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Article 40
 

Registration of observer organisations


1. The CEC shall register an international observer organisation as well as a domestic observer organisation observing elections in more than one electoral district.


2. The respective DEC shall register a domestic observer organisation observing elections in a particular electoral district.


3. In order to be registered, a domestic election observer organisation shall apply to the relevant election commission not later than the 10th day before the polling day and shall submit its constituent documents/statutes notarized according to the legislation of Georgia. The application shall include the name of the electoral district(s) where the organisation shall observe elections. The election commission shall make a decision on registration within five days after receipt of the application.


4. In order to be registered, an international observer organisation shall apply to the CEC not later than the seventh day before the polling day and shall submit a copy of its constituent document. If an observer (or group of observers) represents a foreign state authority, he/she/it shall only file an application and a proxy document. The CEC shall decide on the registration of an organisation, an observer (or group of observers) referred to in this paragraph within two days after the application is filed.


5. The election commission may not refuse to register an observer organisation if it meets the requirements of this Law. An ordinance of the election commission for the refusal of registration shall be well-founded and shall be delivered to the organisation not later than the day following the day of the decision. An ordinance of the election commission may be appealed to the court within two days after its receipt. The court shall render a decision within two days after the application is filed with the court.


6. An international observer organisation registered by the CEC shall submit information about observers and photocopies of their identity cards to the CEC Secretary not later than the second day before the polling day. An ordinance of the CEC shall determine the content and the form of that information.


7. A domestic observer organisation registered by the CEC shall submit to the CEC Secretary not later than the fifth day before the polling day an application on the registration of observers, filled out in accordance with the form established by the CEC, stating that the observers on the list submitted by the organisation satisfy the requirements established by Article 39(4) of this law, as well as a list of observers appointed at the CEC, DECs, and PECs (with the indication of surnames, names, places of registration and personal numbers of Georgian citizens) and photocopies of identity cards of Georgian citizens or passports of Georgian citizens of each of them. A domestic observer organisation registered by the DEC shall submit a list of observers appointed to a DEC and/or its lower PEC to the DEC secretary within the same time frame and in accordance with the same form.


8. A domestic observer registered with the CEC may observe elections at all election commissions of any level according to the procedures provided for by the third paragraph of Article 39 of this Law.


9. The election commission secretary shall, within two days after the list of observers is submitted, register observers nominated under this Law and shall issue an observer certificate to the observer organisation. An observer certificate shall at the same time serve as a badge to be worn by the observer.


10. An observer from a domestic observer organisation at a DEC and an observer observing elections at an electoral precinct within the territory of the electoral district shall, on the polling day, have the right to observe elections at any electoral precinct in the territory of the relevant electoral district as defined in the third paragraph of Article 39 of this Law.