Electoral disputes and group of claimants

1. The provision regulating elections, and time limits and the procedure for filing a constitutional claim with and hearing it at the Constitutional Court of Georgia concerning the constitutionality of elections to be held or held on the basis of the provision shall be defined by the Organic Law of Georgia on the Constitutional Court of Georgia.

11. Persons authorised to file a claim with court, as defined in this article, shall have the right to submit an application/complaint to an election commission with respect to an electoral dispute defined in this article.

2. A representative of any registered (for election purposes) party/electoral block/initiative group of voters to a respective election commission, an organisation with the status of observer (during the non-election period – an organisation with the status of observer registered for the last general elections), a member of the respective DEC or PEC, or a citizen whose application for being entered into the list of voters has not been satisfied by the election commission, shall have the right to file a complaint with the court concerning the lists of voters.

3. A party/electoral bloc with an electoral registration, or its representative to the CEC, an organisation with the status of observer registered for the last general elections, and a member of the CEC shall have the right to file a claim with the court with respect to the establishment of electoral districts, within the time limit determined by this Law.

4. A party/electoral bloc with an electoral registration, or its representative to a respective DEC, an organisation with the status of observer registered for the last general elections, and a member of the respective DEC shall have the right to file a claim with the court with respect to the establishment of electoral districts, within the time limit defined by this Law.

5. An individual determined by the legislation of Georgia shall have the right to file a complaint with the court concerning the appointment/election of a member of the CEC/DEC within the time frame defined by this Law.

6. A representative of any registered (for election purposes) party/electoral block/initiative group of voters to a respective DEC, an organisation with the status of observer, or a member of a respective DEC or PEC shall have the right to file a complaint with the court concerning the appointment/election of a PEC member within the time frame defined by this Law.

7. A registered (for election purposes) party/electoral bloc, an organisation with the status of observer, or a member of a respective or higher election commission, whose term of office terminates early, shall have the right to file a complaint with the court concerning the ordinance of an election commission and its chairperson for pre-term termination of the term of office of an election commission member or an election commission head officer, as well as concerning the failure to adopt a decision about pre-term termination of the term of office (if there is the basis referred to in Article 29 of this Law), within the time frame defined by this Law.

8. A member of the CEC, a representative of any registered (for election purposes) party/electoral bloc to the CEC, an organisation with the status of observer, or more than half of the commission members, whose term of office terminated early under an ordinance, shall have the right to file a complaint with the court concerning the CEC ordinance for pre-term termination of the term of office of a lower election commission, as well as concerning the failure to adopt a decision about pre-term termination of the term of office.

9. The CEC shall have the right to file a complaint with the court concerning the failure to fulfil the obligations determined by Article 53(2) of this Law within 10 days after the expiration of the timeprovided for by the same paragraph.

10. The following entities shall have the right to file a claim with court with respect to the electoral registration of a party, electoral bloc, initiative group of voters, and their representatives:

a) a party, an electoral bloc, a representative of an initiative group of voters to the CEC (during the Georgian presidential election and the Tbilisi mayoral election), if the CEC chairperson failed to register the party, the electoral bloc, the initiative group of voters or their representatives, or cancelled their registration;

b) a party, an electoral bloc, a representative of an initiative group of voters to the respective DEC (during the elections of a local self-government representative body – Sakrebulo and a municipality executive body – Mayor (except for Tbilisi city), and Georgian parliamentary elections held through the majoritarian electoral system), if the DEC chairperson/secretary failed to register the initiative group of voters/its representative, or cancelled its registration;

c) a party, an electoral bloc, a representative of an initiative group of voters to the CEC (during the Georgian presidential election and the Tbilisi mayoral election), not less than 2 persons with the status of observer (appointed as observers to the CEC), if they believe that the party, the electoral bloc, or the initiative group of voters have been registered in violation of the requirements of the electoral legislation of Georgia;

d) a party, an electoral bloc, a representative of an initiative group of voters to the respective DEC (during Georgian parliamentary elections held through the majoritarian electoral system and elections of a local self-government representative body – Sakrebulo and a municipality executive body – Mayor (except for Tbilisi city)), not less than 2 persons with the status of observer (appointed as observers in a respective electoral district), if they believe that the initiative group of voters has been registered in violation of the requirements of the electoral legislation of Georgia.

11. The following entities may file a complaint with the court concerning an ordinance of an election commission chairperson on the registration of a candidate for President of Georgia, of a party list submitted by a party/an electoral bloc running independently in the elections, of individual candidates entered into the list, of a candidate nominated in a single-seat electoral district, and of a Mayoral candidate:

a) a party/an electoral bloc running independently in elections, a majoritarian candidate, a representative of an initiative group of voters to the CEC (during elections of the President of Georgia), a representative of an initiative group of voters to the respective DEC (during elections of the Parliament of Georgia and for a municipality representative body Sakrebulo held under the majoritarian electoral system), if the CEC Chairperson did not register the candidate for President of Georgia, the candidate for Mayor of Tbilisi, the party list presented by the party/the electoral bloc, individual candidates entered into the list, and if the DEC chairperson did not register the candidates nominated by a party/an electoral bloc, or by an initiative group of voters during elections of the Parliament of Georgia, or did not register a party list presented by a party/an electoral bloc during the elections of Sakrebulos, or individual candidates entered into the list, or the candidates nominated by a party/an electoral bloc/an initiative group of voters during Sakrebulo elections, or the Mayoral candidates nominated by a party/an electoral bloc during elections of Mayor of a self-governing city (other than Tbilisi)/community, and/or if the chairpersons of the above commissions cancelled their registration;

b) a party registered for elections and independently running in the elections, a registered electoral bloc, a representative of a registered initiative group of voters to the CEC (during elections of the President of Georgia), or at least 2 persons with the status of observer (appointed as observers to the CEC), if they believe that the CEC Chairperson registered a party/electoral bloc list, individual candidates entered into a party/electoral bloc list, a candidate for President of Georgia, or a candidate for Mayor of Tbilisi in violation of the requirements of the electoral legislation of Georgia, and also if individual candidates entered into the party/electoral bloc list fail to meet the requirements referred to in the Constitution of Georgia and other legislative acts of Georgia or those requirements have been fulfilled in violation of the procedure defined by the legislation of Georgia;

c) a party registered for elections and independently running in the elections, a registered electoral bloc, a representative of an initiative group of voters to the respective DEC (during elections of the Parliament of Georgia and for a municipality representative body Sakrebulo held under the majoritarian electoral system), or at least 2 persons with the status of observer (appointed as observers to the DEC), if they believe that the DEC chairperson registered a party/electoral bloc list, individual candidates nominated under the majoritarian system or entered into the party/electoral bloc list, or Mayoral candidates of a selfgoverning city (other than Tbilisi)/community in violation of the requirements defined in the electoral legislation of Georgia, and also if individual candidates nominated through the majoritarian system or entered into the party/electoral bloc list fail to meet the requirements of the Constitution of Georgia and other legislative acts of Georgia or those requirements have been met in violation of the procedure defined by the legislation of Georgia;

12. The following entities shall have the right to file a complaint with the court concerning the CEC ordinance for registration of domestic and international observer organisations: the domestic or the international observer organisation if the CEC has not registered the organisation, a party/electoral bloc having gone through electoral registration, a representative of a registered initiative group of voters to the CEC, a registered organisation with the status of observer, provided the entities admit that the observer organisation was registered in violation of the electoral legislation of Georgia.

13. The following entities shall have the right to file a complaint with the court concerning a DEC ordinance for registration of a domestic observer organisation: the domestic observer organisation if the CEC failed to register the organisation, a party/electoral bloc having gone through the electoral registration, a representative of a registered initiative group of voters to the DEC, a registered organisation with the status of observer, provided the entities admit that the observer organisation was registered in violation of the electoral legislation of Georgia.

14. The following entities shall have the right to file a complaint with the court concerning the CEC/DEC secretary ordinance for accreditation of representatives of the press and other media: the representatives of the press and other media, whose applications for accreditation have not been satisfied by the election commission, a party/electoral bloc having gone through electoral registration, a representative of an initiative group of voters to the respective election commission, or an organisation with the status of observer.

15. The following entities may file a complaint with the court concerning the actions referred to in Article 47(1) of this Law: 

a) a party, an electoral bloc, a representative of an initiative group of voters to the CEC (during elections of the President of Georgia), an organisation with the status of observer, an election commission, if the complaint concerns the violation of the above procedure by a party, an electoral bloc, a candidate for President of Georgia or by a candidate for Mayor of Tbilisi;

b) a party, an electoral bloc, a representative of an initiative group of voters to the respective DEC (during elections of municipality representative bodies Sakrebulos, and of the Parliament of Georgia held under the majoritarian electoral system), a majoritarian candidate, a Mayoral candidate, an organisation with the status of observer, an election commission, if the complaint concerns the violation of the above procedures by the candidate nominated in the electoral district.

Note: A person defined in this paragraph shall be entitled to refer to the court on his/her own on the issue provided for in the same paragraph, and an application/complaint filed by him/her for submitting such a request to another authorised person shall not be subject to consideration.

16. A person determined by the legislation of Georgia shall have the right to file a complaint concerning the violation of the provisions of Article 46(3) and Article 50(1-4) of this Law by the press and other media.

161. (Deleted – 12.6.2015, No 3695).

17. If the provisions of Articles 48 and 118 of this Law are violated, the following entities may file a complaint with the court concerning an ordinance of an election commission chairperson: a party, an electoral bloc or an initiative group of voters nominating a candidate, the candidate in relation to whom the ordinance has been issued, a representative to the CEC of any other party, electoral bloc or initiative group of voters registered for elections (during elections of the President of Georgia), an organisation with the status of observer, a representative of an initiative group of voters to the DEC (in the case of a majoritarian candidate), unless the commission confirms the above violation.

18. (Deleted – 25.7.2013, No 864).

19. A complaint concerning the issues referred to in the seventeenth paragraph of this article shall be filed with the respective district/city court not later than the day following polling day. The court shall deliver its decision not later than the following day after filing of the complaint. The court decision of the district/city court may be appealed to the Court of Appeals not later than the following day after delivering the decision and the Court of Appeals shall deliver its decision not later than the following day after filing of the complaint.

20. In the case of appealing a PEC summary protocol, the following entities may file a claim with the court concerning the respective ordinance of a higher DEC: a party with an electoral registration, electoral bloc, initiative group of voters or its representative to a respective DEC, and an organisation with the status of observer.

21. The following entities may file a claim with the court concerning a DEC ordinance on declaring voting results valid or invalid in an electoral precinct: a party, an electoral bloc, an initiative group of voters or its representative to a respective DEC, a majoritarian candidate, a Georgian Presidential candidate, a Mayoral candidate of a self-governing city/self-governing community, and an observer of an organisation with the status of observer at a respective DEC.

22. The following persons may file a claim with the court concerning a CEC ordinance on declaring elections valid or invalid: a party independently running in the elections, an electoral bloc, a representative of an initiative group of voters to the CEC (during elections of the President of Georgia), a representative of an initiative group of voters to the DEC (in the case of an electoral district), a majoritarian candidate, a Georgian Presidential candidate, a Mayoral candidate of a self-governing city/self-governing community, and an organisation with the status of observer.

23. If a DEC summary protocol is appealed, the following entities may file a complaint with the court concerning the CEC ordinance on the appeal: a party independently running in the elections, an electoral bloc, a representative of an initiative group of voters to the DEC, a majoritarian candidate, a Mayoral candidate of a self-governing city/self-governing community, a Georgian Presidential candidate, and an organisation with the status of observer.

24. The following entities may file a claim with the court concerning a CEC summary protocol of election results: a party independently running in the elections, an electoral bloc, a representative of an initiative group of voters to the CEC (during a Georgian Presidential election), a candidate for Mayor of Tbilisi, a majoritarian candidate (during Georgian parliamentary elections and elections of the Tbilisi Sakrebulo), a Georgian Presidential candidate, and an organisation with the status of observer.

Organic Law of Georgia No 6605 of 29 June 2012 – website, 16.7.2012

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 3695 of 12 June 2015 – website, 15.6.2015
Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016
Organic Law of Georgia No 1232 of 26 July 2017 – website, 29.7.2017
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
Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018