Home > 2.2 Polling station > GEORGIA - Election Code
 
 
 
Download file    
 
 
Article 8
 

Election commission rules of operation


1. This Law and the respective commission regulations adopted by CEC decree, shall lay down the rules of operation for an election commission.


2. A session of an election commission shall be called by the chairperson or upon request of the deputy chairperson of the commission.


3. A session shall be authorised if attended by a majority of the total number of the election commission members.


4. A commission decision shall be deemed adopted if supported by a majority of the members present at the session (unless this Law provides for a higher quorum), but by not less than one-third of the total number of the election commission members. The decisions of an election commission regarding the decisions made by lower election commissions, including the nullification of electoral district/precinct results, the opening of packages received from the election commission, and the counting of election ballot papers, shall be adopted by not less than two-thirds of those present at the session.


5. In the case of an equal number of votes, the chairperson of the session shall cast the deciding vote. 


6. Issues of human resources shall be resolved at the session by a majority vote of the total number of the election commission members.


7. The chairperson of the session and the secretary of the election commission shall sign minutes of sessions.


8. The session minutes shall be executed within one day from the session.


9. An election commission member who objects to the decision of the commission shall have the right to express his/her dissenting opinion in writing, which shall be attached to the minutes of the session. At the same time, a member having a dissenting opinion shall respect and obey the decision delivered by the commission. An election commission member shall have no right to impede, by his/her action/omission, the execution of a properly adopted decision.


10. An election commission shall accept, issue, and register electoral documents until 18:00 of the working day, except for cases defined by this Law. 


11. Upon receipt of an application/complaint, the date and time of its receipt shall be recorded in the registration book of an election commission, as well as in the notice delivered to the applicant/complainant. The commission shall consider the application/complaint and shall make an appropriate decision.


12. The applicant shall confirm by signature in the registration book receipt of any document from an election commission. 


13. An election commission shall have no right to consider an application/complaint if the deadlines and procedures for its submission are not met.


14. Electoral documents shall be available to the public. It is the duty of an election commission to make electoral documents and election information available to interested persons within two days after receiving such a request. If copies are requested, the amount and the payment procedures shall be regulated according to the legislation of Georgia.


15. Sessions of an election commission shall be open. Members of the higher election commission and commission representatives, staff members of the respective and higher election commissions, representatives of media accredited in the respective commission, one representative of electoral subjects in the respective commission, as well as one observer from a domestic observer organisation registered with the respective commission, one observer from an international organisation registered with the CEC, together with an interpreter, shall have the right to attend sessions of an election commission. In the case of any breach of order and obstruction of the work of an election commission, the commission may decide to remove the troublemaker, which shall be recorded in the minutes of the session.


16. The following individuals shall have the right to stay at a polling station:


a) members of the CEC, DECs and PECs
b) representatives of the CEC and DECs
c) representative of an electoral subject
d) representatives of the press and media registered with the respective commissions
e) observers.


17. Everyone authorised to stay at a polling station shall carry a badge (certificate) indicating his/her identity and title.


18. In the case of any breach of order and obstruction of the work of an election commission, the commission may decide to remove the troublemaker from the administrative building, as well as from the session during the session. The decision shall be recorded in the minutes of the session.


19. An election commission member shall be obliged to participate in the commission activities as from the day of his/her appointment (election) in the respective commission.


20. A DEC or PEC member shall be obliged to sign a summary protocol of polling or election results. If the DEC or PEC member objects to the information reflected in the protocol, he/she may indicate the same in the respective section of the summary protocol of polling and election results and attach a written dissenting opinion to the protocol.


21. An election commission member is not the representative of his/her appointer/voter. An election commission member shall be independent in his/her activities and shall act only according to the Constitution of Georgia, law, and respective subordinate acts. Any pressure upon an election commission member or any interference in his/her activities with the aim of influencing his/her decision shall be prohibited and punishable by law.


22. If the commission chairperson and deputy chairperson are simultaneously, or the commission secretary is temporarily, unable to perform the duties defined by this Law, and if under the same Law an action falling within the exclusive authority of the chairperson or the secretary is to be carried out, the commission shall elect, without delay, under the procedures defined in this Law for the election of relevant officials, an acting chairperson or a secretary from among his/her staff. The powers of the acting chairperson of the commission shall cease once the commission chairperson or deputy chairperson is able to perform their duties, and the powers of the acting secretary of the commission shall cease once the commission secretary is able to perform his/her duties.


23. If an election commission does not have a chairperson or a deputy chairperson, the commission secretary shall call a session to elect the commission chairperson and shall chair the commission until the chairperson is elected, and if the commission does not have a secretary, the senior member of the commission shall call and chair the commission session until the chairperson is elected.


24. In the case of absence of the commission chairperson, or upon his/her instruction, the commission deputy chairperson shall perform his/her duties.


25. Persons authorised to be present at a polling station shall have the right to conduct photo and video shooting of the polling station, except for the polling booths, without obstructing the electoral process.