Home > 2.4 Complaints and appeals > GEORGIA - Joint Opinion on the Election Code
 
 
 
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Paragraph 107
 

The Election Code includes an extremely detailed framework for the adjudication of electoral disputes. Although the complaints and appeals procedures were recently simplified and clarified to some extent by the March 2008 amendments, they remain overly complex, contradictory and ambiguous.[43] The applicable provisions – primarily in Articles 61, 62, 77, and 7711 – are not consolidated and are difficult to access. The provisions are also very difficult to understand, and caused confusion for complainants and decision-makers, and hindered due consideration during the 2008 parliamentary elections. A significant number of complaints were found to be inadmissible on various grounds, which is an indication that the law is too complex or formalistic. Procedures for submission of complaints related to vote buying were particularly unclear as regards the authorised venue for submission. The law is also unclear as to what remedial measures can be ordered by adjudicative bodies and regarding which body is authorised to deregister a candidate or political entity and under which circumstances. A positive feature of the March 2008 amendments, in line with previous Venice Commission and OSCE/ODIHR recommendations,[44] was the elimination of dual jurisdiction of the courts and election administration in considering complaints and appeals.