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Article 164
 

Procedure for replacement of a member who withdraws from the Tbilisi Sakrebulo


1. If the authority of a member of Tbilisi Sakrebulo elected through the proportional system terminates before its expiration, the candidate who received the next highest number of votes in the party list shall take his/her place in Sakrebulo within two weeks, if he/she accepts membership in the Sakrebulo within 10 days after being notified by the CEC. If no candidate appears in the party list, the seat shall be annulled.


2. If the Tbilisi Sakrebulo member who last held the vacant seat was elected through the party list of an electoral bloc and the party list indicated that he/she is a member of one of the parties in the electoral bloc, the next candidate for Sakrebulo membership on the same party list shall replace him/her within two weeks if, within ten days after the vacancy occurs, the new candidate consents to become a Tbilisi Sakrebulo member. Otherwise, the vacancy shall be filled by the next candidate on the same party list, etc. If the party list did not indicate that the Sakrebulo member who last held the vacant seat is a member of one of the parties in the electoral bloc, his/her successor shall be determined under the first paragraph of this article.


3. A successor of the withdrawn member of Tbilisi Sakrebulo elected through proportional system shall, within 10 days of having notified the CEC, consent to Sakrebulo membership. Otherwise, the vacancy will be filled by the candidate determined according to the second paragraph of this article. If no candidate appears in the party list, the seat shall be annulled.


4. If the term of office of a Tbilisi Sakrebulo member elected through the majoritarian electoral system terminates prematurely, a by-election shall be conducted as defined in this Law in the nearest May or October, provided that at least 60 days remain until the end of the respective month. Byelections shall not be held if less than one year remains until the term of office of the Sakrebulo expires.


5. The CEC shall set the date of by-elections by ordinance. The CEC shall set the time frames for election events by ordinance not later than the 50th day before Election Day.


6. Candidates, who have won the by-elections, shall take the places of withdrawn Tbilisi Sakrebulo members, elected through the majoritarian system for the remaining term of office of the Sakrebulo.


7. To run in Tbilisi Sakrebulo by-elections, the party/electoral bloc referred to in Article 142(1)(a) of this Law as well as the party registered for the last local self-government elections, shall apply to the CEC not later than the 47th day before Election Day. A party which fails to meet this condition shall apply to the CEC within the same time frame. Upon receipt of the application, the CEC shall give such party a sample form of a party supporter list to collect supporter signatures. An initiative group of voters shall apply to the CEC within the same time frame. The initiative group of voters, as well as the candidate nominated by such group shall be registered under Article 141(3) of this Law.


8. The party, the registration of which under the seventh paragraph of this article requires the presentation of the party supporter list, shall present to the CEC, not later than the 40th day before Election Day, the list of voters supporting the party to run in the Sakrebulo elections.