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Article 14
 

Powers of the CEC


1. The CEC shall:


a) ensure the conduct of elections, referenda, and plebiscites within its powers, oversee the process of implementation of the electoral legislation throughout the territory of Georgia, and ensure its uniform application;
b) adopt by decree the regulations of the Electoral Administration;
b1) by decree determines issues related to labour relations and work incompatibility of CEC members and elected members of a DEC; (Shall become effective from 1 January 2017)
c) in exceptional cases, if it is impossible to meet certain requirements/terms defined in this Law, have the right to determine by decree electoral events and time frames for upcoming elections/polling, as well as to submit a proposal, if necessary, to the President of Georgia for fixing another date of elections according to this Law;
d) determine by ordinance the conditions and procedures for giving appropriate information to accused/convicted persons eligible to vote in penitentiary institutions;
e) establish by ordinance electoral districts and/or specify their boundaries, as determined under this Law;
f) where necessary, to solve the issues defined by this Law, have the right to create a special group by ordinance adopted by at least two-thirds of the total number of members, define the powers and the term of the group;
g) if any lower election commission does not or cannot fulfil the obligations under the legislation of Georgia, have the right to terminate the powers of the commission by ordinance adopted by at least two-thirds of the total number of members and create an interim group to be responsible for exercising the powers until a new commission is established;
h) determine by ordinance a schedule for electoral events according to the time frames defined by this Law;
i) call by ordinance extraordinary elections, re-run elections, by-elections, repeat voting, and second round of elections;
j) on its own initiative or based on an application/complaint, under the procedure determined in this Law for resolution of electoral disputes, verify the legality of decisions and acts of election commissions and their officials, and if any violation is identified, cancel or change the decisions and acts by its ordinance; decide by ordinance on opening of packages from the respective PEC and re-counting of ballot papers/lists of voters. If ballot papers are recounted, the CEC shall notify thereof all the electoral subjects and observer organisations whose representatives attended the counting of ballot papers at an electoral precinct, and shall ensure, upon request, the attendance of their representatives at the re-counting process.
k) based on summary protocols of polling results of DECs and PECs, giving consideration to the final decision of the court about violations of the electoral legislation of Georgia, determine the results of elections for the Parliaments of Georgia (under party lists), elections for the President of Georgia, elections for the Tbilisi Sakrebulo, elections for the Mayor of Tbilisi, referenda/plebiscites, for which a CEC summary protocol of election results shall be drawn up;
l) grant by ordinance an election/referendum/plebiscite observer status to a non-entrepreneurial (non-commercial) legal entity defined in this Law, as well as to an international organisation, an organisation registered in another country, and a group of representatives of government agencies of another country;
m) determine by decree the procedure for distributing and utilizing state funds allocated for holding elections, referenda, and plebiscites;
n) determine by ordinance the form of election/referendum/plebiscite ballot papers; texts of ballot papers for parliamentary elections of Georgia, presidential elections of Georgia, mayoral and Sakrebulo elections of Tbilisi, and for referenda/plebiscites; types of election boxes, election envelopes, and election commission seals; types of electoral documents that are not covered by this Law but are essential for organizing elections;
o) be accountable to the Parliament of Georgia and submit a report to it within 60 days after summarising results of each election;
p) ensure computer processing of polling/election results received from DECs and provide their immediate posting on the CEC website, and if a decision is made according to subparagraph (j) of this paragraph, post the decision on the CEC website as well;
q) manage the activities of DECs and hear their reports from time to time;
r) ensure publication of information materials on its official website and their distribution;
s) adopt by decree the regulations for certification of Electoral Administration officers and competitions for selecting CEC staff members and DEC members;
t) ensure monitoring of training conducted by LEPL Centre for Electoral Systems Development, Reforms, and Training;
u) consider election-related applications and complaints as determined by this Law, and make appropriate decisions within its authority;
v) be responsible for creating a unified list of voters, for its computer processing, and for posting on the CEC official website the information designated as public (first name, last name; photo; date of birth; address as specified in the identity card of a citizen of Georgia; for internally displaced persons (IDPs) from the occupied territories of Georgia – an actual address as well; for individuals registered without indication of address, individuals removed from registration according to the place of residence and those whose registration has been declared invalid by decision of the Agency – the address of their actual residence; the date of registration of a voter in the unified list of voters). The lists of voters belonging to ethnic minorities in the electoral precinct shall also be posted on the CEC official website during the election period in the language that they understand;
w) by decree, determine additional rule for making a unified list of voters and polling procedures;
x) by ordinance, approve a staff list and cost estimation based on the recommendation of the CEC Chairperson;
[x) by ordinance, upon recommendation of the CEC Chairperson, approve a staff list and cost estimate; (Shall become effective from 1 January 2017)]
x1) by ordinance establishes the procedure for using and fuelling vehicles in private possession by employees of the Legal Entity of Public Law - the Centre of Electoral Systems Development, Reforms and Trainings during the period of elections/referenda for the purposes of performing official duties;
y) by decree, approve the procedures and conditions for special training of PEC members;
z) by ordinance, determine the form for reporting on expenses related to DEC elections/referenda;
z1) maintain database for the election commission members who violated the electoral legislation of Georgia and the violation was confirmed by court, who were dismissed from the Electoral Administration office by an election commission or court for violating the electoral legislation of Georgia, and who were imposed disciplinary liability measures for culpable non-performance or improper performance of their official duties;
z2) approve by decree the regulations of LEPL Centre for Electoral Systems Development, Reforms, and Trainings;
z3) adopt by decree the Code of Ethics for the Electoral Administration officers;
z4) approve by ordinance a budget statement of the Electoral Administration of Georgia for the next year;
z5) approve by ordinance strategic and annual action plans of the Electoral Administration of Georgia;
z6) determine by ordinance the conditions and procedures for the conduct of elections in the Armed Forces units of Georgia dislocated abroad;
z7) approve by ordinance an additional procedure for completing and checking the list of supporters;
z8) determine by ordinance a minimum number of signatures of supporters for the candidates nominated by an initiative group of voters;
z9) exercise other powers granted by this Law.


2. All CEC decrees shall be published in the Legislative Herald of Georgia (‘Saqartvelos Sakanonmdeblo Matsne’) and may also be published through other media. CEC decrees relating to the issues defined in paragraph 1(f-l) of this article shall be published within three days after they are adopted.


3. The CEC may adopt decrees on the issues falling within its authority, and regarding the election and other procedures that are not covered by this Law and/or other legislative acts.