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 defined by this article, who have the right to file a claim with a court, shall have the right to submit an application/complaint to an election commission with regard to an electoral dispute defined by this article, and persons registered in the electronic register shall have the right to file a claim with a court on behalf of the aforementioned persons – on the basis of their applications, appeals or recommendations. The procedure for keeping an electronic register shall be defined by an ordinance of the CEC.
2. A representative to a respective election commission of a party/an initiative group of voters with an electoral registration, an organisation with the status of observer (during the non-election period – an organisation with the status of observer registered during the last general elections), a member of an appropriate DEC or PEC, or a citizen whose application for including him/her in the list of voters was not satisfied by the election commission, shall have the right to file a claim with the court concerning the list of voters.
3. A representative to the CEC of a party with an electoral registration, 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 establishment of electoral districts, within the time limit determined by this Law.
4. A representative to an appropriate DEC of a party with an electoral registration, an organisation with the status of observer registered for the last general elections, and a member of an appropriate DEC shall have the right to file a claim with the court with respect to establishment of electoral districts, within the time limit determined 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 to an appropriate DEC of a party/an initiative group of voters with the electoral registration, an organisation with the status of observer, or a member of a respective DEC or PEC shall have the right to file a claim with the court concerning the appointment/election of a PEC member within the time limit determined by this Law.
7. A party with the electoral registration, an organisation with the status of observer, or a member of an appropriate or higher election commission, whose term of office has been prematurely terminated, shall have the right to file a claim with the court with respect to the ordinance of an election commission and its chairperson on premature termination of the term of office of a member of an election commission or a head officer of an election commission, and due to the failure to adopt a decision of the premature termination of the term of office (when there is a basis under Article 29 of this Law), within the time limit determined by this Law.
8. A member of the CEC, a representative to the CEC of a party with the electoral registration, an organisation with the status of observer, or more than half of an election commission members whose term of office has been prematurely terminated under this ordinance shall have the right to file a claim with the court due to the ordinance of the CEC on premature termination of the term of office of a subordinate election commission, and due to the failure to adopt a decision of the premature 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 time provided for by the same paragraph.
10. The following entities shall have the right to file a claim with the court due to the registration of a party, an initiative group of voters, and their representatives:
a) a party, a representative of an initiative group of voters to the CEC (during elections of the Mayor of Tbilisi), if the CEC chairperson did not register the party, the initiative group of voters or their representatives, or cancelled their registration;
b) a party, a representative of an initiative group of voters to an appropriate DEC (during elections of a municipality representative body Sakrebulo and the Mayor (except for Tbilisi city)), if the DEC chairperson/secretary did not register the initiative group of voters/their representatives, or cancelled their registration;
c) a party, a representative of an initiative group of voters to the CEC (during elections of the Mayor of Tbilisi), and not less than 2 persons with the status of observer (that were appointed as observers to the CEC), if they believe that the party has been registered in violation of the requirements of the electoral legislation of Georgia;
d) a party, a representative of an initiative group of voters to an appropriate DEC (during elections of a municipality representative body Sakrebulo and the Mayor (except for Tbilisi city)), and not less than 2 persons with the status of observer (that were 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 claim with the court due to the ordinance of an election commission chairperson on the registration of the party list submitted by a party running in elections, of individual candidates entered into the party list, of a candidate nominated in a single-seat electoral district, and of a candidate for Mayor:
a) a party running in elections, a majoritarian candidate, a representative of an initiative group of voters to an appropriate DEC (during elections of amunicipality representative body Sakrebulo), if the CEC Chairperson did not register a candidate for Mayor of Tbilisi, the party list submitted by a party, individual candidates entered into the list; and if the chairperson of a DEC did not register a party list submitted by a party, individual candidates entered into the party list, candidates nominated by a party/an initiative group of voters during Sakrebulo elections, or the candidates for Mayor nominated by a party during elections of the Mayor of a self-governing city (except for Tbilisi)/a self-governing community, and/or if the chairpersons of the above election commissions cancelled their registration;
b) a party with the electoral registration and running in elections, and at least 2 persons with the status of observer (that were appointed as observers to the CEC), if they believe that the CEC Chairperson registered a party list, individual candidates entered into the party list, and a candidate for Mayor of Tbilisi in violation of the requirements of the electoral legislation of Georgia, and in addition, if individual candidates entered into the party list fail to meet the requirements established by the Constitution of Georgia and other legislative acts of Georgia, or these requirements were met in violation of the procedure determined by the legislation of Georgia;
c) a party with the electoral registration and running in elections, a representative of an initiative group of voters to an appropriate DEC (during elections of a municipality representative body Sakrebulo), and at least 2 persons with the status of observer (that were appointed as observers to a DEC), if they believe that the DEC chairperson registered a party list, individual candidates nominated under the majoritarian system or entered into the party list, or candidates for Mayor of a self-governing city (except for Tbilisi city)/a self-governing community in violation of the requirements of the electoral legislation of Georgia, and in addition, if individual candidates nominated under the majoritarian system or entered into the party list fail to meet the requirements established by the Constitution of Georgia and other legislative acts of Georgia, or these requirements were met in violation of the procedure established by the legislation of Georgia.
12. The following entities shall have the right to file a claim with the court concerning the CEC ordinance for registration of domestic and international observer organisations: the aforementioned organisation if the CEC failed to register it, a party with the electoral registration, and a registered organisation with the status of observer, if they believe 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 claim with the court concerning a DEC ordinance for registration of a domestic observer organisation: the aforementioned organisation if the CEC failed to register it, a representative to the DEC of a party with the electoral registration/of a registered initiative group of voters, a registered organisation with the status of observer, if they believe 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 claim with the court due to the ordinance by the CEC/DEC secretary on accreditation of representatives of the press and other media: a representative of the press and other media, whose application for accreditation was not satisfied by the election commission; a party with the electoral registration/a representative of an initiative group of voters to an appropriate election commission, or an organisation with the status of observer.
15. The following entities may file a claim with the court due to the actions under Article 47(1) of this Law:
a) a party, an organisation with the status of observer, an election commission, if the claim concerns the violation of the above procedure by a party or a candidate for Mayor of Tbilisi;
b) a party, a representative of an initiative group of voters to an appropriate DEC (during elections of a municipality representative body Sakrebulo), a majoritarian candidate, a candidate for Mayor, an organisation with the status of observer, an election commission, if the claim concerns the violation of the above procedure by a 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 regarding the issue under 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.
161. (Deleted – 12.6.2015, No 3695).
17. If the provisions of Article 48 of this Law are violated, the following entities may file a claim with the court due to an ordinance of an election commission chairperson: a party or an initiative group of voters nominating a candidate, the candidate with regard to whom the ordinance was issued, a representative to the CEC of any other party with electoral registration, 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 election 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 the electoral registration, initiative group of voters or their representative to an appropriate 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 initiative group of voters or their representative to an appropriate DEC, a majoritarian candidate, a candidate for Mayor 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 entities may file a claim with the court due to a CEC ordinance on declaring elections valid or invalid: a party running in elections, a representative of an initiative group of voters to a DEC (in the case of an electoral district), a majoritarian candidate, a candidate for Mayor 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 claim with the court due to a respective CEC ordinance on the appeal: a party running in elections, a representative of an initiative group of voters to a DEC, a majoritarian candidate, a Mayoral candidate of a self-governing city/self-governing community, and an organisation with the status of observer.
24. The following entities may file a claim with the court due to a CEC summary protocol of election results: a party running in elections, a candidate for Mayor of Tbilisi, a majoritarian candidate (during elections of Tbilisi municipality Sakrebulo), 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
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
