.
- 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.
- Ballot
papers shall be printed on special paper and the CEC shall have the
exclusive right to order and purchase such paper.
- 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
- Voting
and election results shall be recorded in the PEC, DEC and CEC summary
protocols of voting and election results.
- 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.
- 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.
- 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.
- 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.
- The
Chairperson and Secretary of each election commission shall be personally
responsible for the safekeeping and distribution of the protocols by the
election commission.
- 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.
- 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.
- 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
- 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").
- A
Record Book, together with ballot papers, shall be delivered to each PEC.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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
- 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
- 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):
- The
PEC member who shall regulate voter flow into the voting room and verify
the marking of voters;
- 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;
- 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;
- The
PEC member who shall exercise supervision over the ballot box;
- 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;
- At
least two PEC members who shall take out the mobile ballot box (when
necessary).
- 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.
- 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.
- After
the casting of lots, the PEC Chairperson does the following:
- Announces
the number of voters according to the general and special lists, as well
as the Supplement;
- Inspects
that the packages of election ballots and special envelopes are intact and
announces the number of ballot papers and special envelopes received;
- Deleted;
- Inspects
and seals individually main and mobile election boxes according to the
rules set by the Central Election Commission.
- 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.
- 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
- 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
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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).
- On
election day each voter is issued with one special envelope and the
appropriate number of ballot papers.
- 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.
- Deleted.
- Each
voter shall confirm the acceptance of a ballot paper(s) by affixing
his/her signature to the list of voters.
- 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
- Each
voter votes personally. It is forbidden to vote instead of another person.
- Voting
shall be conducted in compliance with the following rules and sequence:
- Before
entering into the polling place, each voter shall pass the testing
procedure for marking;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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.
- 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;
- The
slot for inserting the envelopes in the ballot box shall be sealed after voting
has finished.
- 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:
- PEC
members;
- Candidates;
- Representatives
of the election subject;
- Observers.
- 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.
- 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.
- 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.
- 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
- The
PEC Chairperson supervises and is responsible for the maintenance of order
in the polling place on election day.
- 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.
- It
is forbidden for armed persons to enter the polling place.
- 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
- The
persons specified under paragraph 11 of this Article shall be entitled to
vote by mobile ballot box.
- 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:
- 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);
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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).
- 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.
- The
counting officers shall, in consecutive order, count and pack:
- 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;
- 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.
- 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.
- Packages
must be sealed and signed by the counting officers and the PEC
Chairperson.
- 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
- 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.
- 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.
- 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.
- 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
- The
PEC counts the ballot papers while observing the following rules:
- 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;
- 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;
- The
ballot papers found in the ballot box without a special envelope are
deemed invalid;
- 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.
- 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.
- A
ballot paper is deemed invalid only in the following cases:
- 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;
- It
is impossible to determine to which election subject the voter marked
their vote for;
- The
number of ballots in a special envelope exceeds the determined number;
- The
Special envelope is not in the approved official form;
- A
ballot paper in the ballot box is not in a special envelope;
- A
ballot paper was intended for another election precinct.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- The
summary protocol of the voting and election results shall include:
- The
protocol registration number and date (to be filled in at the issue of the
protocol);
- The
title and number of the election district and the election precinct
number;
- The
type of elections;
- The
date of the election (in case of a second ballot or the second round of
election to be mentioned thereon);
- The
number of accepted, unused and spoiled ballot papers and the number of
special envelopes;
- 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;
- 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;
- The
number of envelopes in the main and mobile ballot-boxes;
- The
number of valid, unofficial and invalid ballot-papers;
- The
names of the election subjects and the number of votes received by them;
- The
number of votes marked as against all candidates (the number of ballot
papers where all election subjects are crossed out);
- The
date and time of the approval of the protocol;
- 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).
- 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.
- 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.
- If
there is a dissenting opinion, the PEC member is still obliged to sign the
summary protocol of the voting and election results.
- 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.
- 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.
- 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
- 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.
- In
the application/complaint shall be included the following:
- Date
and time of filing the application/complaint;
- First
name, last name and address of the applicant/complainant;
- Number
and address of the election precinct;
- A
description of the violation and the time when it was committed;
- In
case of the existence of a witness – the first name, last name and place
of registration of the witness;
- When
identified the person who violated the law – the personal information that
was possible to determine;
- Explanatory
notes given by the person who violated the Law (in case of existence of
such);
- Other
additional information.
- 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.
- The
PEC Chairperson is obliged to immediately make an appropriate reaction to
the application/complaint and eliminate any existing violation.
- 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:
- The
date and time of filing the application/complaint;
- First
name, last name and address of the applicant/complainant;
- Number
and address of the election precinct;
- A
description of the violation and the time when it was committed;
- In
case of the existence of a witness – the first name, last name and place
of registration of the witness;
- When
identified the person who violated the law – the personal information that
was possible to determine;
- Explanatory
notes given by the person who violated the Law (if such exists);
- Other
additional information.
- 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.
- The
PEC Record Book is closed with the signatures of the commission Secretary
and commission members and is approved with the PEC seal.
- The
PEC Record Book and any applications/complaints received are sealed
separately and bound into a single package.
- 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
- 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.
- 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
- 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.
- The
summary protocol of voting and election results shall include:
- The
registration number and registration date of the protocol (to be filled at
the issue of the protocol);
- The
title and number of the election district;
- The
type of elections;
- The
date of the election (for second ballot or the second round of elections
to be mentioned thereon);
- 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;
- The
number of accepted, unused and spoiled ballot-papers ;
- The
total number of voters in the election district;
- The
voter turnout in the election district;
- The
number of ballot papers issued to voters in those precincts where the
election results were invalidated;
- The
number of valid and invalid ballot-papers;
- The
names of the election subjects and the number of votes received by them;
- The
number of votes given against all candidates;
- The
number of votes marked as against all candidates (the number of ballot
papers where all election subjects are crossed out);
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- 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.
- The
CEC consolidates the results of the elections and determines:
- The
total number of voters;
- The
turnout of voters;
- The
number of ballots deemed invalid;
- The
number of unofficial ballots and special envelopes;
- 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.
- Deleted.
- Deleted.
- 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.
- 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
- The
process of preparation and conduct of elections in Georgia shall be transparent.
- 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.
- 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
- For
the purpose of ensuring the transparency of the preparation and conduct of
elections, the election commissions publish the following information:
- Their
activities;
- Establishment
of election districts and precincts;
- Composition,
location and working hours of election commissions;
- Election
subjects.
- Election
commissions, in the buildings allocated to them, post in conspicuous
places the following:
- Lists
of Voters and the rules and timeframes for appealing against inaccuracies
in these lists;
- Lists
of election subjects;
- 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;
- Decisions
of the CEC and of the relevant DECs, which concern the activities of the
commission in question.
- Relevant
election commissions make public through press and other mass media the
following:
- Party
lists of the parties and election blocs taking part in the elections;
- Deleted;
- Decisions
of the CEC;
- Summary
protocol of the final results of the elections.
- 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.
- 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.
- 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.
- The
following persons have the right to be present in the polling place:
- Members
of the CEC, DEC and PECs;
- Representatives
of the CEC and of DEC;
- Representatives
of election subjects;
- Representatives
of the press and other mass media;
- Observers.
- 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
- 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.
- 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.
- 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.
- A
domestic observer of a domestic observation organization may be any
citizen of Georgia above the age of 18, except for the following:
- Persons
occupying State-political positions;
- Members
of the Parliament of Georgia;
- Members
of the representative bodies of local self-governance – sakrebulo;
- Heads
and Deputy Heads of the bodies of local governance;
- Judges;
- 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;
- Officials
of the Prosecutor’s Office;
- Election
subjects and their representatives;
- Election
commission members.
- 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.
- An
international observer organization observes elections by means of the
organization’s representative – an international observer.
- 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
- 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.
- A
domestic observation organization which implements observation within one
election district shall be registered by the appropriate DEC.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- In
the observer certificate should be included:
- The
first and last name of the observer;
- Title
of the domestic or international organization which presented the
observer;
- The
name and number of the election district and precinct(s) where the
observation shall be implemented.
Article 70. Rights of Observers
- An
observer has the right to:
- Attend
and observe election commission sessions;
- Be
present in the polling place at any time on election day and observe all
stages of the polling process;
- Replace,
at any time on election day, another registered representative of the
organization (in cases where such a representative exists);
- Take
part in the inspection of ballot boxes, before they are sealed and after
they are opened;
- Observe
registration of voters on the voters’ lists, issue of ballot papers and
special envelopes and their approval, without disrupting the polling
process;
- Attend
the procedures of counting of votes and of consolidation of results;
- Observe
the process of voting by means of a mobile ballot box;
- Observe
the counting of votes in such conditions which ensure visibility of the
ballot papers;
- Observe
the process of the election commission compiling the summary protocol of
election results and other documents;
- 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;
- Request
a voter to show how many ballot papers and special envelopes he/she holds;
- Make
appeals regarding actions of an election commission to a higher level
election commission, or court;
- 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;
- Become
familiar with the summary protocols of voting and election results,
compiled by election commissions.
- An
observer does not have the right to:
- Interfere
in the functions and activities of election commissions;
- Exert
influence upon the free expression of the will of the voters;
- Agitate
in favour or against an election subject;
- Wear
symbols or signs of any election subject;
- Violate
other requirements of this Law.
Article 71. Representatives of Election Subjects
and Their Authority
- 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.
- 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.
- 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.
- 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).
- 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.
- 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
- 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.
- 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.
- 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.
- 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).
- 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)
- Election
agitation begins at the time of the announcement of the elections.
Candidates, on becoming election subjects, enjoy equal rights as of this
day.
- 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).
- Agitation
via the press and other mass media after 24:00 on the day prior to
election day is prohibited.
- 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.
- The
following persons and entities do not have the right to take part in
election agitation:
- Members
of election commissions;
- Heads
of bodies of State executive authority;
- Judges;
- 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;
- Heads
of bodies of local governance;
- Foreign
citizens and organizations;
- Charity
and religious organizations;
- Public
officials of bodies of State and local governance, when they are carrying
out the duties related to their office and work responsibilities.
- 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.
- 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.
- 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.
- 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.
- It
is forbidden to conduct election campaigning in buildings of the following
institutions:
- Parliament
of Georgia;
- Government
and sub-agency departments of executive authority of Georgia;
- Courts
and bodies of the Prosecutor’s Office.
- Any
betting related to the elections shall be prohibited.
- 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.
- 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
- 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:
- 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;
- 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;
- Paid
daily air time shall be equally allocated among the election subjects;
- The
air time tariff shall be the same for all election subjects;
- When
broadcasting political advertising via TV, the screen corner shall display
the inscription "Paid political advertising" or "Free
political advertising";
- 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.
- 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:
- 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;
- 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;
- 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;
- The
space tariff shall be the same for all election subjects;
- 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";
- Must
not publish election campaign materials and political advertising which
violate the provisions of this paragraph during the period stated herein.
- 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.
- 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.
- 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.
- 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
- Holding
of rallies and manifestations during the pre-election period is regulated
by this Law.
- 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.
- 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.
- 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.
- 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.
- 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).
- Deleted.
- Deleted.
- Deleted.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- Copies
of printed agitation materials must be submitted to the election
commission, at which the election subject underwent election registration.
- 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
- 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
- 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.
- Use
of an official position or office accommodation implies:
- Involving
office subordinates or other dependent persons, during their work hours,
in activities which facilitates nomination and/or election of a candidate;
- 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;
- 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;
- 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;
- 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).
- 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.
- 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
- 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.
- 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
- Lodging
appeals to the court does not suspend the effect of the appealed decision.
- 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.
- 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.
- 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.
- Regarding
the voters’ lists:
- 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;
- 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.
- Regarding
formation of election districts:
- 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;
- 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.
- Regarding
formation of election precincts:
- 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;
- 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.
- Regarding
appointment/election of a member of the CEC and DECs:
- The
right to lodge an appeal to the court is granted to a person specified
under Georgian legislation;
- 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.
- Regarding
appointment/election of a member of the PEC:
- 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;
- 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.
- 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):
- 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;
- 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.
- 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:
- 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;
- 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.
- 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.
- Regarding
election registration of a party, election bloc, voters’ initiative group
and registration of their representatives:
- 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;
- 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;
- 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.
- 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:
- 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;
- 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.
- Regarding
a CEC ordinance on registration of domestic and international observer
organizations:
- 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;
- 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.
- Regarding
an ordinance of the DEC on registration of a domestic observation
organization:
- 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;
- 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.
- Regarding
an ordinance of the election commission Secretary on accreditation of
representatives of the press and other mass media:
- 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;
- 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.
- Regarding
violation of the election campaign procedure established by Article 73 of
this Law:
- 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;
- 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;
- 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.
- Regarding
violations by the press and other mass media of the provisions of
paragraphs 11 and 13-17 of Article 73 of this Law:
- The
right to lodge and appeal at the court is granted to a person specified by
Georgian legislation;
- 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.
- Regarding
an ordinance of the election commission in cases where there are
violations of the provisions of Article 76 of this Law:
- 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;
- 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;
- 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.
- 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):
- 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;
- 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.
- 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:
- 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;
- 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.
- 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.
- Regarding
an ordinance of the DEC on invalidation of the election results at the
election precinct or, failure to invalidate the election results:
- 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;
- 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;
- 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.
- Regarding
a CEC ordinance on the determination that elections were held or not held:
- 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;
- 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;
- 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.
- Regarding
the ordinance of a DEC on the summary protocol of the DEC and its
approval:
- 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;
- 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;
- 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.
- Regarding
a CEC ordinance on the CEC summary protocol of the election results and
its approval:
- 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;
- 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;
- 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
- 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.
- Elections
for the President of Georgia are not held during martial law or wartime.
Article
80. Right to Passive Vote
- 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.
- 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
- 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.
- 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
- A party
or voters’ initiative group registered at the CEC has the right to
nominate one candidate for election as the President of Georgia.
- 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.
- In
the application must be indicated the following information regarding the
candidate for the Presidency of Georgia:
- First
name, last name;
- Date
of birth;
- Profession;
- Position
(activity);
- Place
of employment;
- Place
of registration;
- Party
affiliation;
- Period
of residence in Georgia;
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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:
- The
data provided in paragraphs 3-5 of Article 82 of this Law is incomplete or
incorrect;
- The
list of supporting voters has less than 50 000 signatures;
- The
timeframes determined by paragraph 1 of Article 83 of this Law are not
complied with.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- The
candidate, who receives more than half of the votes of those voters taking
part in the elections, is considered elected.
- 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.
- 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.
- 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.
- 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
- 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.
- 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).
- The
two candidates who have the best results in the first round have the right
to take part in the second round of elections.
- The
second round is considered to have been held, if at least 1/3 of the total
number of voters take part in it.
- The
candidate who receives the most votes, but no less than 1/5 of the total
number of voters, is considered elected.
- 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
- By-elections
for the Presidency of Georgia are held if:
- Elections
were not declared to have been held;
- Elections
were held, but only one candidate took part in the first round and he/she
did not receive the necessary number of votes;
- President
was not elected in the second round of elections.
- By-elections
are held within 2 months time after the general elections (first round).
- By-elections
are appointed by the Parliament of Georgia.
- The
notice about appointment of the by-elections is publicized through the
press and other mass media.
- 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
- 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.
- 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.
- 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.
- Holding
of extraordinary elections for the President of Georgia is ensured by the
Parliament of Georgia, by means of the CEC.
- 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.
- 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.
- Candidates
for the Presidency of Georgia are registered by the CEC, no later than the
25th day prior to the extraordinary elections.
- 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
- Elections
for the Parliament of Georgia are held no later than 15 days before the
expiration of its authority.
- The
date of the elections is appointed by the President of Georgia, no later
than 60 days prior to the elections.
- 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
- The
Parliament of Georgia is elected for a term of 4 years.
- 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
- 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.
- 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.
- 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:
- The
President of Georgia;
- Ministers
of Georgia and autonomous republics, heads and deputy heads of
governmental and state departments and departmental institutions;
- Members
of the Security Council of Georgia;
- Members
of the Board of the National Bank of Georgia;
- The
chairperson and vice-chairpersons of the Chamber of Control of Georgia;
- The
Head of Staff of the Parliament of Georgia;
- The
authorized representatives of the President of Georgia and their deputies;
- Heads
and deputy heads of local self-government and administration authorities
of a rayon, city, city region;
- 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;
- Judges;
- Public
Defender and Deputy Public Defender of Georgia;
- Members
of the advisory body to the President of Georgia (who are not MPs);
- Assistants
to the President of Georgia;
- Members
of the Board for Auditing Activity;
- Members
of the National Security Commission of Georgia, Commission for Accounting
Standards, Georgian National Energy Regulatory Commission and other
national regulatory commissions;
- Chairperson
and deputy chairpersons of the Informational Bureau of Property and
Financial Status of Officials;
- 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
- 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:
- 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;
- From
January 1 until August 1 of the parliamentary election year, if the party
has no representative in the Parliament of Georgia.
- The
application shall be enclosed with the party’s registration certificate
and charter or notarized, certified copies of those documents.
- The
application shall include the following information about the party:
- Its
name, short and/or abbreviated name (if applicable) under which the party
participates in elections;
- First
name, last name, address (according to the place of registration), telephone
number and the sample of signature of the party leader(s);
- First
name, last name, address (according to the place of registration),
telephone number and limits of authority of the party representative;
- If
there are several leaders - the limits of authority of each leader in the
period related to the election process.
- The
name, short and abbreviated name of the party mentioned in subparagraph
(a) of paragraph 3 of this Article shall not coincide with:
- 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);
- 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);
- 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.
- 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.
- 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.
- 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:
- Pass
the party and its representative through election registration, if the
filed application and enclosed documents meet the requirements of this
Law;
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The
application shall include the following information about the election
bloc:
- 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;
- First
name, last name, address (according to the place of registration),
telephone number of the leader(s);
- First
name, last name, address (according to the place of registration),
telephone number and limits of authority of the party representative;
- If
there are several leaders - the limits of authority of each leader in the
period related to the election process.
- The
name, short and abbreviated name of the election bloc mentioned in
subparagraph (a) of paragraph 13 of this Article shall not coincide with:
- 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);
- 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);
- 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.
- The
election bloc charter signed by the leaders of all the parties
constituting the election bloc shall include:
- The
name, short and/or abbreviated name (if applicable) of the election bloc
under which the bloc participates in the elections;
- List
of all parties integrated in the election bloc;
- The
administering body (if any) of the election bloc, administrators and their
authority;
- 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;
- The
person(s) having the right to sign bloc documents;
- The
rules for using the seal of a party integrated in the bloc in the period
related to election activities;
- The
rules for appointment of the manager and accountant of the election
campaign fund;
- The
rules for making amendments to the election bloc charter.
- A
party integrated in the election bloc shall not integrate into another
election bloc or independently participate in one and the same elections.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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:
- At
the CEC - for Presidential elections;
- At
a district election commission - for all other elections.
- 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:
- 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;
- 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;
- 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.
- 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.
- 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.
- 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
- The
election registration of a party will be cancelled by ordinance of the CEC
chairperson under the following circumstances:
- Based
on their own request;
- If
the party’s activities have been banned or suspended by the Supreme Court
of Georgia;
- If
the election registration of the election bloc has been cancelled in accordance
with subparagraphs (c) or (d) of paragraph 2 of this Article;
- 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;
- If
it has failed to submit the party list or the submitted party list has not
been registered;
- 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;
- 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.
- The
election registration of an election bloc will be cancelled by ordinance
of the CEC Chairperson:
- Based
on its own request;
- 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;
- If
it has failed to submit the party list or the submitted party list has not
been registered;
- 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;
- 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.
- The
election registration of a voters’ initiative group will be cancelled by
ordinance of the DEC Chairperson:
- Based
on its own request;
- 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
- Parties
taking part in the elections independently, and election blocs, have the
right to submit party lists.
- Each
party taking part in the elections independently, and each election bloc
has the right to submit one party list.
- The
number of candidates (for election to Parliament) in the submitted party
lists must not be less than 100 or more than 235.
- 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.
- 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.
- It
is forbidden to include one and the same person in different party lists.
- Rules
for compiling the party lists are determined by parties and election
blocs.
- 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.
- 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.
- 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.
- The
party list shall include the following information about each candidate:
- The
first name and last name;
- Date
of birth (D/M/Y);
- Address
(according to their place of registration);
- The
number of their Georgian Citizen's Identity Card or Georgian Citizen's
Passport and personal number;
- Qualification
(according to their education diploma/certificate);
- Place
of work (name of institution, organization, enterprise etc);
- Title
of job (if unemployed indicate - "Unemployed");
- Party
affiliation (if an independent candidate indicate -
"Independent");
- If
the candidate is also nominated in a single-mandate election district,
indicate the name and number of this district.
- The
registration form shall include the following information for each
candidate:
- The
first name and last name;
- Date
of birth (D/M/Y);
- Gender;
- Address
(according to their place of registration);
- The
number of their Georgian Citizen's Identity Card or Georgian Citizen's
Passport and personal number;
- Education
(higher, incomplete higher, vocational, secondary, basic, primary);
- Qualification
(according to their education diploma/certificate);
- Place
of work (name of institution, organization, enterprise etc);
- Title
of job (if unemployed indicate - "Unemployed");
- Party
affiliation (if an independent candidate, indicate -
"Independent");
- 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;
- Confirmation
of military service;
- The
name and number of the single-mandate election district where the
candidate is nominated (if applicable);
- 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);
- 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);
- Whether
the candidate was a Member of the Parliament of Georgia under the last
elections;
- Signature
and date of signature.
- 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.
- Deleted.
Article 97. Nomination of Candidates in Single-Mandate
Election Districts
- The
right to nominate a candidate for election as a Member of Parliament in a
single-mandate election district is granted to:
- A
party participating independently in the elections;
- An
election bloc;
- A
voters’ initiative group for the relevant election district.
- 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.
- 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.
- 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.
- 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.
- The
application mentioned in paragraph 5 of this Article shall be enclosed
with:
- 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
registration forms filled in and signed by the candidate;
- 2
photos of the candidate.
- 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.
- 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
- 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.
- 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:
- 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;
- 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.
- 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.
- 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.
- 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.
- 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:
- If
the data specified in the applications and documents are incomplete or
incorrect;
- If
the candidate included in the party list is a member of any other party
participating in the elections;
- 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;
- 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;
- 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;
- If
the requirements established under paragraph 9 of Article 73 and/or
Article 76 hereof are violated.
- 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
- The
sequence of the election subjects shall be established no later than the
14th day prior to election day.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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
- 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
- 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.
- 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.
- Deleted.
Article
104. Consolidation of the Results of the Poll at District Election Commission
- 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.
- 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.
- Deleted.
Article
105. Consolidation of the Results of the Elections at the Central Election
Commission of Georgia
- 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.
- 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.
- 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.
- 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.
- The
candidate, who receives the most votes, but not less than those of 1/3 of
the election participants, is considered to be elected.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- If
the Member of Parliament is withdrawn 6 months prior the termination of
authority of the Parliament, by-elections are not held.
- 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.
- In
the cases specified in paragraphs 7 and 71 of this Article, the
CEC shall submit the relevant documents to the Parliament of Georgia.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- Elections
of the representative body of local self-governance – sakrebulo, elections
of gamgebeli, elections of mayor, are held once in 4 years.
- 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.
- 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.
- 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
- 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.
- Elections
of the representative body of local self-governance – sakrebulo, in the
city of Tbilisi are held based on the proportional election system.
- 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
- 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:
- For
the election for members of the representative body of local
self-governance – sakrebulo, on territory of the relevant sakrebulo;
- For
the elections for gamgebeli, mayor, on territory of the relevant city.
- 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.
- 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.
- 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
- 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.
- 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.
- In
elections of gamgebeli, mayor, each voter has the right to one vote.
Article
112. Composition of Representative Body of Local Self-governance - Sakrebulo
- Sakrebulo
consists of:
- 5
members, if the number of voters on the territory of the relevant
administrative unit does not exceed 5,000;
- 7
members, if the number of voters on the territory of the relevant
administrative unit is 5,000 to 10,000;
- 9
members, if the number of voters on the territory of the relevant
administrative unit exceeds 10,000;
- Sakrebulos
of the cities of Batumi, Rustavi, Sokhumi, Poti, Kutaisi and Tskhinvali, consists of 15 members each.
- Sakrebulo
of the city of Tbilisi consists of 49 members.
- 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
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- Election
districts for the cities of Batumi, Rustavi, Sokhumi, Poti, Kutaisi and Tskhinvali are established by ordinance of the CEC.
- Election
districts of a village, community, daba, city, are established by
ordinance of the relevant DEC.
- 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 .
- 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
- 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.
- Each
party and election bloc has the right to submit to the CEC one party list.
- 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.
- 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.
- 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.
- In
a party list must be included the following information on each candidate:
- First
name, last name;
- Date
of birth;
- Profession;
- Position
(activity);
- Place
of employment (if the candidate is unemployed, indicate –
"unemployed");
- Party
affiliation (if a member of a party, and if the candidate is not a member
of any party, indicate – "no party affiliation");
- Number
of their Georgian Citizen's Identity Card (Passport of a Georgian citizen)
and personal number;
- Place
of registration.
- 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.
- 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.
- 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
- 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:
- Initiative
group of voters, consisting of no less than 5 persons;
- Party
taking part in the elections independently;
- Election
bloc.
- 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.
- 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.
- In
the application must be included the following information on majoritarian
candidates:
- First
name, last name;
- Date
of birth;
- Profession;
- Position
(activity);
- Place
of employment (if the candidate is unemployed, indicate –
"unemployed");
- Number
of their Georgian Citizens Identity Card (Passport of a Georgian citizen) and
personal number;
- Place
of registration;
- Title
and number of the election district, where he/she is nominated as a
majoritarian candidate;
- Party
affiliation (if a member of a party, and if the candidate is not a member
of any party, indicate – "no party affiliation");
- 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.
- 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.
- 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
- A
party list is registered by the CEC within 5 days of its submission.
- 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.
- 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.
- 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.
- A
candidate nominated for an election district shall be registered, if the
following documents have been submitted:
- Registration
card of the candidate;
- Application
of the initiative group of voters;
- List
of supporting voters;
- Two
photographs.
- 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:
- First
name, last name;
- Number
of the Georgian Citizens Identity Card (Passport of a Georgian citizen)
and personal number;
- Date
of birth (year, month, day);
- Place
of registration;
- Application
for nomination of the candidate, which is confirmed by the Heads of the
parties and election blocs;
- Party
affiliation (if a member of a party, and if the candidate is not a member
of any party, indicate – "no party affiliation");
- Place
of employment (if the candidate is unemployed, indicate –
"unemployed");
- Proof
of permanent residence in Georgia for the last 5 years;
- Consent
of the candidate to take part in the poll;
- Date
of filling out of the registration card.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- A
party, election bloc, has the right to cancel its decision on nomination of
a candidate, no later than 2 days before election day.
- 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.
- Notice
regarding cancellation of a candidate’s registration and nomination, is
immediately published by the relevant DEC.
Article
122. Ballot Papers
- Ballot
papers of two different types are prepared for elections of the
representative body of local self-governance – sakrebulo.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- In
elections of gamgebeli, mayor, the candidate who receives more votes than
others will be considered to have been elected.
- 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.
- 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.
- 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.
- A
DEC, at its session, determines the results of the elections and approves
the protocol.
- In
elections for the representative body of local self-governance –
sakrebulo, the DEC, based on the protocols received from PECs, determines
the following:
- Total
number of voters;
- Turnout
of participants of elections;
- Number
of unused and spoiled election ballot papers and special envelopes;
- Number
of election ballots deemed valid;
- Number
of election ballots deemed invalid;
- Number
of unofficial ballot papers;
- Number
of votes given to election subjects.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- 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:
- 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;
- 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:
- 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;
- 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
- 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.
- 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.
- The
Chairperson of the CEC shall be appointed by the President of Georgia with
the consent of the Parliament of Georgia.
- Five
members of the CEC shall be appointed by the President of Georgia.
- 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:
- 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);
- 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);
- 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.
- 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.
- 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.
- 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:
- 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);
- 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);
- 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);
- 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).
- 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.
- 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.
- 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).
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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).
- 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).
- DECs
shall elect the commission Deputy Chairperson and commission Secretary at
their first session.
- 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.
- 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
- 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.
- 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.
- The
Chairperson of the PEC shall be appointed by the chairperson of the higher
level DEC.
- 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.
- 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).
- 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.
- The
PEC shall elect the commission Deputy Chairperson and commission Secretary
at their first session.
- 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
- 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.
- 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.
Article
1284. The Rule for Taking Some Decisions by the Election Commissions
- When
necessary, the DEC member may be appointed, in a manner different from the
procedures prescribed under this Law, by the CEC which has been
established according to Article 128 of this Law, by issuing the relevant
ordinance by the CEC. Such ordinance is to be approved by a 2/3 majority
of votes of current members (active roll) of the CEC members.
- The
DEC established according to Article 1281 of this Law shall, by
its ordinance, approve (by procedures different from the ones established
hereunder) by a majority of current members (active roll) of DEC members,
and shall be authorized to:
- Appoint
a member of the PEC, when necessary;
- Invalidate
the voting results at the election precinct;
- Approve
the summary protocol of the election results.
Article 1285. The Terms for Formation
of Election Districts and Election Precincts for the Parliamentary Elections of
the year 2003
- The
election districts shall be formed according to the rules established by
this Law no later than September 6, 2003, and the list thereof shall be
published within 3 days after the formation of the election districts by
the CEC.
- The
election precincts shall be formed according to the rules established by
this Law no later than September 11, 2003, and the list thereof shall be
published within 5 days after the formation of the election precincts
through the DECs by the CEC. The boundaries of the election precincts
shall be delimited and specified no later than October 3, 2003.
Article
1286. Rule for Compilation of General Voters’ List and Determination
of Total Number of Voters for the Parliamentary Elections of 2003
- The
institutions specified under subparagraphs (a) – (e), paragraph 5 of
Article 9 of this Law no later than August 29, 2003, and the institutions specified
in subparagraph (f) of this Article, shall deliver 2 copies of the data
necessary for the compilation of the general list of voters to the CEC, by
September 10, 2003, which shall deliver one copy of such list to the
relevant DEC. The CEC shall provide the safekeeping of the original lists
specifying such data.
- If
the citizen’s identity card specified in subparagraph (d), paragraph 2 of
Article 9 hereof is not available for the Parliamentary Elections, 2003,
the name and number of the document as specified under the Article 1288
shall be entered in the general list of voters’, on the basis of which the
name of this person was entered in the list.
- Data
on each voter shall be entered into the general list of voters according
to his place of registration. The change of a person’s permanent residence
and registration address after September 1, 2003 shall not necessitate
making relevant changes to the data of such voter in the general list of
voters.
- The
DEC, pursuant to the regulations established by this legislation, shall
immediately provide the publicity and availability of the data delivered
by the institutions specified in the first paragraph of this Article.
- No
later than September 27, 2003, the CEC shall ensure the compilation of the
general list of voters, including any amendments made under this Law, the
division of the list according to election districts and precincts, the
delivery of the lists to the relevant DECs and the publicity and
availability thereof pursuant to the rules established by the legislation.
The DEC, within a period of 2 days after the receipt of the general list
of voters shall deliver the voters’ lists to the relevant PECs, which
shall immediately provide the publicity and availability of the lists by
exhibiting them at a conspicuous place in the building of the PEC.
- Each
registered party and observer organization determined by Article 68 hereof
and the voter shall have the right to inspect the part of the voters'
lists which is intended for public information existing in the Central,
District and Precinct Election Commissions (a voter shall have the right
to claim for a review of all the data related to his and his family
members and request to make amendments to it) and in case of finding any
inaccuracy, claim for making amendments to the voters' data and lists nor
later than October 19, 2003. The review of the data and issuance of a copy
shall be performed according to the rules established by the legislation
for the review and release of public information.
- Provided
that the application defined in paragraph 6 hereof got into the CEC or
PEC, it shall be delivered to the appropriate DEC no later than the next
day. The application of an authorized subject shall be reviewed and an
appropriate decision shall be made by the DEC within a period of 5 days
after the receipt of the application, but no later than October 22, 2003.
The ordinance of the commission concerning a refusal to make any
amendments to the voters' data/list shall be substantiated and from the
next day of the issue of the ordinance, it shall be delivered to the
applicant immediately upon request.
- Making
amendments to the voters' lists and data shall be certified by the
signatures of the Chairperson of the DEC, an authorized person of the
commission, an authorized person for the establishment of the appropriate
data at the State organizations and by such subject or the representative
thereof, who demanded for making amendments.
- The
ordinance of the DEC on making amendments to the voters' lists and data
shall be delivered to the CEC and appropriate PECs within a period of 2
days.
- No
later than October 26 of the year 2003, 2 copies of the voters' corrected
and amended lists certified by the signatures of the Chairperson and the
Secretary of the DEC shall be delivered to the PECs. The version for
public information of the voters' list shall be exhibited at a conspicuous
place in the building of the PEC immediately.
- The
ordinance of the DEC on the refusal to make amendments to the voters'
lists/data may be appealed to the appropriate regional/city court within a
period of 3 days after the issue thereof. In the case of satisfaction of
the appeal, within a period of 3 days, but if less than 10 days remain
before election day, on the next day. The court decision shall be
delivered to the DEC, which shall immediately notify the CEC and the
appropriate PEC of the appropriate information. The election commissions
shall immediately make appropriate amendments to the voters' lists.
- It
is prohibited to make amendments to the voters' lists within the last 4
days prior to election day, while from 10 to 4 days prior to election day
the amendments shall be made only on the basis of a court decision (in
this case the amendments to the voters' lists of the election precinct
shall be made by the Secretary of the PEC and shall be certified by the
signatures of the Chairperson and the Secretary of the PEC).
- The
total number of voters in Georgia and in each district thereof shall be
determined in accordance with the situation existing on September 27 of
the year 2003 which shall be published within a period of three days. The
corrected total number of voters shall be determined according to the
situation existing on October 29 of the year 2003 which shall be published
no later than October 31.
Article
1287. The Terms Related to the Election Registration of a Party for
the Parliamentary Elections of the Year 2003
- For
the purpose of election registration of a party, the deadline for applying
to the CEC shall be September 2 of the year 2003, which differs from the
rule under subparagraph (b) of paragraph 1of Article 95 hereof.
- The
deadline for submission of the supporters’ list for the party
participating in the election shall be September 7 of the year 2003, which
differs from the rules under paragraph 10 of Article 95 hereof.
- The
deadline for making a decision on the election registration of a party
shall be September 12 of the year 2003, which differs from the rules under
paragraph 11 of Article 95 hereof.
Article
1288. The Documents Necessary for Getting a Ballot Paper,
Appointing/Electing/Nominating Members of the Election Commissions and
Indication in the Supporters’ List for the Parliamentary Elections of the year
2003
- On
the day of the election, on the basis of the voters’ list, the PEC shall
issue a ballot paper(s)and special envelope to a voter after they submit
one of the following documents:
- Identity
Card or Passport of a Citizen of Georgia (including a Passport of former
Soviet Union with a symbol, if the place of registration is defined);
- Military
Card;
- IDP
Certificate;
- Voter’s
certificate issued by the appropriate PEC and verified by appropriate
local self governance bodies.
- If
a voter residing in the village, community or daba has not got any of the documents
specified in the subparagraphs (a) – (c) of paragraph 1 of this Article,
he /she shall submit an application to the appropriate PEC. The commission
takes a decision by ordinance. In the case of the settlement of the issue
in a positive way, the voter shall be given a voter’s certificate, signed
by the Chairperson and the Secretary of the commission. In case of the
settlement of the issue in a negative way, the applicant shall be given a
copy of an ordinance, reflecting the reason for refusal no later than the
next day. The form of voter’s certificate shall be established according
to the ordinance of the CEC.
- On
issuing a ballot paper and a special envelope, the document name and
number specified in paragraph 1 of this Article shall be inscribed on the
voters’ list.
- On
appointment/election/nomination of a member of the election commission as
well as on putting a signature in the supporters’ list, instead of the
Identity Card of the Citizen of Georgia or the Passport of the Citizen of
Georgia (if a person does not have the mentioned document), one of the
documents specified in subparagraphs (a) – (c) of paragraph 1 of this
Article may be used.
Article 1289. On extension of some election deadlines for
extraordinary elections of the President of Georgia on January 4, 2004:
- For
extraordinary elections of the President of Georgia on January 4, 2004
deadlines for nominating candidates for the presidency, submitting
supporters’ lists and final registration of candidates by the Central
Election Commission shall be extended by 5-5 calendar days.
- The
Central Election Commission formed on the ground of Article 128 of
present law is authorized to determine the deadlines/activities for
election procedures set for holding extraordinary elections of the
President of Georgia on January 4, 2004 by decree if deadlines/activities
are not set by this law.
Article 12810.
On the Election Activities for 2004 January 4th Presidential
Elections:
The
following documents shall be used to collect supporters’ signatures for presidential
candidates:
- Identification
number or passport of the citizen of Georgia (including the passport of former Soviet Union with a
symbol, if the place of registration is defined)
- Military
card
- IDP
Certificate
Article 129
- The
obligation to know the Georgian language as established under paragraph 1
of Article 92 shall enter into force after January 1, 2005.
- Subparagraph
(a) of paragraph 6 of Article 18 and paragraph 3 of Article 31 of this Law
which provide the opportunity of appointment/election to an election
commission and its staff only to those persons who has been granted the
election administration officer certificate by the CEC and shall come into
effect for members of the CEC and DECs from May 1, 2004, and for members
of PECs and employees of the election commission staff – from January 1,
2005. The authorities of a member of the CEC or DEC who will have failed
to obtain the election administration officer certificate by May 1, 2004,
and of an employee of the staff who will have failed to obtain it by
January 1, 2005, will be terminated by ordinance of the Chairperson of the
CEC from May 1, 2004 or January 1, 2005, respectively. The CEC shall
ensure the certification of the members of the above mentioned commissions
from February 15 until May 1, 2004.
- Paragraph
3 of Article 18 hereof shall be put into effect from February 1, 2004
- Provided
that a problem related to the knowledge of the national language arises in
the DECs and PECs, on the basis of the application of the DEC, the CEC shall provide
an interpreter having appropriate qualifications.
CHAPTER XIX. CONCLUSIVE PROVISIONS
Article 130
- In
connection with the enactment of this Law these shall be considered
invalid:
- Organic
Law of Georgia On Elections of Parliament of Georgia (Sakartvelos Parlamentis Utskebani, 1995, No.31-33).
- Organic
Law of Georgia On Elections of President of Georgia (Sakartvelos Parlamentis Utskebani, 1995, No.31-33).
- Law
of Georgia On Elections of Representative Bodies
of Local Self-governance Sakrebulos (Parlamentis Utskebani, 1998,
No.27-28).
Article
131. Enactment of the Law
This Law shall come into force upon its
publication.
Amendments:
28
September 2001 Law of Georgia 1074 Matsne 26, Article 108;
12
February 2002 Law of Georgia 1274 Matsne 4, Article 15;
12
February 2002 Law of Georgia 1268 Matsne 4, Article 16;
10
April 2002 Law of Georgia 1380 Matsne 9, Article 41;
5
August 2003 Law of Georgia 2932 Matsne 24, Article 173;
12
August 2003 Law of Georgia 2934 Matsne 24, Article 174;
14 August 2003 Law of Georgia 2925 Matsne 25, Article 186;