Early termination of tenure of election commission members/head officers
1. The tenure of CEC Chairperson/member shall terminate early by a resolution of the Parliament of Georgia (except for the CEC members appointed by parties referred to in Article 13 and other cases defined by this Law), and for DEC or PEC members – by an ordinance of the higher election commission (except as provided for by paragraph 6 of this article and Article 13 of this Law), provided that:
a) an election commission member fails, within seven days after his/her election, to cease activities and/or office that is incompatible with the commission member status;
b) an election commission member takes over a position incompatible with the commission member status under this Law;
c) the fact that an activity is incompatible with the status of the election commission member has been disclosed;
d) the data specified in the documents submitted for membership competition is inaccurate- from the day of the disclosure;
e) a member fails to fulfil the duties and powers of the CEC or DEC chairperson/member for two consecutive months or has not attended 3consecutive sessions of the CEC or DEC without a good reason;
f) there is a guilty verdict of a court, or an election commission member violates the electoral legislation of Georgia and the violation is confirmed by a court – in the case of the entry into force of a court decision;
g) an election commission member is withdrawn by the party that appointed him/her as determined by this Law – in the case of the filing of an application for withdrawal;
h) the status of an election commission member, as a voter, is cancelled;
i) there are cases of systematic or gross violation of the electoral legislation of Georgia, regulations of the Electoral Administration, or there is another appropriate basis under the Law of Georgia on Public Service.
11.If a member of the commission is elected/appointed as a member of the same or another election commission, his/her powers shall be prematurely terminated from the day when a legal act about his/her election/appointment becomes effective, and the respective election commission shall note that information and include it in the election commission session protocol.
2. If the election commission chairperson, deputy chairperson, commission secretary is resigned:
a) an application of resignation of the CEC Chairperson shall be submitted to the Parliament of Georgia;
b) an application of resignation of the CEC Deputy Chairperson and Secretary shall be submitted to the CEC;
c) an application of resignation of DEC or PEC chairperson, deputy chairperson, secretary shall be submitted to the respective election commission.
21) If the CEC Chairperson submits an application for resignation to the Parliament of Georgia, the day following the registration of the application shall be deemed the moment when powers of the CEC Chairperson are terminated.
3. A CEC Deputy Chairperson, the CEC Secretary, a DEC or PEC chairperson, a deputy chairperson, and the commission secretary shall be prematurely dismissed from office by an ordinance of a respective election commission.
4. In the case of death of an elected CEC member, the Parliament of Georgia shall note that fact and include it in the plenary session protocol of the Parliament of Georgia. In the case of death of an elected DEC member, the CEC shall note that information and include it in the CEC session protocol.
5. Dismissal of an election commission chairperson, deputy chairperson, and secretary on the same grounds, also an application for early termination of tenure of an election commission member twice in a row within six months shall be prohibited.
6. The tenure of election commission members appointed by parties under paragraph 1 of this article (except as provided in paragraph 1(g) of this article and Article 13 of this Law) shall terminate early by a court decision.
7. If one of the grounds referred to in paragraph1 of this article exists, the Parliament of Georgia shall discuss and decide upon the resignation, early termination of tenure of the election commission chairperson, deputy chairperson, or secretary within 15 days, or within five days when the decision is made by an authorised election commission. A decision shall be made according to the same procedure as applied during the election process.
8. Unless an application of resignation/early termination of powers is satisfied within the time frame provided for by this article, the election commission chairperson, deputy chairperson, or secretary shall be deemed to have resigned, and the tenure of the election commission member shall be deemed automatically terminated from the day following the expiration of the above timeframe.
9. A PEC member may not be withdrawn during the last 20 days before the polling day, on the polling day and the day following the polling day.
Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018
Organic Law of Georgia No 703 of 28 June 2021 – website, 29.6.2021
