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Article 41
 

Rights of observers


1. An observer shall have the right to:


a) attend and observe sessions of election commissions:
b) be present at the polling place at any time during polling day, move without restrictions within the precinct territory and observe all stages of the polling process from any point in the precinct in a free and unhindered manner;
c) replace another registered representative (if any) of the nominating organisation at any time on the polling day;
d) take part in the inspection of ballot boxes before they are sealed and after they are opened;
e) observe the registration of voters in the lists of voters, the issuance of ballot papers and special envelopes and the certification thereof, without disrupting the polling process;
f) attend the procedures of counting votes and summarising results;
g) observe the process of mobile voting;
h) observe the vote counting under such conditions in which ballot papers may be visible;
i) observe the process of compiling summary protocols of election results and other documents by the election commission;
j) address the DEC chairperson with an application (complaint) regarding issues related to the procedures of voting and polling, whereby the applicant requests a response to identified cases of specific violations;
k) request a voter to show how many ballot papers and special envelopes he/she has in hand;
l) appeal the actions of an election commission as defined in the legislation of Georgia;
m) observe the ballot box, the placing of special envelopes into the ballot box, the opening of ballot boxes, the counting of ballot papers, and the drawing up of protocols;
n) review the summary protocols of polling and election results drawn up by election commissions, request and receive the copies of such protocols from
the relevant election commission.


2. An observer may not:


a) interfere with the duties and activities of an election commission;
b) influence the free expression of the will of voters;
c) agitate in favour of or against an electoral subject;
d) wear symbols and signs of any electoral subject;
e) be without a badge in the polling station on polling day;
f) breach other requirements of this Law.


3. The procedures defined in the electoral, administrative, and/or criminal legislation of Georgia shall define liability for the violation of rights granted to local/international observers, electoral subjects, and media representatives by this Law or liability for the interference with their activity.


4. Violation of the requirements of paragraph 2(a-d) of this article by an observer, electoral subject, and media representative shall give rise to liability as defined in the electoral legislation of Georgia.


5. An election commission shall provide all conditions for an observer to implement his/her powers regarding all procedures within the election commission, including during the process of counting ballot papers and summarising results.