Election commission rules of operation

1. This Law and the respective commission regulations adopted by a CEC decree, shall lay down the rules of operation for an election commission.

2. A session of an election commission shall be called by the chairperson or upon request of the deputy chairperson of the commission.

3. A session shall be authorised if attended by a majority of the total number of the election commission members.

4. A commission decision shall be deemed adopted if supported by a majority of the members present at the session (unless this Law provides for a higher quorum), but by not less than one-third of the total number of the election commission members. The decisions of an election commission regarding the decisions made by lower election commissions, including the nullification of electoral district/precinct results, the opening of packages received from the election commission, and the counting of election ballot papers, shall be adopted by not less than two-thirds of those present at the session.

5. In the case of an equal number of votes, the chairperson of the session shall cast the deciding vote.

6. Issues of human resources shall be resolved at the session by a majority vote of the total number of the election commission members.

7. The chairperson of the session and the secretary of the election commission shall sign minutes of sessions.

8. The session minutes shall be executed within one day from the session.

9. An election commission member who objects to the decision of the commission shall have the right to express his/her dissenting opinion in writing, which shall be attached to the minutes of the session. At the same time, a member having a dissenting opinion shall respect and obey the decision delivered by the commission. An election commission member shall have no right to impede, by his/her action/omission, the execution of a properly adopted decision.

10. An election commission shall accept, issue, and register electoral documents until 18:00 of the working day, except for cases defined by this Law.

11. Upon receipt of an application/complaint, the date and time of its receipt shall be recorded in the registration book of an election commission, as well as in the notice delivered to the applicant/complainant. The commission shall consider the application/complaint and shall make an appropriate decision.

12. The applicant shall confirm by signature in the registration book receipt of any document from an election commission.

13. An election commission shall not consider an application/complaint if the chairperson of an election commission has issued a decree on dismissing the application/complaint without prejudice.

14. Electoral documents shall be available to everyone, except as provided for by the legislation of Georgia. An election commission shall make the electoral documents and election information available to all interested persons within two days after such a request, and if more time is required to prepare the above information, an election commission shall make it available under the procedure established by the General Administrative Code of Georgia. When copies of the electoral documents and election information are requested, the fee and the payment procedure shall be regulated according to the legislation of Georgia.

15. A sessions of an election commission shall be open. It may be attended only by members of a superior election commission and commission representatives, staff members of a respective and superior election commissions, representatives of media accredited in the respective commission, one representative of electoral subjects in a respective commission, one observer from a domestic observer organisation registered with the respective commission, no more than two observers from an international organisation registered with the CEC together with an interpreter. In case of obstructing the work of an election commission and disturbing the peace, the decision on the issue of expelling a troublemaker (including a member of the commission) from the session of the election commission shall be made by the election commission, which shall be recorded in the minutes of the session. Expulsion of a troublemaker from the session of the election commission shall also imply his/her expulsion from the building of the election commission/polling station. The decision on the issue of expelling the troublemaker from the building of the election commission shall be made by the chairperson of a respective election commission by a decree.

16. The following individuals shall have the right to stay at a polling station:
a) members of the CEC, DECs and PECs;
b) representatives of the CEC and DECs;
c) a representative of an electoral subject registered with a respective PEC;
d) representatives of the press and media registered with the respective commissions;
e) observers.

17. Everyone authorised to stay at a polling station shall carry a badge (certificate) indicating his/her identity and title.

18. In case of obstructing the work of an election commission and disturbing the peace, the decision on the issue of expelling a troublemaker from the administrative building shall be made by the chairperson of the commission by a decree, and during a session, the decision on the issue of expelling a troublemaker from the session shall be made by the election commission, which shall be recorded in the minutes of the session.

19. An election commission member shall be obliged to participate in the commission activities as from the day of his/her appointment (election) in the respective commission.

20. A DEC or PEC member shall be obliged to sign a summary protocol of polling or election results. If the DEC or PEC member objects to the information reflected in the protocol, he/she may indicate the same in the respective section of the summary protocol of polling and election results and attach a written dissenting opinion to the protocol.

21. An election commission member is not the representative of his/her appointer/voter. An election commission member shall be independent in his/her activities and shall act only according to the Constitution of Georgia, law, and respective subordinate acts. Any pressure upon an election commission member or any interference in his/her activities with the aim of influencing his/her decision shall be prohibited and punishable by law.

22. If the commission chairperson and deputy chairperson are simultaneously, or the commission secretary is temporarily, unable to perform the duties defined by this Law, and if under the same Law an action falling within the exclusive authority of the chairperson or the secretary is to be carried out, the commission shall elect, without delay, under the procedures defined in this Law for the election of relevant officials, an acting chairperson or a secretary from among his/her staff. The powers of the acting chairperson of the commission shall cease once the commission chairperson or deputy chairperson is able to perform their duties, and the powers of the acting secretary of the commission shall cease once the commission secretary is able to perform his/her
duties.

23. If an election commission does not have a chairperson or a deputy chairperson, the commission secretary shall call a session to elect the commission chairperson and shall chair the commission until the chairperson is elected, and if the commission does not have a secretary, the senior member of the commission shall call and chair the commission session until the chairperson is elected.

24. In the case of absence of the commission chairperson, or upon his/her instruction, the commission deputy chairperson shall perform his/her duties.

25. A person authorised to be at a polling station, as well as a person authorised to attend a session of a commission, shall have the right to photograph and video film, except in a polling booth, without obstructing the electoral process/the work of the election commission session. It is prohibited to photograph and video film or otherwise process the information or data that, according to this Law, is not/are not considered as public information, except when the photographing and video filming or processing is allowed by this Law.

Organic Law of Georgia No 1274 of 26 July 2017 – website, 29.7.2017
Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018