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Article 75
 

Summarisation of polling and election results in DECs


1. Based on the summary protocols of PECs, and taking into account the results of the examination of the violations of the electoral legislation of Georgia, a DEC shall summarise polling results of a referendum, of the elections for the President of Georgia, for the Parliament of Georgia, for a municipality representative body – the Sakrebulo, for the Mayor/Gamgebeli not later than the 11th day after polling day. The DEC shall also determine the results of the Parliamentary elections of Georgia and those of municipality representative body - Mayoral/Gamgebeli elections, and shall draw up summary protocols of each type on polling and election results in electoral districts. Those protocols shall be forwarded to the CEC not later than the following day.


2. A summary protocol of the DEC polling/election results shall include the following:


a) the number and name of the electoral district
b) the name of the election/referendum, voting system (proportional, majoritarian)
c) the polling date (it shall also specify if it is a repeat voting or a second round of election)
d) the number of voters in the electoral district
e) the number of voters in the electoral district participating in the election
f) the number of received ballot papers
g) the number of invalid ballot papers
h) the names of electoral subjects, and the number of votes cast for electoral subjects
i) the number of valid ballot papers (the total number of votes cast for all electoral subjects)
j) the identifying number of the electoral precinct where polling results were annulled, the total number of voters in the same precinct and the basis for annulment of polling results
k) the number of ballot papers issued to the electoral precincts where polling results were annulled
l) the date and time of drawing up a protocol
m) the protocol data with which a DEC member disagrees (this note shall be made and signed by the commission member in the box ‘dissenting opinion’)
n) the data enumerated in a summary protocol of election results in this paragraph, as well as the names of the person(s) elected, the names of persons advanced to the second round, and the name of the person elected in the second round.


3. If a DEC annuls polling results of any electoral precinct(s) and if the total number of voters in this precinct(s) is such that a repeat voting shall not affect the identification of person(s) elected or person(s) moved to the second round, the DEC shall determine who is the person elected or who is the person(s) moved to the second round without taking into account the results from that precinct(s).


4. All DEC members attending the commission session shall be obliged to sign a summary protocol of polling/election results. The protocol shall be endorsed by the DEC seal.


5. If a DEC member disagrees with the data included in a summary protocol, he/she may specify in the protocol with what he/she disagrees, and may attach a written dissenting opinion to the protocol.


6. The DEC secretary shall include the data referred to in this article, upon determination, in the demonstration protocol posted at a visible and accessible place in the DEC.


7. A DEC summary protocol of polling/election results (attached with dissenting opinions of DEC members), as well as DEC ordinances about amending PEC summary protocols (if such amendments have been made) shall immediately be submitted to the CEC.


8. A photocopy of a DEC summary protocol (attached with dissenting opinions of DEC members) shall, upon request, immediately be submitted to representatives of a party/electoral bloc/initiative group of voters and to observers from an observer organisation. The photocopy of the protocol shall be endorsed by the DEC seal and the signatures of the DEC chairperson and secretary (those protocols shall have the same legal force as DEC summary protocols). The representative/observer shall confirm the receipt of a photocopy of the protocol by signing in the log-book.


9. If a certified copy of a summary protocol that is requested as defined by this Law is not issued, it shall give rise to liability of the commission chairperson and secretary under the legislation of Georgia.


10. Within seven days after polling results are summarised, the DEC secretary shall open the sealed log-books of PECs, make photocopies of the pages of the log-book that contain records provided for in Article 65(22) and 67(51) of this Law (after this procedure the log-book must be sealed again), certify the records with his/her signature and transfer them together with relevant sealed documents (photocopies of ID cards and passports) to the CEC.