Early termination of term of office of a member/head of the election commission”.
1. The term of office of a chairperson/member of the Central Election Commission is terminated prior to its expiration by the resolution of Parliament of Georgia; of District or Precinct election commission member – upon the decree of the higher election commission. The term of office of a Deputy Chairperson and secretary of the CEC, also chairmen, deputy chairmen and secretaries of the District and Precinct election commissions is terminated prior to its expiration upon Decree of relevant election commission.
a) Upon resignation from office:
a.a) Upon resignation of the CEC chairperson - an application about termination of term of office of the CEC member is submitted to the parliament of Georgia.
a.b) An application about the resignation of the deputy chairperson/secretary of the CEC is submitted to the CEC;
a.c) An application about the resignation of the chairperson/deputy chairperson/secretary of the DEC or PEC is submitted to the relevant election commission;
a.d) An application about termination of term of office of DEC or PEC member, is submitted to the higher election commission;
b) If a commission member has failed to suspend inconsistent activity and/or office during 7 days from the day of his/her election.
c) If a commission member has occupied an office incompatible with his/her status determined under this law;
d) If the fact is revealed that a commission member is engaged in the activity inconsistent with his/her status;
e) If it is revealed that the data contained in the statements, decisions and their supplements indicated in paragraph 6 of Article 28, paragraph 7 of Article 33, paragraph 9 of Article 37 of this Law are found incorrect – from the date such fact is revealed;
f) If the duties of CEC chairperson/member has not been performed during 2 months successively or upon failure to attend 3 commission sessions in a row, without a valid excuse.
g) In the existence of a court judgement of guilty or if the violation of election legislation by a commission member has been proved by the court – from the day the judgement becomes effective;
h) Upon banning or liquidation of a party (unless the liquidation was due to an association with the party which had not been entitled to nominate a commission member; in such case, the associated party shall be considered as the liquidated party's successor) which has appointed a commission member – from the date the court decision on the party liquidation becomes effective, or from the day the liquidation decision is made – upon liquidation;
i) Upon recall of a member of the Precinct Election Commission by the appointing party – from the day the statement of recall is submitted to the relevant DEC;
j) If the status of a commission member, as of an elector, has been revoked.
k) Upon regular or gross violation of the Election Code, election administration regulations, or upon existence of any relevant ground stipulated by the law of Georgia “About Civil Service”.
2. It is prohibited to withdraw the issue of dismissal of a chairperson/deputy chairperson/secretary of election commission with one and the same ground, as well as pre-term termination of term of office for an election commission member, two times successively during 6 months.
3. In case of existence of one of the grounds provided under paragraph 1 of this Article, after the resignation of election commission chairperson/deputy chairperson, secretary, the issue of early termination of the office of the election commission member shall be discussed and decided by the Parliament of Georgia within 15 days or authorized election commission within 5 days. The decision shall be made same way as they were elected.
4. If the application about the resignation/termination of the office is not satisfied within the terms established under this article, election commission chairperson/deputy chairperson/secretary shall be considered resigned, term of office shall be terminated on the next day after this deadline.
5. The recall of a PEC member during the last 7 days prior to Election Day is prohibited.
