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Article 21
 

Powers of a DEC


A DEC shall:


a) ensure, within its powers, the conduct of elections, referenda, and plebiscites, oversee the process of implementation of the electoral legislation of Georgia, and ensure its uniform application;


b) establish and specify, by an ordinance, the boundaries of electoral precincts;


c) have, if a lower PEC is unable or fails to perform the duties assigned to it under the legislation of Georgia, the right to request the CEC to suspend the powers of that commission by a majority decision of the total number of DEC members;


d) determine, by an ordinance, the text of ballot papers for the elections of the municipality bodies to be held in the electoral district;


d1) be obligated to open the respective election documentation and to count the voting results again when the number of votes given to an electoral subject, the total number of voters participating in the elections and/or the number of ballot papers deemed void has been changed in the summary protocol of the voting results drawn up by a PEC in such a way that it is not accompanied with the amendment protocol,


d2) be obligated, not later than the 6th day from the polling day, to identify 5 electoral precincts at a commission session, by random selection from the electoral precincts within the territory of an electoral district, to open the packages received from the PECs of these electoral precincts and to count the ballot papers again;


e) based on an application/complaint (if the application/complaint is filed under the procedure and within the time limit determined by this Law), and on its own initiative, verify the legality of actions and decisions of PECs and their officials (including the accuracy of keeping record of participants in elections, counting of ballot papers, etc.), and if violations are discovered, make an appropriate decision (including, change the data in the PEC summary protocol of polling results according to the verification results, or annul polling results in an electoral precinct); if the violation results in the replacement of a person elected in a singleseat district or of a candidate participating in the second round of elections, or the replacement of persons elected in a multi-seat electoral district (during elections of the municipality bodies), or the change of recognition of elections as held or failed (according to a majoritarian electoral district and during elections of the municipality bodies), and when the aforementioned verification fails to allow the DEC to establish legality of the results, it shall make a decision to declare void the polling results in the electoral precinct concerned, and to raise the question before the CEC as to holding a repeat vote. If a DEC makes the decision to re-count votes, the DEC shall communicate this information to all electoral subjects and observer organisations whose representatives were present during counting of ballot papers at an electoral precinct, and shall ensure, if they wish, the attendance of their representatives during the re-counting;


f) based on summary protocols of polling results of PECs, giving consideration to the final decision about violations of the electoral legislation of Georgia, summarize electoral district voting results of respective elections/referenda/plebiscites anddraw up a summary protocol of polling results of the DEC;


g) based on summary protocols of polling results of PECs, considering the consequence of a decision of a district/city court regarding violation of the electoral legislation of Georgia, determine the results of elections during elections of the municipality bodies (except for Tbilisi Sakrebulo elections) and during Mayoral elections of a self-governing city (except for Tbilisi city)/a selfgoverning community, and in this regard, draw up a summary protocol of the DEC on election results;


h) grant, by an ordinance, the status of a domestic observer of elections/referenda/plebiscites to local non-entrepreneurial (noncommercial) legal entities referred to in this Law;


i)   ensure the conduct of extraordinary elections, re-run elections, repeat voting, and run-off elections;


i1 ) elect, by an ordinance, representatives of a DEC and define their powers;


j) ensure the release and publication of election-related information materials;


k) review the applications and complaints related to the election process and make an appropriate decision within its power, including when there are appropriate grounds for that, make a decision on dismissing an application/complaint without prejudice;


l) facilitate the compiling of lists of voters as determined in this Law and ensure publicity thereof and accessibility thereto;


m) provide PEC members with workshops and training courses for professional development;


n) exercise other powers granted by this Law.


Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014


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 3266 of 21 July 2018 – website, 13.8.2018


Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020


Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020


Organic Law of Georgia No 703 of 28 June 2021 – website, 29.6.2021