Home > 1.3.2.4 Aggregation procedure and election results > GEORGIA - Joint Opinion on the Election Code
 
 
 
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Paragraph 124
 

The provisions regulating the invalidation of election results should be clarified. Indeed, the inadequacy in the area of invalidation of election results has been shown by the experience of past elections.[47] Some of this confusion derives from the fact that the power to invalidate appears to be within the authority of the DEC due to Articles 34.2, 38.2, and 63.4. However, Article 105 appears to extend some invalidation powers to the CEC as well. Further, there remains text referencing single member election constituencies instead of the new election system. It is recommended that all articles which relate to invalidation of election results be thoroughly reviewed and amended to ensure their clarity and consistency, that they expressly state the authority of the CEC in regard to invalidation of results, and that they specifically identify whether they apply to the plurality contests or the proportional election. It is also recommended that these articles clarify the circumstances in which elections, or part of an election, can or should be repeated in the proportional contest. In addition, while cases of possible invalidation may be heard by election commissions in first instance, it is recommended that the proceedings offer possibilities to appeal to the competent court.[48]