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Article 71
 

Drawing up summary protocols of polling results by PECs


1. Upon determination of all data referred to in the third paragraph of this article, the PEC secretary shall, in agreement with the PEC chairperson and according to all available information, draw up each type of summary protocol of polling results.


2. Two summary protocols shall be drawn up during the Parliamentary elections of Georgia and the elections to a Sakrebulo. One protocol shall be prepared according to the results of the elections held under the proportional electoral system, and the other protocol shall be prepared according to results of the elections held under the majoritarian electoral system. During the elections for the President of Georgia, for the Mayor of a self-governing city (including Tbilisi), the Gamgebeli of a self-governing community and during by-elections, one summary protocol shall be prepared.


3. A summary protocol of polling results shall specify the following:


a) the number and the name of an electoral district, the number of an electoral precinct
b) the number of an electoral precinct set up in exceptional cases (if any) that is attached to the main electoral precinct
c) the name of elections/referenda, voting system (proportional, majoritarian)
d) the polling date (it shall also specify if it is a repeat voting or the second round of elections)
e) the numbers of seals of PECs and registrars of voters
f) the number of voters in a unified list
g) the number of voters in a special list
h) the number of signatures of voters participating in elections in the list of voters at 12:00 and 17:00
i) the total number of voters participating in elections (according to signatures in the lists of voters)
j) the number of received ballot papers
k) the number of invalid ballot papers
l) the name of electoral subjects, the number of votes cast therefor
m) the date and time of drawing up of the protocol
n) the protocol data, with which a PEC member disagrees (a commission member shall make this note in the column ‘dissenting opinion’ and shall sign it).


4. All PEC members shall be obliged to sign a summary protocol of polling results, thus evidencing their presence at an electoral precinct. The protocol shall be endorsed by the PEC seal.


5. If a PEC member does not agree with the data entered in a PEC summary protocol of polling results, he/she shall have the right to attach his/her dissenting opinion to the protocol in writing.


6. If a PEC member expresses a dissenting opinion, it is still the PEC member’s duty to sign a summary protocol of polling results.


7. A summary protocol of polling results (attached with dissenting opinions of PEC members), together with a sealed package of ballot papers and lists of voters, shall immediately be submitted to the higher DEC, and the higher DEC shall submit the same protocol, together with the DEC summary protocol, to the CEC.


8. A PEC shall be responsible for posting a photocopy of a summary protocol of polling results for public review. A PEC shall, if requested, immediately give a photocopy of the protocol (attached with dissenting opinions of commission members) to representatives of a party/electoral bloc/initiative group of voters or to a PEC member appointed by a party and to observers from an observer organisation. The photocopy of a protocol shall be certified by the PEC seal and signatures of the PEC chairperson and secretary (these protocols shall have the same legal force as PEC summary protocols for polling results). The above-mentioned persons shall endorse the receipt of a photocopy of the protocol by signing in the PEC log-book.


9. From the day following the polling day, a DEC shall issue photocopies of summary protocols for polling results. The photocopies shall be endorsed by signatures of the DEC chairperson and secretary and by the DEC seal (those protocols shall have the same legal force as PEC summary protocols for polling results). Any representative/observer shall endorse the receipt of a photocopy of the protocol by signing in the DEC log-book.


10. Failure to issue a summary protocol of polling results, if requested as defined by this Law, shall give rise to the liability of authorised persons of a commission as defined by this Law.


11. A summary protocol of polling results, together with lists of voters and signatures of the voters participating in polling, shall be delivered to a DEC. A DEC, on the other hand, shall deliver the same lists to the CEC that shall sort and archive them.


12. After the completion of all polling procedures, the registration book of a PEC shall be closed, signed by the PEC chairperson and secretary, and endorsed by a PEC seal.


13. A PEC seal shall be sealed in a separate package. The package shall be signed by the PEC chairperson, its secretary, and other PEC members.


14. It is the duty of a PEC to submit immediately a photocopy of a summary protocol of polling results, upon filling it out, to the CEC through all technical means available (including fax, where possible).