Currently, the CEC is comprised of 12 commissioners, plus the Chairperson. The Chairperson and 5 members are elected by the Parliament upon nomination of the President of Georgia, while 7 members are appointed by political parties as prescribed by Article 26 par.1. The 7 political appointments were introduced in the law in November 2007 in response to demands by opposition parties. If the President and the parliamentary majority represent the same political interests (as at present), this methodology for the formation and composition of the CEC attributes to the ruling party a dominant role in selecting the majority of the CEC members (7 out of 13) with the potential to hamper the independence of the election administration. The vote of the session’s Chairperson remains decisive in case of an equal division of votes (Article 22 par.8). The previous Joint Opinion[18] had recommended to delete this provision as it gives the tiebreaking authority to the political party that controls the Chairperson’s appointment and has the potential to undermine public confidence in the election administration when decisions are adopted in that manner. The management positions in all election commissions (except the CEC Chairperson) are elected by the majority of the full commission, with at least two members required to nominate the candidate (Article 22 prima 1, pars.1-2). As noted, the CEC Chairperson is elected by the Parliament upon nomination by the President.
