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Article 25
 

Procedure for appointing/electing PEC members and head officers


1. If there is a vacancy for a PEC chairperson, deputy chairperson, or secretary, the PEC shall elect the PEC chairperson, deputy chairperson, and secretary at the first session from among the commission members, for the term of membership, by a majority vote of the total number of members, by a roll-call vote. Not less than 2 members shall have the right to nominate a candidate. At the same time, PEC head officers may not be the representatives of the same electoral subject.


2. If a PEC fails to elect its chairperson, deputy chairperson, or secretary within the established time frame, the commission member who receives the most votes during elections shall perform the duties of the chairperson, deputy chairperson, and secretary until he/she is elected; and in the case of equal votes, the person determined by casting lots shall perform the duties of the chairperson, deputy chairperson, and secretary.


3. The same candidate may be nominated only twice.


4. A DEC shall elect 6 PEC members not earlier than the 50th day and not later than the 46th day before Election Day. Members of a PEC set up in an exceptional case shall be elected not earlier than the 10th day and not later than the 9th day before Election Day. 


5. The CEC shall elect 6 members of the PEC set up abroad not earlier than the 24th day and not later than the 20th day before Election Day.


6. The decision of a party authorised under Article 24(4) of this Law regarding the appointment of a PEC member shall be submitted to an appropriate DEC not earlier than the 45th day and not later than the 40th day before Election Day, while the decision regarding the appointment of a commission member to a PEC set up in a exceptional case shall be submitted to an appropriate DEC not earlier than the 14th day and not later than the 9th day before Election Day; and the decision regarding the appointment of a member of a PEC set up in another state shall be submitted to the CEC after the PEC is set up, not later than the 20th day before Election Day.


7. The respective DEC shall publish the list of PEC members on the official CEC website not later than the 29 day before Election Day, and the list of members of an election commission set up in exceptional cases – not later than the 5th day before Election Day; the CEC shall publish the list of members of a commission set up abroad not later than the 10th day before Election Day.


8. If on the 30th day, and for the commissions set up in exceptional cases, on the eighth day, and for the commissions operating abroad, on the 19th day before Election Day there are less members in the PEC than required, the higher DEC (in the first two cases) and the CEC (in the third case) may elect commission members within three days from among the competing candidates or by announcing another competition. The CEC shall determine the procedure, conditions, and terms of the competition for PEC membership candidates by its ordinance.


9. The decision of an authorised party about withdrawal of a PEC member or appointment of his/her legal successor shall be
submitted to the respective PEC and the higher DEC, and for the commissions operating abroad, the decision shall be submitted to the CEC.


10. If a party authorised to appoint the legal successor of a commission member fails to exercise this right after the term of office of the commission member terminates early, or if the term of office of a commission member elected by a DEC or the CEC terminates early and because of this there are fewer members in the commission than required, the DEC or the CEC may appoint a new candidate within five days after the deadline for nominating new candidates expire.


11. The CEC and DEC shall elect PEC members by roll-call vote. Each candidate shall be voted on separately. A person who is supported by a majority vote of the total number of the commission members shall be deemed elected. If the number of elected candidates exceeds the number of available vacancies, candidates with the most votes shall be elected. If the winner cannot be determined due to the equal number of votes received by some candidates, the candidates shall be put to a vote immediately to determine the winner. If a winner is still not determined, he/she shall be determined by casting lots. If all the vacancies are not filled after polling, the CEC shall make an appropriate decision.


12. A decision about the election/appointment of a PEC member shall indicate the first name and last name of the elected/appointed member, also the number of the PEC to which the candidate has been elected/appointed. A party decision on the appointment of a PEC member shall indicate the contact address and telephone number of the appointed commission member. A photocopy of the Georgian citizen’s identity card or a photocopy of the Georgian citizen’s passport and the consent of the appointed commission member shall be attached to the decision.


13. A person nominated as a PEC member shall not be deemed a PEC member if the time limit for submitting the documents defined in this article has been violated and/or if the documents submitted are incomplete or inaccurate, and the deficiencies in the documents have not been corrected within the time limit under this paragraph. If the submitted documents do not meet the requirement defined by this article, respectively the CEC Chairperson or the DEC chairperson shall, within two days, inform (specifying the discrepancy) the entity that elected/appointed the PEC member. The corrected documents shall be returned respectively to the DEC or the CEC within three days.


131. A person appointed by an authorised party as a PEC member shall not be considered a PEC member either if the person appears to be a member of the same or another election commission at the moment of his/her nomination to the DEC, and/or the person nominated fails to meet the requirements under Article 24(5) of this Law. In such a case, the DEC Chairperson shall notify the authorised party about this within two days and shall additionally allow it one day for nomination of a new PEC member.


14. The term of office of a PEC member shall commence at the first session of the PEC and shall terminate upon drawing up of the summary protocol of polling results in the respective DEC.


15. (Deleted – 25.7.2013, No 864).


16. (Deleted – 25.7.2013, No 864).


17. (Deleted – 25.7.2013, No 864).


18. (Deleted – 25.7.2013, No 864).


19. (Deleted – 25.7.2013, No 864).


20. The term of office of a PEC member shall terminate upon election of his/her substitute commission member.


21. The first session of a newly set up PEC shall be held not later than the 30th day before the general election day. In exceptional cases and in electoral precincts set up abroad, the first PEC session shall be held not later than the third day after the commission is set up. The relevant DEC chairperson shall call the first PEC session. An exception is the PEC set up abroad, the first session of which shall be called by the CEC Chairperson.


Organic Law of Georgia No 6571 of 28 June 2012 – website, 28.6.2012
Organic Law of Georgia No 864 of 25 July 2013 – website, 19.8.2013
Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014
Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016
Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018
Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018