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Article 37
 

Appointment/Election of a Member of a Precinct Election Commission

      “1. The district election commission shall appoint 3 members of the precinct election commission no earlier the 50th and no later the 46th day prior to the election day; in exceptional case - no earlier the 10th day and no later the 9th day prior to the Election Day.

      2. The CEC shall appoint 3 members of precinct election commission established in a foreign country no earlier the 24th and no later the 20th day prior to the Election Day.

      3. The decision of authorized party about appointment of precinct election commission member as provided by paragraph 4 of Article 36 of this law, shall be submitted to the relevant district election commission no earlier the 60th and no later the 46th day prior to election day; commissions established in exceptional cases -  no earlier the 14th and no later the 9th day prior to election day; commissions established in another country – to the CEC, after establishing the election precinct, no later the 20th day prior to election day.

      4. The list of precinct election commission members shall be published by relevant district election commission no later the 35th day prior to election day,  commissions established in exceptional cases – no later the 5th day prior to election day, commissions established in another country –  by the CEC, no later the 10th day prior to election day.

      5. In case by the 45th day prior to election day, for the commissions established in exceptional cases – by the 8th day prior to election day, and for commissions established in another country –  by the 19th day prior to election day, the number of PEC members is less than the required number, then the right to elect the commission members within 3 days shall be vested in the superior district election commission (for the first two cases) and CEC (for the third case).

      6. The decision of any authorized party to recall a PEC member and appoint a successor shall be submitted to the relevant PEC and higher level DEC and, in the case of commissions established in another country - to the CEC.

      7.  If after the pre-term termination of the terms of office of any commission member, the party having the right to appoint his/her legal successor does not apply this right, as well as  if the terms of office of the commission member elected by the district election commission or by CEC were terminated before expiration of his/her terms of office, and for this reason the number of commission members is less than the required number, then the right to appoint/elect a new member of the commission within 5 days following expiration of the term for nomination of a new candidate for filling up its composition shall be vested in the district election commission or Central Elections Commission, accordingly. 

      8. The members of precinct election commission shall be elected by the district election commission and CEC by roll-call vote. Each candidate shall be voted separately. A person shall be deemed as elected if voted pro by the majority of the full commission. If the number of those persons exceeds the number required for the elected members, the candidates who have gathered more votes among them shall be elected. If for the equity of votes for some candidates the winner is not revealed, those candidates shall be immediately voted again for revelation of the winner among them. If the winner is still not revealed, the winner shall be determined by casting of lots. If all vacancies are not filled up as a result of the voting, the procedure of nomination of candidates shall commence from the beginning.

      9. The decision on appointment/election of a commission member shall specify the name and surname of the elected/appointed commission member and the number of the PEC to which such person was elected/appointed. The decision made by a party on the appointment of a commission member shall be enclosed with:

      a) Information on education (higher, secondary), qualification, academic degree (if any), place of residence (according to the Georgian Citizens Identity Card and registration card) of the person elected/appointed as a commission member, as well as the election district and election precinct where such member is registered as a voter, place of employment and the position  held by such member; contact address  and telephone number (if any);

            b) Copy of Citizens Identity (registration) Card;

    c) The application signed by the above mentioned person indicating that she/he agrees to be election commission member and meets the requirements of paragraph 5, Article 18 of this Law;

       d) Copy of the certificate of Election Administration Officer.

      10. Nominated parson shall not be considered as a member of a PEC if the date for submission of documents as specified under this Article is not complied with, or the submitted documents are incomplete or incorrect and the inconsistencies found in the documents have not been corrected within the term established under this paragraph. If the submitted documents fail to meet the requirements prescribed under this Article, the Chairperson of the DEC or CEC (as appropriate), shall, within 2 days, give notice to that effect (specifying any such inconsistencies) to the authority appointing/electing such commission member. The documents with all inconsistencies corrected shall be submitted to the DEC or CEC (as appropriate) within 3 days.