Home > 1.3.2.3 Counting procedures/validity of ballots > GEORGIA - Joint Opinion on the Election Code
 
 
 
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Paragraph 103
 

For fairness and transparency, provisions regulating the invalidation of election results (and changes to results protocols) must be clear and consistent, including which bodies are authorised to invalidate results for which elections and provision of explicit grounds for invalidation. The Election Code does not provide such clarity and consistency (for instance: Article 105, par. 12; Article 34, par. 2 f). Annulment of elections should occur only if irregularities may have influenced the outcome, i.e. affected the distribution of seats.[41] Furthermore, while it appears that the DECs are responsible for invalidating election results from PECs (Article 34, par. 2 f, as amended in March 2008, 38, par. 2, and 63, par. 4), references to the CEC invalidating such results are also in the Code (Article 105, par. 13.) It is recommended that all articles which relate to invalidation of election results be thoroughly reviewed and amended to ensure their clarity and consistency, particularly which bodies are responsible for invalidating which elections and clear criteria for invalidation of results.