Procedure for appointing/electing PEC members and head officers
1. If a respective vacant position becomes available, a PEC chairperson, a deputy PEC chairperson, or the secretary of a PEC shall be elected by the PEC at the very first session of the PEC from among the PEC members elected by a DEC, for the term of membership in the PEC, by a roll-call vote, provided that a candidate was also supported by the majority of the PEC members elected by the DEC. At least 2 PEC members shall have the right to nominate a candidate.
2. If a PEC fails to elect its chairperson, deputy chairperson, or secretary within the established timeframe, the commission member who receives the most votes during elections shall act for 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 act for the chairperson, deputy chairperson, and secretary.
3. One and the same candidate may be nominated to a vacant position of the head officer of a PEC only twice.
4. A DEC shall elect PEC members for regular elections not later than the 46th day, and for extraordinary elections – not earlier than the 50th day and not later than the 46th day before Election Day. Before electing PEC members, the list of appropriate candidates shall be published on the official website of the CEC. 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 the Election Day.
5. The CEC shall elect members of a PEC set up abroad not earlier than the 24th day and not later than the 20th day before the 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.
61. If the party entitled to appoint a member of the commission does not exercise this right within the period established by this law, it shall lose the right to appoint a member of the Precinct Election Commission during the election period of the same election.
7. The respective DEC shall publish the list of PEC members on the official CEC website not later than the 29th 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 8th 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, by an ordinance, the procedure, conditions, and terms of the competition for PEC membership candidates.
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 o 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. In such case, the party shall lose the right to reappoint a member of the Precinct Election Commission during the election period of the same election.
11. A DEC and the CEC shall elect PEC members by roll-call voting. Each candidate shall be voted for individually. When electing a PEC member by the CEC, a candidate supported by at least two thirds of the total number of the CEC members shall be deemed elected, and when electing a PEC member by a DEC, a candidate supported by at least two thirds of the total number of a respective DEC members shall be deemed elected, provided that he/she was supported by at least 3 respective DEC members elected by the CEC for a 5-year term. If the number of candidates turns out to be more than the number to be elected, the candidates with better results among them shall be deemed elected. If the winner cannot be identified due to the equal number of votes received by the candidates, these candidates shall be put to a vote immediately to identify the winner. At repeated polling, a candidate supported by a majority of the total number of members of a respective election commission shall be deemed elected. If the winner cannot be still identified, it shall be determined by casting lots. If not all vacancies are filled as a result of the procedure established by this paragraph, the decision shall be made by the CEC.
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(6) 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. The first session of the Precinct Election Commission shall be held according to the agenda determined by an ordinance of the District Election Commission/CEC Chairperson and shall close upon its expiry.
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
Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020
Organic Law of Georgia No 703 of 28 June 2021 – website, 29.6.2021
