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Article 125
 

Summarisation of election results at the CEC


1. The CEC shall, based on protocols received from DECs, PECs and on final court decisions, summarize at its sessions the results of the elections for the Parliament of Georgia held through the proportional system not later than on the 19th day after Election Day. The CEC shall, if necessary, set the day for the second round of the elections and draw up a summary protocol of the results of the first round of the elections, if the second round of the elections has been set. The CEC shall draw up a summary protocol of the final results of the elections of the Parliament of Georgia, if the second round of the elections has not been set. The CEC shall draw up a summary protocol of the final results of the elections of the Parliament of Georgia, not later than on the 19th day after the polling day of the second round of the elections, if the second round of the elections has been set.


2. One counterpart of the protocol shall be kept with the CEC, the second counterpart shall be delivered to the Parliament of Georgia, while the copies endorsed by the CEC seal shall be delivered to the representatives of electoral subjects.


3. A candidate for the membership of Parliament of Georgia that has received more than half of the total number of votes cast in the elections shall be deemed elected in a majoritarian electoral district. The number of votes recorded on invalid ballot papers shall not be included in the number of votes cast in the election.


4. Seats of MPs of Georgia shall be granted only to the party list that receives not less than 5% of the votes cast in the election. The number of votes cast in the election shall not include the number of votes recorded on invalid ballot papers.


5. In order to determine the number of seats obtained by a party list, the number of votes obtained by that list shall be multiplied by 77 and divided by the total number of the votes cast for electoral subjects. The integer part of the number thus received shall represent the number of the seats obtained by the party list.


6. If the total number of the seats obtained by a party/electoral bloc is less than 77, undistributed seats shall, first of all, be added in succession to the electoral subjects who have passed the electoral threshold but obtained less than 6 seats, in order to increase the number of seats to 6.


7. If the number of seats obtained by any electoral subject still is less than 6 after the distribution of seats as defined in the sixth paragraph of this article, in order to increase the number of seats to 6, one seat shall be deducted in succession from the electoral subjects that have obtained more than 6 seats so that the number of seats remaining with the electoral subject is not less than 7 as a result of the deduction.


8. If there are still undistributed seats remained after the procedures provided for by the sixth paragraph of this article, they shall be distributed in succession, until no seats are left, to the electoral subjects that have obtained not less than 6 seats without a supplement.


9. If the number of votes received by 2 or more party lists turns out to be equal, the seat shall be awarded to the list that was registered with the CEC earlier.


10. If a candidate for MP of Georgia is elected both through the majoritarian electoral system and under the party list, he/she shall be deemed elected through the majoritarian electoral system. The place of the candidate in the party list shall be taken by another candidate as defined in Article 130(2) of this Law.


11. The candidates for MP of Georgia whose sequence numbers in the party list are less than or equal to the number of seats obtained by the list shall be deemed elected under the party list. The number of MPs elected under that list shall remain unchanged.


12. If polling results of more than half of electoral precincts in any electoral district are declared void as a consequence of gross violations of this Law and that affects the election results, or if polling results of several electoral precincts, in which the total number of voters is more than half of the total number of voters in the electoral district, are declared void and that affects the election results, the majoritarian election results in the electoral district shall be deemed void and the CEC shall call for a re-run election in the electoral district.


13. If polling results are declared void during elections held under the proportional electoral system as a consequence of gross violations of this Law in more than half of or in several electoral districts, in which the total number of voters is more than half of the total number of voters in Georgia, the election results shall be declared void and the CEC shall call for re-run elections.


14. If an application/complaint is filed for the verification or invalidation of polling results, the CEC shall by ordinance decide on opening the sealed packages and re-counting the ballot papers received from the respective PEC, or the CEC shall assign that activity to the respective DEC/special group. If necessary, the CEC may summarize election results based on protocols drawn up by PECs.


15. In an electoral precinct in which the polling results have been declared void, the CEC shall call a repeat vote in that precinct, provided that the difference between the votes cast for the candidates with the best results in the electoral district is less than the total number of voters in the electoral precinct. If the polling results of the repeat vote are also declared void, the election results shall be summarised without giving consideration to the results from that precinct.


16. A repeat vote may be called after the first round of the elections, as well as after the second round of elections. A repeat vote shall be held within two weeks after the first or second round of elections accordingly. The CEC shall have the right to assign the same or a different composition of the PEC to hold a repeat vote.


17. A repeat vote during elections held through the proportional electoral system shall be called if the total number of voters in those precincts, in which the results have been declared void, is more than 10% of the total number of voters in Georgia. In this case, the repeat vote shall be held not later than two weeks after general election day.


18. Summary protocols of the final results of election held through the proportional electoral system shall indicate the number of voters participating in the election held through the proportional electoral system and the number of ballot papers regarded invalid; the total number of votes received by each electoral subject; the percentage of votes and the number of seats received; the numbers of the electoral districts and precincts in which elections were declared void, as well as the number of voters in such districts and precincts, and the reasons for declaring the elections such districts and precincts void.


18.1. A summary protocol of the first round of elections held through the majoritarian electoral system shall include:


a) the total number of the voters in Georgia; the numbers of electoral districts and precincts where elections were declared void, as well as the number of voters and reasons for declaring elections void in these electoral districts and precincts; the date of repeat voting if a repeat voting has been set, and the numbers of the electoral districts and precincts where a repeat voting has been set; the numbers of the electoral district where re-run elections were called, and the date of re-run elections called;
b) by each majoritarian electoral district: the total number of voters; the number of participants in elections and the number of ballot papers declared void; the identity of the elected member of the Parliament of Georgia if a repeat vote or a second round of elections has not been called, the number and percentage of votes received by him/her; the date of the second round of elections if the second round has been called, as well as identities of candidates in the second round of elections and the number and percentage of votes received by them.


18.2. A summary protocol of elections final results shall include the total number of electorate in Georgia and the total number of voters in each majoritarian electoral district; the numbers of electoral districts and precincts where elections have been declared void and a repeat vote has not been held, and the number of voters in such districts and precincts; the numbers of electoral districts, where re-run elections have been called, and the date of re-run elections; the number of participants in elections held through the proportional electoral system, the number of votes received by each electoral subject, the percentage of received votes and the number of received sits; a list of elected members of the Parliament of Georgia compiled by nominating electoral subjects indicating their party affiliation and the majoritarian electoral district (if elected in such districts).


19. The CEC shall publish the summary protocol of election results on its official website within five days after the final results of the election are summarised. Upon drawing up summary protocols of the result of elections held through the proportional electoral system, of the results of the first round of the elections held through the majoritarian electoral system, and of the final results of the elections, the CEC shall publish these protocols on its official website. The CEC shall give the summary protocols of the final results of the elections to the Legislative Herald of Georgia that shall publish it in two day time.