Election Code of Georgia
Text of the document
📑 Contents (192 articles)
Election Code of Georgia
Organic Law of Georgia
Election Code of Georgia
Article 1. Scope of Regulation of the Law🔗
This Law regulates the relations related to the preparation and conduct of the elections of the President of Georgia, the Parliament of Georgia, the representative body of a municipality – the Sakrebulo, the executive body of a municipality – the Mayor, referendum and plebiscite, establishes the rights, obligations and guarantees of participants in elections, the procedure for ensuring the legality and transparency of election/referendum campaign expenses, the procedure and powers for the establishment of the election administration of Georgia, as well as, in cases provided for by this Law, the procedure for hearing a dispute and imposing liability.
Article 2. Definition of terms🔗
For the purposes of this Law, the terms used therein have the following meaning:
a) elections – an electoral process held within the state borders of Georgia, the purpose and result of which is the election of representative bodies of public authority and officials of public authority;
b) referendum – a general popular consultation held within the state borders of Georgia, by secret ballot, for the purpose of universal, equal and direct expression of will, in order to finally decide particularly important state issues;
c) plebiscite – a general popular consultation held within the state borders of Georgia, by secret ballot, in order to ascertain the opinion of voters or of a part thereof on particularly important state issues, and the results of which are of a recommendatory nature for state authority bodies;
d) elections held under the proportional electoral system – elections of the Parliament of Georgia, elections of the representative body of a municipality – the Sakrebulo, held on the basis of party lists;
e) elections held under the majoritarian electoral system – elections of the representative body of a municipality – the Sakrebulo, held according to single-mandate majoritarian electoral districts;
f) general elections – ordinary elections or extraordinary elections:
f.a) ordinary elections – elections held due to the expiry of the term of office of a representative body of public authority or of an official of public authority, within the terms established by the Constitution of Georgia, this Law, the Constitutions of the Autonomous Republics of Abkhazia and Adjara and the respective laws;
f.b) extraordinary elections – elections held due to the early termination of the term of office of a representative body of public authority or of an official of public authority;
g) interim elections – elections held in the respective local majoritarian electoral district under the majoritarian electoral system, in accordance with the procedure established by this Law, in order to fill the composition of the representative body of a municipality – the Sakrebulo;
h) repeat elections – elections held again in accordance with the procedure established for ordinary elections:
h.a) if in elections held under the majoritarian electoral system one candidate was registered and his candidature was withdrawn in accordance with the procedure established by this Law;
h.b) if in elections held under the proportional electoral system none of the electoral subjects participating was able to overcome the electoral threshold or the elections were declared not held in more than half of the electoral districts;
h.c) if the election results were declared invalid by a court judgment;
i) repeat voting – voting held again in the cases provided for by this Law at the polling station (stations) where the voting result was declared invalid;
j) second round of elections – voting held within the cases and terms determined by this Law, when no winner was identified in the first round of elections;
k) Election (voting) day – the day of general elections, interim elections, repeat elections, as well as the day of the second round of elections, re-voting;
l) election period/referendum period − the period of time from the day of entry into force of the legal act issued on the calling of elections/referendum until the day of publication by the respective election commission of the summary protocol of the final results of the elections/referendum, inclusive;
m) electoral right – active electoral right and passive electoral right;
n) active electoral right – the right of a citizen of Georgia, by voting, to participate in general elections held to elect people's representatives to a representative body of public authority and to hold a position in public authority, as well as to participate in a referendum to decide the issue put to a plebiscite;
o) passive electoral right – the right of a citizen of Georgia to stand as a candidate for election to a representative body of public authority and to hold a position in public authority;
p) votes of participants in elections/referendum − the number of voters' votes, which is determined by the sum of valid ballot papers in the ballot box(es) and does not include votes received by ballot papers declared invalid;
q) Election Administration of Georgia – the Central Election Commission of Georgia (hereinafter − CEC) and its apparatus, the Supreme Election Commissions of the Autonomous Republics of Abkhazia and Adjara (hereinafter − SEC) and their apparatuses, district election commissions and precinct election commissions;
r) civil servant of the election administration – a member of an election commission and an employee of the apparatus;
s) representative body of a municipality – the sakrebulo; the sakrebulo of the municipality of the city of Tbilisi, the sakrebulo of a self-governing community, the sakrebulo of a self-governing city;
t) executive body of a municipality – the mayor;
u) political official – the President of Georgia, a member of the Parliament of Georgia, the Prime Minister of Georgia, another member of the Government of Georgia, his/her deputy, a member of the supreme representative body of the Autonomous Republic of Abkhazia/Adjara, the head of the Government of the Autonomous Republic of Abkhazia/Adjara, a member of the representative body of a municipality − the sakrebulo, the executive body of a municipality − the mayor, the State Representative;
v) election registration – registration by the chairperson of the respective election commission of parties, initiative groups of voters, party lists, mayoral candidates and majoritarian candidates for the purpose of obtaining the right to participate in elections, registration by the CEC of candidates for the presidency of Georgia for the purpose of obtaining the right to participate in elections;
w) candidate for electoral subjecthood – a person who has been nominated to the respective election commission for registration for the purpose of participating in elections;
x) Electoral subject – a party registered by the chairperson of the relevant election commission, an initiative group of voters, a candidate for membership of a representative body of public authority, a candidate to be elected to a position in public authority;
y) Party – a political union of citizens operating in accordance with the Organic Law of Georgia "On Political Unions of Citizens", which is registered by the chairperson of the CEC for the purpose of participating in elections;
z) Electoral college − a special body consisting of 300 members, established for the purpose of electing the President of Georgia, whose composition is approved by an ordinance of the CEC;
aa) Initiative group of voters − a group of voters consisting of not less than 5 members, which is registered by the chairperson of the relevant election commission for the purpose of participating in elections;
bb) Candidate for the Presidency of Georgia – a citizen of Georgia registered by the CEC for the purpose of participating in the election of the President of Georgia, nominated by not less than 30 members of the electoral college;
cc) Candidate for mayor – a citizen of Georgia registered by the chairperson of the relevant election commission for the purpose of participating in the election of the executive body of the municipality − the mayor, a citizen of Georgia nominated by a party/initiative group of voters;
dd) Candidate nominated by a party list – a citizen of Georgia included in the party list registered by the chairperson of the relevant election commission for the purpose of participating in the elections to the Parliament of Georgia, the representative body of the municipality – the Sakrebulo;
ee) Majoritarian candidate – a citizen of Georgia registered by the chairperson of the relevant election commission for the purpose of participating in the elections to the representative body of the municipality – the Sakrebulo, nominated by a party/initiative group of voters in an election district;
ff) Election district – the area of operation (administrative election unit) in which the organisation of elections and a referendum takes place and in which elections and a referendum are held;
gg) Local majoritarian election district – a single-mandate election district which is created for the election of members of the representative body of the municipality – the Sakrebulo by the majoritarian election system;
gg¹) Election precinct – an administrative election unit which is created in accordance with the procedure established by the legislation of Georgia for voting and counting of votes during the holding of elections and a referendum;
gg²) Polling building – a building or part of a building in which the polling room of the precinct election commission is located;
gg³) Pre-election campaign – a set of activities conducted by an electoral subject/candidate for electoral subject status for the purpose of participating in and winning the elections;
gg⁴) Pre-election agitation – an appeal to voters in support of or against an electoral subject/candidate for electoral subject status, as well as any public action that promotes or hinders his/her election and/or that contains signs of a pre-election campaign, including participation in organizing/holding a pre-election event, storage or distribution of election materials, working on lists of supporters, being in party representations;
gg⁵) Political/pre-election advertising – advertising of such content disseminated (broadcast) through mass media (hereinafter – media) that aims to promote/hinder the election of an electoral subject, in which an electoral subject and/or its ordinal number of participation in elections is shown, and which contains signs of a pre-election campaign, or an appeal in favor of or against the resolution of an issue put to a referendum/plebiscite;
gg⁶) Election/referendum campaign expenses – the aggregate of funds allocated for the election/referendum campaign of an electoral subject/participant in a referendum, as well as all types of goods and services received free of charge (reflected at market prices), except for the value of free advertising time received in accordance with the procedure established by this Law;
gg⁷) Information related to election/referendum campaign expenses – information on election/referendum campaign expenses, all types of goods and services received free of charge, the source, amount and date of receipt of an election donation;
gg⁸) Election donation – a monetary amount credited to the account of the respective electoral subject during the election/referendum campaign, as well as all types of material valuables and services received free of charge, except for the value of free airtime received in accordance with the procedure established by this Law and, in cases provided for by law, the amount allocated by the State;
gg⁹) Election documentation – incoming and outgoing application, complaint, letter, protocol, ballot paper, special envelope, legal act of the election administration of Georgia, control sheet, registration journal, voter list, explanation of a member of the election commission;
gg¹⁰) Agitation material – a poster, flag, any other material on which an electoral subject/candidate for electoral subject status and/or its ordinal number of participation in elections is depicted;
gg¹¹) Photocopy – a copy made by a copying device;
gg¹²) Agency – a Legal Entity of Public Law operating in the area of governance of the Ministry of Justice of Georgia – the State Services Development Agency;
gg¹³) Recipient of support – a person defined by paragraphs 4 and 5 of Article 12 of the Civil Code of Georgia.
Article 3. Basic Principles of Holding Elections, Referendum and Plebiscite🔗
The basic principles of holding elections, referendum and plebiscite in Georgia are:
a) Universal right to participate in elections, referendum and plebiscite:
a.a) Every citizen of Georgia who has reached the age of 18 before the day of elections, referendum or plebiscite or reaches that age on that day and who meets the conditions established by this Law has the active electoral right, except for persons whose active electoral right is restricted by the Constitution of Georgia and/or, in accordance with it, by this Law;
a.b) Every citizen of Georgia who meets the conditions established by this Law has the passive electoral right, except for persons whose passive electoral right is restricted by the Constitution of Georgia, this Law, the Law of Georgia “On Combating Drug Crime” and the Law of Georgia “On Combating Crimes Against Sexual Freedom and Inviolability”;
a.c) A citizen of Georgia who, by a court sentence, is in a penitentiary institution for committing an especially grave crime, or who, by a court judgment, is recognized as a recipient of support and is placed in an appropriate inpatient medical institution, does not have the right to participate in elections, referendum and plebiscite;
b) Equal electoral right:
b.a) Voters participate in elections, referendum and plebiscite on an equal basis;
b.b) All voters of the same electoral district have an equal number of votes;
c) Direct electoral right:
c.a) Elections in Georgia are direct;
c.b) Voters directly elect a member of the Parliament of Georgia, a member of the council of a self-governing city/self-governing community, and the mayor of a self-governing city/self-governing community;
d) Election of the President of Georgia by the Electoral College without debate, by open ballot;
e) Secrecy of voting and free expression of the voter’s will:
e.a) Elections in Georgia (except for the election of the President of Georgia), referendum and plebiscite are held by secret ballot;
e.b) Coercion of a voter, intimidation and violation of the secrecy of voting are prohibited. The said act entails the imposition of criminal liability on the violator.
Article 4. Publicity of Elections and the Activities of the Election Administration of Georgia🔗
1. In accordance with the procedure established by this Law and proceeding from its purposes, the Election Administration of Georgia, electoral subjects, state authorities and municipal bodies shall carry out their activities openly and publicly.
2. Election documentation shall be accessible to everyone, except for cases provided for by the legislation of Georgia.
3. The election commission shall be obliged to provide election documentation and information about elections to all interested persons within 2 days from their request, and if the issuance of said information requires more time – in accordance with the procedure established by the General Administrative Code of Georgia. In the case of requesting copies of election documentation and information about elections, the amount of the fee and the payment procedure shall be regulated in accordance with the legislation of Georgia.
4. A meeting of the election commission shall be open. Only members of the superior election commission and representatives of the commission, employees of the apparatuses of the relevant and superior election commissions, media representatives accredited to the relevant commission, one representative of each electoral subject in the relevant commission, one observer of each local observer organization registered in the relevant commission, and no more than 2 observers of an international organization registered with the CEC, together with an interpreter, shall have the right to attend it.
5. The right to be present in the polling building shall be held by:
a) members of the CEC, district and precinct election commissions;
b) representatives of the CEC and district election commissions;
c) a representative of an electoral subject registered in the relevant precinct election commission;
d) representatives of the press and other mass media registered in the relevant election commission;
e) observers.
6. A person entitled to be present in the polling building, except for the voting booth, as well as a person entitled to attend a meeting of the election commission, may carry out photo-video recording without obstructing the election process/operation of the election commission meeting and without audio monitoring. It shall be prohibited to photo-video record or otherwise process information (data) which, in accordance with this Law, does not qualify as public information, except for the case when such photo-video recording or processing is provided for by this Law. To ensure the secrecy of voting, photo-video recording in the voting booth shall be prohibited.
Article 5. Calculation of time limits established by this Law🔗
1. All time limits established by this Law during an election period, including the time limits for applying to court and for a court to adopt a judgment, mean calendar days (including public holidays and days of rest established by the labour legislation of Georgia).
2. The words − "within N days from the given day", "within a time limit of N days from the given day", "not earlier than/not later than N days from the given day", "not earlier than/not later than the N-th/N-th day from the given day" − mean the calculation of days from the day following the indicated day.
3. The words − "N days before the given day", "not earlier than/not later than N days before the given day", "not earlier than/not later than the N-th/N-th day before the given day" − mean the calculation of days from the day preceding the indicated day.
4. The initial time limits for measures and procedures for the elections/referendum to be held shall be calculated from the day of entry into force of the legal act on the scheduling of the elections/referendum, unless otherwise provided by this Law.
Article 6. Day of elections/referendum/plebiscite🔗
1. The next elections of the Parliament of Georgia, the next elections of the representative body of a municipality − the Sakrebulo − and of the mayor of a self-governing city/self-governing community shall be held only on the day determined by the Constitution of Georgia and this Law.
2. In addition to the elections provided for by paragraph 1 of this Article, other elections/referendum/plebiscite may be held on any day of the week.
3. The day of general elections/referendum/plebiscite is a public holiday. The day of the second round of elections/interim elections/extraordinary elections of the representative body of a municipality − the Sakrebulo/extraordinary elections of the executive body of a municipality − the mayor is a public holiday only in the territory of operation of the respective election district (districts).
Article 7. Status, System and Composition of the Electoral Administration of Georgia🔗
1. The Electoral Administration of Georgia is an independent administrative body which, within the scope of its powers, is independent of other state bodies and is established in accordance with this Law. The powers and the procedure for the establishment of the Electoral Administration of Georgia shall be determined by this Law.
2. The Electoral Administration of Georgia shall consist of:
a) the CEC and its apparatus;
b) the Supreme Election Commissions and their apparatuses;
c) district election commissions;
d) precinct election commissions.
3. The highest body of the Electoral Administration of Georgia is the CEC, which, within the scope of its powers, shall direct and control the election commissions of all levels and shall ensure the uniform application of the election legislation of Georgia throughout the entire territory of Georgia.
4. If general elections and elections to the Supreme Council of the Autonomous Republic of Adjara are held simultaneously, the functions of the district and precinct election commissions shall be performed by the district and precinct election commissions formed for the general elections.
5. The Law of Georgia on Public Service shall apply to the employees of the apparatuses of the CEC and the SECs (except for persons employed under an employment contract).
Article 8. Rules of work of the election commission🔗
1. The rules of work of the election commission shall be determined by this Law and the respective regulations of the election commission, which shall be adopted by the CEC by resolution.
2. A session of the election commission shall be convened by the chairperson of the commission or at the request of their deputy.
3. A session of the election commission shall be competent if it is attended by a majority of the full composition of the election commission.
4. The full composition of the election commission is the sum of the number of members of the commission elected in accordance with this Law and the number of members of the commission appointed by those parties which, in accordance with the same Law, have acquired the right to appoint a member of the election commission.
5. A decision of the election commission shall be considered adopted if it is supported by a majority of those attending the session of the commission (unless a higher quorum is established by this Law), but by not less than one third of the full composition of the election commission. The election commission shall adopt decisions relating to the annulment of decisions taken by lower election commissions, including the results of an election district/election precinct, the opening of packages received from the precinct election commission and the recounting of ballot papers, by not less than two thirds of those attending the session.
6. If the CEC, as a result of voting at its session, has failed to adopt the decision for the adoption of which the support of not less than two thirds of the full composition of the CEC is required, the said decision of the CEC shall be put to a repeated vote at the same session. In this case, the said decision of the CEC shall be considered adopted if it is supported by a majority of the full composition of the CEC.
7. In the case of an equal division of votes, the vote of the chairperson of the session of the election commission shall be decisive.
8. At a session of the election commission, a personnel matter shall be decided by a majority of the full composition of the commission, unless otherwise provided by this Law.
9. At a session of the election commission, minutes shall be drawn up, which shall be signed by the chairperson of the session and the secretary of the election commission.
10. The minutes of a session of the election commission shall be drawn up within 1 day of the session.
11. A member of the election commission who does not agree with a decision of the commission shall have the right to express a dissenting opinion in writing, which shall be attached to the minutes. At the same time, a member holding a dissenting opinion shall be obliged to respect and obey the decision taken by the election commission. They shall not have the right, by their action/inaction, to hinder the enforcement of this decision.
12. The election commission shall carry out the receipt, issuance and registration of election documentation until 18:00 of a working day, except for the cases provided for by this Law.
13. Upon receipt of an application/complaint, the date and time of its receipt shall be noted in the registration journal of the election commission and in the notice handed to the applicant/complainant. The election commission shall consider the application/complaint and adopt an appropriate decision.
14. The receipt of any document from the election commission shall be confirmed by the applicant by signature in the registration journal.
15. In the event of obstruction of the work of an election commission and disturbance of order, the decision on the removal of the offender (including a member of the commission) from the sitting of the election commission shall be taken by the commission, which shall be recorded in the minutes of the sitting. The removal of the offender from the sitting of the election commission also implies his/her removal from the building of the election commission/polling building. The decision on the removal of the offender from the building of the election commission shall be taken by order of the chairperson of the respective commission. In the event of obstruction of the work of an election commission and disturbance of order, the decision on the removal of the offender from the building of the administration shall be taken by order of the chairperson of the commission, while during the course of a sitting of the commission the decision on the removal of the offender from the sitting shall be taken by the commission, which shall be recorded in the minutes of the sitting.
16. If, where a decision on the removal of a person from a sitting of an election commission, from the building of the commission, or from the polling building is taken in accordance with the procedure established by this Law, that person does not voluntarily comply with the said decision, the chairperson of the commission shall apply to the police. The police shall be obliged to immediately enforce the decision on the removal of the person.
17. A member of an election commission shall be obliged, from the day of his/her appointment (election) as a member of the respective commission, to participate in its activities.
18. A member of a precinct election commission shall be obliged to participate in the trainings organised by the Election Administration of Georgia/Legal Entity of Public Law − the Centre for Electoral Systems Development, Reforms and Training.
19. A member of a district/precinct election commission shall be obliged to sign the summary protocol of the results of the polling or elections, and if he/she does not agree with the data entered in the protocol, he/she shall be entitled to indicate this in the relevant box of the summary protocol of the results of the polling or elections and to attach a dissenting opinion in writing to the protocol. A member of a district/precinct election commission, even in the case of expressing a dissenting opinion, shall be obliged to sign the summary protocol of the results of the polling in the relevant box designated for the signature of a member of the commission.
20. A member of an election commission is not a representative of the entity that appointed/elected him/her. He/she shall be independent in his/her activities and shall be subject only to the Constitution of Georgia, the law and the relevant subordinate legislative acts. Influencing a member of an election commission or interfering in his/her activities with the aim of influencing the taking of a decision shall be prohibited and shall be punishable by law.
21. If the chairperson and the deputy chairperson of an election commission are simultaneously, or the secretary of the commission is temporarily, unable (is unable) to perform the duties defined by this law, and under the same law, at that time an action must be performed which falls within the special authority of the chairperson or the secretary of the commission, the commission shall, from its composition, immediately elect, in accordance with the procedure established by this law for the election of the respective officials, an acting chairperson or an acting secretary of the commission. The authority of the acting chairperson of the commission shall terminate as soon as the chairperson or the deputy chairperson of the commission is able to exercise his/her authority, and the authority of the acting secretary of the commission shall terminate as soon as the secretary of the commission is able to exercise his/her authority.
22. If an election commission has neither a chairperson nor a deputy chairperson, the secretary of the commission shall convene the commission session for the election of the chairperson of the commission and shall preside until his/her election, and if the commission also has no secretary, the eldest member of the commission shall convene the commission session and shall preside until the election of the chairperson of the commission.
23. In the absence of the Chairperson of the CEC, the authority of the Chairperson of the CEC shall be exercised by the Deputy Chairperson of the CEC. In the case of the simultaneous absence of the Chairperson of the CEC and the Deputy Chairperson of the CEC, the authority of the Chairperson of the CEC shall be exercised by the Secretary of the CEC. The Chairperson of the CEC has the right to assign the Deputy Chairperson of the CEC or the Secretary of the CEC to exercise the authority of the Chairperson of the CEC. In the absence of the chairperson of another election commission, or upon the assignment of the chairperson of that election commission, the authority of the chairperson of the said election commission shall be exercised by the deputy chairperson of the same election commission.
24. Party activity shall be restricted for a civil servant of the election administration (except for a member of the commission appointed by a party in accordance with the procedure established by this law).
Article 9. Cooperation of the Election Administration of Georgia and other state agencies🔗
1. The Election Administration of Georgia and other state agencies shall cooperate with each other on the basis of this Law and other legislative acts, within the powers conferred on them by legislation.
2. Other state agencies shall be obliged to transfer to the Election Administration of Georgia the information (data) provided for by this Law, within the time limits provided for by this Law.
3. At the moment of registration of a local observer organization/accreditation of the press or other mass media/registration of a party, for the purpose of verifying/confirming the authenticity of the data of the extract issued by the Legal Entity of Public Law operating in the field of governance of the Ministry of Justice of Georgia — the National Agency of Public Registry — and of the requirements provided for by this Law, the Agency shall provide the CEC with access to the relevant electronic databases and the possibility of verification.
4. For the purpose of verifying information about party donors, the State Audit Office shall provide the CEC with proper access to the electronic database on party donors and the possibility of verification.
5. State authorities, municipal bodies, legal entities of public law (except membership-based and religious associations) and organizations established with more than 50 percent share participation of state and municipal bodies shall transfer, temporarily and free of charge, to election commissions the buildings and inventory necessary for the preparation and conduct of elections. At the same time, these bodies shall be obliged to cover the utility expenses of the transferred buildings. Where an appropriate building exists, such a building shall be allocated for the election precinct as will be accessible to all voters, and in the absence of such a building, the building allocated for the election precinct shall, where this is possible, be adapted by the transferring body for the day of voting in order to ensure accessibility for all voters.
Article 10. Legal Acts of the Election Administration of Georgia🔗
1. The legal acts of the Election Administration of Georgia are:
a) CEC resolution and ordinance, CEC chairperson's order and ordinance, CEC secretary's ordinance, CEC summary protocol of election results;
b) District Election Commission ordinance, District Election Commission chairperson's order and ordinance, District Election Commission secretary's ordinance, District Election Commission summary protocols of voting and election results;
c) Precinct Election Commission ordinance, Precinct Election Commission chairperson's ordinance, Precinct Election Commission summary protocol of voting results.
2. A CEC resolution is a subordinate normative act, which may be adopted only in cases directly determined by law. A resolution may also be adopted in an exceptional case, from the start of elections until their completion, if it becomes necessary to resolve issues not determined by this law and necessary for conducting elections. By resolution, an instruction describing individual election procedures may also be adopted, which must not contain a norm different from or new to that established by this law and may contain only a detailed description of the procedure established by this law.
3. It is prohibited to adopt a CEC resolution during the last 4 days before the voting day.
4. A CEC resolution shall be considered adopted if it is supported by not less than two thirds of the full composition of the CEC, unless otherwise provided by this law. The CEC resolution shall be signed by the chairperson of the relevant CEC session and the CEC secretary.
5. A CEC resolution shall enter into force upon publication in the "Legislative Herald of Georgia", unless a later date is determined by the same resolution. A CEC resolution may be appealed from the moment of adoption. A CEC resolution shall be posted on the official website of the CEC within 24 hours after adoption.
6. The ordinances of the election commission, its chairperson and the commission secretary, and the summary protocols of voting/election results are individual administrative-legal acts, which are adopted/issued in the cases and within the scope determined by this law and a CEC resolution. The ordinance of the election commission shall be signed by the chairperson of the relevant session of the commission and the commission secretary, while another ordinance shall be signed by the person issuing it. The summary protocols shall be signed by the authorized persons determined by this law. If this law does not establish another quorum, the ordinance of the election commission shall be considered adopted if it is supported by the majority of those present at the commission session, but not less than one third of the full composition of the commission.
7. The order of the chairperson of the CEC/District Election Commission is an individual legal act, which is issued in connection with internal agency matters, including personnel matters.
8. Execution of decisions adopted by the CEC, district and precinct election commissions and their officials within the scope of their powers shall be mandatory throughout the entire territory of Georgia, the election district and the election precinct, respectively.
Article 11. Remuneration of civil servants of the election administration of Georgia, social benefits and incompatibility with office🔗
1. During the election period (except for the period of interim elections)/referendum period, members and chairpersons of the CEC and district election commissions, as well as employees of the CEC apparatus and of the Legal Entity of Public Law − the Election Systems Development, Reform and Training Centre, shall be paid double the amount of the official salary.
2. The double amount of the official salary provided for by paragraph 1 of this Article shall, during the period of interim elections, be paid only to members and chairpersons of the CEC, to employees of the CEC apparatus determined by order of the Chairperson of the CEC, and to members and chairpersons of the district election commission of the election district where interim elections are held.
3. Members and chairpersons of a precinct election commission shall, from the 30th day before election day until the drawing up of the summary protocols of the election results by the superior district election commission, be paid remuneration from the funds allocated for holding the elections.
4. The amount of remuneration of chairpersons and members of the CEC, district and precinct election commissions and of employees of the CEC apparatus shall be determined by the CEC in accordance with the Law of Georgia on Remuneration in Public Institutions.
5. During the election period, members and chairpersons of the CEC and district election commissions, as well as employees of the CEC apparatus and of the Legal Entity of Public Law − the Election Systems Development, Reform and Training Centre, may be given a monetary award and/or salary supplement, to which the maximum amount of the monetary award and/or salary supplement to be given during the year, provided for by the Law of Georgia on Remuneration in Public Institutions, shall not apply.
6. The activity and/or remuneration of a member of a temporary/special group provided for by this law, of a temporary member of a district election commission, of a member of the support or technical staff of a district election commission, or of a member of a precinct election commission may not become grounds for hindering, suspending or terminating his/her registration in the Unified Database of Socially Vulnerable Families, grounds for hindering the provision to him/her of social assistance, a social benefit and/or a state benefit provided for by the legislation of Georgia, grounds for hindering the extension to him/her of a social allowance determined by the legislation of Georgia, grounds for reducing, suspending or terminating the said social assistance, social benefit, state benefit and/or social allowance for him/her, and/or grounds for hindering, suspending or terminating his/her participation in the state programme for the promotion of employment provided for by the legislation of Georgia and/or in a subprogramme of this programme. The remuneration of a member of a temporary/special group provided for by this law, of a temporary member of a district election commission, of a member of the support or technical staff of a district election commission, or of a member of a precinct election commission shall not be counted as income which may have an effect to his/her detriment on his/her registration in the Unified Database of Socially Vulnerable Families, on the provision to him/her of the above-mentioned social assistance, social benefit and/or state benefit, on the extension to him/her of the above-mentioned social allowance, and/or on his/her participation in the above-mentioned state programme and/or in a subprogramme of this programme.
7. During the election period, the remuneration, for the same period, of employees of the apparatuses of the CEC and the SEC, of a Legal Entity of Public Law — the Center for Electoral Systems Development, Reforms and Training, of the support and technical staff of a district election commission, of temporary members of a district election commission and of members of a precinct election commission, as well as the remuneration of members of a temporary/special group provided for by this law, shall not be subject to the payment of pension contributions determined by the Law of Georgia on Accumulative Pension.
8. During the election period, persons provided for by the Law of Georgia on Combating Corruption (except for persons provided for by subparagraphs „f“–„m“ of paragraph 10 of Article 26 of this law) have the right to perform, concurrently, without the written consent of the head of the respective institution or of a person/body authorised as determined by the legislation of Georgia, the remunerated work of a person employed under an employment contract in the CEC apparatus, of a member of the support and technical staff of a district election commission, of a temporary member of a district election commission, of a member of a precinct election commission, or of a member of a special group.
Article 12. Disciplinary liability measures for members of district and precinct election commissions🔗
1. Disciplinary misconduct of members of district and precinct election commissions is:
a) culpable non-performance or improper performance of official duty;
b) causing property damage to the Georgian election administration or culpably creating a risk of such damage;
c) failure to appear at work without a valid reason;
d) missing sessions of the respective election commission 3 consecutive times without a valid reason;
e) gross violation of Georgian election legislation and the regulations of the respective election commission;
f) refusal to mandatorily sign the summary protocol of voting and election results;
g) failure to attend, without a valid reason, trainings organized by the Georgian election administration/Legal Entity of Public Law – the Centre for Development, Reform and Training of Election Systems;
h) disregard or violation of ethical norms, general rules of conduct, aimed at discrediting a civil servant of the Georgian election administration and the Georgian election administration, regardless of whether it was committed at work or outside work.
2. For committing a disciplinary misconduct, the respective superior election commission may apply the following disciplinary liability measures to a member of a district or precinct election commission:
a) remark;
b) warning;
c) withholding of official salary/part of official salary;
d) early termination of authority (except for a member appointed by a party).
3. For committing one disciplinary misconduct, only one disciplinary liability measure may be applied.
4. For imposing a disciplinary liability measure on a member of a district or precinct election commission, the respective superior election commission uses the rules of simplified administrative proceedings established by the General Administrative Code of Georgia. The disciplinary liability measure imposed on an election commission member must be adequate to the severity of the disciplinary misconduct committed by him/her.
5. If an election commission member was recalled or his/her authority was terminated early during the period when a court or election commission is conducting proceedings against this member for the purpose of imposing disciplinary liability on him/her for violation of Georgian election legislation, the authorized body confirms the fact of violation of election legislation by the said member, and in case of confirmation of this fact, the restrictions provided for by subparagraph "b" of paragraph 5 of Article 14, subparagraph "c" of paragraph 16 of Article 22 and subparagraph "c" of paragraph 10 of Article 26 of this Law shall apply to the said member of the commission.
6. A decision on imposing disciplinary liability on a member of a precinct election commission or on refusal to impose it shall be made within 12 calendar days from the submission of the respective application/complaint, except for the case provided for by paragraph 7 of this Article.
7. A decision on an application/complaint regarding the imposition of disciplinary liability on a member of a precinct election commission submitted before the polling day shall be taken within 7 calendar days from the submission of this application/complaint.
8. A member of a district election commission shall be considered as having disciplinary liability for 1 year from the imposition of the disciplinary liability measure on him, and a member of a precinct election commission — for 2 years.
9. The respective higher election commission is entitled to release a member of a district election commission from disciplinary liability early, and a member of a precinct election commission — after the expiry of 1 year from the imposition of the disciplinary liability measure. Disciplinary liability shall be released early in the same manner in which it was imposed.
Article 13. Early termination of the powers of a member/head of an election commission🔗
1. The powers of the CEC chairperson/member shall be terminated early by a resolution of the Parliament of Georgia (except for a member appointed by a party in the CEC as provided for by Article 16 of this Law and the case provided for by this Article), and of a member of a district or precinct election commission – by an order of the higher election commission (except for the cases provided for by paragraph 9 of this Article and Article 16 of this Law):
a) if a member of an election commission, in the case of his/her election/appointment by the President of Georgia, has not, within 7 days from the day of election/appointment, terminated an activity and/or service incompatible with the status of a member of an election commission;
b) if a member of an election commission has taken a position defined by this Law that is incompatible with the status of a member of an election commission;
c) if a fact of carrying out by a member of an election commission of an activity incompatible with the status of a member of an election commission has been revealed;
d) if it is revealed that the data indicated in the documentation submitted for the competition are incorrect – from the day of revealing this fact;
e) in the case of non-exercise of the powers of the chairperson/member of the CEC or a district election commission for 2 consecutive months without a valid reason, or of missing sessions of the CEC or a district election commission 3 consecutive times;
f) if there is a court conviction judgment or if a violation of the election legislation of Georgia by a member of an election commission has been confirmed by a court – upon entry into legal force of the court decision;
g) when a member of an election commission is recalled by the party that appointed him/her in accordance with the procedure established by this Law – upon submission of an application on the recall;
h) if the status of a member of an election commission as a voter has been revoked;
i) in the case of systematic or gross violation of the election legislation of Georgia, the regulations of the election administration, or in the presence of another relevant ground provided for by the Law of Georgia “On Public Service”;
j) in the case of a ban of the party that appointed the member of the election commission.
2. In the case of election/appointment of a member of an election commission as a member of the same or another election commission, his/her powers shall be terminated early from the day of entry into force of the legal act on the election/appointment, which the respective election commission shall take note of and formalise by a record of the minutes of the session of the election commission.
3. In the case provided for by subparagraph “f” of paragraph 1 of this Article, the powers of an elected/appointed member of an election commission shall be terminated immediately upon entry into legal force of the court conviction judgment/court decision.
4. Upon resignation from office of the chairperson of an election commission, the deputy chairperson, the secretary of the commission:
a) an application on the resignation of the CEC chairperson shall be submitted to the Parliament of Georgia;
b) an application on the resignation of the CEC deputy chairperson, the CEC secretary shall be submitted to the CEC;
c) An application for resignation of the chairperson, deputy chairperson, or secretary of a district or precinct election commission shall be submitted to the relevant election commission.
5. In the event of submission by the CEC Chairperson to the Parliament of Georgia of an application for resignation, the moment of termination of the powers of the CEC Chairperson shall be considered the day following the registration of this application.
6. The Deputy Chairperson of the CEC, the Secretary of the CEC, the chairperson, deputy chairperson, or secretary of a district or precinct election commission shall be released from office early by a decision of the relevant election commission.
7. In the event of the death of a CEC member elected by the Parliament of Georgia/appointed by the President of Georgia, the Parliament of Georgia shall take note of the said fact, which shall be recorded in the minutes of the plenary session of the Parliament of Georgia. In the event of the death of a member of a district election commission elected by the CEC, the CEC shall take note of the said fact, which shall be recorded in the minutes of the CEC session.
8. It is prohibited to raise the question of removal from office of the chairperson, deputy chairperson, or secretary of an election commission, as well as early termination of the powers of a member of an election commission, on the same ground twice consecutively within 6 months.
9. A member appointed by a party to an election commission shall have his/her powers terminated early by a court judgment in the cases provided for by paragraph 1 of this article (except for subparagraphs "g" and "j" of paragraph 1 of this article and Article 16 of this law).
10. In the presence of one of the grounds provided for by paragraph 1 of this article, the question of resignation of the chairperson, deputy chairperson, or secretary of an election commission, as well as early termination of the powers of a member of an election commission, shall be considered and decided by the Parliament of Georgia within 15 days or by the authorized election commission within 5 days. The decision shall be made in the same manner as the election of the said person was held.
11. If the application for resignation/early termination of powers is not satisfied within the period established by this article, the chairperson, deputy chairperson, or secretary of the election commission shall be considered to have resigned from office, and the powers of a member of the election commission shall be considered terminated automatically, from the day following the expiry of this period.
12. It is prohibited to recall a member of a precinct election commission during the last 20 days before the polling day, on the polling day, and on the day following the polling day.
Article 14. Composition of the CEC, appointment to the positions of elected members of the CEC and the Chairperson of the CEC🔗
1. The CEC shall consist of no more than 17 members. Among them are the CEC Chairperson, the CEC Deputy Chairperson and the CEC Secretary. The CEC Chairperson is simultaneously a CEC member. Termination of the powers of the CEC Chairperson simultaneously entails termination of his/her powers as a CEC member.
2. 7 members of the CEC shall be elected by the Parliament of Georgia or appointed by the President of Georgia in accordance with the procedure established by this Law and the Rules of Procedure of the Parliament of Georgia, while no more than 9 members of the CEC shall be appointed by parties in accordance with the procedure established by this Law.
3. A candidate for CEC membership shall be submitted to the Parliament of Georgia for election by the Chairperson of the Parliament of Georgia in accordance with this article and the Rules of Procedure of the Parliament of Georgia. A candidate for CEC membership shall be selected through open competition in accordance with the procedure established by the Rules of Procedure of the Parliament of Georgia.
4. A candidate for CEC membership / a person appointed as a CEC member by the President of Georgia must be a capable citizen of Georgia from 25 years of age, who is non-partisan, has not been, during the last 5 years, a member appointed by a party in an election commission, an election subject, a representative of an election subject, or a donor of any party, has higher education, is fluent in the state language of Georgia, meets the requirements of paragraph 2 of Article 27 of the Law of Georgia “On Public Service” and has at least 5 years of work experience and a certificate of a civil servant of the election administration.
5. A person cannot be elected/appointed as a CEC member:
a) a person who does not have a certificate of a civil servant of the election administration;
b) a person who, due to violation of the election legislation of Georgia, was dismissed by an election commission or a court from the position held in the election administration of Georgia, – for 4 years from the day of dismissal from the position;
c) a person who, due to violation of the election legislation of Georgia, was recognized by a court as an administrative offender, – for 4 years from the entry into legal force of the court judgment;
d) a convicted person;
e) an election subject/candidate for election subject status, its representative;
f) an observer.
6. If, in a case provided for by the Rules of Procedure of the Parliament of Georgia, as a result of a repeat vote a member of the CEC (any member) is not elected, no later than 1 week after the vote, the Chairperson of the Parliament of Georgia, for the purpose of appointing a CEC member (members), sends to the President of Georgia a list of persons participating in the open competition for the selection of a candidate (candidates) for CEC membership (a person newly elected as a CEC member shall not be included in this list) and the relevant competition documentation. The President of Georgia is entitled, within 1 week after receipt of the said list and documentation, to appoint, from among the persons on this list, for a term of 5 years, as many or fewer CEC members as the number of CEC members remaining to be elected by the Parliament of Georgia. At the same time, the Order of the President of Georgia on the appointment of a CEC member shall indicate the position of which CEC member to be elected the said member is appointed to.
7. The term of office of a CEC member elected by the Parliament of Georgia/appointed by the President of Georgia is 5 years. If, before the expiry of the term of office of the current CEC member, a new CEC member has not been elected by the Parliament of Georgia/appointed by the President of Georgia, the term of office of the current CEC member shall continue until the election of a new CEC member/until appointment by the President of Georgia.
8. The Chairperson of the CEC is elected by the Parliament of Georgia/appointed by the President of Georgia in the manner established by this Law and the Rules of Procedure of the Parliament of Georgia for the election of a CEC member by the Parliament of Georgia/appointment by the President of Georgia. A candidate for the position of Chairperson of the CEC/a person appointed by the President of Georgia as Chairperson of the CEC shall meet the requirements of paragraphs 4 and 5 of this article.
9. The term of office of the Chairperson of the CEC is 5 years. If, before the expiry of the term of office of the current Chairperson of the CEC, a new Chairperson of the CEC has not been elected by the Parliament of Georgia/appointed by the President of Georgia, the term of office of the current Chairperson of the CEC shall continue until the election of a new Chairperson of the CEC/until appointment by the President of Georgia.
10. The Resolution of the Parliament of Georgia on the election of a CEC member/Chairperson of the CEC shall be submitted to the CEC within 7 days of its adoption. The Order of the President of Georgia on the appointment of a CEC member/Chairperson of the CEC shall be submitted to the CEC within 7 days of its issuance.
Article 15. Procedure for the Election of the Deputy Chairperson of the CEC and the Secretary of the CEC
1. The Chairperson of the CEC shall have 1 Deputy.
2. The CEC shall elect the Deputy Chairperson of the CEC and the Secretary of the CEC from among the CEC members elected by the Parliament of Georgia/appointed by the President of Georgia, by a majority of the full composition, by roll-call vote.
3. At least 2 members of the CEC shall have the right to nominate a candidate for the position of Deputy Chairperson of the CEC or Secretary of the CEC. The same candidacy may be nominated only twice.
4. If the Deputy Chairperson of the CEC or the CEC Secretary is not elected, until his/her election, the duties of the said official shall be performed by the CEC member who received the most votes during the election, and in the event of an equal number of votes – by the person selected from among them by lot.
5. The term of office of the Deputy Chairperson of the CEC and the CEC Secretary shall be determined by the term of his/her membership in the CEC.
Article 16. Rule for the Appointment of a CEC Member by a Party and Termination of His/Her Powers🔗
1. A party has the right to appoint 1 member of the CEC if the party was registered by the Chairperson of the CEC for the purpose of participating in the elections to the Parliament of Georgia and it was allocated a mandate of a member of the Parliament of Georgia in accordance with paragraphs 3–5 of Article 135 of this Law.
2. If the number of parties provided for by paragraph 1 of this article is more than 9, when appointing a CEC member, preference is given to the party that received more votes in the elections to the Parliament of Georgia.
3. If parties received an equal number of votes in the elections to the Parliament of Georgia, when appointing a CEC member, preference is given to the party that passed electoral registration earlier.
4. A CEC member appointed by a party must meet the requirements of paragraph 5 of Article 14 of this Law.
5. A party has the right to recall the CEC member appointed by it. His/her recall shall be inadmissible from the calling of elections until the summarization of the final results of these elections. During the said period, a party has the right to appoint a new CEC member only in the event of resignation or death of the CEC member appointed by it.
Article 17. Powers of the CEC🔗
1. The CEC:
a) within the scope of its powers, ensures the conduct of elections, referendums and plebiscites, monitors throughout the entire territory of Georgia the implementation of Georgian election legislation and ensures its uniform application;
b) within the scope of its powers, ensures the conduct of regular, repeat and extraordinary elections of the President of Georgia;
c) in an exceptional case, if it becomes impossible to fulfill certain requirements established by this law/observe the deadlines, is authorized by resolution to determine the election measures and deadlines for the elections to be held/voting to be conducted; if necessary, in accordance with this law, to submit to the President of Georgia a proposal on setting a new date for the elections;
d) is authorized, if necessary, by ordinance adopted by at least two-thirds of the full composition, to create a special group for resolving issues provided for by this law, and to determine the scope of its powers and term of activity;
e) in accordance with the deadlines established by this law, establishes by ordinance the schedule of election measures;
f) in accordance with the procedure established by this law, creates election districts and/or specifies their boundaries by ordinance;
g) in accordance with the procedure established by this law, considers applications and complaints related to elections and, within the scope of its powers, adopts an appropriate decision;
h) if a lower election commission does not or cannot perform the duty imposed by Georgian legislation, is authorized by ordinance adopted by no less than two-thirds of the full composition to terminate the powers of that commission and create a temporary group, which, until the re-establishment of the commission, shall be entrusted with the exercise of its powers;
i) on its own initiative or on the basis of an application/complaint, in accordance with the procedure established by this law for the consideration of election disputes, verifies the legality of decisions and acts of election commissions and their officials and, in the event of detection of a violation, declares them invalid or amends them by ordinance; by ordinance adopts a decision on the opening of packages received from the relevant precinct election commission and the recounting of ballot papers/voter lists. In the event of a recounting of ballot papers, the CEC must notify all election subjects and observer organizations whose representatives attended the counting of ballot papers at the polling station of this, and, if they so wish, ensure the attendance of their representatives at the ballot recounting process;
j) maintains a database of data on the following members of the election commission: whose violation of Georgian election legislation was confirmed by a court; who were dismissed from the position held in the Georgian election administration by the election commission or a court for violation of Georgian election legislation; who were subjected to a disciplinary liability measure for culpable non-performance or improper performance of their official duty;
k) maintains a database of data on persons holding a certificate (certificate of a civil servant of the election administration, certificate of a member of the precinct election commission, certificate of the head of the precinct election commission), which is processed in accordance with the requirements established by the Law of Georgia “On Personal Data Protection”;
l) is responsible for the formation of the unified list of voters, its computer processing and placement on the official website of the CEC of the part assigned to public information (surname, name; photograph; date of birth; address according to the identity card of a citizen of Georgia; for a person internally displaced from the occupied territory of Georgia – also the address of the actual place of residence; for a person registered without indicating an address, a person removed from registration by place of residence and a person whose registration was declared invalid by a decision of the Agency, – the address of the actual residence; the date of registration of the voter in the unified list of voters). The election lists of those voters of election precincts who belong to ethnic minorities shall also be placed on the official website of the CEC during the election period in a language understandable to them;
m) on the basis of the summary protocols of the voting results of the district and precinct election commissions, taking into account the final court judgment on violations of Georgian election legislation, determines the results of the elections of the Parliament of Georgia (by party lists), the elections of the Tbilisi Municipality Council held under the proportional election system, the elections of the Mayor of Tbilisi Municipality, a referendum, a plebiscite, on which a summary protocol of the CEC election results is drawn up;
n) determines the results of the elections of the President of Georgia, on which a summary protocol of the CEC on the results of the elections of the President of Georgia is drawn up;
o) ensures computer processing and immediate placement on its official website of the voting/election results received from the district election commissions, and in the case of adoption of the decision provided for by subparagraph “i” of this paragraph – also its placement on the official website of the CEC;
p) ensures publication and dissemination of information material on its official website;
q) ensures monitoring of the training conducted by the Legal Entity of Public Law – Center for Election Systems Development, Reforms and Training;
r) directs the activities of the district election commissions and periodically hears their reports;
s) in the event of holding different types of elections simultaneously, establishes by ordinance the additional rule and time limits for determining the ordinal number of an election subject;
t) no later than the 57th day before the day of the parliamentary elections of Georgia, determines by ordinance the list of institutions entitled to conduct drug testing;
u) is entitled to determine by resolution the rule and conditions for the submission of applications by electronic means in elections by election subjects, observer organizations and observers appointed by them, and media representatives, for the conduct of election registration/accreditation, for the submission and registration of applications by representatives of parties/election subjects by electronic means concerning the appointment of commission members and representatives, as well as other issues related to election procedures (except for procedures on the polling day);
v) determines by ordinance the conditions and rule for informing accused persons/convicted persons entitled to vote in a penitentiary facility;
w) determines by ordinance the quotas of members to be nominated by parties in the election college;
x) determines by ordinance the number of auxiliary and technical personnel of the district election commissions and the minimum and maximum amounts of official salaries;
y) determines by ordinance the members of the election college who are nominated by the respective parties from the composition of the representative bodies of municipalities in accordance with the quotas determined by this Law;
z) establishes by ordinance the minimum number of supporter signatures of candidates nominated by an initiative group of voters;
aa) establishes by ordinance the forms of election/referendum/plebiscite ballots; the texts of the ballots for the elections of the Parliament of Georgia, the President of Georgia, the mayor of a self-governing city/self-governing community, the representative body of a municipality – the Sakrebulo, the mayor of the Tbilisi municipality, the Sakrebulo of the Tbilisi municipality, and of referendum/plebiscite ballots; the types of ballot boxes, election envelopes and seals of election commissions; the type of election documents not determined by this Law but necessary for the organisation of elections;
bb) establishes by ordinance the form of the report on expenses related to elections/referendum of the district election commission;
cc) establishes by ordinance the rule for the use of vehicles in personal ownership by employees of the Election Administration of Georgia and of the Legal Entity of Public Law – the Centre for the Development, Reform and Training of Election Systems, for the performance of official duties, and for their provision with fuel;
dd) approves by ordinance, in the manner established by the Constitution of Georgia and this Law, the composition of the election college;
ee) approves by ordinance the budget application of the Election Administration of Georgia for the following year;
ff) By ordinance approves the strategic and annual action plans of the Election Administration of Georgia;
gg) By ordinance, on the basis of a submission by the CEC Chairperson, approves the staff list and cost estimate;
gg¹) By ordinance calls extraordinary elections, repeat elections, interim elections, repeat voting, and the second round of elections;
gg²) By ordinance registers the candidate for the Presidency of Georgia and the representative of the electoral college nominating him/her;
gg³) By ordinance elects the CEC representatives and determines their powers;
gg⁴) By ordinance grants the status of an observer of elections/referendum/plebiscite to a non-entrepreneurial (non-commercial) legal entity referred to in this Law, as well as to an international organization, an organization registered in another state, and a group of representatives of state authorities of another state;
gg⁵) By resolution determines the procedure for the distribution and use of funds allocated by the state for holding elections/referendum/plebiscite;
gg⁶) By resolution determines issues related to labour relations and official incompatibility of CEC members and elected members of district election commissions;
gg⁷) By resolution determines the additional procedure for forming the unified list of voters and voting procedures;
gg⁸) By resolution determines the conditions for the early removal of members of district and precinct election commissions from disciplinary liability;
gg⁹) By resolution determines the procedure for registration of observer organizations and observers for the purpose of exercising the powers provided for by this Law and attending meetings of the election commission during the non-election period;
gg¹⁰) By resolution determines the procedure for registration of a representative of an election subject and the exercise by him/her of the powers provided for by this Law during the non-election period;
gg¹¹) By resolution determines the procedure for accreditation of the press and other mass media for the purpose of attending meetings of the election commission and filming the commission's meetings during the non-election period;
gg¹²) By resolution adopts the regulation on certification of a civil servant of the election administration and the regulations on competitive selection of CEC staff employees and members of district election commissions;
gg¹³) By resolution approves the regulation on certification of members of precinct election commissions and the regulation on certification of heads of precinct election commissions;
gg¹⁴) By resolution approves the regulation of the Legal Entity of Public Law – Center for the Development, Reform and Training of Election Systems;
gg¹⁵) By resolution approves the procedure and conditions for special training of members of precinct election commissions;
gg¹⁶) By resolution adopts the Rules of Procedure of the Election Administration of Georgia;
gg¹⁷) By resolution adopts the Code of Ethics of civil servants of the election administration;
gg¹⁸) By resolution establishes the additional procedure for the completion and verification of supporter lists;
gg¹⁹) is accountable to the Parliament of Georgia, to which it submits a report within 60 days after the summarization of the results of each election;
gg²⁰) exercises other powers conferred by this Law.
2. All resolutions of the CEC shall be published in the "Legislative Herald of Georgia" and may also be published by other mass media. An ordinance of the CEC relating to the matters referred to in subparagraphs "d", "e", "h", "i", "w", "dd", "gg1" and "gg4" of paragraph 1 of this Article shall be published within 3 days of its adoption.
3. The CEC is entitled to adopt a resolution also on matters related to electoral and other procedures falling within the competence of the CEC that are not provided for by this Law and other legislative acts.
Article 18. Powers of the CEC Chairperson, the CEC Chairperson's Deputy and the CEC Secretary🔗
1. The CEC Chairperson is the highest official of the election administration of Georgia.
2. The CEC Chairperson:
a) performs full administrative functions in the CEC;
b) chairs the CEC session;
c) manages the financial resources of the CEC;
d) on the basis of the Organic Law of Georgia "On Political Unions of Citizens", determines by ordinance the amount of funding for parties;
e) determines by ordinance the number of persons employed under an employment contract in the election administration of Georgia;
f) in accordance with the procedure established by this Law, registers parties participating in elections and initiative groups of voters (for the election of the Mayor of Tbilisi Municipality), and their representatives in the CEC;
g) registers party lists and candidates for the Mayor of Tbilisi Municipality;
h) issues appropriate certificates to representatives of parties participating in elections and initiative groups of voters (for the election of the Mayor of Tbilisi Municipality);
i) issues appropriate certificates to candidates for the Mayor of Tbilisi Municipality;
j) issues appropriate certificates to an elected member of the Parliament of Georgia, the Mayor of Tbilisi Municipality and a member of the Sakrebulo of Tbilisi Municipality, and in the case of early termination of the powers of a member of the Parliament of Georgia and a member of the Sakrebulo of Tbilisi Municipality – to their substitutes;
k) transfers to the temporary mandate commission of the newly elected Parliament of Georgia, and after the creation of the appropriate standing committee − to this committee, the documentation necessary for verifying the powers of persons elected as members of the Parliament of Georgia;
l) in addition to the matters assigned to the CEC's powers provided by law, on the basis of an order of the CEC Chairperson, entrusts the performance of administrative and financial functions to the head of a structural unit of the CEC for a defined period;
m) in accordance with the regulations of the election administration of Georgia, gives instructions to the Deputy Chairperson of the election commission, the secretary of the commission, other members of the commission, and the employees (public servants) of the commission's apparatus;
n) where appropriate grounds exist, issues an ordinance on leaving an application/complaint unexamined;
o) exercises other powers conferred by the election legislation of Georgia.
3. The CEC Chairperson's Deputy:
a) in accordance with paragraph 23 of Article 8 of this Law, exercises the powers of the CEC Chairperson;
b) by ordinance of the CEC Chairperson and with the consent of the CEC, exercises certain powers of the CEC Chairperson (the ordinance must precisely define the scope and term of the conferred powers).
4. The CEC Secretary:
a) distributes the election documents submitted to the CEC and the correspondence received in the name of the CEC;
b) by resolution, registers and issues appropriate certificates, at the district election commissions, to representatives of a party and of an initiative group of voters (for the election of the Mayor of Tbilisi Municipality) participating in the elections of the Parliament of Georgia and in the elections of municipal bodies;
c) by resolution, registers and issues appropriate certificates, at the district election commissions, to representatives of a party and of an initiative group of voters (for the election of the Mayor of Tbilisi Municipality) participating in the elections of municipal bodies;
d) by resolution, registers and issues observer certificates to observers designated in the CEC by a non-entrepreneurial (non-commercial) legal entity/international organisation having the status of an observer of elections/referendum/plebiscite, and to observers sent by bodies of the government of another state;
e) by resolution, carries out the accreditation of media representatives and issues accreditation cards to them;
f) draws up summary protocols of election results;
g) in accordance with paragraph 23 of Article 8 of this Law, exercises the powers of the CEC chairperson;
h) exercises other powers conferred by the election legislation of Georgia.
Article 19. CEC Apparatus🔗
1. The organisational, legal and technical support for the conduct of elections and referendums shall be provided by the CEC Apparatus.
2. The structure, rules of operation and powers of the CEC Apparatus shall be determined by the CEC regulations.
3. Unless otherwise provided by this Article, it shall be inadmissible to employ as an apparatus employee a person who does not hold a public civil servant certificate and a certificate of an election administration civil servant conferred by the CEC, except for a person employed under an employment contract.
4. The list of the services and of the civil servants provided for by the staff list whose activities are not directly related to election procedures and who are not required to hold a certificate of an election administration civil servant conferred by the CEC shall be determined by the CEC by resolution. A public civil servant certificate shall not be required of a person who meets the requirements of paragraph 2 of Article 29 of the Law of Georgia "On Public Service".
Article 20. Legal Entity of Public Law – Election Systems Development, Reform and Training Centre🔗
1. The Legal Entity of Public Law – Election Systems Development, Reform and Training Centre (hereinafter – the Training Centre) is a legal entity of public law established on the basis of this Law. Its powers shall be determined by the legislation of Georgia, as well as by the statute of the Training Centre.
2. State control over the Training Centre shall be exercised by the CEC.
3. The functions of the Training Centre are:
a) promotion of election reforms;
b) development of proposals and recommendations, within the scope of its competence, for the purpose of improving election systems;
c) training and professional development of civil servants of the election administration and interested persons, in close cooperation with local and international organizations;
d) conducting certification of civil servants of the election administration in the manner determined by a resolution of the CEC;
e) conducting certification of members of precinct election commissions and certification of heads of precinct election commissions in the manner determined by a resolution of the CEC;
f) carrying out monitoring within the scope of its competence.
4. The Chairperson of the CEC shall appoint and dismiss the head of the Training Centre in accordance with the Law of Georgia on Public Service and the Law of Georgia on Legal Entities of Public Law.
Article 21. Creation of the District Election Commission🔗
1. The District Election Commission is a permanent territorial body of the election administration of Georgia. The District Election Commission is created by the CEC with no less than two-thirds of its full composition. The District Election Commission has a seal with its name, a stamp, settlement and current bank accounts. The chairperson and the accountant of the respective District Election Commission are responsible for spending the funds determined by the CEC for the District Election Commission. The District Election Commission has the right to spend from an account opened for the funds allocated for elections in any commercial bank and/or its branch.
2. The CEC is entitled to create by order one District Election Commission within the boundaries of one municipality, and ten District Election Commissions – in the municipality of the city of Tbilisi. The boundaries of the respective municipality are the area of operation of the District Election Commission.
3. It is prohibited to locate the District Election Commission in the same building in which the administration of the State Representative-Governor, the representative body of the municipality – the Sakrebulo or the Mayor's Office, a party, a court, a police unit or a unit of the State Security Service of Georgia is located.
4. It is prohibited to locate the election headquarters of a party, of a party/electors' initiative group in the building in which the District Election Commission is located.
5. 5 members of the District Election Commission are elected by the CEC for a term of 5 years, with no less than two-thirds of the full composition, unless otherwise provided by this law.
6. After the appointment of elections, the members of the District Election Commission are appointed by the respective parties in the manner established by Article 16 of this law. 3 members of the District Election Commission are elected by the CEC with no less than two-thirds of the full composition for the period until the announcement of the final results of the respective elections, unless otherwise provided by this law.
7. The term of office of a member of the District Election Commission is 5 years. The term of office of that member of the District Election Commission who was elected by the CEC on the basis of paragraph 6 of this article after the appointment of elections shall be determined by the period from his/her appointment until the announcement of the final results of the respective elections.
8. The decision of a party on the appointment of a member of the District Election Commission shall be submitted to the CEC within 7 calendar days from the day of the appointment of elections.
9. A party shall not be entitled to recall and appoint a member of the District Election Commission during the last 3 weeks before the polling day. A party shall be entitled, during the last 3 weeks before the polling day, to appoint a new member of the District Election Commission only in the event of resignation or death of the appointed member, as well as in the event that, by a court judgment, it is impossible for the person to carry out the activity of a member of the District Election Commission.
10. A person nominated by an authorized party as a member of the District Election Commission shall not be considered a member of the District Election Commission if:
a) The submitted documents are incomplete or inaccurate and the defects in the said documents were not eliminated within the time limit established by this paragraph. If the submitted documents do not comply with the requirements established by paragraph 16 of Article 22 of this Law, the Chairperson of the CEC shall, within 2 days, notify the entity appointing the member of the district election commission thereof (indicating the non-compliance). The corrected documents must be returned to the CEC within 3 days;
b) it was found that this person is a member of the same or another election commission at the time of his/her nomination to the CEC;
c) the nominated person does not meet the requirements established by paragraph 16 of Article 22 of this Law. In such case, the Chairperson of the CEC shall, within 2 days, notify the authorized party thereof and grant an additional 1-day period for nominating a new member of the district election commission.
Article 22. Rule for the appointment/election of members and heads of the district election commission🔗
1. The district election commission consists of no more than 17 members, who are appointed/elected within the time limit and in the manner established by this law by the entities defined by this same law.
2. The head of the district election commission, after the emergence of the corresponding vacant position, at the very first session of the district election commission, by a majority of the full composition, by nominal vote, is elected by the district election commission from among the members of the district election commission elected by the CEC for a term of 5 years. The term of authority of the head of the district election commission is determined by the term of his membership in the district election commission.
3. The right to nominate a candidate for the chairman, deputy chairman, and secretary of the commission is held by no fewer than 2 members of the commission. The nomination of one and the same candidate may be made only twice.
4. If the head of the district election commission is not elected within the established time limit, before his election the duties of the said official are performed by the member of the commission who received the most votes during the election, and in case of an equal number of votes – by the person determined by lot from among them.
5. Not later than 60 days before the expiry of the term of authority of a member of the district election commission, or not later than 3 days after the early termination of the member's term of authority, the CEC issues an order on holding a competition.
6. The CEC elects a member of the district election commission not earlier than 20 days and not later than 10 days before the expiry of the term of authority of the member of the district election commission.
7. In the event of early termination of the authority of a member elected by the CEC in the district election commission, his successor is elected by the CEC within 15 days (and after the appointment of elections – within 7 days). Within the same time limits, the heads of the district election commission are elected in the event of early termination of their authority.
8. The 3 members elected by the CEC in the district election commission in accordance with paragraph 6 of Article 21 of this law and the members appointed by the parties provided for by Article 16 of this law shall have their authority terminated upon the announcement of the final results of the respective elections.
9. A candidate for membership of the district election commission is selected by way of an open competition.
10. A candidate for membership of the district election commission may be a non-partisan person with higher education who is fluent in the state language of Georgia and who has a certificate of a civil servant of the election administration.
11. The right to participate in the competition is held by a capable citizen of Georgia from the age of 21 who meets the requirements established by this law. The time limit for submitting competition documents is:
a) upon expiry of the term of authority – 14 days from the announcement of the competition;
b) upon early termination of authority – 10 days from the announcement of the competition, and if elections are appointed – 2 days from the announcement of the competition;
c) in the event of the announcement of a repeat competition − 10 days from the announcement of the competition, and if elections are appointed − 2 days from the announcement of the competition.
12. The application submitted for the competition shall indicate: the candidate's name, surname; education (higher); specialty, academic (scientific) degree (if any); address (according to the identity (registration) certificate of a citizen of Georgia); place of work and position; contact address and telephone number (if any); the number and name of the electoral district in which he/she wishes to be a member of the district election commission. This application shall be signed by the candidate and shall be accompanied by:
a) 2 photographs of the candidate;
b) a photocopy of the identity certificate of a citizen of Georgia or of the passport of a citizen of Georgia;
c) a photocopy of the document confirming higher education (as well as an academic (scientific) degree (if any));
d) a photocopy of the certificate of a civil servant of the election administration;
e) the candidate's employment biography and a description of experience in participating in elections (if any).
13. If the submitted documents do not comply with the requirements established by this Article, the Chairperson of the CEC shall, within 2 days, notify the candidate thereof (indicating the non-compliance). The corrected documents shall be returned to the CEC within 3 days, but not later than the last day of registration.
14. After the expiry of the deadline for accepting documents, the CEC shall publish the list of candidates on its official website.
15. The CEC shall elect the members of the district election commission by roll-call vote. Each candidate shall be voted on separately. The candidate who is supported by not less than two thirds of the full composition of the CEC shall be considered elected. If the number of such candidates exceeds the number to be elected, the candidates with the best results among them shall be considered elected. If, due to a tie in the votes received by the candidates, a winner cannot be identified, these candidates shall immediately be voted on again in order to identify the winner among them. If a winner still cannot be identified, he/she shall be determined by lot. If a member of the district election commission cannot be elected in accordance with the procedure established by this paragraph, the candidates shall be voted on again. In the repeated voting, the candidate who is supported by the majority of the full composition of the CEC shall be considered elected. If all vacancies are still not filled, the competition for the remaining vacancy shall be announced anew.
16. A person may not be elected/appointed as a member (members) of the district election commission:
a) a person who, as of the day of nomination as a member of the district election commission, has not reached the age of 21;
b) a person who does not have a certificate of a civil servant of the election administration;
c) a person who, due to a violation of the election legislation of Georgia, was dismissed by an election commission or a court from a position held in the election administration of Georgia — for 4 years from the day of dismissal from the position;
d) a person who, due to a violation of the election legislation of Georgia, was recognized by a court as an administrative offender — for 4 years from the entry into legal force of the court judgment;
e) a person with a criminal record;
f) a member of the Parliament of Georgia, members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara;
g) the Prime Minister of Georgia, another member of the Government of Georgia, his/her deputy, the heads of the governments of the Autonomous Republics of Abkhazia and Adjara, other members of the governments of the Autonomous Republics of Abkhazia and Adjara, their deputies;
h) a member of the representative body of a municipality – the Sakrebulo, the executive body of a municipality – the Mayor, his/her deputy, the State Representative;
i) the Head of the Administration of the President of Georgia, his/her deputy, the Head of the Administration of the Government of Georgia, his/her deputy, the Head of the Staff of the Parliament of Georgia, his/her deputy;
j) the head of a state sub-agency institution, a department, a division of a Ministry, a Legal Entity of Public Law (except a Legal Entity of Public Law carrying out educational, scientific, research, sports activities);
k) a military servant, a servant of the Ministry of Internal Affairs of Georgia, the General Inspectorate of the Ministry of Defence of Georgia, the Ministry of Justice of Georgia, the state sub-agency institution within the system of the same Ministry − the Special Penitentiary Service, the State Security Service of Georgia, the Special State Protection Service, the Investigative Service of the Ministry of Finance of Georgia;
l) a judge, his/her assistant;
m) an employee of the prosecutor's office;
n) a person who, since the appointment of elections, was/is a leading person of a party;
o) a person who, since the appointment of elections, was/is an election subject/a candidate for election subject status and/or his/her representative;
p) the leading person of an observer organisation, an observer;
q) a representative of the press or other mass media accredited with the relevant election commission.
17. In addition to the cases provided for by paragraph 16 of this Article, a person who:
a) after the appointment of either of the last two general elections or the last two by-elections, was a member of an election commission appointed by a party, an election subject or a representative of an election subject;
b) from the beginning of the year of the last general elections or from the beginning of the year of the last by-elections, was a donor to any party.
18. In the case provided for by paragraph 6 of Article 21 of this Law, a public servant may be elected/appointed as a member of the district election commission (except a person provided for by subparagraphs „f“−„m“ of paragraph 16 of this Article). The requirements on incompatibility of positions established by the Law of Georgia "On Combating Corruption" shall not apply to him/her. In the case of election/appointment as a member of the district election commission, during the period of exercising the powers of a member of the district election commission, the public servant's powers at his/her permanent workplace shall be suspended, for which he/she shall be granted unpaid leave or the due paid leave in accordance with his/her own request, in the manner established by law.
19. In the case of election/appointment as a member of the District Election Commission, a person shall, within 7 days, comply with the requirements established by this law regarding restrictions on activity and incompatibility with office.
Article 23. Support and technical personnel of the District Election Commission🔗
1. The chairperson of the District Election Commission shall have the right, during the election period, to hire members of the support and technical personnel of the District Election Commission (except for the accountant) under employment contracts within the number established by a resolution of the CEC. Members of the support and technical personnel of the District Election Commission are not public servants provided for by the Law of Georgia on Public Service, and the requirements established by the legislation of Georgia regarding incompatibility with office shall not apply to them.
2. The chairperson of the District Election Commission shall be entitled, within the number determined by paragraph 1 of this article, to hire an accountant under an employment contract until the completion of the procedures provided for by paragraph 5 of Article 59 of this law.
3. The CEC shall determine by resolution the number of support and technical personnel of the District Election Commissions and the minimum and maximum amounts of official salaries.
Article 24. Authority of the District Election Commission🔗
The District Election Commission:
a) within the scope of its authority, ensures the holding of elections, referendum and plebiscite in the election district, monitors the implementation of the election legislation of Georgia and ensures its uniform application;
b) creates and specifies the boundaries of election precincts by ordinance;
c) if a subordinate Precinct Election Commission does not or cannot perform the duty imposed by the legislation of Georgia, it is entitled, by a decision of the majority of its full composition, to raise before the CEC the issue of termination of the authority of this commission;
d) shall open the relevant election documentation and recount the voting results in the case where, in the summary protocol of voting results drawn up by the Precinct Election Commission, without a correction protocol being attached thereto, the number of votes cast for an electoral subject, the total number of voters participating in the elections and/or the number of election ballots considered invalid have been corrected. In this case, the District Election Commission shall count/verify only the election documentation whose counting/verification is sufficient to establish the accuracy of the specified corrected data, and if the result of counting/verification of the specified election documentation does not match the corrected data, the District Election Commission shall recount both the election ballots and the number of voter signatures in all types of voter lists;
e) shall, no later than the 6th day from the voting day, at a commission session, select by random selection 5 election precincts from the election precincts located in the territory of the election district, open the packages received from the Precinct Election Commissions of these election precincts, and recount the voting results. In this case, the District Election Commission shall recount the election ballots, and if the result of the recount of the election ballots does not match the data of the summary protocol of voting results, the District Election Commission shall recount the number of voter signatures in all types of voter lists. In accordance with this subparagraph, during random selection for the purpose of selecting election precincts by random selection, the election precincts defined by subparagraphs „f“ and „g“ of this Article shall not be taken into account;
f) shall be obliged to open the relevant election documentation and recount the voting results in the case where the sum of the number of election ballots considered invalid and the number of votes given to election subjects exceeds by 5 or more the total number of voters participating in the elections indicated in the summary protocol of the voting results drawn up by the precinct election commission. In this case, the district election commission shall be obliged to recount the election ballots, and if the sum of the number of election ballots considered invalid and the number of votes given to election subjects, as a result of the recounting of the election ballots, does not match the total number of voters participating in the elections indicated in the summary protocol of the voting results drawn up by the precinct election commission, the district election commission shall recount the number of voter signatures in all types of voter lists;
g) shall be obliged to open the relevant election documentation and recount the voting results in the case where the sum of the number of election ballots considered invalid and the number of votes given to election subjects is less by 10 or more than the total number of voters participating in the elections indicated in the summary protocol of the voting results drawn up by the precinct election commission. In this case, the district election commission shall be obliged to recount the election ballots, and if the sum of the number of election ballots considered invalid and the number of votes given to election subjects, as a result of the recounting of the election ballots, does not match the total number of voters participating in the elections indicated in the summary protocol of the voting results drawn up by the precinct election commission, the district election commission shall recount the number of voter signatures in all types of voter lists;
h) is obliged, on the basis of an application/complaint (if the application/complaint is submitted in the manner and within the time limit established by this Law), as well as on its own initiative, to verify the lawfulness of the actions and decisions of the precinct election commissions and their officials (including the accuracy of the registration of election participants, the counting of ballot papers, and other matters) and, in the event of detecting a violation, to adopt an appropriate decision (including, in accordance with the results of the verification, to change the data of the summary protocol of the voting results of the precinct election commission or to declare the voting results at the election precinct invalid); if the violation entails the replacement of a person elected in a single-mandate local election district or of a candidate who advanced to the second round of elections, the replacement of elected persons in a multi-mandate election district (during municipal body elections), the change of the declaration (notification) of elections as held or not held (according to the majoritarian election district and during municipal body elections), and the above-mentioned verification does not provide the possibility of establishing a lawful result, it adopts a decision on declaring the voting results at the respective election precinct invalid and on raising before the CEC the issue of scheduling a repeat vote. If the district election commission adopts a decision on a recount, the district election commission shall notify all election subjects and observer organizations whose representatives attended the counting of ballot papers at the election precinct, and, at their request, ensure the attendance of their representatives at the recount process;
i) on the basis of the summary protocols of the voting results of the precinct election commissions, taking into account the results of the consideration of violations of the election legislation of Georgia, summarizes the voting results in the election district during the holding of the respective elections/referendum/plebiscite, on which a summary protocol of the voting results of the district election commission is drawn up;
j) on the basis of the summary protocols of the voting results of the precinct election commissions, taking into account the outcome of the decision of the district/city court on the violation of the election legislation of Georgia, determines, in the election district, during the elections of municipal bodies (except for the elections of the Sakrebulo of the Tbilisi Municipality) and the elections of the mayor of a self-governing city (except for the city of Tbilisi)/self-governing community, on which a summary protocol of the election results of the district election commission is drawn up;
k) by ordinance, grants the status of a local observer of elections/referendum/plebiscite to a local non-entrepreneurial (non-commercial) legal entity referred to in this Law;
l) ensures the holding of extraordinary elections, re-elections, repeat voting and the second round of elections;
m) by ordinance, elects the representatives of the district election commission and determines their powers;
n) ensures the issuance and publication of information material related to elections;
o) considers applications and complaints related to the electoral process and, within the scope of its authority, adopts an appropriate decision;
p) in accordance with the procedure established by this law, facilitates the formation of voter lists and ensures their publicity and accessibility;
q) for the purpose of improving the qualifications of the members of the precinct election commission, ensures the holding of seminars and training courses;
r) exercises other powers conferred by this law.
Article 25. Powers of the Chairperson, Deputy Chairperson and Secretary of the District Election Commission🔗
1. The Chairperson of the District Election Commission:
a) performs full administrative functions in the District Election Commission;
b) chairs the meeting of the election commission;
c) manages the financial resources of the District Election Commission;
d) concludes employment contracts with members of the auxiliary and technical personnel of the District Election Commission;
e) in accordance with the Regulations of the Election Administration, assigns tasks to the Deputy Chairperson of the election commission, the Secretary of the commission, other members of the commission, and auxiliary and technical personnel;
f) registers initiative groups of voters, majoritarian candidates nominated by a party/initiative group of voters in the election district, as well as party lists and mayoral candidates for elections to municipal bodies (except for elections to the Sakrebulo of Tbilisi Municipality and elections of the Mayor of Tbilisi Municipality);
g) issues relevant certificates to candidates nominated by a party/initiative group of voters;
h) issues a relevant certificate to an elected member of the representative body of the municipality – the Sakrebulo (except for a member of the Sakrebulo of Tbilisi Municipality), and in the event of early termination of his/her powers – to his/her substitute, as well as to the mayor (except for the Mayor of Tbilisi Municipality);
i) transfers to the CEC the documentation necessary for verifying the powers of persons elected as members of the representative body of the municipality – the Sakrebulo, as well as of the mayor, and other election documents determined by the election legislation of Georgia;
j) if there are relevant grounds, issues an ordinance on leaving the application/complaint without consideration;
k) exercises other powers granted by the election legislation of Georgia.
2. The Deputy Chairperson of the District Election Commission:
a) performs the duties of the Chairperson of the District Election Commission if the commission does not have a chairperson or he/she is unable to perform his/her duties;
b) by ordinance of the Chairperson of the District Election Commission, exercises individual powers of the chairperson of the commission (the ordinance must precisely determine the scope and term of the delegated powers).
3. The Secretary of the District Election Commission:
a) distributes the election documents submitted to the District Election Commission and the correspondence received in the name of the District Election Commission;
b) by ordinance, registers and issues relevant certificates to representatives of a party and an initiative group of voters participating in elections in precinct election commissions;
c) by ordinance, registers and issues observer certificates to observers appointed by a non-entrepreneurial (non-commercial) legal entity with the status of an election/referendum observer to district and precinct election commissions;
d) by ordinance, carries out accreditation of media representatives and issues them accreditation cards;
e) draws up the minutes of the sittings of the district election commission, including the summary minutes of the voting and election results;
f) exercises other powers conferred by the election legislation of Georgia.
Article 26. Establishment of the precinct election commission🔗
1. The precinct election commission is a temporary territorial body of the election administration of Georgia, which is established from the subjects defined by this article, from persons appointed/elected by the CEC and the superior district election commission.
2. The precinct election commission consists of not more than 17 members, who are appointed/elected within the period and in accordance with the procedure established by this Law by the subjects defined by the same Law.
3. The precinct election commission shall not be located and the polling place shall not be allocated in the same building in which is located:
a) a party;
b) a state authority or municipal body, except when there is no other suitable building in the territory of the election precinct for conducting voting in accordance with this Law. The appropriate decision is taken by the district election commission;
c) a unit of the police or the State Security Service of Georgia.
4. It is prohibited to locate a party, an election headquarters of a party/initiative group of voters in the building where the precinct election commission is located.
5. 8 members of the precinct election commission, including the leading persons of the said precinct election commission, are elected by the respective district election commission by not less than two thirds of its full composition, provided that the candidacy was supported, among others, by at least 3 members of the respective district election commission elected by the CEC for a term of 5 years. A member of the district election commission does not participate in the election procedure defined by this paragraph if he/she is a family member of the candidate for membership of the respective precinct election commission (spouse, relative in the direct ascending or descending line, stepchild, sister, brother, stepchild of a parent or child, spouse's sister, brother, parent).
6. 9 members of the precinct election commission are appointed by the respective parties in accordance with the procedure established by Article 16 of this Law.
7. A capable citizen of Georgia from the age of 18 who meets the requirements established by this Law and who has a certificate of a member of the precinct election commission may also be elected as a member of the precinct election commission, or appointed by an authorised party, except in the cases provided for by paragraphs 8 and 9 of this article.
8. A certificate of a member of the precinct election commission shall not be required:
a) of a person who has a certificate of a civil servant of the election administration;
b) of a person who has a certificate of a leading person of the precinct election commission;
c) of a member of a precinct election commission established in an exceptional case;
d) of a person participating in a competition announced for the selection of a member of the precinct election commission due to the early termination of the powers of a member of the precinct election commission;
e) of a person participating in a competition announced on the basis of paragraphs 5 and 8 of Article 27 of this Law;
f) of a member of the precinct election commission appointed by an authorised party.
9. The district election commission shall be entitled, on the basis of a repeat competition, to elect as a member of the precinct election commission a person who does not have a certificate of a member of the precinct election commission, if, as a result of the competition announced for the selection of members of the precinct election commission, one or more vacancies (all vacancies) of a member of the precinct election commission have still not been filled.
10. The following may not be elected (be elected)/appointed (be appointed) as a member (members) of a precinct election commission:
a) a person who, as of the day of nomination as a member of the precinct election commission, has not reached the age of 18;
b) a person who does not have a certificate of a member of the precinct election commission, except in the cases provided for by paragraphs 8 and 9 of this Article;
c) a person who, for violation of the election legislation of Georgia, was dismissed by an election commission or a court from a position held in the election administration of Georgia – for 4 years from the day of dismissal from the position;
d) a person who, for violation of the election legislation of Georgia, was recognised by a court as an administrative offender – for 4 years from the entry into legal force of the court judgment;
e) a person with a criminal record;
f) a member of the Parliament of Georgia, members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara;
g) the Prime Minister of Georgia, another member of the Government of Georgia, his/her deputy, the heads of the governments of the Autonomous Republics of Abkhazia and Adjara, other members of the governments of the Autonomous Republics of Abkhazia and Adjara, their deputies;
h) a member of the representative body of a municipality – the sakrebulo, the head of the executive body of a municipality – the mayor, his/her deputy, the State Representative;
i) the head of the Administration of the President of Georgia, his/her deputy, the head of the Administration of the Government of Georgia, his/her deputy, the head of the Apparatus of the Parliament of Georgia, his/her deputy;
j) the head of a state sub-agency institution, a department or a division of a ministry, a Legal Entity of Public Law (except a Legal Entity of Public Law carrying out educational, scientific, research or sports activities);
k) a military servicemember, a servant of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the General Inspectorate of the Ministry of Justice of Georgia, the state sub-agency institution within the system of the same ministry – the Special Penitentiary Service, the State Security Service of Georgia, the Special State Protection Service, the Investigative Service of the Ministry of Finance of Georgia;
l) a judge, his/her assistant;
m) an employee of the prosecutor's office;
n) a person who, from the appointment of the elections, was/is a leader of a party;
o) a person who, from the appointment of the elections, was/is an election subject/a candidate for election subject status and/or his/her representative;
p) a leader of an observer organisation, an observer;
q) a representative of the press or other mass media accredited to the respective election commission.
11. Except for the cases provided for by paragraph 10 of this Article, a person who:
a) after the appointment of any of the last two general elections or of the last two by-elections, was a member of an election commission appointed by a party, an election subject or a representative of an election subject;
b) since the beginning of the year of the last general elections or since the beginning of the year of the last by-elections, was a donor of any party.
12. The CEC shall approve, by resolution, the regulation on the certification of members of a precinct election commission. The examination tests for the said certification shall cover issues only from the Organic Law of Georgia "Election Code of Georgia" and from the rules of procedure of the precinct election commission, in accordance with the functions of members of the precinct election commission.
13. The term of validity of a certificate of a member of a precinct election commission shall be 5 years from passing the relevant examination. The conditions for extending the term of validity of a certificate of a member of a precinct election commission shall be determined by a resolution of the CEC.
14. A public servant may be elected/appointed as a member of a precinct election commission (except for a person provided for by subparagraphs "f"–"m" of paragraph 10 of this Article). The requirements on incompatibility of office established by the Law of Georgia "On Combating Corruption" shall not apply to him/her. Where a public servant is elected/appointed as a member of a precinct election commission, his/her powers at the permanent place of work shall be suspended during the period of exercise of the powers of a member of the precinct election commission, for which he/she shall be granted, in accordance with the procedure established by law, unpaid leave or the paid leave due to him/her, in accordance with his/her own request.
15. A newly created precinct election commission shall commence functioning and the powers of its members shall commence from the 30th day before the election day. The said powers shall terminate immediately upon the drawing up by the relevant district election commission of the summary protocol of the voting results.
16. In the event of failure to comply with the requirements of this Law, members of a precinct election commission shall bear the disciplinary liability provided for by paragraphs 1 and 2 of Article 12 of this Law.
Article 27. Election/Appointment of Members of a Precinct Election Commission🔗
1. A district election commission shall elect the members of a precinct election commission for regular elections no later than the 46th day before election day, and for extraordinary elections — no earlier than the 50th day and no later than the 46th day. Before the election of the members of a precinct election commission, the respective list of candidates shall be published on the official website of the CEC. The members of a precinct election commission created in an exceptional case shall be elected no earlier than the 11th day and no later than the 10th day before election day.
2. The decision of an authorized party provided for by paragraph 6 of Article 26 of this Law on the appointment of a member of a precinct election commission shall be submitted to the respective district election commission no earlier than the 45th day and no later than the 40th day before election day; the decision on the appointment of a member to a precinct election commission created in an exceptional case — no earlier than the 14th day and no later than the 10th day before election day.
3. If a party having the right to appoint a member of an election commission does not exercise this right within the period established by this Law, it shall lose the right to appoint a member of a precinct election commission during the election period of the same elections.
4. The respective district election commission shall publish the list of members of a precinct election commission on the official website of the CEC no later than the 29th day before election day, and the list of members of a precinct election commission created in an exceptional case — no later than the 5th day before election day.
5. If, by the 30th day before election day, and for a precinct election commission created in an exceptional case — by the 8th day before election day, the composition of the precinct election commission has fewer members than established, the superior district election commission shall have the right, within 3 days, to elect members of the commission to replace the removed members of the precinct election commission from among the candidates participating in the competition or on the basis of a re-announced competition.
6. The procedure for conducting the competition for the selection of members of a precinct election commission, the competition conditions, the deadlines, and the procedure for electing the said members shall be established by the CEC by ordinance.
7. The decision of an authorized party on the recall of a member of a precinct election commission and the appointment of his/her replacement shall be submitted to the respective precinct election commission and the superior district election commission.
8. If, after the early termination of the powers of a member of a precinct election commission, the party having the right to appoint his/her replacement has not exercised this right, and also if a member of a precinct election commission elected by the district election commission has had his/her powers terminated early and, as a result, the composition of the commission has fewer members than established, the respective district election commission shall have the right to elect, within 5 days after the expiry of the deadline for the nomination of new candidates for a member of the commission, in order to fill its composition. In such a case, the party shall lose the right to re-appoint a member of the precinct election commission during the election period of the same elections.
9. The district election commission shall elect the members of the precinct election commission by nominal vote. Each candidate shall be voted on separately. When electing a member of the precinct election commission, the candidate who is supported by at least two-thirds of the full composition of the respective district election commission shall be considered elected, provided that he/she is supported, among others, by at least 3 members of the respective district election commission elected by the CEC for a term of 5 years. If the number of candidates exceeds the number to be elected, the candidates with the best results among them shall be considered elected. If, due to the equality of the votes received by the candidates, no winner is identified, these candidates shall immediately be voted on in order to identify the winner among them. In a repeat vote, the candidate who is supported by the majority of the full composition of the respective district election commission shall be considered elected. If the winner is still not identified, he/she shall be determined by lot. If, as a result of the procedure provided for by this paragraph, not all vacancies are filled, the CEC shall take the decision.
10. The decision on the election/appointment of a member of the precinct election commission shall indicate the first name and last name of the person elected/appointed as a member of the precinct election commission, as well as the number of the precinct election commission to whose membership he/she was elected/appointed. In the party's decision on the appointment of a member of the precinct election commission, the contact address and telephone number of the person appointed as a member of the precinct election commission shall be indicated. This decision shall be accompanied by a photocopy of the identity card of a citizen of Georgia or of the passport of a citizen of Georgia of the person appointed as a member of the precinct election commission, and by the consent of this person.
11. A person nominated by an authorised party as a member of the precinct election commission shall not be considered a member of the precinct election commission if:
a) the deadline for submitting the documents determined by this article has been violated;
b) the submitted documents are incomplete or inaccurate and the defects in the said documents have not been eliminated within the deadline established by this paragraph. If the submitted documents do not comply with the requirements established by this article, the chairperson of the respective district election commission shall, within 2 days, notify the subject appointing/nominating the member of the precinct election commission thereof (indicating the non-compliance). The corrected documents must be returned to the district election commission within 3 days;
c) it was found that, at the moment of his/her nomination to the district election commission, this person is a member of the same or another election commission;
d) the nominated person does not meet the requirements established by paragraph 10 of Article 26 of this Law. In such a case, the chairperson of the district election commission shall notify the authorised party thereof within 2 days and shall give an additional 1-day deadline for nominating a new member of the precinct election commission.
12. The powers of a member of the precinct election commission shall terminate upon the election of the member of the commission replacing him/her.
Article 28. Election of the leading officials of the precinct election commission🔗
1. The chairperson of the precinct election commission, the deputy chairperson of the commission and the secretary of the commission (the leading officials of the precinct election commission) are simultaneously members of the precinct election commission. Termination of the powers of the said persons simultaneously entails termination of their membership in the precinct election commission.
2. The leading officials of the precinct election commission shall be elected by the respective district election commission in accordance with the procedure and within the deadlines established by this article and Articles 26 and 27 of this Law.
3. The procedure for conducting the competition for the selection of leading officials of the precinct election commission, the competition conditions, the deadlines and the procedure for electing the said persons shall be established by the CEC by ordinance.
4. A legally capable citizen of Georgia from the age of 18 who meets the requirements established by paragraphs 10 and 11 of Article 26 of this Law and who has a certificate of a leading official of the precinct election commission may be elected as a leading official of the precinct election commission, except for the cases provided for by paragraphs 5 and 6 of this article.
5. A certificate of a leading official of the precinct election commission shall not be required from:
a) a person who has a certificate of a civil servant of the election administration;
b) a leading official of a precinct election commission created in an exceptional case;
c) a person participating in a competition announced for the selection of a leading official of the precinct election commission due to early termination of the powers of a leading official of the precinct election commission.
6. The district election commission shall have the right, on the basis of a repeat competition, to elect as a leading official of the precinct election commission a person who does not have a certificate of a leading official of the precinct election commission, if as a result of the competition announced for the selection of leading officials of the precinct election commission, one or more vacancies (all vacancies) for leading officials of the precinct election commission have still not been filled.
7. The CEC shall approve by resolution the regulation on certification of leading officials of the precinct election commission. The examination tests for the said certification shall include questions only from the Organic Law of Georgia "Election Code of Georgia" and the rules of procedure of the precinct election commission, in accordance with the functions of the leading officials of the precinct election commission.
8. The term of validity of a certificate of a leading official of the precinct election commission shall be 5 years from passing the respective examination. The conditions for extension of the term of validity of a certificate of a leading official of the precinct election commission shall be determined by a resolution of the CEC.
Article 29. Powers of the Precinct Election Commission🔗
1. The Precinct Election Commission:
a) within the scope of its powers, ensures at the election precinct the holding of elections, referendum and plebiscite, the implementation of the election legislation of Georgia, compliance with the procedures established by the election legislation of Georgia during voting, and the exercise and protection of the rights guaranteed by the Constitution of Georgia and this Law to voters, representatives and observers;
b) verifies the accuracy of voter lists, considers claims related to the lists and, in the event of detection of errors or inaccuracies, no later than the following day applies to the superior District Election Commission with a proposal to make changes to the lists;
c) on the basis of voters' statements and applications, draws up the list of the mobile ballot box;
d) establishes the voting results at the election precinct, on which a summary protocol of the voting results of the Precinct Election Commission is drawn up;
e) is authorized, by a decision of the majority of its full composition, to raise before the superior District Election Commission the issue of declaring invalid the voting results at the election precinct;
f) is responsible for the posting at the election precinct of the information determined by the election legislation of Georgia, for the proper preparation of the place where voting is held and ballot papers are counted; ensures the maintenance of order at the election precinct;
g) on the day of voting, considers statements and complaints related to the election process and the preparation of voting and, within the scope of its powers, adopts an appropriate decision;
h) ensures the unconditional exercise of voters' electoral rights on the day of voting and bears full responsibility for their protection;
i) annuls the decision of the chairperson of the Precinct Election Commission on the temporary closure of the polling building, suspension of voting, opening of the polling building after closure, and continuation of voting;
j) exercises other powers conferred by the election legislation of Georgia.
2. All orders of the Precinct Election Commission and its chairperson shall be posted at the election precinct on the very next day.
Article 30. Powers of the chairperson, deputy chairperson and secretary of the precinct election commission🔗
1. The chairperson of the precinct election commission:
a) performs full administrative functions in the precinct election commission;
b) chairs the sitting of the precinct election commission;
c) receives and distributes the election documents submitted to the precinct election commission and the correspondence received in the name of the precinct election commission;
d) is personally liable for the storage and issuance for their intended purpose of ballot papers, special envelopes, seals of the precinct election commission, summary protocols of voting results and other election documents;
e) in accordance with the regulations of the election administration, assigns tasks to the deputy chairperson of the election commission, the secretary of the commission and other members of the commission;
f) on polling day organises the distribution of functions among the members of the commission by lot;
g) is responsible for maintaining order in the polling building on polling day;
h) shall not admit into the polling building persons entitled to be in the polling building without the relevant badge;
i) immediately after the summarisation of the voting results, transfers all election documents to the superior district election commission;
j) exercises other powers conferred by the election legislation of Georgia.
2. The deputy chairperson of the precinct election commission:
a) performs the duties of the chairperson of the precinct election commission if the commission has no chairperson or the latter is unable to perform his/her duties;
b) by order of the chairperson of the precinct election commission exercises certain powers of the chairperson of the commission (the order must precisely determine the scope and term of the conferred power).
3. The secretary of the precinct election commission:
a) prepares drafts of the orders of the precinct election commission;
b) is responsible for the issuance of public information;
c) draws up the protocols of the sittings of the precinct election commission, including the summary protocols of the voting results;
d) exercises other powers conferred by this Law.
Article 31. Electoral Districts🔗
1. For the elections of the Parliament of Georgia, Georgia is a single multi-mandate electoral district.
2. For the elections of municipal bodies, electoral districts are created and their boundaries, names and numbers are determined in accordance with this Law.
3. For the elections of the representative body of a municipality – the Sakrebulo – and the mayor of a self-governing city/self-governing community, each municipality is one electoral district.
4. For the elections of the mayor of Tbilisi Municipality, Tbilisi is one electoral district, which includes the electoral districts created in accordance with paragraph 5 of this Article.
5. For the elections of the Sakrebulo of Tbilisi Municipality to be held under the proportional electoral system, 10 electoral districts are created:
a) Mtatsminda;
b) Vake;
c) Saburtalo;
d) Krtsanisi;
e) Isani;
f) Samgori;
g) Chugureti;
h) Didube;
i) Nadzaladevi;
j) Gldani.
6. Within 2 days from the day of appointment of elections, the CEC shall publish on its official website a notice on the electoral districts, indicating their boundaries.
Article 32. Local Majoritarian Electoral Districts🔗
1. For the elections of the representative body of a municipality – the Sakrebulo – local majoritarian electoral districts are created by the respective district election commissions, while for the elections of the Sakrebulos of Tbilisi and other self-governing cities, such electoral districts are created by the CEC no later than 1 July of the year of the elections of municipal bodies, taking into account the territorial and administrative characteristics of the respective municipality.
2. The CEC (for the elections of the Sakrebulos of Tbilisi and other self-governing cities) and district election commissions shall specify the boundaries of local majoritarian electoral districts within 5 days from the day of appointment of elections.
3. For the extraordinary elections of the representative body of a municipality – the Sakrebulo – local majoritarian electoral districts are created and their boundaries are specified by the respective district election commissions, while for the extraordinary elections of the Sakrebulos of Tbilisi and other self-governing cities, such electoral districts are created and their boundaries are specified by the CEC within 5 days from the day of appointment of elections.
4. Within 2 days from the creation of local majoritarian electoral districts, the CEC and the respective district election commissions shall publish on the official website of the CEC a notice on the local majoritarian electoral districts, indicating their boundaries.
Article 33. Election precincts🔗
1. For conducting voting and counting votes, an election district shall be divided into election precincts.
2. An election precinct shall be created for not less than 20 and not more than 1,500 voters, except for the cases provided for by paragraph 3 of this Article and paragraph 4 of Article 77 of this Law. Election precincts shall be created, and their boundaries and numbers shall be determined, by the respective district election commission not later than 1 July of the election year, and within 2 days it shall publish the relevant information indicating the boundaries of the election precincts. The district election commission, on the basis of data of the respective municipal bodies, shall establish and specify the list and addresses of all residential buildings and structures included in the election precinct, as well as the list and addresses of those buildings and structures that may be used by the election administration of Georgia for election purposes. In the case of extraordinary elections to the Parliament of Georgia, election precincts shall be created not later than 40 days before election day.
3. In an election precinct where the voters provided for by subparagraph „e“ of paragraph 1 of Article 35 of this Law vote, the number of voters shall not exceed 2000.
4. Information indicating the boundaries of the election precinct and the addresses of all residential buildings and structures included in the election precinct (if any) shall be posted in the building of the precinct election commission.
5. In exceptional cases (penitentiary institution, hospital, other inpatient medical institution, charity house, shelter for the homeless, boarding house for persons with disabilities, other institution with a social purpose in which there are more than 50 voters), an election precinct may be created not later than the 15th day before voting day. An institution defined by this paragraph in which the number of voters does not exceed 50 shall, by order of the district election commission, be attached to the nearest election precinct existing thereto.
6. The boundaries of a created election precinct, as well as the list and addresses of the buildings and structures located in the territory of the election precinct referred to in paragraph 2 of this Article, shall be specified by the respective district election commission not later than the 50th day before election day, on the basis of data of the municipal bodies operating in the territory of a self-governing city/self-governing community and of a verification. Information on the specified boundaries of election precincts shall be published immediately.
7. It shall be prohibited for employees of the institutions defined by subparagraph „e“ of paragraph 1 of Article 35 of this Law to create election precincts in the territory of their respective subdivisions, except for the case provided for by paragraph 5 of this Article.
8. The district election commission shall, not later than 5 days after the creation of election precincts, and in the case provided for by paragraph 5 of this Article, within 2 days, publish on the official website of the CEC the numbers of the election precincts, the addresses of the precinct election commissions, contact telephone numbers and other details.
Article 34. Single list of voters and the rule for its formation🔗
1. The single list of voters is a list of persons registered in accordance with the procedure established by the legislation of Georgia, who have active electoral right, which is divided according to electoral precincts.
2. The following data about a voter shall be entered into the single list of voters:
a) surname, name;
b) date of birth (day, month, year);
c) address (according to the identity card of a citizen of Georgia or the Agency's database, which also includes the place of registration abroad);
d) personal number of a citizen of Georgia;
e) actual place of residence (in the case of a person internally displaced from the occupied territory of Georgia, a person registered without indicating an address, a person registered abroad, a person removed from registration according to place of residence, as well as a person whose registration was declared invalid by a decision of the Agency, the address of the temporary residence shall be indicated. In the case of a person staying in another state, it shall be noted "is under consular registration" (this record is not a ground for restricting the right to participate in voting according to the place of registration in Georgia), and if such a person is not under consular registration of Georgia – "is abroad");
f) date of registration in the single list of voters;
g) photograph (the most recent photograph in the Agency's electronic database in digital format);
h) sex.
3. Data about a voter shall, as a rule, be entered into the single list of voters according to his/her place of registration. A person internally displaced from the occupied territory of Georgia, if his/her registration address, according to the identity card of a citizen of Georgia or the Agency's database, is in the occupied territory of Georgia, shall be entered into the single list of voters according to his/her actual place of residence.
4. A voter who has a valid identity card of a citizen of Georgia or a passport of a citizen of Georgia and who has been removed from registration according to place of residence or whose registration was declared invalid by a decision of the Agency, shall be entered into the single list of voters according to the place (address) of last registration or the actual (temporary) place of residence (address). In the absence of the actual (temporary) place of residence (address) in the Agency's electronic database, the respective voter, in order to participate in elections, is obliged, from the day of scheduling of elections until the day of elections, no later than the 21st day, to appear at the Agency, indicate his/her actual (temporary) place of residence (address) and have a photograph taken in digital format. In this case, the said voter shall be exempted from payment of the respective service fee established by the legislation of Georgia for taking a photograph.
5. A voter who is registered without indicating an address and who holds a valid identity card of a citizen of Georgia or a passport of a citizen of Georgia, as well as a voter who is registered abroad, shall be entered in the unified list of voters according to the actual (temporary) place of residence (address) contained in the Agency's electronic database. In the absence of such a place (address), the relevant voter, in order to participate in the elections, shall be obliged, not later than the 21st day from the day of the calling of the elections until the day of the elections, to appear at the Agency, to indicate his/her actual (temporary) place of residence (address) and to have a photograph taken in digital format. In this case, the said voter shall be exempt from payment of the relevant service fee established by the legislation of Georgia for taking the photograph.
6. The CEC shall be responsible for the formation of the unified list of voters, its computer processing and the placement on the official website of the CEC of the part thereof attributable to public information (surname, name; photograph; date of birth; address according to the identity card of a citizen of Georgia or the Agency's database, for an internally displaced person from the occupied territories of Georgia, for a person registered without indicating an address, for a person registered abroad, for a person removed from registration by place of residence and for a person whose registration was declared invalid by a decision of the Agency, – as well as the address of the actual place of residence; the date of registration of the voter in the unified list of voters).
7. The unified list of voters shall be compiled:
a) on the basis of the data contained in the Agency's database concerning persons registered by place of residence in the relevant territory, persons registered abroad, including persons who turn 18 by the day of the elections, as well as on the basis of data concerning deceased persons. The data concerning persons in whose name the last issued identity document was cancelled due to forgery or being declared invalid, or who have not obtained, by the time of the current elections, a valid identity card of a citizen of Georgia or a passport of a citizen of Georgia, shall not be entered in the unified list of voters, unless these persons undergo registration at the Agency not later than the 13th day before the day of the elections;
b) on the basis of data transmitted by the relevant municipal bodies concerning persons who died but whose family members have not applied to the Agency to obtain a death certificate, as well as on the basis of information concerning streets and residential houses whose name/number has been changed;
c) on the basis of data transmitted by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia and/or its territorial bodies concerning internally displaced persons;
d) on the basis of the data transferred by the Ministry of Defence of Georgia concerning those military servants and persons holding a special state rank, the data transferred by the Ministry of Internal Affairs of Georgia, the State Security Service of Georgia and the Special State Protection Service concerning those persons holding a special rank, and the data transferred by the Special Penitentiary Service — a state sub-agency institution within the system of the Ministry of Justice of Georgia — concerning those servants whose conditions of service require their presence at an address different from the place of registration, which belongs to another electoral district;
e) on the basis of the data transferred by the Ministry of Foreign Affairs of Georgia concerning those voters who are on consular registration;
f) on the basis of the data transferred by the State Care and Assistance Agency for Victims of Trafficking and Affected Persons — a legal entity of public law under the state control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia — concerning those persons who are recognised by a court judgment as recipients of support and are placed in the relevant in-patient medical institution;
g) on the basis of the data transferred by the Special Penitentiary Service — a state sub-agency institution within the system of the Ministry of Justice of Georgia — concerning those persons in respect of whom detention is applied as a measure of restraint, who have been sentenced to imprisonment for the commission of a less serious crime or a serious crime, as well as on the basis of data concerning those persons who have been sentenced to imprisonment for the commission of a particularly serious crime and who, due to the expiry of the sentence term by the day of the elections, will be released from the penitentiary institution;
h) on the basis of the data transferred by the Ministry of Internal Affairs of Georgia concerning those persons who have crossed the state border of Georgia and whose return to Georgia has not been recorded. On the basis of these data, in the column "actual place of residence" of the unified list of voters, the entry "is abroad" shall be made. The said entry shall not be a ground for restricting the right to participate in voting.
8. For the purpose of updating the unified list of voters and the electronic database of the data of this list by the CEC:
a) the institutions indicated in subparagraphs "a"–"c" and "e" of paragraph 7 of this Article shall, four times a year — on 1 February, 1 May, 15 July and 1 November of each year — transfer to the CEC updated or new data on persons with the right to vote, while the institutions indicated in subparagraphs "f" and "g" of the same paragraph shall — within the same time limits — transfer data on persons without the right to vote;
b) State/autonomous republic and municipality bodies shall, in accordance with their competence, within 10 days from the adoption of a decision on the naming of a geographical object — a municipality, a settlement, an administrative unit of a self-governing city, a historically formed district, a micro-district, another territorial unit, a square, a prospect (avenue), a highway, a street, a lane, a dead-end, a passage, an embankment, an esplanade, a boulevard, an alley — send the appropriate information to the CEC and the Agency.
9. The CEC is entitled, for the purpose of updating the unified list of voters and the electronic database of the data of this list, as necessary to request and, within 3 days from the request, receive from the institutions indicated in subparagraphs „a“−„c“ and „e“ of paragraph 7 of this Article data on persons having the right to vote, and from the institutions indicated in subparagraphs „f“ and „g“ of the same paragraph — data on persons not having the right to vote.
10. A party with electoral registration, an initiative group of voters registered in accordance with this Law (for municipal body elections), an observer organization defined by Article 44 of this Law (and in a non-election period — an observer organization registered during the last general elections), a voter shall have the right to review the version of the voter lists existing in the CEC and the district and precinct election commissions that is classified as public information (an initiative group of voters shall have the right to review only the version classified as public information of the voter list registered within the boundaries of the respective majoritarian election district. A voter shall have the right to request review of all data existing about him/her and his/her family members and the making of changes therein) and, in the event of detection of an inaccuracy, no later than the 18th day before election day, and in a non-election period – at any time, to request the making of changes in the data on voters and in the voter lists. Review of the data and issuance of a copy shall be carried out in accordance with the procedure established by the legislation of Georgia for the review and issuance of public information.
11. The version of the unified list of voters classified as public information (with photographs) shall be transferred to the person defined by paragraph 10 of this Article only in electronic form. In order to receive the list, the authorized person must present to the respective election commission an electronic data carrier of appropriate capacity.
12. For the purpose of fulfilling the requirements of the first paragraph of Article 85 and Articles 85² and 85⁴ of the Organic Law of Georgia "Local Self-Government Code", in order to ensure the participation of citizens (voters) in the exercise of local self-government, the version of the list of voters registered within the boundaries of the respective municipality that is classified as public information (without photographs) may be transferred, on the basis of a written request, to the executive body of the self-governing city/self-governing community – the mayor. The respective body of the self-governing city/self-governing community shall be responsible for the protection and non-disclosure of the unified list of voters containing personal data transferred by the CEC.
13. During the election period, the election administration of Georgia verifies the lists of voters. The results of the verification shall be considered and the appropriate decision shall be taken by the district election commission within 2 days of receipt of the application, but not later than the 16th day before the election day. The order of this commission on refusal to make a change in the data on voters/in the lists of voters shall be substantiated and shall be transferred to the applicant from the day following its issuance, immediately upon request.
14. For the purposes provided for by paragraph 13 of this Article, in the event of an application by the district election commission, the Agency/the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia and/or its territorial bodies shall be obliged to provide the district election commission immediately with the relevant information.
15. The order of the district election commission on making a change in the data on voters/in the lists of voters shall be transferred within 2 days to the CEC and the respective precinct election commission.
16. The order of the district election commission on refusal to make a change in the data on voters/in the lists of voters may be appealed to the respective district/city court within 2 days of its issuance. In the event of the court granting the claim, the judgment of the court shall be transferred within 2 days, but not later than the 13th day before the election day, to the district election commission, which shall provide the relevant information immediately to the CEC and the respective precinct election commission. The election commissions shall immediately make the relevant change in the data on voters/in the lists of voters.
17. From the 30th day before the election day, the precinct election commission shall be transferred the version of the unified list of voters certified by the CEC that is classified as public information; not later than the 2nd day before the election day – the final versions of the updated lists classified as public information; and not later than 12 hours before the voting – the final versions of the updated lists intended for the election commission. The version of the unified list of voters classified as public information (without photographs) shall be immediately posted in a conspicuous place in the building of the precinct election commission.
18. The issue of registration of a voter who has failed to undergo registration within the time limit established by law shall, in the case of submission of an application and the relevant documents (an entry in the passport of a citizen of Georgia on crossing the state border of Georgia, a certificate from an in-patient medical institution, a certificate on release from a penitentiary institution), be decided by the district election commission by an ordinance. The district election commission shall consider the voter's application within 2 days of its receipt, and if less than 2 days remain until the polling day — immediately. The voter shall be notified immediately of a negative decision. If such a voter applies to the election administration on the polling day with a request to participate in the elections, the relevant precinct election commission shall register him/her and attach photocopies of the documents to the voter lists.
19. It shall be prohibited to make changes to voter lists during the last 12 days before the election day, except for the cases provided for by paragraph 18 of this Article, and from the 15th to the 12th day before the election day changes to the lists shall be made only by a court judgment.
20. Within 5 days from the day of calling the elections and thereafter, not later than the 5th day before the polling day, the CEC shall publish on its official website information on the total number of voters in Georgia and in each election district of Georgia.
Article 35. Special list of voters🔗
1. The following shall be included in the special list of voters:
a) civil servants of the election administration who, due to their activity in election commissions, are unable to participate in elections at their place of registration on polling day. These persons shall be included in the special list of voters by the relevant district election commission at a pre-determined polling station, no later than the 11th day before polling day;
b) voters who are undergoing treatment in a hospital or another inpatient medical institution and, due to their state of health, will not be discharged from this institution by polling day. The list of these persons shall be drawn up by the head of the relevant medical institution and shall be transferred by him/her to the relevant district election commission no later than the 11th day before polling day;
c) voters who are in detention on polling day. The list of these persons shall be drawn up by the head of the relevant penitentiary institution and shall be transferred by him/her to the relevant district election commission no later than the 11th day before polling day;
d) voters who are in administrative detention on polling day. The list of these persons shall be drawn up by the head of the relevant institution and shall be transferred by him/her to the relevant district election commission no later than the 11th day before polling day;
e) military servants of the Ministry of Defence of Georgia and persons holding a special state rank, persons holding a special rank in the system of the Ministry of Internal Affairs of Georgia, the State Security Service of Georgia, the Special State Protection Service and the state sub-agency institution within the system of the Ministry of Justice of Georgia − the Special Penitentiary Service, whose conditions of service or state of health require their presence on election day at an address different from their place of registration, which belongs to another election district. The list of these servants and persons shall be drawn up by the commanders of the relevant military units/military formations or the heads of the relevant institutions/units and shall be transferred to the relevant district election commission:
e.a) during ordinary general, extraordinary or interim elections − no later than the 25th day before polling day;
e.b) taking into account the results of conscription for military service − no later than the 11th day before polling day.
2. By Resolution of the Government of Georgia, the list of those service conditions of the servants provided for by subparagraph „e“ of paragraph 1 of this Article which require their presence on election day at an address different from their place of registration, the procedure and conditions for drawing up the list of these servants and transferring it to the relevant district election commission, and for creating appropriate conditions for their participation in elections, as well as the list of those special service conditions and the relevant categories of persons who, due to these conditions, will be unable to leave their workplace on polling day, shall be determined.
3. The head of the respective institution shall be responsible for the accuracy of the data entered in the special list of voters, which shall be confirmed by his/her signature.
4. On the basis of the data on the persons provided for by paragraph 1 of this Article, as well as their own data, the district election commission shall, not later than the 10th day before the polling day, draw up and approve by an order the special lists of voters and shall immediately transmit to the respective precinct election commission the versions of the special lists of voters signed by the chairperson and the secretary of the said district election commission that are designated for public information, and not later than 12 hours before the polling — the versions designated for the election commission.
5. Where a voter is entered in the special list of voters, an appropriate notation shall be made in the unified list of voters of the election precinct and it shall be confirmed by the signatures of the chairperson of the precinct election commission and the secretary of the commission.
6. Voters entered in the special list of voters on the basis of subparagraphs „a“ and „c“ of paragraph 1 of this Article shall participate:
a) both in elections held under the majoritarian election system and in elections held under the proportional election system, if they change their place of residence within the territory of the same local majoritarian election district (during elections to municipal bodies);
b) in the elections to the Parliament of Georgia and in a referendum, if they vote in the territory of another election district.
7. A voter entered in the special list of voters on the basis of subparagraph „e“ of paragraph 1 of this Article shall participate in elections held under the proportional election system in accordance with the procedure established by paragraphs 8, 9 and 11 of this Article.
8. A voter entered in the special list of voters on the basis of subparagraph „e“ of paragraph 1 of this Article, for the purpose of participating in the elections to the Parliament of Georgia, elections to municipal bodies and a referendum, shall vote at the election precinct (precincts) determined by the respective district election commission according to the place of deployment of the respective military unit/military formation.
9. A voter entered in the special list of voters on the basis of subparagraph „e“ of paragraph 1 of this Article shall participate in the elections to the Parliament of Georgia and in a referendum.
10. Employees of the institutions defined by subparagraph „e“ of paragraph 1 of this Article, except for the cases provided for by the same subparagraph, shall vote in the elections to the Parliament of Georgia, elections to municipal bodies and a referendum according to their place of registration.
11. During the elections to the representative body of a municipality – the sakrebulo, the mayor of a self-governing city (including the city of Tbilisi)/self-governing community, an employee provided for by subparagraph „e“ of paragraph 1 of this Article who on the polling day is located:
a) at the place of the respective dislocation, on a permanent basis as of election day, participates in the elections to the Sakrebulo held under the majoritarian electoral system, as well as in the elections held under the proportional electoral system and in the mayoral elections, for a period of not less than 6 months before election day and at least 6 months or more from election day;
b) at the place of permanent dislocation, as of election day, participates in the elections to the Sakrebulo held under the proportional electoral system for a period less than that determined by subparagraph „a“ of this paragraph, while he/she participates in the mayoral elections and in the elections to the Sakrebulo held under the majoritarian electoral system only if his/her place of dislocation is within the boundaries of the electoral district/local majoritarian electoral district in which he/she is registered according to his/her place of residence.
12. The special voters' list shall include the same data about a voter as are in the unified voters' list. The exception is the voters indicated in subparagraphs „a“–„c“ of paragraph 1 of this article, whose data shall be entered in the special voters' list without photographs, as well as the voters indicated in subparagraph „e.b“ of paragraph 1 of this article, whose data may be entered in the special voters' list without photographs. The special voters' list shall also include data on the dates of commencement and completion of service at the respective place of dislocation by the voters provided for by subparagraph „e“ of paragraph 1 of this article.
13. In the event of a voter's inclusion in the list of the mobile ballot box, the special voters' list shall be marked „mobile box“, as well as the reason for his/her inclusion, and this mark shall be confirmed by the signatures of the chairperson and secretary of the precinct electoral commission.
Article 36. Rule for the participation of a voter using a wheelchair in elections🔗
1. A voter using a wheelchair shall be entitled to participate in the elections to the Parliament of Georgia at any adapted polling station located in the area of activity of the relevant district election commission, and also to participate in the elections to municipal bodies at any adapted polling station located in the territory of the relevant local majoritarian election district, for which the voter must apply to the relevant district election commission/precinct election commission no later than the 11th day before polling day. For the purpose of a voter changing the polling station:
a) The secretary of the district election commission/secretary of the precinct election commission shall register in the registration journal and confirm by signature the voter's written application (this application must indicate the personal number of a citizen of Georgia) or an oral application received by telephone message (in this case, the voter's personal number, the exact time of the telephone message and the relevant telephone number shall be indicated);
b) If a voter applies to the district election commission, the relevant precinct election commission shall be notified of the inclusion of the voter registered in the voter list of that polling station in the special list of voters of the adapted polling station. If a voter applies to the precinct election commission, the precinct election commission shall transmit information about this voter to the relevant district election commission no later than the 11th day before polling day;
c) In the unified list of voters, the transfer of the voter to the special list of voters of the adapted polling station located in the territory of the same district election commission/local majoritarian election district shall be noted, and in the column "actual situation" of the unified list of voters and the special list of voters, an entry "is a wheelchair user" shall be made, which shall be confirmed by the signatures of the chairperson and secretary of the precinct election commission.
2. Members of the precinct election commission, representatives of electoral subjects and observers shall have the right to verify the validity of the request by voters using a wheelchair to vote at an adapted polling station and, no later than the 10th day before election day, to raise before the precinct election commission the question of the expediency of including these voters in the relevant special list of voters. The relevant district election commission shall adopt a decision on this issue, on the basis of the information provided by the precinct election commission, within the period established by this Article.
3. Based on the data received from the precinct election commissions, as well as its own data, the district election commission, no later than the 10th day before the polling day, shall compile and approve by ordinance the special list of voters of the adapted election precincts and shall immediately transfer to the corresponding precinct election commission the version of the special list of voters of the adapted election precincts designated for public information, signed by the chairperson and secretary of the said district election commission, and no later than 12 hours before the polling — the version intended for the election commission.
4. The special list of voters of an adapted election precinct shall include the same data about the voter as are contained in the unified list of voters, and additionally the serial number of this voter in the unified list of voters shall be marked.
5. The version of the special list of voters of the adapted election precinct transferred by the district election commission to the precinct election commission, designated for public information (without photographs), shall be immediately posted in the polling building (in the building of the precinct election commission) in a conspicuous place.
Article 37. Mobile Ballot Box List🔗
1. The mobile ballot box list shall be drawn up on the basis of the unified list of voters and the special list of voters, if:
a) the voter, due to health condition, is unable to come to the polling building on polling day;
b) the voter is in detention;
c) the voter is in administrative detention;
d) the voter is receiving treatment in a hospital or another inpatient medical institution and no polling station is opened in it;
e) the voter:
e.a) serves in a military unit deployed on the state border of Georgia or in that subunit of the state sub-agency institution of the Ministry of Internal Affairs of Georgia – the Border Police of Georgia, which is located far from the polling station;
e.b) is a person provided for by subparagraph "e" of paragraph 1 of Article 35 of this Law and, on polling day, due to special service conditions or health condition, cannot leave the workplace;
e.c) serves in the state sub-agency institution within the system of the Ministry of Justice of Georgia − the Special Penitentiary Service and, due to service conditions, cannot leave the workplace;
f) is in the territory of the polling station, but in a hard-to-reach place.
2. In the event of impossibility to come to the polling building on polling day, the voter shall apply to the precinct electoral commission with a request to vote by mobile ballot box no later than the 11th day before polling day. Information about a voter who is in an inpatient medical institution on polling day shall be transmitted by the district electoral commission to the relevant precinct electoral commission no later than the 11th day before polling day. A voter shall be included in the mobile ballot box list after:
a) the secretary of the precinct electoral commission registers in the registration journal and confirms by signature the voter's written application (this application must indicate the personal number of a citizen of Georgia) or an oral application received by telephone message (in this case, the voter's personal number, the exact time of the telephone message and the relevant telephone number shall be indicated);
b) in the unified list of voters or the special list of voters, the transfer of the voter to the mobile ballot box list shall be noted, which shall be confirmed by the signatures of the chairperson and secretary of the precinct electoral commission.
3. Information about the voters to be included in the mobile ballot box list shall be immediately posted in a visible place in the polling building. Members of the precinct electoral commission, representatives of electoral subjects and observers have the right to verify the validity of the request to vote by mobile ballot box and, no later than the 10th day before election day, to raise before the precinct electoral commission the question of the expediency of including these voters in the mobile ballot box list. The precinct electoral commission shall adopt a decision on the said issue.
4. The number of voters provided for by subparagraph „a“ of paragraph 1 of this Article shall not exceed 3 percent of the voters in the unified list of voters at the electoral precinct. After the said number is filled, the decision on the expediency of including voters in the list of the mobile ballot box shall be taken by the relevant district electoral commission by not less than two thirds of those present at the sitting.
5. The list of the mobile ballot box shall include the same data about the voter as are contained in the unified list of voters, except for his/her photograph, and additionally the serial number of this voter in the unified list of voters or in the special list of voters shall be indicated.
6. The list of the mobile ballot box shall, immediately upon its compilation, be posted in a conspicuous place in the buildings of the precinct electoral commission and of the polling.
Article 38. Publication of voter lists🔗
1. The precinct electoral commission shall be obliged to post, in a conspicuous place in the buildings of the precinct electoral commission and of the polling, the voter lists and the procedure established by law for filing a complaint in connection therewith, not later than the next day after the said lists are transferred to it in the manner established by this Law, and the list of the mobile ballot box – immediately upon its compilation. Responsibility for failure to comply with this requirement shall be borne by the chairperson of the precinct electoral commission.
2. On the basis of verification of the data entered within the time limit established by this Law in the lists referred to in paragraph 1 of this Article, in the column „actual situation“ in these lists, next to the surname of the voter who:
a) is under consular registration of Georgia in another state, „is under consular registration“ shall be indicated;
b) is in another state but is not under consular registration of Georgia, „is abroad“ shall be indicated;
c) is registered abroad, „is registered abroad“ shall be indicated;
d) is in the national military service of conscripts or contractual military service of the Defence Forces and units of Georgia, „is in military service“ shall be indicated;
e) is included in the special list of voters, „is a member of the commission“, „is in hospital“ or „is in detention“ shall be indicated;
f) is included in the list of the mobile ballot box, „mobile box“ shall be indicated.
Article 39. Registration of electoral subjects🔗
1. In order to obtain the right to participate in elections, electoral subjects shall be registered, in accordance with the procedure established by this Law, by the chairperson of the relevant electoral commission.
2. For the purpose of being registered, an electoral subject shall apply to the relevant electoral commission by an application and shall submit the appropriate documentation in accordance with the procedure established by this Law.
3. The relevant service of the electoral commission shall, within the time limit established by this Law, verify the submitted documents and submit a conclusion to the chairperson of the electoral commission, who shall decide the issue of registration. If the submitted documents do not comply with the requirements established by this Law, the chairperson of the electoral commission shall, within 2 days (unless otherwise provided by this Law), notify thereof (indicating the non-compliance) the representative of the party/initiative group of voters, who shall be given 3 days to complete the documents (unless otherwise provided by this Law). The corrected documents shall be verified and the issue of registration shall be decided within 2 days from the submission of the documents (unless otherwise provided by this Law). In the event of refusal of registration, the chairperson of the electoral commission shall immediately notify his/her decision to the representative of the party/initiative group of voters, who shall have the right to receive this decision upon request.
Article 40. Initiative group of voters🔗
1. An initiative group of voters shall consist of not less than 5 members.
2. A member of an initiative group of voters may be a citizen of Georgia from the age of 18. A member of an initiative group of voters may not simultaneously be a member of another initiative group of voters and/or an electoral subject/candidate for electoral subject status.
3. An initiative group of voters shall have the right to nominate only one candidate.
4. Violation by an initiative group of voters of the requirements established by paragraphs 1–3 of this article shall be grounds for establishing a defect in accordance with the procedure defined by Article 39 of this Law.
Article 41. Lists of supporters🔗
1. Support for the initiative of an electoral subject to participate in elections shall be confirmed by voters by signature on a supporters' list form.
2. The sample of the supporters' list form shall be established by the CEC by order.
3. The supporters' list form shall indicate the voter's:
a) name and surname;
b) date of birth (day, month, year);
c) personal number of a citizen of Georgia;
d) date of signature;
e) signature.
4. The supporters' list form shall indicate the name, surname, personal number and contact telephone number of the person responsible for collecting signatures, as well as the date of completion of the form, and these data shall be confirmed by the signature of this person.
5. In the upper left corner of the supporters' list form, the name (name and surname) of the electoral subject whose initiative to participate in elections is supported by the voter shall be indicated.
Article 42. Verification of supporter lists🔗
1. The supporter lists of a party shall be verified by the CEC, and the supporter lists of other candidates – by the relevant district election commission.
2. The election commission shall sequentially verify the signatures on the supporter list form. If the number of supporter signatures is found to be less than the established minimum number, or, taking into account the signatures invalidated as a result of the verification, the number of supporter signatures is found to be less than the established minimum number, the invalidated part of the supporter list shall be returned to the relevant election subject and it shall be given a 3-day period to remedy the deficiencies. The corrected part of the supporter list submitted by the election subject shall again be verified by the election commission in the above manner. If the number of supporter signatures is again found to be less than the established minimum number, the supporter list shall be invalidated in full and the election subject shall be refused electoral registration by order of the chairperson of the election commission.
3. A voter's signature in the supporter list shall be considered invalid if:
a) the first and last name are not indicated or are indicated incompletely;
b) the date of birth (day, month, year) is not indicated or is indicated incompletely;
c) the date of signature is not indicated or does not correspond to the deadline for drawing up the supporter list determined by this Law;
d) the signature is absent or was made by another person, and this is confirmed in writing by the voter in whose place the signature was made;
e) a voter registered in another election district is included as a supporter in the supporter list of a candidate submitted in an election district;
f) the signatory confirms by an application submitted to the relevant election commission that the signature was made by deception, threat or coercion, and his/her signature on the application was certified in notarial form;
g) the personal number of a citizen of Georgia is indicated incompletely or incorrectly.
4. All signatures made on a form that has not been certified by the person responsible for collecting signatures, or in which the data provided for by paragraph 4 of Article 41 of this Law are not indicated or are indicated incompletely, shall be invalid.
5. The person responsible for collecting signatures shall be personally liable for the authenticity of the data (information) indicated on the relevant form, his/her own signature and the signature of the supporter. In case of violation of this requirement, he/she shall personally bear the liability provided for by law.
6. Verification of a party's supporter list shall be completed within 10 days from its submission, and that of a candidate's supporter list – within 3 days from its submission.
7. A representative of the election subject shall have the right to attend the process of verification of the supporter list.
8. Only CEC members, members of the respective district election commissions and employees of the relevant CEC service shall have the right to review the lists of supporters, and in the event of filing a claim in court – also the court. The lists of supporters shall be destroyed within 10 days after the expiry of the time limit for filing a claim in court in respect of election registration.
Article 43. Determination of the ordinal number of an electoral subject🔗
1. The ordinal number of an electoral subject shall be determined in accordance with the procedure established by this Article, for voters' initiative groups – not later than the 30th day before the election day, and for the parties provided for by this Article – not later than the 55th day before the election day. For the purpose of determining the ordinal number of an electoral subject, the relevant procedures shall be conducted in the building of the respective election commission, in the presence of persons entitled to attend the sittings of the election commission.
2. Political unions that received the most funding in the previous parliamentary elections shall have the right to choose the ordinal number first. A representative of a political union shall submit an application to the CEC not later than 17 July of the year of the general elections. The right to choose an ordinal number shall be held successively, according to the results of the previous parliamentary elections, by the political unions with the best funding. They shall have the right to retain the ordinal number assigned to them during the previous parliamentary elections in accordance with paragraph 3 of this Article, or the number corresponding to the funding order, or to choose any unallocated ordinal number, except where the ordinal number that was assigned to them during the previous parliamentary elections has already been assigned to a political union with better funding than theirs.
3. An electoral subject/candidate for electoral subject status that received 0.75 per cent or more of the votes in the last general elections held under the proportional electoral system shall have the right, not later than 17 July of the year of the general elections, to apply to the respective election commission and request participation in the elections with the ordinal number that was assigned to it during the last general elections, except where the ordinal number that was assigned to it during the last general elections has already been assigned to a political union (party) provided for by paragraph 2 of this Article.
4. An electoral subject/candidate for electoral subject status that does not apply to the respective election commission regarding the use of the ordinal number assigned in accordance with the procedure established by paragraphs 2 and 3 of this Article, as well as a party provided for by paragraph 1 of Article 149 of this Law that fails to meet the requirements of paragraphs 2 and 3 of this Article, shall be assigned an ordinal number by lot, not later than 55 days before the election day.
5. For the purpose of drawing lots, the chairperson of the election commission shall write, on sheets of the same form and type and with the same writing means, numbers corresponding to the number of parties participating independently in the elections. Natural numbers (1, 2, 3, etc.) shall be used for ordinal numbers. If the ordinal number of an election subject entitled to choose an ordinal number is greater than the number of election subjects and it has retained this number, the ordinal number of this subject shall be written instead of the highest ordinal number. Each sheet shall be certified with the seal of the election commission. After the sheets have been certified, the ordinal numbers selected in accordance with the procedure established by this article shall be set aside separately. All remaining sheets shall be folded in such a way that it is impossible to read the numbers written on them. The chairperson of the CEC shall place the completed sheets in a transparent box, from which representatives of the parties shall take them one by one in accordance with the order in which they passed election registration. The drawn number shall become the ordinal number of the election subject.
6. A mayoral candidate/majoritarian candidate nominated by a party shall have the same ordinal number as that assigned to the party nominating him/her.
7. A candidate nominated by an initiative group of voters shall be assigned an ordinal number by drawing lots by the respective district election commission. For the purpose of drawing lots, the chairperson of this district election commission shall write, on sheets of the same form and type and with the same writing means, in a number corresponding to the majoritarian candidates/mayoral candidates nominated by the initiative group of voters in the election district, numbers which begin from the number following the highest ordinal number assigned to the parties participating in the elections. Each sheet shall be certified with the seal of the said district election commission. All sheets shall be folded in such a way that it is impossible to read the numbers written on them. The chairperson of the respective district election commission shall place the completed sheets in a transparent box, from which representatives of the initiative group of voters shall take them one by one. The drawn number shall become the ordinal number of the election subject.
8. If a party has been assigned an ordinal number in accordance with the procedure established by this law and has been refused election registration or its election registration has been cancelled, the remaining election subjects shall retain the ordinal number assigned to them.
9. During interim elections/extraordinary elections of the executive body of a municipality − the mayor, the election subject shall retain the ordinal number that it had been assigned during the respective general elections. If the election subject does not have an ordinal number for the interim elections/extraordinary elections of the executive body of a municipality − the mayor, it shall be assigned an ordinal number by drawing lots, in accordance with the procedure established by this article.
10. The CEC shall publish the registered party lists, as well as the data on the registered mayoral candidate/majoritarian candidate that are to be entered in the election ballot, on its official website no later than the 25th day before the polling day.
Article 44. Local and International Observers🔗
1. Local and international observer organizations that meet the conditions established by this Law and are registered with the Central Election Commission (CEC) or the relevant district election commission shall have the right to observe elections.
2. A local observer organization may be a local non-entrepreneurial (non-commercial) legal entity registered in accordance with the legislation of Georgia no later than 1 year before polling day, whose charter or other founding document, at the time of registration, provides for election monitoring and/or human rights protection, and which is registered with the CEC or the relevant district election commission for the purpose of observing elections, except for a local non-entrepreneurial (non-commercial) legal entity whose head or a member of the governing body provided for by the charter/other founding document is at the same time a person authorized to lead/represent any party or a member of the governing body provided for by the charter, or a donor to any party during the last 4 years.
3. A local observer organization shall observe elections through the organization's representative – a local observer. One organization shall have the right to have no more than 1 observer at a polling station at the same time.
4. A local observer of a local observer organization may be a citizen of Georgia from the age of 18, except for persons provided for by paragraphs 1 and 2 of Article 49 of this Law.
5. An international observer organization may be a representative of another state, an organization registered in another state, or an international organization whose founding document/charter provides for election monitoring and/or human rights protection and whose activities are based on the following internationally recognized principles:
a) respect for the legislation of Georgia, sovereignty and international human rights norms;
b) refraining from interfering with the electoral process;
c) political impartiality;
d) financial independence from participants in the electoral process and transparency of funding sources;
e) compliance with the provisions recognized by the Declaration of Principles for International Election Observation.
6. An international observer organization shall be registered with the CEC for the purpose of observing elections. At the same time, the CEC shall be entitled, when registering an organization, to request the submission of additional information that will make it possible to determine the compliance of the organization's activities with the principles provided for by paragraph 5 of this Article. An international observer organization shall observe elections through the organization's representatives – international observers. One organization shall have the right to have no more than 2 international observers at a polling station at the same time.
7. An interpreter may accompany the international observers defined by paragraph 6 of this Article, and shall be registered together with them in the CEC.
Article 45. Registration of Observer Organizations🔗
1. An international observer organization, as well as a local observer organization that carries out observation in more than one election district, shall be registered by the CEC.
2. A local observer organization that carries out observation in one election district shall be registered by the respective district election commission.
3. For the purpose of registration, a local observer organization shall, no later than the 10th day before election day, apply to the respective election commission and submit to it an extract from the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities. The application shall indicate the name(s) of the election district(s) in which this organization carries out observation. The election commission shall decide the issue of registration of the observer organization within 5 days after receipt of the application. In the case of applying on the last day of registration, the secretary of the respective election commission shall also be submitted an application on the appointment of observers provided for by paragraph 8 of this Article and a list of observers.
4. The extract provided for by paragraph 3 of this Article, prepared by the Legal Entity of Public Law operating in the area of governance of the Ministry of Justice of Georgia – the National Agency of Public Registry, shall be issued within the last 10 days before submission of the application to the election commission. This extract shall indicate the person(s) authorized to manage/represent the organization.
5. For the purpose of registration, an international observer organization shall, no later than the 7th day before election day, apply to the CEC and submit to it a copy of the founding document. If the observer (group of observers) is a representative of a state authority of another state, he/she shall submit only an application. The CEC shall, within 5 days after receipt of the application, but no later than the 4th day before voting day, decide the issue of registration of the organization, observer (group of observers) defined by this paragraph.
6. An election commission shall not be entitled to refuse registration to an observer organization if it meets the requirements established by this Law. The order of the election commission on refusal of registration shall be reasoned and shall be delivered to the observer organization no later than the next day after the decision is made. The order of the election commission may be appealed to a court within 2 days after its receipt; the court shall make a decision within 2 days.
7. An international observer organization registered by the CEC shall, no later than the 2nd day before voting day, submit to the CEC secretary information on observers and photocopies of their identity documents. The CEC shall establish the content and form of this information by order.
8. A local observer organisation registered by the CEC shall, not later than the 10th day before polling day, submit to the CEC Secretary, in the form established by the CEC, an application on the registration of observers in election commissions. This application shall state that the observers included in the list submitted by it meet the requirements established by paragraphs 1 and 2 of Article 49 of this Law, and shall also contain the list of observers appointed to the CEC and the district and precinct election commissions (indicating surname, name, address (according to the identity card of a citizen of Georgia or the Agency's database) and the personal number of a citizen of Georgia) and a photocopy of the identity card of a citizen of Georgia or the passport of a citizen of Georgia of each of them. A local observer organisation registered by the district election commission shall, within the same period and in the same form, submit to the secretary of the district election commission the list of observers appointed to the district election commission and/or the subordinate precinct election commissions and the said documents.
9. Where a person authorised to lead/represent a registered local observer organisation is registered as an election subject and/or as a representative of an election subject, the local observer organisation shall, not later than 5 calendar days after the registration, submit to the relevant election commission a document confirming that the person authorised to lead/represent the observer organisation registered as an election subject/representative of an election subject has been or will be deprived of his/her authority. Failure to submit this document shall be grounds for cancelling the registration of the said observer organisation.
10. If an observer organisation fails to submit information on observers/an application on the registration of observers within the period established by paragraph 7 or 8 of this Article, the registration of the relevant observer organisation shall be considered cancelled from the day following the expiry of the said period.
11. A local observer registered with the CEC shall be entitled, in compliance with the procedure established by paragraph 3 of Article 44 of this Law, to observe in any election commission of any level.
12. The secretary of an election commission shall, not later than the 2nd day after the submission of the list of observers, register an observer submitted in compliance with the requirements of this Law and hand over to the observer organisation an observer's certificate, which is at the same time a badge.
13. An observer of a local observer organisation in a district election commission and an observer who observes at an election precinct located in the territory of an election district shall be entitled, on polling day, in compliance with the procedure established by paragraph 3 of Article 44 of this Law, to observe at any election precinct located in the territory of the relevant election district.
14. If an observer organization applies to the relevant commission with an application regarding the cancellation of the registration of a registered observer organization/appointed observers, the registration of the relevant observer organization/observers shall be deemed cancelled from the day following the submission of the said application.
Article 46. Rights of an observer🔗
1. An observer shall have the right to:
a) attend and observe sittings of the election commission;
b) be present in the polling building at any time on polling day, move without restriction within the territory of the electoral precinct and freely, without hindrance, observe all stages of the polling process from any place;
c) be replaced at any time on polling day by another registered representative of the observer organisation that nominated him/her (if any);
d) participate in the inspection of ballot boxes before their sealing and after their opening;
e) observe the registration of voters in the voter lists, the issuance and certification of ballot papers and special envelopes for the polling process without hindering it;
f) observe the process of registration of complaints on polling day;
g) attend the procedures for counting voters' votes and summarising the results;
h) observe the process of voting by means of a mobile ballot box;
i) observe the counting of voters' votes in conditions that ensure that the ballot paper can be seen;
j) observe the drawing up by the election commission of the summary protocol of polling results and other documents;
k) address the chairperson of the precinct election commission with a statement/complaint on matters relating to voting and polling procedures, by which, in the event of recording a specific violation, he/she demands a response;
l) require a voter to show how many ballot papers and special envelopes he/she has in his/her hands;
m) challenge the action of the election commission in the manner established by the legislation of Georgia;
n) observe the ballot box, the placing of special envelopes in the ballot box, the opening of ballot boxes, the counting of ballot papers and the drawing up of protocols;
o) familiarise himself/herself with the summary protocols of polling and election results drawn up by the election commissions, and request and receive copies of these protocols from the relevant election commission.
2. An observer shall not have the right to:
a) interfere in the functions and activities of the election commission;
b) influence the free expression of the will of voters;
c) conduct agitation for or against any electoral subject;
d) wear the symbols and insignia of any electoral subject;
e) be present in the polling building on polling day without a badge;
f) violate other requirements of this Law.
3. Responsibility for the violation of the rights granted by this Law to local/international observers, representatives of electoral subjects and the media, or for interference in their activities, shall be determined in the manner established by the election, administrative and/or criminal legislation of Georgia.
4. Violation by observers, representatives of electoral subjects and the media of the requirements of subparagraphs „a“–„d“ of paragraph 2 of this Article shall entail the imposition on them of responsibility in the manner established by the election legislation of Georgia.
5. The election commission shall be obliged to create all conditions for an observer to be able to exercise his/her own powers in relation to all procedures taking place in the election commission, including during the counting of ballot papers and the summarising of results.
Article 47. Representative of an election subject and his/her powers🔗
1. A representative of an election subject (a party participating in elections, an initiative group of voters) shall represent the election subject only in relations with the election commission in which he/she is registered in accordance with this Law.
2. A party participating in elections shall have the right, during one or several types of elections, to appoint only two representatives in each election commission. During elections to municipal bodies, an initiative group of voters shall have the right to appoint two representatives in the respective district and precinct election commissions. Representatives appointed to the CEC and a district election commission may not simultaneously be appointed to another election commission.
3. A representative of an election subject may be a capable citizen of Georgia from the age of 18, except for persons provided for by paragraph 3 of Article 49 of this Law.
4. An election subject defined by paragraph 2 of this Article shall apply to the Chairperson of the CEC with an application on the appointment of a representative to the CEC. If the relevant information is submitted in full, the Chairperson of the CEC shall, within 24 hours, register the representative of the election subject by an order and issue a representative's certificate, which shall at the same time be a badge.
5. An election subject defined by paragraph 2 of this Article shall apply with an application on the appointment of a representative to a district election commission to the Secretary of the CEC, and on the appointment of a representative to a precinct election commission − to the Secretary of the respective superior district election commission. If the relevant information is submitted in full, the Secretary of the respective election commission shall, within 24 hours, register the representative of the election subject by an order and issue a representative's certificate, which shall at the same time be a badge.
6. An application on the appointment of representatives of an initiative group of voters to the respective election commissions shall be submitted to the Secretary of the election commission whose Chairperson registered the initiative group of voters.
7. An application on the appointment of a representative of an election subject shall be signed by the head person of the party or a person authorised by him/her, and in a superior election commission − by a representative of the initiative group of voters. Such application shall indicate the surname, name, address (according to the identity card of a citizen of Georgia or the Agency's database) and contact telephone number of the representative of the election subject. The said application shall be accompanied by a photocopy of the identity card of a citizen of Georgia or the passport of a citizen of Georgia of the representative of the election subject.
8. Only one representative of an electoral subject has the right to attend the sittings of the relevant election commission, to request the floor and the expression of an opinion, the adoption of a decision on a particular issue, and to enjoy other rights established by this Law. On polling day, a representative of an electoral subject shall enjoy without restriction the rights provided for by paragraph 1 of Article 46 and paragraph 3 of Article 73 of this Law.
9. An electoral subject has the right to have no more than 1 representative at a polling station at the same time on election (polling) day.
10. An electoral subject has the right, at any time not later than the 10th day before polling day, to appoint/recall/replace its representative. The electoral subject shall notify the relevant election commission thereof.
Article 48. Representatives of the Press and Other Mass Media🔗
1. During the election period, representatives of the press and other mass media accredited with the respective election commission shall have the right to attend sessions of election commissions and to be present in polling buildings on polling day.
2. Accreditation of representatives of the press and other mass media working in the territory of several election districts shall be carried out by the CEC Secretary or by the secretaries of the respective district election commissions, while accreditation of representatives working only in the territory of one election district shall be carried out by the secretary of the respective district election commission.
3. An application for accreditation of representatives of the press and other mass media shall be submitted to the respective election commission no later than the 10th day before polling day. The application shall be accompanied by photocopies of the representatives' identity cards or passports. In the case of an application by an organization, the application shall be accompanied by an extract from the Register of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, which was issued by the Legal Entity of Public Law operating in the area of governance of the Ministry of Justice of Georgia – the National Agency of Public Registry – within the last 10 days before the submission of the application to the election commission. The person (persons) authorized to manage/represent the organization shall be indicated therein. The extract referred to in this paragraph shall not be required for accreditation by foreign press and other mass media, the public broadcaster, and the Adjara Television and Radio of the Public Broadcaster.
4. Within 2 days after submission of the application, the secretary of the respective election commission shall decide the issue of accreditation of representatives of the press and other mass media and, within 1 day after making the decision, shall issue the appropriate certificate to the accredited representatives, or, in the case of refusal of accreditation, shall issue the appropriate order within the same period (the refusal in the order shall be reasoned).
5. If a person authorized to manage/represent an accredited press or other mass media is registered as an election subject and/or as a representative of an election subject, the press/other mass media shall, no later than 5 calendar days after registration, submit to the respective election commission a document confirming that the authority of the person authorized to manage/represent the press/other mass media registered as an election subject/representative of an election subject has been or will be terminated. Failure to submit this document shall be grounds for cancellation of the accreditation of the said press/other mass media.
6. On election (polling) day, one organization of the press and other mass media shall have the right to have no more than 2 representatives simultaneously at an election precinct.
7. A representative of the press and other mass media must be at least 18 years old at the time of accreditation, except for a person provided for by paragraph 1 of Article 49 of this Law.
Article 49. Requirements established for a local observer of a local observer organisation, for a representative of the press or other mass media and for a representative of an election subject🔗
1. A local observer of a local observer organisation / a representative of the press or other mass media defined by this Law may not simultaneously be:
a) a state-political official provided for by the Law of Georgia on Public Service;
b) a member of the representative body of a municipality – the Sakrebulo;
c) the executive body of a municipality – the mayor, the deputy mayor of the municipality;
d) a judge;
e) an employee of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the General Inspectorate of the Ministry of Justice of Georgia, the Special Penitentiary Service – a state sub-agency institution within the system of the same Ministry, the State Security Service of Georgia, the Special State Protection Service;
f) an official of the prosecutor's office;
g) a person who, since the appointment of the elections, was/is an election subject/a candidate for election subject status and/or his/her representative;
h) a member of an election commission;
i) an observer of another observer organisation/a representative of the press or other mass media (in the case of a local observer of a local observer organisation);
j) a representative of the press or other mass media/the head person of an observer organisation, an observer (in the case of a representative of the press or other mass media);
k) a person who, since the appointment of the elections, was/is a head person of a party;
l) a person who, for violation of the election legislation of Georgia, was dismissed by an election commission or a court from a position held in the election administration of Georgia – for 4 years from the day of dismissal from the position;
m) a person who, for violation of the election legislation of Georgia, was recognised by a court as an administrative offender – for 4 years from the entry into legal force of the court judgment.
2. A local observer of a local observer organisation may also not be a person who:
a) after the appointment of either of the last two general elections held or of the last two by-elections held, was a member of an election commission appointed by a party, an election subject or a representative of an election subject;
b) since the beginning of the year of the last general elections held or since the beginning of the year of the last by-elections held, was a donor of any party.
3. The following may not be appointed as a representative of an election subject:
a) a person who, since the appointment of the elections, was/is an election subject or a candidate for election subject status;
b) a representative of another election subject;
c) a member of an election commission;
d) a local observer, an international observer;
e) a representative of the press or other mass media;
f) the person heading an observer organisation;
g) a person whom the election commission or a court has dismissed from a position held in the election administration of Georgia for violation of the election legislation of Georgia, – for 4 years from the day of dismissal from the position;
h) a person whom a court has recognised as an administrative offender for violation of the election legislation of Georgia, – for 4 years from the entry into legal force of the court judgment.
4. In the case of registration as a candidate for membership of the Parliament of Georgia / membership of the representative body of a municipality – the Sakrebulo / for the office of mayor, a person's registration as a representative of an election subject, as an observer of an observer organisation, as a representative of the press or another mass media outlet shall be annulled (if such registration exists).
Article 50. Pre-election campaign (agitation)🔗
1. The pre-election campaign (agitation) shall begin 60 days before the polling day. Parties and candidates for electoral subject status shall enjoy equal rights and bear equal obligations in accordance with the procedure established by this Law.
2. During the pre-election campaign (agitation) period, a party, a candidate for electoral subject status and an electoral subject shall have the right to produce pre-election appeals, statements, inscriptions, leaflets, photo materials and other materials. It shall be prohibited to obstruct their distribution and to seize them, as well as to seize motor vehicles intended for agitation and other means equipped with special devices and to obstruct their use for conducting pre-election agitation.
3. A party, a candidate for electoral subject status, an electoral subject and their supporters shall have the right to come forward with a programme of future activities. An election programme shall not contain propaganda of war and violence, calls for the violent change or overthrow of the existing state and social order, for violation of the territorial integrity of Georgia, for national discord and enmity, or for religious and ethnic confrontation. Violation by the persons defined by this paragraph of the rules established by the same paragraph shall constitute a violation of the rules for conducting the pre-election campaign (agitation) provided for by this Law.
4. Any person shall have the right to conduct pre-election agitation and to participate in it, except:
a) a member of an election commission;
b) a judge;
c) civil servants of the Prosecutor's Office of Georgia, the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the General Inspectorate of the Ministry of Justice of Georgia, the State Security Service of Georgia and the Special State Protection Service;
d) the Auditor General;
e) the Public Defender of Georgia;
f) a citizen of a foreign country and an organisation;
g) charitable and religious organisations;
h) a public servant – during working hours and/or when he/she directly exercises official powers;
i) members of the National Communications Commission of Georgia and the Georgian National Energy and Water Supply Regulatory Commission;
j) an employee of a legal entity of public law (except higher and vocational educational institutions, art institutions, religious organisations and the Georgian Bar Association), an employee of a non-entrepreneurial (non-commercial) legal entity founded by the state or a municipality, the director, educator-pedagogue, educator, teacher, or other person employed in the said institution of a pre-school upbringing and education institution or general education institution founded by the state or a municipality – during working hours and/or when he/she directly exercises official powers;
k) the head of an observer organisation and an observer.
5. It shall be prohibited to conduct a pre-election campaign (agitation) in the buildings of the following institutions:
a) institutions of the executive authority of Georgia;
b) courts;
c) military units.
6. During the pre-election campaign period, municipal bodies shall be obliged to assist parties/election subjects in organizing and holding meetings and assemblies with voters, public debates and discussions, gatherings and manifestations, and shall ensure the safety of these events.
7. It shall be prohibited for the organizer to conduct pre-election agitation at an event/presentation organized with funding from the State Budget of Georgia/municipal budget. The said action shall be considered use of administrative resources.
8. For holding mass election events, buildings under the management of state authorities or municipal bodies shall be allocated free of charge to election commissions.
9. Municipal bodies shall be obliged, within 5 days from the start of the pre-election campaign, to compile a list of buildings and structures where the pre-election campaign (agitation) may be held, and to transmit it to the district election commission. The district election commission shall be obliged to make public the list of buildings and structures allocated by the municipal bodies within 2 days from its receipt, to ensure equal access to these buildings and structures for all parties and election subjects, and, in agreement with them, to draw up a schedule for holding election events (if the events coincide and the election subjects fail to reach agreement, the sequence of holding the events shall be determined by lot). The list of buildings and structures allocated by the municipal bodies shall also be published on the official website of the CEC.
10. The district election commission shall, in writing and with reasoning, respond to the relevant application of an election subject regarding a request for the use of a building or structure no later than 24 hours from the application. Failure to respond within this period shall be considered consent to the application.
11. It shall be prohibited to conduct pre-election agitation in the polling building on polling day.
12. It shall be inadmissible to place campaign material within 25 metres of the entrance to the polling building. This material shall be subject to removal/dismantling/taking down. It shall also be inadmissible, on polling day, to physically obstruct the movement of a voter in the polling building or within 100 metres of the polling building, as well as, on polling day, to gather people or register voters within 100 metres of the polling building.
13. Paragraph 12 of this Article shall not apply to activities carried out for the purpose of an exit poll.
Article 51. Campaign material🔗
1. Campaign material may be displayed on buildings and other objects with the consent of their owners or possessors.
2. It is prohibited to place/affix campaign material on buildings of worship, cultural heritage buildings, in the interiors and exteriors of the buildings of state authorities and municipal bodies, courts, the prosecutor's office, military facilities, the police, the State Security Service of Georgia, the Intelligence Agency — a state sub-agency institution within the governance sphere of the State Security Service of Georgia — and the units of the Special State Protection Service, as well as on road signs.
3. It is prohibited to hold a totalizator on any issue related to elections.
4. Municipal bodies shall, taking into account paragraph 2 of this article, determine the list of buildings on which the placement/affixing of campaign material is prohibited, and allocate places and/or set up stands for affixing and displaying campaign material. The stand shall be of such size as to ensure equal conditions for all election subjects when displaying campaign material.
5. Municipal bodies shall publish information about the places allocated and/or the stands set up for affixing and displaying campaign material in accordance with this article no later than 10 days from the day of the appointment of elections.
6. Printed campaign material shall indicate the names and addresses of the producing and ordering organizations, and information about its print run, serial number and date of issue. It is prohibited to distribute printed campaign material without indicating this information. An election subject shall be obliged to indicate the serial number on printed campaign material only after the said number has been assigned.
7. Copies of printed campaign material shall be submitted to the election commission in which the election subject has passed electoral registration, no later than the 5th day from the date of issue of the campaign material indicated in paragraph 6 of this article.
8. It is inadmissible and punishable in accordance with the procedure established by this law to remove, tear down, cover or damage campaign material, if it is not placed in a prohibited place.
9. The relevant election subject shall, within 15 days from the official publication of the final election results, ensure the removal of campaign material. Otherwise, it shall be held liable as provided by the legislation of Georgia.
Article 52. Bribery of Voters🔗
1. From the publication of the relevant legal act on the scheduling of elections through the day of voting inclusive, and, if a second round of elections is necessary, from the publication of the relevant legal act on the scheduling of elections through the day of voting in the second round inclusive, the following is prohibited:
a) by electoral subjects, candidates for electoral subject status and their representatives, personally or through any other person, the transfer to citizens of Georgia of money, gifts and other material valuables (regardless of their value), the sale of goods at a preferential price, the free supply or distribution of any goods (except campaign materials provided for by this Law), as well as inducing citizens of Georgia by promising the transfer of money, securities and other material valuables (regardless of their value);
b) performance by natural persons and legal entities, using personal funds and/or funds of an electoral subject, of such work or provision of such services (except performance of work or provision of services obtained in accordance with the procedure established by the Law of Georgia “On Public Procurement”) which, in accordance with the legislation of Georgia, falls within the competence of the state authorities of Georgia and/or municipal bodies.
2. An electoral subject that, directly or through its representative or any other natural person or legal entity acting in its favor, carried out the prohibited activity provided for by this article shall have its electoral registration cancelled by a court judgment in the event such facts are confirmed.
Article 53. Prohibition of the use of administrative resources in the process of conducting pre-election agitation and pre-election campaign🔗
1. During the pre-election campaign period, any person entitled to participate in pre-election agitation as determined in accordance with paragraph 4 of Article 50 of this Law shall be prohibited from using administrative resources in the process of conducting pre-election agitation and pre-election campaign in support of or against any party, candidate for electoral subject status, or electoral subject, including:
a) the use of buildings occupied by state authorities and municipal bodies, as well as of buildings occupied by those organizations which are financed from the State Budget of Georgia, if other parties, candidates for electoral subject status, or electoral subjects do not have the possibility to use buildings of the same or analogous purpose under the same conditions;
b) the use of communication means, information services and various types of equipment designated for state authority institutions or for municipal bodies and those organizations which are financed from the State Budget of Georgia (except for parties);
c) the use of transport vehicles owned by state authorities or municipal bodies;
d) the gathering, on official grounds, of public servants, employees of legal entities of public law, employees of non-entrepreneurial (non-commercial) legal entities founded by the state or municipality, directors, educator-pedagogues, educators, teachers of pre-school upbringing and education institutions and general education institutions founded by the state or municipality, and other persons employed in the said institutions.
2. The restriction provided for by subparagraph "c" of paragraph 1 of this Article shall not apply to the case of the use by state-political officials of their official cars, the protection of which is ensured by the Special State Protection Service in accordance with the procedure established by law.
Article 54. Interagency Commission under the Ministry of Justice of Georgia🔗
1. For the purpose of preventing violations of the electoral legislation of Georgia by public servants and responding to violations, an Interagency Commission shall be established under the Ministry of Justice of Georgia.
2. In the case of regular general elections, the Interagency Commission shall be established no later than 1 July of the election year, and in the case of extraordinary elections or repeat elections of the Parliament of Georgia, within 3 days from the appointment of the elections.
3. The Interagency Commission shall terminate its activities from the day of the official publication of the final election results by the CEC.
4. The composition of the Interagency Commission shall be determined by an order of the Minister of Justice of Georgia, and the rules of procedure for the activities of the Interagency Commission shall be determined by the Commission's statute, which shall be approved by the Minister of Justice of Georgia. The Interagency Commission shall convene upon convocation by the chairperson of the Commission, as necessary, but not less than once every 2 weeks, and after the expiry of the registration period for electoral subjects, at least once a week.
5. Parties receiving funding from the State Budget of Georgia, as well as, on a one-time basis, other political associations that provide the Commission with information about violations of the electoral legislation of Georgia by public servants at the meeting at which the relevant issue is considered, shall participate in the activities of the Interagency Commission with the right of an advisory vote.
6. The Interagency Commission shall consider issues related to information disseminated by the media concerning facts of violations of the electoral legislation of Georgia by public servants, as well as information about violations provided to the Commission by political associations (electoral subjects) or observer organizations.
7. For the purpose of ensuring publicity of the activities of the Interagency Commission, representatives of local and international observer organizations may be invited to a meeting of the Commission.
8. In the event of confirmation of a fact of violation of the electoral legislation of Georgia by a public servant, the Interagency Commission shall be entitled to apply with a recommendation to any public servant, administrative body, or the CEC, requesting the implementation of appropriate measures within a reasonable time.
Article 55. Prohibition of the use of budgetary funds, official or service position🔗
1. A person entitled to participate in pre-election agitation who holds a position in a state authority or local authority body shall be prohibited from using his/her official or service position in the process of conducting pre-election agitation and campaign in support of or against any party, a candidate of election subject status, an election subject, which for the purposes of this Article implies:
a) involving a person who is subordinate in service or otherwise dependent in such activity as facilitates the nomination and/or election of a candidate;
b) collection of signatures and conduct of pre-election agitation during service trips funded by a state authority or a municipal body;
c) conduct of pre-election agitation during working hours and/or in the performance of service functions.
2. The restriction provided for by subparagraph „c“ of paragraph 1 of this Article shall not apply to political officials as defined by this Law, as well as to the case of the use of time allocated for pre-election agitation by television and radio broadcasting.
3. From the 60th day before the election day through the election day inclusive, it shall be prohibited to implement such projects/programmes as were not previously provided for in the budget of the state of Georgia, the republican budget of an autonomous republic or a municipality, except where the projects/programmes are financed within the framework of the allocations provided for by the relevant programme code of the respective budget not less than 60 days before the election day and/or with funds allocated from those allocations, as well as with funds allocated by donors. In the event of violation of the rule established by this paragraph, an authorised person may apply to a court and request suspension of expenses.
4. A state authority or a municipal body shall be prohibited, from the 60th day before the election day through the election day inclusive, from placing on a broadcaster's air such an advertising video clip as contains information about work performed or planned by the respective agency.
5. From the 60th day before the election day through the election day inclusive, it shall be prohibited to increase the amounts of social benefits (pension, social assistance, allowance and others), except for benefits the increase of the amounts of which was provided for by the legislation of Georgia not less than 60 days before the election day, as well as to establish such social benefits (pension, social assistance, allowance and others) and/or privileges as were not provided for by the legislation of Georgia not less than 60 days before the election day. In the event of violation of the rule provided for by this paragraph, an authorised person may apply to a court and request suspension of expenses.
6. The operation of paragraphs 3 and 5 of this article shall not extend to measures for the liquidation of the consequences of a natural disaster or other force majeure circumstance, or to the financing, in accordance with this Law, by state and/or municipal bodies of the arrangement of a polling building and/or repair works.
7. During interim elections, the operation of paragraphs 3–6 of this article shall extend only to those electoral districts where interim elections are held.
8. During the pre-election campaign period, it is prohibited to produce, with funds from the state budget of Georgia/municipal budget, such campaign material, video or audio material, or to create a website or part thereof, in which/on which this or that electoral subject/party or its ordinal number of participation in the elections is reflected and/or which contains information in support of/against this or that electoral subject/party. During the same period, it is prohibited to use an electoral subject/party or its ordinal number in social advertising produced with funds from the state budget of Georgia/municipal budget.
9. From the expiry of the registration period of electoral subjects until the end of the polling day, personnel changes of the heads of a municipal body, the police and the prosecution are prohibited, except in cases of the expiry of their term of office and/or their violation of the law.
Article 56. General regulation of media coverage of the pre-election campaign🔗
1. The holder of a broadcasting licence, an authorised broadcaster, the public broadcaster, Ajara Television/Radio of the Public Broadcaster shall, for the purpose of publication on the website, submit to the CEC and the Georgian National Communications Commission, within 5 calendar days from not later than the 60th day before the polling day, information on airtime tariffs for the placement of paid pre-election advertising. These tariffs shall enter into force from the 50th day before the polling day. The relevant tariff may be changed once, not later than the 35th calendar day before the polling day, except in the case provided for by this Law. In the event of a change of tariff, the new tariff shall be sent to the Georgian National Communications Commission for the purpose of publication on the website. This tariff shall enter into force on the 30th calendar day before the polling day. The relevant person referred to in this paragraph shall, from the 50th day before the polling day, start placing advertising subject to the following conditions:
a) in the event of allocation of airtime by a broadcaster for pre-election agitation and political advertising, to publicly announce and submit to the Georgian National Communications Commission on a weekly basis the following information: from which date to which date and at what frequency airtime is allocated, the duration and schedule of the time allocated during 1 day, and the service rendered;
b) the paid time allocated by a television or radio company during 1 day shall not exceed 15 per cent of the total volume of its daily broadcasting, and more than one third of this time shall not be allocated to any single electoral subject. The tariff for paid time shall be the same for all electoral subjects;
c) when publishing political/pre-election advertising, the inscription "paid political advertising" or "free political advertising" shall appear in the corner of the frame. Such advertising shall have sign-language interpretation, the provision of which shall be the obligation of the electoral subject submitting the advertising;
d) during the period provided for by this paragraph, not to allow political advertising to be placed at any other time, except in the interval of the time allocated for this purpose.
2. If the date of the elections coincides with a state of emergency or martial law declared throughout the entire territory of the country, or if early elections are called, the holder of a broadcasting licence, an authorised broadcaster, the public broadcaster, Ajara Television/Radio of the Public Broadcaster shall, for the purpose of publication on the website, submit to the CEC and the Georgian National Communications Commission, not later than 40 days before the polling day, the airtime tariffs for the placement of paid pre-election advertising. These tariffs shall enter into force on the 35th calendar day before the polling day. The relevant person referred to in the first paragraph of this Article shall, from the 35th day before the polling day, start placing advertising subject to the conditions set out in subparagraphs "a"–"c" of the same paragraph.
3. From the announcement of the elections until the summarisation of the election results, newspapers financed from the central or local budget shall comply with the following conditions:
a) in the event of allocation of newspaper space by a newspaper for pre-election agitation and political advertising, publish in the same newspaper on a weekly basis information: from which issue, at what periodicity and until what time the newspaper space is allocated, the size of the space allocated in 1 issue of the newspaper, in the case of allocation of free space – the size of the free part of the totally allocated space, the tariff of the space, the service rendered;
b) no electoral subject shall be granted more than one third of the allocated space in 1 issue of the newspaper or within 1 week;
c) the tariff of the space shall be the same for all electoral subjects;
d) when publishing an agitation letter and political advertising, before the title of the letter and in the corner of the advertisement there shall be an inscription "paid political advertisement" or "free political advertisement";
e) during the period provided for by this paragraph, they shall not publish political advertising in violation of the requirements established by this paragraph.
4. A newspaper, except for the newspaper provided for by paragraph 3 of this article, has the right to allocate pre-election advertising to any electoral subject on any terms.
5. If any electoral subject has not used its share of airtime or newspaper space, the holder of a broadcasting licence, an authorised broadcaster, the public broadcaster, the Ajara Television and Radio of the Public Broadcaster, and a newspaper have the right to redistribute this time or space equally among the remaining electoral subjects.
6. It is prohibited to publish the results of public opinion polls related to elections during 48 hours before the voting and until 20:00 of the voting day, except for the number of possible participants of the election and the number of participants of the election on the voting day. From the day of the appointment of the election until the publication of the final results of the election by the CEC and for 1 month from that day, when publishing the results of public opinion polls related to elections, the following shall be indicated: the customer of the poll (name according to the public or electoral register and legal address, if the customer is a legal entity or a state body; surname, name and address according to the citizen's identity card, if the customer is a natural person), whether the poll is paid or free, the organisation that conducted the poll (name according to the public or electoral register and legal address), the date of the poll, the method of the poll, the exact wording of the questions used in the poll, the margin of possible error.
Article 57. Information Support for the Conduct of a Pre-Election Campaign🔗
1. During the pre-election campaign, when broadcasting socio-political programmes and covering elections, a broadcaster shall observe the principle of impartiality and fairness in accordance with the Law of Georgia on Broadcasting, the Code of Conduct for Broadcasters and this Law.
2. Free airtime shall be granted equally, in accordance with the rules established by this Law, to those parties that received at least 3 percent of the votes in the last parliamentary elections. Free airtime shall not be granted to a party that, on the basis of paragraph 5 or 6 of Article 30 of the Organic Law of Georgia on Political Unions of Citizens, does not receive budgetary funding at the time of calling the elections.
3. A general broadcaster that decides to cover the pre-election campaign on its own air shall broadcast the pre-election debates in a non-discriminatory manner. At the same time, the broadcaster shall invite to the pre-election debates all other parties that in the last parliamentary elections showed a result similar to or better than that of the party participating in the debates.
4. The obligations established by this Law for the equal distribution of airtime, the creation of equal conditions when participating in pre-election debates, and the establishment of equal conditions for election advertising shall apply to the broadcasters referred to in paragraphs 5, 6 and 15 of this Article in relation to authorized parties.
5. The Public Broadcaster, the Public Broadcaster's Adjara Television/Radio, as well as a community broadcaster shall, in its service area, during the pre-election campaign, from the 50th day before election day, allocate 5 minutes every hour on its air for the free placement of pre-election advertising and every 3 hours place equally and non-discriminatorily the pre-election advertising submitted to it by each authorized party, provided that during this period the advertising time allocated to one election subject does not exceed 90 seconds (the election subject may divide this time into several parts). The time unused by an election subject may not subsequently be added to its other allotted time.
6. A general national broadcaster shall, during general elections, during the pre-election campaign, from the 50th day before election day, allocate 7.5 minutes every 3 hours on its air for the free placement of pre-election advertising and place equally and non-discriminatorily the pre-election advertising submitted to it by each authorized party, provided that during this period the advertising time allocated to one election subject does not exceed 90 seconds (the election subject may divide this time into several parts). The time unused by an election subject may not subsequently be added to its other allotted time.
7. The Public Broadcaster shall ensure sign language interpretation in its election-related programmes broadcast during the pre-election campaign period.
8. The Public Broadcaster, the Ajara Television/Radio of the Public Broadcaster (Legal Entity of Public Law), shall be obliged, except for an authorised party, to allocate time for the placement of pre-election advertising of all other parties, which shall be distributed equally among these parties.
9. The obligation to allocate free advertising time provided for by this Article shall, during an extraordinary election of a municipality mayor (except for the extraordinary election of the mayor of the Tbilisi City Municipality), apply only to a local broadcaster. The obligation established by this paragraph shall, during the election of the mayor of the Tbilisi City Municipality, apply to the Public Broadcaster and a general national broadcaster.
10. The National Communications Commission of Georgia shall determine the rules for the participation and use of the media in the electoral process, shall monitor the compliance by a broadcaster with the norms established by this Law and shall respond accordingly to violations of the said norms. The National Communications Commission of Georgia shall, in accordance with the procedure established by the legislation of Georgia, purchase the services necessary for carrying out media monitoring.
11. It shall be prohibited, during the 8 hours before the voting and until 20:00 of the voting day, to place and broadcast on television and radio paid pre-election advertising and/or free pre-election advertising, programmes of electoral subjects, as well as to make automated telephone calls and send short text messages for electoral purposes.
12. It shall be inadmissible for one electoral subject, within the advertising time, to place on a broadcaster's air such an advertising clip that serves the campaign purposes of another electoral subject. The advertising of an electoral subject shall not contain elements of advertising conducive to the election of another electoral subject, including its representative, ordinal number and symbols.
13. During the course of political/pre-election advertising, the sum of the unified contours of the letters designating the name of the electoral subject and the unified contours of the digits designating its ordinal number shall occupy not less than 10 per cent of the frame area. At the same time, the advertising shall be produced in such a way that, upon its completion, for not less than the last 1 second, the name and ordinal number of the electoral subject are shown, in such a way that the sum of the unified contours of the letters designating the name and the unified contours of the digits designating the ordinal number occupies not less than 50 per cent of the frame area. In the event of a violation of the rule established by this paragraph, the broadcaster shall not place the relevant political/pre-election advertising.
14. A broadcaster shall be prohibited from conceding airtime to the relevant electoral subject of a value greater than that paid for the placement of paid pre-election advertising, or from conceding more time for the placement of free advertising than that determined by this Law. An act provided for by this paragraph shall be considered a prohibited donation.
15. A broadcaster (except for the broadcasters referred to in paragraphs 5 and 6 of this Article) shall, during the last 30 days before election day, place pre-election advertising in its airtime free of charge, if, in the course of the election campaign, it places paid pre-election advertising in its service area. In this case, a local broadcaster or a cable broadcaster shall allocate 7.5 minutes every 3 hours in its airtime for the free-of-charge placement of pre-election advertising and shall place, equally and in a non-discriminatory manner, the pre-election advertising submitted to it by each authorised party, provided that during this period the advertising time allocated to one election subject does not exceed 90 seconds (an election subject may divide this time into several parts). Time unused by an election subject may not subsequently be added to other time allocated to it.
16. Not less than 10 per cent of the funds spent by a party participating in elections on the placement of pre-election advertising shall be used for the placement of pre-election advertising in at least 7 broadcasters that are not national broadcasters.
17. For the purposes of determining the status of a qualified election subject, public opinion research shall meet the following requirements:
a) it shall be based on the recognised scientific methodology of representative random sampling, which ensures at least 95 per cent reliability of the results and whose margin of error does not exceed 3 per cent;
b) it shall be published after verification of the reliability of the methodology of the public opinion research and the objectivity of the results;
c) where there are significant differences or changes in the results of the same or another comparable public opinion research, it shall be possible to provide a convincing scientific explanation of such differences or changes;
d) it shall not constitute manipulation of public opinion or a means of raising funds, and shall not be conducted by telephone, post and/or the internet;
e) it shall be based on a transparent methodology that allows independent verification of the results;
f) when publishing the results of public opinion research, the following shall be indicated:
f.a) the organisation that conducted the research;
f.b) the customer or funder of the research;
f.c) the exact wording and sequence of the questions used in the research;
f.d) the time of the field research;
f.e) the number of respondents and the sampling method;
f.f) in what area or among what category of persons the sampling was conducted;
f.g) whether the research is based on the opinion of all respondents;
f.h) the number of respondents who refused to participate in the research or did not answer a question, or who could not be surveyed;
f.i) the sample size;
f.j) the margin of error;
f.k) information on any other factor that could have had a significant influence on the results of the research.
18. A broadcaster commissioning public opinion research shall comply with the requirements established by paragraph 17 of this Article. A broadcaster that publishes public opinion research conducted on another person's commission shall be subject only to the requirements established by subparagraph „f“ of paragraph 17 of this Article.
Article 58. Financial support for the preparation and conduct of elections/referendum🔗
1. The expenses incurred by the Electoral Administration of Georgia for the preparation and conduct of elections/referendum and its activities during the term of exercise of its powers shall be financed from the State Budget of Georgia.
2. In accordance with the procedure established by this Law, the CEC shall annually submit to the Parliament of Georgia the budget application of the Electoral Administration of Georgia for the following year, on the basis of which the budget funding for the following year shall be determined.
3. If the budget allocation intended for the preparation and conduct of elections/referendum is not allocated to the corresponding budget programme code of the CEC within the period established by this Law, the CEC shall be entitled to file a claim with the district/city court.
4. Enforcement shall not be carried out from the fund for the enforcement of court judgments provided for by the State Budget of Georgia in respect of the allocation of funds to the CEC.
5. The Electoral Administration of Georgia, in the form of the CEC, shall be entitled to receive a grant from a person authorised by law. The grant shall be used in accordance with the contract concluded between the CEC and the authorised person.
6. In the pre-election period/election period, the appeal of actions/decisions of the CEC, the Training Centre and/or their procurement committees related to public procurement shall not result in the suspension of public procurement procedures.
7. In the election period/referendum period, the time limits for appealing the decisions of the CEC, the Training Centre and/or their procurement committees, and the time limits and procedure for the consideration of a complaint by the council for the review of disputes related to public procurement and for appealing the decision adopted shall be determined by Article 92 of this Law.
Article 59. Funds necessary for elections/referendum🔗
1. The CEC shall, no later than 55 days before the voting day, submit to the Ministry of Finance of Georgia a plan for financing the preparation and conduct of the elections/referendum.
2. The Ministry of Finance of Georgia, in accordance with the plan submitted to it by the CEC, shall, no later than the 50th day before the voting day, ensure the allocation from the State Budget of Georgia to the corresponding budget programme code of the CEC of the appropriations intended for the preparation and conduct of the elections/referendum.
3. The CEC shall establish by resolution the procedure for the distribution and use by election commissions of the funds necessary for elections.
4. No later than 45 days before the voting day, the CEC shall transfer the funds allocated to the district election commission to its current account.
5. The district election commission shall, no later than the 30th day after the voting, terminate all settlements with organizations and individuals and, within 10 days, transfer the balance on its account to the corresponding account of the State Treasury. Within 2 weeks after the transfer of this balance, the district election commission shall submit a financial report to the CEC.
Article 60. Election/referendum campaign expenses🔗
1. An election/referendum campaign shall be funded:
a) from the party fund;
b) from the election fund opened by the initiative group of voters − to fund the campaign of an independent candidate.
2. A candidate nominated by an election subject shall enjoy the fund of the nominating subject.
3. The basis for opening the account of the election campaign fund of the initiative group of voters in a commercial bank licensed in Georgia shall be the order of the chairperson of the respective election commission on the registration of the respective election subject.
4. An election subject shall be obliged to submit to the State Audit Office information on the bank account from which the election campaign will be funded. The information submitted on the said fund shall also include the contact details of the persons responsible for managing the election campaign fund.
5. Election/referendum campaign expenses shall be the aggregate of monetary funds intended for the election/referendum campaign and credited to the respective bank account, as well as all types of goods and services received free of charge (at the reflected market prices), except for the value of free advertising time received in accordance with the procedure established by law.
6. It shall be inadmissible for an election subject to use, during elections, funds other than the funds of the respective election campaign fund.
7. The total amount of expenses incurred by an election subject during a year shall not exceed 0.04 percent of the gross domestic product of Georgia of the previous year. The said amount shall include the expenses incurred by the election subject and by another person in its favour, which have been determined by the State Audit Office and of which the respective election subject is notified.
8. The upper limit of the total amount of annual election expenses of an independent majoritarian candidate shall be determined as follows: the upper limit of election campaign expenses allowed for a party (0.1 percent of the gross domestic product of Georgia of the previous year) shall be divided by the total number of voters in the country and the resulting number shall be multiplied by the number of voters of the respective election district.
Article 61. Legislation on election/referendum campaign expenses🔗
The legality and transparency of election/referendum campaign expenses shall be ensured by the norms established by this Law and the Organic Law of Georgia "On Political Unions of Citizens".
Article 62. Report on Election Campaign Expenses🔗
1. A candidate for electoral subject status/electoral subject shall submit to the State Audit Office, once every 3 weeks from the day of appointment of elections, in the form established by the State Audit Office, the relevant financial report.
2. The electoral subject which, according to preliminary data, receives the required number of votes established by this law in the elections shall, no later than 12 days from the polling day, submit to the State Audit Office a report on the funds used from the day of appointment of elections through the polling day inclusive.
3. An electoral subject participating in the second round of elections shall be obliged, 3 days before the day of holding the second round, to submit to the State Audit Office a financial report of activities carried out after the polling day of the first round of elections.
4. An electoral subject shall, no later than 1 month after the publication of the election results, and an electoral subject participating in the second round of elections — no later than 1 month after the publication of the second round results, submit to the State Audit Office, together with an audit (audit firm's) opinion, a report on the funds used from the day of appointment of elections through the day of publication of the final election results inclusive. A certified auditor has the right to conduct an audit in accordance with the Organic Law of Georgia "On the State Audit Office". If the election campaign expense does not exceed 10,000 GEL, the electoral subject has the right to submit the report for the entire election period without an audit opinion.
5. If an electoral subject which receives the required number of votes established by this law fails to submit the election campaign fund report within the established period, or if a violation of legal requirements is confirmed, the State Audit Office shall warn it in writing and shall demand the elimination of the defect and the provision of detailed written information concerning the relevant violation. If the State Audit Office considers that the violation is of a substantial nature and could have influenced the election results, it is entitled to apply to the relevant election commission with a recommendation that it apply to the court and request the summarization of the election results without taking into account the votes received by this electoral subject.
6. The State Audit Office is entitled, in the event of improper failure by an electoral subject to fulfill an obligation provided for by this Chapter and/or Chapter III of the Organic Law of Georgia "On Political Unions of Citizens", to give it an instruction on the elimination of the relevant defect and to set a reasonable period for the elimination of the said defect.
7. The State Audit Office is entitled, for the purpose of monitoring the financial activity of an electoral subject, to also carry out the following measures:
a) questioning of an individual in the manner established by the Organic Law of Georgia "On Political Unions of Citizens";
b) interrogation of an individual before a magistrate judge in the manner established by the Administrative Procedure Code of Georgia;
c) requesting from a public institution, a natural person, a legal person (including a payment service provider), another subject, the necessary information, including information containing special category personal data, other personal data and secrets (except state secrets provided for by the legislation of Georgia).
8. The State Audit Office shall request, on the basis of a court judgment, that information provided for by subparagraph „c“ of paragraph 7 of this Article which does not qualify as public information. For this purpose, the State Audit Office shall submit an application to the court according to its location. In this case, the court shall deliver a judgment within 48 hours of the submission of the said application. The application of the State Audit Office shall be substantiated. It shall indicate the ground and purpose of requesting the information, the period and scope of the information to be requested. If this application is granted, the court judgment shall indicate the ground and purpose of requesting the information, the period and scope of the information to be requested, as well as the term of validity of the said judgment.
9. All subjects from whom the State Audit Office requests the submission of the information provided for by this Chapter shall be obliged to submit to it the said information at their disposal.
10. When exercising the powers provided for by this Chapter, the State Audit Office shall conduct administrative proceedings within no more than 3 months. The Auditor General shall be entitled, if necessary, to extend this term by no more than 3 months.
11. The form of the report on the funds used for elections and the rules for its completion shall be determined by the State Audit Office.
Article 63. Arrangement of the polling building🔗
1. In the polling building:
a) the voting place shall be arranged so as to ensure the secrecy of the filling in of the ballot paper by the voter. For every 500 voters, no fewer than 1 voting place shall be provided, where there shall be 1 pen;
b) places shall be allocated for the registration of voters and for the placement of special envelopes;
c) a transparent ballot box shall be placed in a visible place;
d) in a visible place there shall be posted the versions of the voter lists assigned to public information, party lists, candidate lists, the rules for filling in the ballot paper established by the CEC, as well as an excerpt from this Law on the cases in which a ballot paper is invalid, and the demonstration protocol (protocols) of the voting results.
2. If any election subject included in the ballot paper no longer participates in the elections, a statement to that effect shall be posted in a visible place in the polling building and in the secret voting booths.
Article 64. Maintenance of order in the polling building and its adjacent territory on polling day🔗
1. On polling day, the chairperson of the precinct election commission shall direct the maintenance of order in the polling building and shall be responsible for its maintenance.
2. The execution of decisions taken by the chairperson of the precinct election commission for the purpose of maintaining order in the polling building shall be mandatory for members of the election commission, all persons entitled to be in the polling building, and voters.
3. All persons entitled to be in the polling building shall wear a badge (certificate) indicating their identity and status.
4. The entry of an armed person into the polling building shall be prohibited.
5. On polling day, in the event of obstruction of the work of the precinct election commission and violation of order, the decision on the removal of the violator from the building of the precinct election commission shall be taken by the precinct election commission, on which a respective act shall be drawn up, signed by the chairperson and members of the commission. The act shall state the first and last name of the violator, the numbers of the election district and polling station, the essence of the violation and the exact time of its commission. In this case, the removed person shall be prohibited from entering/being present in any polling station/polling building on polling day, except in the case of voting at a polling station. For the purpose of verifying information about removed persons, the Election Administration of Georgia shall maintain an electronic database of removed persons.
6. If in the polling building or its adjacent territory a threat is posed to public order or to the conduct of voting in accordance with the requirements of this law or to the safe movement of election documentation, police officers may, at the request of the chairperson of the precinct election commission, be called and be present in the polling building and its adjacent territory. Immediately upon the suppression of the violation of public order and with the consent of the chairperson of the precinct election commission, police officers shall leave the polling building and its adjacent territory.
7. In exceptional cases, in the territory adjacent to the polling building, but not in the polling building itself, police officers may be present even without the request and consent of the chairperson of the precinct election commission, if this is absolutely necessary for the suppression of a violation of public order or for protection. Immediately upon the elimination of such necessity, police officers shall leave the territory adjacent to the polling building.
Article 65. Time and Place of Polling🔗
1. Polling shall be conducted in the polling building from 8:00 to 20:00 on the election (polling) day.
2. During polling, it shall be prohibited to close the polling building, terminate or suspend polling, except in the case where it is impossible to ensure the universality and equality of elections and the free expression of the will of voters.
3. The decision on temporary closure of the polling building, termination or suspension of polling, and subsequently opening the polling building and resuming polling shall be taken single-handedly by the chairperson of the precinct electoral commission, who shall bear full responsibility for taking this decision.
4. In the case of temporary closure of the polling building, immediately upon termination or suspension of polling, the precinct electoral commission shall be obliged to take a decision on confirmation or annulment of the corresponding decision of the commission chairperson. If the decision of the commission chairperson concerns suspension of polling, the commission's decision on its confirmation or annulment shall be recorded in the polling day record book, the reason and time of suspension of polling shall be indicated, and it shall be confirmed by the signatures of the commission members. If the decision of the commission chairperson concerns termination of polling, the commission's decision on its confirmation or annulment shall be taken by an order, which shall indicate the reason and time of termination of polling. Immediately upon elimination of the reason for suspension of polling, polling shall be resumed by an order of the commission chairperson. If polling was declared terminated, it shall no longer be resumed.
5. A voter may be present in the polling building only for the time necessary for voting.
6. On polling day, in electoral precincts established in military units, hospitals, other inpatient medical institutions and hard-to-reach places, the precinct electoral commission shall declare polling completed at any time before 20:00, if all voters included in the voters list have participated in the polling.
7. It shall be prohibited to conduct polling before polling day or after polling day, except in cases provided for by the legislation of Georgia.
Article 66. Drawing of lots for the distribution of functions of members of the precinct election commission🔗
1. The drawing of lots for the distribution of functions of members of the precinct election commission shall be held no later than the 7th day before polling day, in compliance with the drawing of lots procedure established by this Article.
2. The drawing of lots shall be held in the presence of the members of the precinct election commission. At the same time, their non-appearance shall not be an obstacle to holding the drawing of lots and to participation in it. The chairperson of the precinct election commission, the deputy chairperson and the secretary of the commission shall not participate in the drawing of lots.
3. For the purpose of distributing the functions of members of the precinct election commission by drawing lots, the chairperson of the precinct election commission shall, using identical sheets and the same writing instrument, prepare lot sheets in the number corresponding to the members of the commission and shall write on each sheet the first name and surname of one member of the commission. He/she shall certify the said sheets with a signature and fold them so that the text cannot be read. The sheets shall be placed on the table. The chairperson of the precinct election commission shall take these sheets one by one in the sequence corresponding to the functions to be distributed by drawing lots and shall identify the member of the commission who is to perform the respective function.
4. The chairperson of the precinct election commission, from among the members of the commission:
a) shall, by drawing lots, identify 2 members of the commission to carry the mobile ballot box (if necessary);
b) shall conduct the next drawing of lots in order to identify the members of the commission performing other functions, by which:
b.a) a member of the commission regulating the flow of voters in the polling room shall be selected, who shall also check the marking of voters;
b.b) members of the commission who register voters shall be selected (at least 1 member shall be selected for every 300 voters), who shall also issue ballot papers after signing in the appropriate place on the front side of the ballot paper and certifying with a special seal;
b.c) a member of the commission supervising the ballot box and special envelopes shall be selected.
5. If a member of the commission identified by drawing lots to carry the mobile ballot box refuses to perform the function assigned to him/her, he/she shall lose the right to participate in the next drawing of lots for the distribution of other functions of the members of the precinct election commission. The issue of assigning a function to the said member of the commission shall be decided by the chairperson of the precinct election commission.
6. Members of the commission appointed by parties shall not participate in the drawing of lots provided for by subparagraph "b.b" of paragraph 4 of this Article.
7. The issue of remuneration for the work of a member of the precinct election commission who appears at the commission after the completion of the drawing of lots shall be decided by the district election commission, and the issue of assigning a function to him/her – by the chairperson of the precinct election commission.
8. After the drawing of lots is completed, the secretary of the precinct election commission shall draw up an act, in which he/she shall enter the results of the distribution of the functions of the members of the precinct election commission by drawing of lots. The act shall be signed by the chairperson and the secretary of the precinct election commission. On the polling day, the secretary of the precinct election commission shall record the results of the distribution of the functions of the members of the precinct election commission by drawing of lots on the relevant page of the book of records of the polling day.
9. The temporary transfer to another member of the commission of a function assigned to a member of the precinct election commission by drawing of lots may be carried out only with the permission of the chairperson of the commission. The transfer of this function shall be recorded by the secretary of the precinct election commission on page 5 of the book of records of the polling day, and he/she shall indicate the time.
10. If on the polling day:
a) the commission member who is the registrar of voters failed to appear or his/her authority was terminated early, the chairperson of the precinct election commission shall assign another member (members) of the commission to perform an additional function. If this is impossible, he/she shall reduce the number of the commission members who are registrars of voters, or, at the polling station where voting is conducted using electronic means, the function of the commission member who regulates the flow of voters shall be performed by the chairperson of the precinct election commission;
b) the commission member carrying the mobile ballot box failed to appear or his/her authority was terminated early, or the commission member carrying the mobile ballot box selected by drawing of lots refused to perform the function assigned to him/her, the chairperson of the precinct election commission shall assign the function of the commission member carrying the mobile ballot box to another member of the commission;
c) the commission member who regulates the flow of voters failed to appear or his/her authority was terminated early, the chairperson of the precinct election commission shall assign another member of the commission to perform an additional function. If this is impossible, the function of the commission member who regulates the flow of voters shall be performed by the deputy chairperson of the precinct election commission, or, at the polling station where voting is conducted using electronic means, the function of the commission member who regulates the flow of voters shall be performed by the chairperson of the precinct election commission;
d) the commission member supervising the ballot box and the special envelopes failed to appear or his/her authority was terminated early, the chairperson of the precinct election commission shall assign another member of the commission to perform an additional function, or shall himself/herself perform the function of the commission member supervising the ballot box and the special envelopes.
11. Within the time limit established by paragraph 1 of this Article, the drawing of lots for the distribution of the functions of the members of the precinct election commission shall also be held at the polling station where voting will be conducted using electronic means.
Article 67. Opening of an Election Precinct🔗
1. An election precinct shall open at 6:45 on polling day.
2. If, by the time provided for in paragraph 1 of this article, the number of members of the precinct election commission is less than 9, the respective precinct election commission shall be considered to have been transformed into a special group, and the special group shall have the right to conduct polling. The quorum of the special group shall be determined as the majority of its existing composition. The functions of the members of the special group shall be assigned by the chairperson of the special group without drawing lots.
3. If on polling day it is found that the existing composition of the special group cannot ensure the conduct of polling, the respective district election commission shall immediately convene and, by an ordinance, add to the existing composition of the special group as many members as will ensure the conduct of polling. If the special group provided for in this paragraph simultaneously does not have a chairperson and a deputy chairperson, or does not have a secretary of the special group, and/or they are unable to perform the duties determined by this Law, the special group shall immediately elect a chairperson or secretary of the special group from among the members elected by the district election commission.
4. From the opening of the election precinct until the start of polling, the procedures shall be conducted in the following sequence:
a) immediately upon the opening of the election precinct, the polling day record book shall be opened. On the first and 2nd pages of the record book, and, if necessary, also on the 10th and subsequent pages, all persons entitled to be present in the polling building at the time of its opening shall sign;
b) the chairperson of the precinct election commission shall verify the integrity of the sealed package containing the special seal of the precinct election commission.
5. If a person entitled to be present in the polling building has recorded (discovered) a violation during the registration of a complaint, the precinct election commission shall, in accordance with the established procedure, adopt a decision relating to the registration of that complaint.
6. After completion of the procedures provided for in paragraph 4 of this article, the chairperson of the precinct election commission shall:
a) announce the number of voters according to the unified list of voters and the special list of voters, as well as the list of the mobile ballot box;
b) verify the integrity of the packages of ballot papers and special envelopes and announce the number of received ballot papers and special envelopes;
c) verify and, in accordance with the procedure established by the CEC, seal the main ballot box and the mobile ballot box with a seal bearing an individual number.
7. Each member of the commission who is a voter registrar shall be given one booklet of each type of ballot paper, which shall be confirmed by the signatures of the chairperson of the commission and the member of the commission who is a voter registrar on its cover page. After all ballot papers from the booklet have been issued, the member of the commission who is a voter registrar shall be given a second booklet, and so on.
8. The data provided for by subparagraphs „a“ and „b“ of paragraph 6 of this Article shall be announced by the secretary of the precinct election commission, and this data (except for the number of special envelopes) shall be entered in the demonstration protocol of the voting results and the record book of the voting day.
9. The control sheets shall be signed by the first voter and all attending members of the precinct election commission. The first voter's name, surname and personal number of a citizen of Georgia shall be indicated on the control sheets. The chairperson and secretary of the precinct election commission shall fill out the control sheets in three copies. The chairperson of the precinct election commission shall place one copy of the control sheet in the main ballot box after the first voter's arrival, the second copy – in the mobile ballot box, and shall keep the third copy for the purpose of subsequent comparison with the control sheets in the ballot boxes.
10. Voting shall begin at 8:00 on the voting day.
Article 68. Record Book of Polling Day🔗
1. The polling process at a polling station and claims, complaints and remarks regarding the conduct of polling shall be reflected in the Record Book of Polling Day (hereinafter – the Record Book).
2. The Record Book shall be kept in the Georgian language, and for those election districts for which ballot papers are also printed in another language understandable to the local population, the Record Book may also be kept in the corresponding language.
3. The Record Book shall be transferred to the secretary of the precinct election commission, who shall be obliged, together with the chairperson of the commission, to record in the Record Book all election procedures of polling day and to indicate the time of their conduct.
4. One copy of the Record Book, together with ballot papers, shall be transferred to the precinct election commissions.
5. The Record Book is a so-called laced book. The cord shall be sealed, the sealing sheet shall be signed by the chairperson of the district election commission and the secretary of the commission, and the seal of the district election commission shall be affixed to it. All pages of the Record Book shall be numbered and on each page the numbers of the election district and the polling station shall be indicated.
6. On page 4 of the Record Book, the secretary of the precinct election commission shall indicate the number of ballot papers transferred to the members of the commission accompanying the mobile ballot box and the number of unused ballot papers after the completion of polling.
7. On page 5 of the Record Book, the secretary of the precinct election commission shall note information on the temporary transfer to another member of the commission of the function of a member of the commission determined by lot.
8. On pages 6–9 of the Record Book, the secretary of the precinct election commission shall indicate each data item to be entered into the summary protocol when summarizing the polling results.
9. On polling day, any person entitled to be present in the polling building shall be entitled to reflect in the Record Book claims, complaints and remarks related to election procedures (for this purpose, pages 10 and following of the Record Book shall be used), and to indicate witnesses (if any). The person making the entry shall be obliged to indicate in the Record Book his/her surname, name and address according to the identity card of a citizen of Georgia or the Agency's database.
10. No one shall have the right to hinder any person entitled to be present in the polling building from making an entry in the Record Book.
11. The Record Book shall be closed after the summarization of the polling results. It shall be signed by the chairperson and secretary of the precinct election commission and shall be certified with the seal of the precinct election commission. The Record Book, together with submitted applications/complaints, shall be sealed and, together with the summary protocol (protocols) of the polling results of the precinct election commission and the sealed documents referred to in paragraph 7 of Article 73 of this Law, shall be transferred to the superior district election commission.
Article 69. Ballot paper and special envelope🔗
1. A ballot paper shall be printed on the basis of a CEC ordinance, according to the sample established by it, in the Georgian language, in Abkhazia – also in the Abkhaz language, and, if necessary, also in another language understandable to the local population.
2. At election precincts, the CEC shall ensure the use of such technology as will enable voters with visual disabilities to fill out the ballot paper independently.
3. The CEC shall ensure the printing of ballot papers and the production of the main ballot box and the mobile ballot box. Ballot papers shall be printed under the continuous supervision of persons authorized by the CEC and observers. The right to observe the process of printing ballot papers at each place of their production shall be held by 2 members of the commission appointed by a CEC ordinance and observer organizations registered under this Law, which, on the basis of an agreement, nominate no more than 3 observers.
4. Within 2 days after the adoption of the relevant ordinance, the CEC shall publish information about the location of the printing of ballot papers and the production of ballot boxes, as well as about the persons responsible for the printing of ballot papers and the production of ballot boxes.
5. The executor of the order for printing ballot papers shall be personally liable that the number of printed ballots and ballots transferred to the respective election commission exactly corresponds to the number of ordered ballots, and that no excess ballots are printed at his/her premises or distributed.
6. The chairperson and secretary of the election commission shall be personally liable for the storage and issuance of ballot papers as intended in the election commission.
7. For the purpose of accurate record-keeping, each type of ballot paper shall be numbered consecutively (the number shall be marked on the stub of the ballot paper; the ballot paper and its stub are separated from each other by a perforated line) and shall be bound in the form of notebooks, 50 pieces each. Each notebook shall have a cover page on which the type of ballot paper is indicated, fields are printed for the notebook number, the numbers of the ballots in the notebook, the numbers and names of the election district and election precinct, fields for the signatures of the chairperson of the precinct election commission and the member of the commission (voter registrar) to whom this notebook is transferred, as well as a field for indicating the number of unused ballots.
8. The number of special envelopes transferred to each precinct election commission shall be equal to the total number of voters in the election precinct, and the number of ballot notebooks shall be equal to the total number of voters in the election precinct divided by 50.
9. The CEC shall transfer ballot papers and special envelopes to the district election commissions no later than 2 days before the polling day. In turn, the district election commission shall transfer ballot papers and special envelopes to the precinct election commissions no later than 12 hours before the start of polling.
10. The number of election ballots and special envelopes shall be recorded accurately. When the CEC transfers election ballots and special envelopes to the District Election Commission and the District Election Commission transfers them to the Precinct Election Commission, an acceptance and handover act shall be drawn up in 2 copies, in which shall be indicated the names of the transferring and receiving commissions, the number of special envelopes, the type of election ballots, the number of ballot pads (with indication of their numbers and ballot numbers), and the identities of the persons issuing and receiving them. The persons issuing and receiving these documents shall sign the act (1 copy of the acceptance and handover act shall remain with the election commission transferring the election ballots and special envelopes, and the second copy shall be transferred to the recipient of the election ballots and special envelopes). The representative of the election commission to whom the election ballots and special envelopes are transferred shall be obliged to request 1 copy of the acceptance and handover act for transfer to the relevant district/precinct election commission. The acceptance and handover act is public information.
11. Before drawing up the acceptance and handover act referred to in paragraph 10 of this article, the parties signing the act, after verifying the compliance of the election ballot requisites, shall count the number of ballots and enter the relevant data in the acceptance and handover act. After this, the election ballots shall be sealed again, which the parties shall confirm by signatures.
12. The following shall be indicated on the front side of the election ballot:
a) the name of the election/referendum and the date of holding the election/referendum;
b) the name and number of the election district;
c) the number of the election precinct (on the stub of the election ballot and on the ballot itself);
d) in the case of elections held under the proportional electoral system – the serial number and name of the party participating in the elections; in the case of elections of the mayor of a self-governing city (including the city of Tbilisi)/self-governing community and elections of the representative body of a municipality – the Sakrebulo – held under the majoritarian electoral system – the serial number, surname, name of the candidate, and the name of the nominating election subject. If a majoritarian candidate was nominated by an initiative group of voters, the word "Independent" shall be indicated next to the serial number on the election ballot;
e) in the case of a referendum ballot – also the question addressed to citizens concerning the issue submitted to a referendum and the possible answers to this question: "Yes" and "No";
f) the procedure for filling out the election ballot;
g) the place for the signature of the member of the voters' registration commission;
h) the place for certification of the election ballot with a special seal by the member of the voters' registration commission.
13. If it is found that the ballot paper is intended for another electoral precinct/electoral district, or the number of ballots does not correspond to the indicated number, or the ballot paper has a printing or other type of defect, this shall be immediately reported to the higher electoral commission, and the respective electoral commission is entitled, on the basis of an appropriate act, to record the actual number of ballots in the summary protocol.
14. In the event of removal of an electoral subject from the elections, when issuing the ballot paper, a stamp "removed from the elections" shall be placed in the ballot paper next to the name/title of the electoral subject.
15. The ballot paper is state property. It is prohibited to arbitrarily remove, take away or destroy it from the polling building on the polling day.
16. The ballot paper shall be printed on paper with security marks, the right to order and purchase which belongs only to the CEC.
17. Violation of the prohibition established by paragraph 15 of this Article, as well as the distribution and use of a forged ballot paper, is a crime and shall be punished in accordance with the procedure established by law.
18. The precinct electoral commission shall issue the ballot paper(s) and special envelopes on the basis of the voters list, upon presentation of the electronic identity card (ID card) of a citizen of Georgia, a valid non-electronic identity certificate of a citizen of Georgia (without an electronic information carrier) or a passport of a citizen of Georgia.
19. On the polling day, each voter shall be given one special envelope and the corresponding number of ballot papers.
20. During the elections of the Parliament of Georgia, the voter shall be given the ballot paper intended for the elections.
21. The issuance of the ballot paper(s) shall be confirmed by the registrar member of the commission by a signature in the voters list.
22. The voter shall confirm the receipt of the ballot paper(s) by a signature in the voters list.
Article 70. Marking of Voters🔗
1. At every polling station (except for the cases provided for by paragraph 5 of this Article), marking of voters shall be carried out, which involves applying an invisible to the eye and harmless to human health chemical dye to the nail of the thumb or index finger of the voter's right hand (if the said action cannot be performed – to the nail of another finger of the right hand, and if this is impossible – in the same manner on the left hand).
2. A voter shall undergo the marking verification procedure upon entering the voting room, with the relevant member of the election commission, who shall illuminate the marking site with a special device and, after being satisfied that the voter does not have a marking, shall grant him/her the right to participate in the voting. If the device has revealed that the voter already has a marking, he/she shall be prohibited from participating in the voting and his/her identity shall be entered in the record book.
3. A voter who passes the marking verification procedure shall move to the registration table, where the commission member who is the voters' registrar shall carry out his/her marking and he/she shall receive a ballot paper (ballot papers). In the event of refusal to undergo the marking procedure, the voter shall not have the right to participate in the voting and no ballot paper (ballot papers) shall be issued to him/her.
4. If a member of the election commission, an observer present at the polling station and/or a representative of an electoral subject has doubts because of the marking verification or the marking procedure, he/she shall be entitled to request that the procedure provided for by paragraph 2 and/or paragraph 3 of this Article be conducted again. This person shall have the right to request an appropriate response to any manifestation of a violation of the marking procedure.
5. Marking shall not be applied to persons in penitentiary institutions, as well as to patients in hospitals and other inpatient medical institutions.
6. A voter who has undergone the marking procedure and participated in the voting shall not have the right to participate in the voting again at the same or another polling station.
7. A person who violates the requirements of this Article shall bear the liability established by the legislation of Georgia.
Article 71. Conducting of Voting🔗
1. Each voter shall vote in person. Voting on behalf of another person shall be inadmissible.
2. The voting procedure shall be conducted in compliance with the following rule and sequence:
a) upon entering the polling room, the voter shall undergo the marking verification procedure. If the voter is not marked, he/she shall be granted the right to participate in the voting. A member of the commission regulating the flow of voters in the polling room shall admit the voter to the polling room only if he/she presents to him/her an electronic identity card of a citizen of Georgia (ID card), a valid non-electronic identity certificate of a citizen of Georgia (without an electronic information carrier) or a passport of a citizen of Georgia, and if not more than 2 voters are present at the registration table designated for the voter;
b) the voter who has entered the polling room shall go to the registration table to which the first letter of his/her surname as entered in the voters list is assigned, and shall present to the member of the commission registering voters an electronic identity card of a citizen of Georgia (ID card), a valid non-electronic identity certificate of a citizen of Georgia (without an electronic information carrier) or a passport of a citizen of Georgia. The member of the commission registering voters shall verify the compliance of the voter's registration data indicated in the presented document with the data in the voters list and the compliance of the voter's face and the photographs in the presented document and in the voters list with each other. In case of confirmation of compliance, the member of the commission registering voters shall mark the voter and sign in the relevant column of the voters list, after which the voter shall confirm receipt of the election ballot paper(s) by signature. When issuing the election ballot paper(s), the member of the commission registering voters shall sign in the relevant column on its (their) front side and certify the ballot paper(s) with a special seal;
c) after certification of the election ballot paper(s), the voter shall enter the secret voting booth and fill in the ballot paper(s) in the manner established by this Law. After filling in the election ballot paper(s), the voter shall fold it (them) so that it is not visible to whom he/she has given his/her vote;
d) with the folded election ballot paper(s), the voter shall go to a separately standing table, from which he/she shall independently take a special envelope and place the ballot paper(s) in it. Only the voter shall be entitled to place the election ballot paper(s) in the special envelope. A member of the election commission shall not be entitled to open the filled-in election ballot paper(s) or otherwise violate the secrecy of the voting;
e) more than one voter may not approach the ballot box at the same time;
f) A member of the commission supervising the ballot box and the special envelopes must be permanently present at the ballot box. The slot for dropping the special envelope into the ballot box must be kept closed by him/her, and he/she shall open it only after he/she is satisfied that the voter has only one envelope in hand;
g) After the completion of voting, the slot for dropping the special envelope into the ballot box shall be sealed.
3. If, during the verification provided for by subparagraph „b“ of paragraph 2 of this Article, it is confirmed that the registration data of the voter indicated in the submitted document (documents) (except for the photograph) correspond to the data in the voters list, but the commission member registering voters considered the face of this voter and the photograph in the submitted document or in the voters list to be inconsistent with each other, he/she shall apply to the chairperson of the precinct election commission, who, after conducting the procedure provided for by paragraph 4 of this Article, shall grant the voter the right to participate in voting.
4. If the chairperson of the precinct election commission:
a) confirmed the inconsistency referred to in paragraph 3 of this Article, the secretary of the precinct election commission shall make an entry on the page of the record book designated for that purpose, indicating the fact of the inconsistency, the voter's first name, last name and his/her serial number in the voters list. This entry shall be confirmed by the signatures of the chairperson and the secretary of the precinct election commission. The secretary of the precinct election commission shall attach to the record book a photocopy of the document submitted by the voter and shall certify it with a signature;
b) did not confirm the inconsistency referred to in paragraph 3 of this Article, but the commission member registering voters who revealed the inconsistency did not agree with him/her, he/she shall write his/her dissenting opinion on the page of the record book designated for that purpose and shall sign it. Thereafter, the secretary of the precinct election commission shall indicate there the voter's first name, last name and his/her serial number in the voters list and shall confirm the entry with a signature. The secretary of the precinct election commission shall attach to the record book a photocopy of the document submitted by the voter and shall certify it with a signature.
5. It is prohibited for any other person to be present when the ballot paper is being filled in. A voter who is unable to fill in the ballot paper independently has the right to invite any person into the secret voting booth to assist him/her, except:
a) a member of the election commission;
b) a candidate;
c) a representative of an election subject;
d) an observer;
e) a representative of the press or other mass media.
6. If a voter or a member of the precinct election commission spoils a ballot paper or a special envelope, he/she shall notify the chairperson of the precinct election commission, shall hand over the spoiled ballot paper/special envelope and shall receive a new one. The corner of the spoiled ballot paper/special envelope shall be cut off in the presence of the voter and the words "spoiled" shall be written on it. It shall be signed by the chairperson of the precinct election commission and kept separately.
7. Members of the precinct election commission and persons entitled to be present in the polling building have the right, before the voter enters the secret voting booth and before placing the ballot paper(s) in the special envelope, to require the voter to show that he/she has in hand only the number of ballot papers and the special envelope established by this Law. The voter shall comply with this requirement.
8. The secretary of the precinct election commission shall, on polling day, twice, at 12:00 and 17:00, recount the number of signatures in the voters list of voters participating in the voting, enter this data (number) in the demonstration protocol of the voting results of the precinct election commission and in the record book, and indicate the corresponding time.
9. If during the voting the integrity of the seal of the ballot box is breached, the precinct election commission shall suspend the voting process and by ordinance adopt a decision on re-sealing the ballot box and continuing the voting.
10. The polling building shall close at 20:00. Voters standing in line at that time may vote, for which, on the instruction of the chairperson of the precinct election commission, one of the members of the commission shall record the surnames and names of the voters standing in line and notify the chairperson of the precinct election commission of their number, while the secretary of the commission shall note the number of voters standing in line in the record book. The chairperson of the precinct election commission shall announce that only voters standing in line may participate in the voting.
Article 72. Voting by means of a mobile ballot box🔗
1. The voting procedure by means of a mobile ballot box begins at 9 o'clock on the polling day and ends at 19 o'clock. The mobile ballot box must be returned to the polling station no later than 20 o'clock.
2. Persons defined by Article 37 of this Law have the right to vote by means of a mobile ballot box.
3. From 9 o'clock on the polling day, the chairperson of the precinct election commission shall hand over to the members of the commission accompanying the mobile ballot box the list of the mobile ballot box, special envelopes and the required number of ballot papers certified by the signature and special seal of the voter registrar member of the commission.
4. 2 members of the precinct election commission selected by lot, as well as persons entitled to be present in the polling building, at their wish, shall participate in conducting the voting procedure according to the location of voters.
5. In the case of using a motor vehicle when voting by means of a mobile ballot box, the precinct election commission shall be obliged to allocate space in the motor vehicle for 2 observers selected by lot from among the persons entitled to be present in the polling building.
6. A voter (except for the persons defined by subparagraph „e“ of the first paragraph of Article 37 of this Law) shall vote by means of a mobile ballot box in the case where his/her actual location belongs to the territory of the polling station where he/she is registered.
7. One transparent mobile ballot box shall be used for conducting the voting according to the location of voters. The secretary of the precinct election commission shall note in the record book how many ballot papers and special envelopes were handed over to the members of the election commission accompanying the mobile ballot box. After the completion of the voting, the quantities of the ballot papers and special envelopes present in the mobile ballot box and unused shall be summed up for the purpose of comparison. After the completion of the said procedure, the corner of the remaining unused ballot papers and special envelopes shall be cut off and "spoiled" shall be written on them. They shall be signed by the chairperson of the precinct election commission and kept separately. All procedures related to voting at the polling station and the marking of the voter shall extend to the process of voting by means of a mobile ballot box. At the same time, the powers of the representative and the observer are identical.
8. If, during elections to municipal bodies, in the cases provided for by Article 37 of this Law, the voter's place of registration and the voter's actual location are in one and the same local election district, the voter shall be granted the right to participate in elections held under the proportional electoral system and in elections held under the majoritarian electoral system, and the corresponding ballot paper and special envelope shall be given to the voter. Otherwise, the voter (except for persons defined by subparagraph "e" of the first paragraph of Article 37 of this Law) shall be granted only the right to participate in elections held under the proportional electoral system.
9. The voting procedure provided for by paragraph 8 of this Article shall be conducted by the precinct election commission on whose territory there is located a military unit, hospital, other inpatient medical institution, or place of imprisonment in which the voter is located.
10. At the completion of voting, the slot of the mobile ballot box shall be sealed in such a way that it is impossible to open it without damaging the seal.
Article 73. Procedures to be conducted before opening the ballot box🔗
1. After the completion of voting, the chairperson of the precinct election commission shall, in accordance with the procedure established by paragraph 2 of this Article, select by lot not less than 3 counters, while observers shall select from among their composition by mutual agreement not more than 2 supervisors (if the observers fail to agree, the chairperson of the precinct election commission shall determine 2 supervisors from among them by lot).
2. The chairperson of the precinct election commission shall prepare the lot papers using identical sheets and the same writing means, certify them with the special seal of the precinct election commission and fold them so that the text cannot be read. The total number of blank and filled-in sheets must be equal to the number of commission members participating in the lot. The lot shall be conducted by the chairperson of the precinct election commission in the presence of the commission members and persons entitled to be present in the polling building. The chairperson of the precinct election commission, the deputy chairperson and the secretary of the commission shall not participate in the lot. The sheets shall be thrown on the table. The commission members participating in the lot shall take these sheets one by one.
3. The chairperson of the precinct election commission shall determine by lot from among the representatives present at the election precinct not more than 2 representatives who, together with the counters determined by lot from among the commission members, participate in the process of counting valid and/or invalid ballot papers. At the same time, the representatives of those election subjects whose appointed commission members are the counters determined by lot shall not participate in the lot for determining these representatives.
4. The counters shall consecutively count the total number of voters who participated in the voting according to the unified list of voters, the special list of voters and the list of the mobile ballot box. The secretary of the precinct election commission shall immediately enter the results into the demonstration protocol of the voting results and the record book, after which he/she shall separately pack and seal the unified list of voters, the special list of voters and the list of the mobile ballot box.
5. The secretary of the precinct election commission shall cut off the corner of the unused ballot papers. Unused ballot papers and spoiled ballot papers shall be tied into separate packages. Each package must indicate the name and number of the election precinct, and the type of ballot papers.
6. The packages shall be sealed and signed by the counters and the chairperson of the precinct election commission.
7. Immediately upon completion of the procedure provided for by paragraph 6 of this Article, the secretary of the precinct election commission shall record the number of cases provided for by paragraph 4 of Article 71 of this Law and the number of documents attached to the record book and enter the relevant data into the record book. Thereafter, he/she shall pack and seal these documents, indicate on the package the number of the election precinct and the type of documents, and sign the sealed package.
8. Responsibility for failure to comply with the requirements established by paragraphs 6 and 7 of this Article shall be borne by the chairperson of the precinct election commission.
Article 74. Opening of the Ballot Box🔗
1. The chairperson of the precinct election commission, in the presence of the members of the precinct election commission and persons entitled to be present in the polling building, shall check the integrity of the seal on the ballot box.
2. If the integrity of the seal on the ballot box is found to be violated, but the precinct election commission considers that this has not resulted in a violation of the requirements of this Law, the procedure for summarising the voting results shall continue by a resolution of the precinct election commission. Otherwise, the ballot box shall be sealed and the resolution of the precinct election commission and the sealed ballot box shall be immediately transferred to the superior district election commission.
3. The counters shall move the ballot boxes to a separately standing table and shall take their places in such a way that the members of the precinct election commission and persons entitled to be present in the polling building are on the opposite side, at a distance of 2 metres. Next to these counters shall stand 2 supervisors and 2 representatives identified from among the observers.
4. The precinct election commission shall first open the mobile ballot box. The counters shall place the special envelopes contained in the mobile ballot box on the table, check the presence of the control sheet in the mobile ballot box and compare it with the control sheet kept in the precinct election commission for the purpose of comparison. If a difference is found between the control sheets, or the control sheet is not found in the mobile ballot box, or all ballot papers in the mobile ballot box are found to have been placed without special envelopes, all special envelopes and ballot papers shall be bundled into a package, marked "invalid", and after the completion of the voting and vote counting procedures at the polling station, shall be transferred to the superior district election commission. After the completion of the said procedure, the counters shall open the main ballot box.
5. The counters shall place the special envelopes and ballot papers contained in the main ballot box on a separately standing table, check the presence of the control sheet in the main ballot box and compare it with the control sheet kept by the chairperson of the precinct election commission. If a difference is found between the control sheets, or the control sheet is not found in the main ballot box, all special envelopes and ballot papers shall be packed, sealed, an appropriate protocol shall be drawn up, and the special envelopes and ballot papers shall be immediately transferred to the superior district election commission. If everything is found to be in order, the counters shall mix together the special envelopes poured out from the main ballot box and the mobile ballot box and shall begin counting the ballot papers.
6. The ballot papers contained in the mobile ballot box shall also be transferred in sealed form to the superior district election commission:
a) if the number of ballot papers placed in the mobile ballot box does not correspond to the number of voters who participated in the voting conducted using the mobile ballot box;
b) if the mobile ballot box was returned to the polling station unsealed;
c) in another case, when the voting procedure conducted using a mobile ballot box requires additional verification of the issue of compliance with the election legislation of Georgia.
Article 75. Counting of votes🔗
1. The precinct election commission shall count the ballot papers in compliance with the following procedure:
a) The first counter shall take a ballot paper from the special envelope, announce for whom the vote was cast, and pass a ballot paper of one type to the second counter, one of the second type to the third counter, and so on, and shall place the special envelope separately. The counters shall arrange the ballot papers separately, in accordance with the votes cast for each electoral subject;
b) Ballot papers not of the established sample and ballot papers considered invalid by the counters shall be arranged separately, and ballot papers whose validity was considered doubtful shall be arranged separately.
2. One supervisor selected from the observers shall be placed at the second counter referred to in subparagraph „a“ of paragraph 1 of this article, and the second supervisor – at the third counter referred to in the same subparagraph. They shall have the right to observe the entire counting procedure, to point out an error, to demand correction of the error, and, in the event of failure to comply with the demand, to appeal the action of the precinct election commission to the higher district election commission, and then to the court. Persons entitled to be present in the polling building shall have the right to point out to the counter that those ballot papers whose validity was considered doubtful should be set aside separately.
3. A ballot paper of the established sample shall be considered invalid only if:
a) the ballot paper is not certified by the signature and special seal of a member of the voter registration commission;
b) it is impossible to determine for which electoral subject the voter cast a vote;
c) more ballot papers than the established number were found in the special envelope;
d) the special envelope is not of the established sample;
e) a ballot paper was found in the ballot box without a special envelope;
f) the ballot paper was intended for another polling station.
4. After the expression of the will by the voter, making any correction, change or addition in any form in the ballot paper shall entail liability in accordance with the procedure established by the legislation of Georgia.
5. After sorting all ballot papers, the ballot papers whose validity was considered doubtful shall be checked. The precinct election commission shall decide by vote the issue of the validity of each ballot paper. A ballot paper considered valid shall be added to the bundle of ballot papers considered valid, and a ballot paper considered invalid – to the bundle of ballot papers considered invalid.
6. After completion of the procedure provided for by paragraph 5 of this article, the ballot papers considered invalid shall be counted and “Invalid” shall be written on them. These ballot papers shall be tied into a package, which shall be signed by the counters and the chairperson of the precinct election commission, and their number shall be immediately recorded by the secretary of the precinct election commission in the demonstrative protocol of voting results and the record book. Invalid ballot papers intended for another polling station shall be tied into a separate package and their number shall be recorded only in the record book.
7. Each package of ballot papers shall be packed and sealed in an envelope of appropriate size. The bundle shall bear the number of the election precinct, the type and number of ballot papers.
8. After completion of the procedure provided for by paragraph 7 of this article, the number of votes cast for each election subject shall be counted, and the ballot papers shall be bundled in the manner described in paragraph 9 of this article. The stack of ballot papers containing the votes attributed to each election subject shall be packed and sealed separately. The number of votes received by the election subjects shall be immediately recorded by the secretary of the precinct election commission in the demonstration protocol of the voting results and in the record book.
9. Every 10 ballot papers shall be fastened with a metal clip, and on each bundle, whether complete or incomplete, the number of bundled ballot papers shall be written. These bundles, in turn, shall be bundled into a separate stack. The stack of bundles of ballot papers shall bear the name and number of the election precinct, data on the election subject (election subjects) (name; first name and surname) and the number of votes received by it (them), as well as the number of ballot papers placed in this stack. For failure to comply with this requirement, responsibility shall be borne by the chairperson of the precinct election commission.
Article 76. Implementation of Certain Election Procedures by Use of Electronic Means🔗
1. The procedures for registration of voters who have arrived at the election precinct, voting, counting of votes and drawing up of the summary protocol of the voting results shall be carried out by use of electronic means in the election districts/election precincts determined by paragraph 1 of Article 77 of this Law.
2. The electronic means provided for by paragraph 1 of this article, as well as the rules and conditions for their use, shall be determined by a resolution of the CEC.
3. The Government of Georgia shall provide financial resources for the holding of elections by use of the electronic means provided for by paragraph 1 of this article.
Article 77. Election districts/election precincts🔗
1. The list of election districts/election precincts where elections will be held using electronic means shall be determined by an ordinance of the CEC in accordance with this article. The said list of election districts/election precincts shall be determined in such a way that these election districts/election precincts cover not less than 70 percent of the total number of voters of Georgia.
2. Elections shall be held using electronic means:
a) in all election precincts located in the territory of a self-governing city;
b) in all election precincts located in the territory of the administrative centre of a municipality;
c) in the election precinct determined by an ordinance of the CEC which does not belong to the election precincts provided for by subparagraphs "a" and "b" of this paragraph.
3. Elections shall not be held using electronic means:
a) in an election precinct established in an exceptional case;
b) in an election precinct established in a hard-to-reach place.
4. In the election precinct where elections will be held using electronic means, the number of voters shall not exceed 3,000.
Article 78. Voting and vote counting procedures🔗
1. The procedures for voting and counting of votes, including the procedures for registration of voters and casting of votes, shall be determined by a resolution of the CEC.
2. In the election precinct where elections will be held using electronic means:
a) the election precinct shall open at 6:45 on the polling day;
b) the marking of voters shall be carried out in accordance with the procedure established by this Law;
c) a control sheet shall not be used;
d) more than one main ballot box and an electronic ballot counting machine may be used.
3. On the basis of the preliminary data counted by the electronic ballot counting machine, the chairperson of the precinct election commission shall print from this machine an extract on the preliminary results, which shall be signed by the chairperson and secretary of the said commission. After the procedure determined by this paragraph is conducted, the procedures for counting votes and drawing up the summary protocol of the polling results provided for by this Law shall continue.
4. Only that ballot of the established form on which only the corresponding circle in front of the name of one electoral subject is coloured in and/or marked shall be valid, notwithstanding the presence of any other type of marking/inscription in the ballot (if such marking/inscription is present).
5. A ballot of the established form shall be considered invalid if:
a) more than one corresponding circle in front of the name of an electoral subject is coloured in and/or marked;
b) none of the corresponding circles in front of the name of any electoral subject is coloured in and/or marked.
6. When counting ballots, counters shall be guided by the requirements of paragraphs 4 and 5 of this article.
Article 79. Determination of the Form and Type of Election Documentation🔗
The CEC shall establish by ordinance the form, text and rules for filling in the election ballot, the types of ballot box and special frame envelope, the form and type of the extract on preliminary results, the summary protocol of voting results and other documentation necessary for conducting elections.
Article 80. Audit of Voting/Elections Conducted Using Electronic Means🔗
1. The audit of voting/elections conducted using electronic means shall be carried out through the following measures:
a) The chairperson of the precinct election commission, in the presence of persons entitled to be in the polling building, shall activate the voter verification device(s) (shall activate the voter verification process in the voter verification device(s)) and shall print the initial report(s) from this device(s), thereby confirming that no voter has been verified by the voter verification device(s). Activation of the voter verification device and printing of the initial report from this device shall be possible only after the chairperson of the precinct election commission enters a special individual code/password into the said device;
b) After activation of the voter verification process in the voter verification device(s), the chairperson of the precinct election commission shall instruct the members of the voter registration commission to print from the voter verification device(s) the voter list (indicating the voter's serial number, surname and actual status), which shall be posted in a visible place together with the demonstration protocol of the voting results and by which it is possible to verify that the voter list loaded in the voter verification device and the desk and wall voter lists are identical;
c) The chairperson of the precinct election commission, in the presence of persons entitled to be in the polling building, shall check the main ballot box and the mobile ballot box and, after it is confirmed that these ballot boxes are empty, shall seal them with seals bearing individual numbers. The main ballot box shall be sealed in such a way that, without damaging the seal, it is impossible to manually place a ballot paper into the ballot box and/or manually remove it from the ballot box and to remove the special electronic vote-counting device installed on the ballot box. The seal numbers shall be recorded in the record book;
d) After the ballot boxes are sealed, the chairperson of the precinct election commission shall print from the special electronic vote-counting device confirmation that as of that time no voter had voted by means of the special electronic vote-counting device ("zero extract") and shall transfer the printout to the commission secretary for safekeeping;
e) The chairperson and secretary of the precinct election commission shall confirm by signatures on the relevant page of the record book the sealing of the empty ballot boxes and the information given in the "zero extract" that as of that time no voter had voted by means of the special electronic vote-counting device;
f) For the purpose of protection and use in the relevant device, the ballot paper has a special barcode and an individual QR code;
g) A voter who has entered the polling room goes to the registration table and presents to the member of the commission registering voters an electronic identity card of a citizen of Georgia (ID card), a valid non-electronic identity certificate of a citizen of Georgia (without an electronic information carrier), or a passport of a citizen of Georgia. The member of the commission registering voters verifies the correspondence between the voter's face and the photograph contained in the presented document. The member of the commission registering voters passes the electronic identity card of a citizen of Georgia through the reader of the voter verification device (the readable zone of the electronic identity card of a citizen of Georgia). In the event of confirmation of correspondence, the voter signs the receipt confirming the voter's verification printed from the voter verification device by the member of the commission registering voters. The receipt confirming the voter's verification printed from the voter verification device is placed by the member of the commission registering voters in an opaque, sealed box placed on the registration table, the slot of which is sealed after the completion of voting and is transferred, together with the election documentation, to the superior district election commission. If necessary, it is possible to recount these receipts and to compare their number with the number of voters participating in the voting indicated in the final report printed from the voter verification device;
h) On the polling day, at 10:00, 12:00, 15:00, 17:00 and 20:00, the number of voters participating in the voting/elections and the total number of voters participating in the voting/elections shall be determined. The data of 12:00 and 17:00 shall be entered into the demonstration protocol of the voting results and the summary protocol of the voting results;
i) After the completion of the voting process, the chairperson of the precinct election commission shall assign one of the members of the commission registering voters to print the final report from the voter verification device;
j) After the completion of the voting process, the information on the voters participating in the voting contained in the special electronic vote-counting device shall be stored electronically, in accordance with the procedure established by the legislation of Georgia;
k) After the completion of the procedure of placing the ballot papers contained in the mobile ballot box into the main ballot box, on the basis of the preliminary data counted by the special electronic vote-counting device, the chairperson of the precinct election commission shall print from this device an extract on the preliminary results. The said information shall be immediately provided to the superior district election commission, and the extract on the preliminary results shall be kept in the record book;
l) After completion of the procedure provided for by subparagraph "k" of this paragraph, the procedures for counting votes and drawing up the summary protocol of the voting results provided for by the election legislation of Georgia shall continue, which provides the opportunity to verify whether the electronic vote-counting machine counted the ballot papers in compliance with the requirements of the election legislation of Georgia;
m) The district election commission shall be obliged to open the relevant election documentation and recount the voting results in the case where, in the summary protocol of the voting results drawn up by the precinct election commission, in such a way that no correction protocol is attached thereto, the number of votes given to an election subject, the total number of voters participating in the election and/or the number of ballot papers considered invalid have been corrected, which is a mechanism for auditing the results of elections conducted using electronic means;
n) The district election commission shall be obliged, no later than the 6th day from the polling day, by random selection from the polling stations located in the territory of the election district, to select 5 polling stations at a commission session, to open the packages received from the precinct election commissions of these polling stations and to recount the ballot papers, which is a mechanism for auditing the results of elections conducted using electronic means.
2. The procedure for confirming the conduct of the audit defined by this Article shall be established by the CEC by ordinance.
Article 81. Conversion of ballot papers into digital format🔗
1. The ballot papers of a polling station where no electronic vote-counting machine is placed shall, in accordance with the procedure defined by a resolution of the CEC, be converted into digital format by means of the relevant electronic device.
2. The CEC shall be obliged to ensure the placement in the internet space, by polling stations, of all versions of the ballot papers converted into digital format that are on the electronic device defined by paragraph 1 of this Article, within 2 days from the polling day. Any interested person may review the version of the ballot papers converted into digital format in the internet space.
3. The procedure for converting ballot papers into digital format and for publishing the ballot papers converted into digital format shall be defined by a resolution of the CEC.
Article 82. Summary Protocols of Voting and Election Results🔗
1. The results of voting and elections shall be reflected in the summary protocols of the voting and election results of the CEC and of the district and precinct election commissions.
2. A summary protocol is an individual administrative-legal act confirming the results of voting and elections. A summary protocol and its copy certified in the manner established by this Law shall have equal legal force.
3. It shall be prohibited to alter the data entered in a summary protocol. The issue of invalidity of such a summary protocol shall be considered by the higher election commission. Alteration of the data entered in a summary protocol shall result in the imposition of liability, in the manner established by this Law, on the chairperson of the respective election commission and the secretary of the respective election commission.
4. If an error was made when filling out a summary protocol, in order to correct it, the inscription "corrected" shall be made immediately next to the respective data in the summary protocol. The election commission shall draw up a correction protocol, which shall note the correction of the data entered in the summary protocol and the date and time of drawing up this protocol. All members of the commission present at the sitting of the election commission shall be obliged to sign the correction protocol. The correction protocol shall be stamped with the seal of the election commission, entered in the book of records, and attached to the summary protocol in which the entered data was corrected.
5. After the sealing of the seal of the precinct election commission provided for by paragraph 14 of Article 83 of this Law and the signing thereof by all members of the commission, it shall be prohibited to draw up a correction protocol for the summary protocol of voting results.
6. Correction of data in the summary protocol of voting results drawn up by a precinct election commission shall be permissible by order of the district election commission, which shall be based on the decision of the district election commission on the opening of sealed packages received from the precinct election commission, the number of signatures of voters who participated in voting, and the recount of ballot papers.
7. Each type of summary protocol (summary protocols of voting results of a precinct election commission and summary protocols of voting and election results of a district election commission) shall be numbered with an individual number, which may not be repeated.
8. Summary protocols shall be recorded accurately. The CEC shall ensure their printing. Summary protocols shall be printed under the continuous supervision of persons authorized by the CEC and observers. The person executing the order for their printing shall be personally liable that the number of protocols printed and transferred to the CEC exactly corresponds to the number of ordered protocols, and that no excess protocols are printed or distributed by him.
9. The chairperson of the election commission shall be responsible for the storage of summary protocols in the election commission and their issuance for their intended purpose.
10. The district election commission shall transfer to the precinct election commission each type of summary protocol of the voting results at the polling station.
11. The summary protocol shall be printed on paper with security marks, which only the CEC has the right to order and purchase.
12. The summary protocol shall be printed in the Georgian language, in Abkhazia – in the Abkhaz language, and for those election districts for which the election ballot is also printed in another language understandable to the local population, the summary protocol may also be printed in the corresponding language.
Article 83. Drawing up of the summary protocol of voting results by the precinct election commission🔗
1. Upon establishment of all the data indicated in paragraph 3 of this article, the secretary of the precinct election commission, in accordance with the existing data, in agreement with the chairman of the precinct election commission, fills in the summary protocol of each type of voting results.
2. During the elections of the Parliament of Georgia, 1 summary protocol shall be drawn up. During the elections of the representative body of a municipality – the sakrebulo, 2 summary protocols shall be drawn up: one protocol – according to the results of the elections held under the proportional electoral system, and the second protocol – according to the results of the elections held under the majoritarian electoral system. During the elections of the mayor of a self-governing city (including the city of Tbilisi)/self-governing community and by-elections, 1 summary protocol shall be drawn up.
3. The summary protocol of voting results shall indicate:
a) the number and name of the electoral district, the number of the electoral precinct;
b) the number of the electoral precinct created in an exceptional case (if any) that is attached to the main electoral precinct;
c) the name of the elections/referendum, the electoral system (proportional, majoritarian);
d) the date of voting (if this is a repeat voting or the second round of elections, this shall also be indicated);
e) the number of voters in the unified list of voters;
f) the number of voters in the special list of voters;
g) the number of signatures of voters participating in the elections in the voter lists at 12:00 and 17:00;
h) the total number of voters participating in the elections (according to the signatures in the voter lists);
i) the number of received ballot papers;
j) the number of ballot papers considered invalid;
k) the names of electoral subjects, the number of votes given to electoral subjects;
l) the date and time of drawing up the protocol;
m) those data of the protocol with which a member of the precinct election commission disagrees (the commission member makes this entry in the column "dissenting opinion" and signs it).
4. All members of the precinct election commission shall be obliged to sign the summary protocol of voting results, thereby confirming their presence at the electoral precinct. The protocol shall be certified by the seal of the precinct election commission.
5. If a member of the precinct election commission disagrees with the data entered in the summary protocol of voting results of the precinct election commission, he/she has the right to attach a dissenting opinion to the protocol in writing.
6. In the case of expressing a dissenting opinion, a member of the precinct election commission shall be obliged to sign the summary protocol of voting results in the appropriate column intended for the signature of a commission member.
7. The summary protocol of voting results drawn up by the precinct election commission shall have legal force if it is signed by the majority of the members of the precinct election commission.
8. The summary protocol of the voting results (with the attached dissenting opinions of the members of the precinct election commission) shall be immediately transferred, together with the sealed package of ballot papers and voter lists, to the superior district election commission, which shall transfer the said protocol, together with the summary protocol of the district election commission, to the CEC.
9. The precinct election commission shall ensure that a photocopy of the summary protocol of the voting results is posted for public review. The precinct election commission shall, upon request, immediately provide the photocopy of the protocol (with the attached dissenting opinions of the members of the precinct election commission) to the representatives of a party/voter initiative group or to a member of the precinct election commission appointed by a party and to observers of an observer organization. The photocopy of the protocol shall be certified by the seal of the precinct election commission and by the signatures of the chairperson and secretary of the precinct election commission (the legal force of these protocols is the same as that of the summary protocol of the voting results of the precinct election commission). The said persons shall confirm receipt of the photocopy of the protocol by signatures in the record book.
10. From the day following the voting day, photocopies of the summary protocol of the voting results of the precinct election commission shall be issued by the district election commission. The said photocopies shall be certified by the seal of the district election commission and by the signatures of the chairperson and secretary of the district election commission (the legal force of these protocols is the same as that of the summary protocol of the voting results of the precinct election commission). A representative/observer shall confirm receipt of the photocopy of the protocol by signature in the registration journal of the district election commission.
11. In the event of a request in accordance with the procedure established by this Law, failure to issue a copy of the summary protocol of the voting results shall result in the imposition of liability on the authorized persons of the commission in accordance with the procedure established by the same Law.
12. Together with the summary protocol of the voting results, voter lists with the signatures of the voters who participated in the voting shall be sent to the district election commission. The district election commission, in turn, shall send the said lists to the CEC, which shall classify them and keep them in the archive.
13. After the completion of all voting procedures, the registration journal of the precinct election commission shall be closed, it shall be signed by the chairperson and the secretary of the precinct election commission, and it shall be certified by the seal of the precinct election commission.
14. The seal of the precinct election commission shall be sealed in a separate package. The package shall be signed by the chairperson of the precinct election commission, the secretary of the precinct election commission, and other members of the precinct election commission.
15. The precinct election commission shall, immediately upon completion of the protocol, send a photocopy of the summary protocol of the voting results to the CEC using the technical means at its disposal.
Article 84. Summarization of the results of voting and elections in the district election commission🔗
1. The district election commission, on the basis of the summary protocols of the results of voting of the precinct election commissions, taking into account the results of the consideration of violations of the election legislation of Georgia, not later than the 15th day from the day of voting, summarizes the results of the referendum, the elections of the Parliament of Georgia, the elections of the representative body of the municipality – the sakrebulo, and the executive body of the municipality – the mayor, determines the results of the elections of the Parliament of Georgia, the elections of the representative body of the municipality – the sakrebulo, and the executive body of the municipality – the mayor, and transmits the summary protocols of each type of the results of the voting and elections held in the election district to the CEC not later than the following day.
2. In the summary protocol of the results of voting/elections of the district election commission, the following shall be noted:
a) the number and name of the election district;
b) the name of the elections/referendum, the electoral system (proportional, majoritarian);
c) the date of voting (if this is a repeat voting or the second round of elections, this shall also be noted);
d) the number of voters in the election district;
e) the number of voters who participated in the elections in the election district;
f) the number of received election ballots;
g) the number of election ballots considered invalid;
h) the names of the election subjects, the number of votes cast for the election subjects;
i) the number of valid ballots (the sum of the numbers of votes cast for the election subjects);
j) the number of the precinct in which the results of voting were declared invalid, the total number of voters in that precinct and the ground for declaring the results of voting invalid;
k) the number of election ballots issued in those precincts where the results of voting were declared invalid;
l) the date and time of drawing up the protocol;
m) those data of the protocol to which a member of the district election commission does not agree (the member of the commission makes this entry in the column "dissenting opinion" and signs it);
n) in the summary protocol of the election results − the data listed in this paragraph, as well as the identity of the elected person (elected persons), the identity of the persons who advanced to the second round of elections and the identity of the person elected in the second round.
3. If the district election commission declared invalid the results of voting in a precinct (precincts) and the total number of voters in that precinct (precincts) is such that a repeat voting cannot influence the determination of the person (persons) elected in the election district or who advanced to the second round of elections, the district election commission shall determine the elected or second-round person (persons) without taking that precinct (precincts) into account.
4. All members of the district election commission who attend the session of the commission shall be obliged to sign the summary protocol of the results of voting/elections. The protocol shall be certified by the seal of the district election commission.
5. If a member of the district election commission does not agree with the data entered in the summary protocol, he/she has the right to note in the protocol what he/she disagrees with, and to attach a dissenting opinion in writing to the protocol. Even in the case of expressing a dissenting opinion, a member of the district election commission shall be obliged to sign the summary protocol of the voting results in the appropriate box designated for the signature of a commission member.
6. The summary protocol of the voting and election results of the district election commission shall have legal force if it is signed by a majority of the members of the district election commission.
7. The secretary of the district election commission shall, immediately upon their determination, enter the data referred to in this Article into the demonstration protocol of the voting results posted in a visible and publicly accessible place in the district election commission.
8. The summary protocol of the voting/election results of the district election commission (with the dissenting opinions of the members of the district election commission attached), as well as the ordinances of the district election commission on making changes to the summary protocols of the voting results of the precinct election commissions (if changes were made therein) shall be immediately transmitted to the CEC.
9. A photocopy of the summary protocol of the district election commission (with the dissenting opinions of the members of the district election commission attached) shall, upon his/her request, be immediately given to the representatives of a party/initiative group of voters and to observers of an observer organisation. The photocopy of the protocol shall be certified by the seal of the district election commission and the signatures of the chairperson and secretary of the district election commission (the legal force of these protocols is the same as that of the summary protocol of the voting/election results of the district election commission). The representative/observer shall confirm receipt of the photocopy of the protocol by signature in the registration journal of the district election commission.
10. In the case of a request in accordance with the procedure established by this Law, failure to issue a certified copy of the summary protocol of the voting results shall result in the imposition of liability on the chairperson of the commission and the secretary of the commission in accordance with the procedure established by the legislation of Georgia.
11. Within 7 days after the summarisation of the voting results, the secretary of the district election commission shall open the sealed record books of the precinct election commissions, make copies of those pages of the books on which the records provided for by paragraph 4 of Article 71 and paragraph 7 of Article 73 of this Law have been made (thereafter the record book shall be sealed again), certify the records by signature and, together with the relevant sealed documents (photocopies of identity cards/passports), transmit them to the CEC.
12. When carrying out the procedures provided for by paragraph 11 of this Article, the secretary of the district election commission shall, within the period established by the same paragraph, make photocopies of those pages of the record books on which the records provided for by subparagraph „a“ of paragraph 4 of Article 67 of this Law have been made, certify them by signature and the seal of the commission and, if necessary, transmit them to the CEC.
Article 85. Summarizing Election Results at the CEC🔗
1. The CEC, on the basis of the protocols received from the district and precinct election commissions, no later than the 26th day from the polling day, at its sessions shall summarize the results of the elections to the Parliament of Georgia, of the Mayor of Tbilisi Municipality and of the Tbilisi Municipality City Council, and shall draw up a summary protocol of the election results.
2. The CEC shall summarize the election results and draw up a summary protocol of the election results, which shall state:
a) number of voters;
b) number of voters who participated in the elections;
c) number of ballot papers deemed invalid;
d) number of votes cast for electoral subjects;
e) identity of the elected person(s);
f) data provided for by the relevant articles of this Law.
3. The summary protocol of the election results shall be signed by the Chairperson and the Secretary of the CEC. The protocol shall be kept at the CEC, while certified photocopies of the protocol shall be provided to the bodies provided for by this Law and to all interested persons.
4. Concurrently with the receipt of the summary protocols of the polling results from the election precincts, the CEC shall ensure that the data of these protocols are posted on its official website. Civil servants of the election administration shall be prohibited from making statements about the preliminary election results unless those results have been published in the prescribed manner on the official website of the CEC.
5. It shall be prohibited for the CEC to summarize the election results before the completion of the relevant election disputes pending in the common courts and without fully taking into account the judgments delivered by these courts.
6. In the event of a statement/complaint and/or a dissenting opinion of a CEC member, the CEC shall be entitled to summarize the election results on the basis of the summary protocols of the polling results of the precinct election commissions.
7. Immediately upon summarizing the final election results, the CEC shall publish on its official website the summary protocol of the final election results and shall transmit it to the "Legislative Herald of Georgia", which shall publish the protocol within 2 days.
8. The CEC shall be obliged to ensure the publicity of the protocol provided for by paragraph 15 of Article 83 of this Law, including by immediately posting it on its official website. At the same time, if the results of an election precinct have been challenged in court in accordance with the procedure established by the legislation of Georgia, the CEC shall be obliged, immediately upon official notification, to make an appropriate note on the relevant protocol posted on the website.
9. The CEC, during any elections, within 40 days after the holding of the voting, shall process the documents received from the district election commissions as provided for by paragraph 11 of Article 84 of this Law and shall create a separate document for each case. Each document contains a certified copy of the relevant page of the records book and the relevant documents attached thereto. These materials shall be transferred to the Agency no later than the 45th day after the holding of the voting, which is obliged to examine them in order to verify the identity of the relevant persons. If, as a result of the verification, participation in elections on the basis of a forged or another person's document, or an attempt to participate, is revealed, the person shall bear the liability provided for by Article 164² of the Criminal Code of Georgia.
Article 86. Holding of the Second Round of Elections🔗
1. The second round of elections shall be held in the cases and within the time limits determined by this Law.
2. For the holding of the second round of elections, the rules and time limits established by Article 87 of this Law shall apply, unless otherwise determined by this Law.
Article 87. Timeframes and Measures Necessary for Holding the Second Round of Elections🔗
1. Voters participating in the second round of elections shall vote according to the voter lists existing for the first round of elections, in which changes shall be made only taking into account the following requirements:
a) In accordance with data provided by the Agency to the CEC on citizens of Georgia who have turned 18 after the first round of elections or will turn 18 on the day of holding the second round, as well as on the basis of information about persons who died during the same period;
b) no later than the 8th day before the day of holding the second round of elections, the District Election Commission shall draw up a special list of the persons provided for by subparagraph "a" of paragraph 1 of Article 35 of this Law, taking into account data on members of the Precinct Election Commission entitled to vote in accordance with the relevant procedure;
c) for the second round of elections, special lists shall be used that, as of the day of holding the second round, meet the requirements established by Article 35 of this Law;
d) no later than the 2nd day before the day of holding the second round of elections, 2 copies of the final version (the version intended for the election commission and the public version) of the updated voter lists certified by the CEC (the unified voter list and the special voter list) shall be transferred to the Precinct Election Commission. The secretary of the Precinct Election Commission shall immediately post the version of the voter list pertaining to public information in a visible place in the building of the Precinct Election Commission (polling station);
e) if on the day of holding the second round of elections a voter is unable to come to the polling station building, no later than 8 days before polling day, the voter shall apply to the Precinct Election Commission with a request to cast a vote by means of a mobile ballot box. No later than the 8th day before the day of holding the second round, the Precinct Election Commission shall draw up the list for the mobile ballot box.
2. No later than the 8th day before the day of holding the second round of elections, the District Election Commission shall draw up the special voter list.
3. The term of authority of the temporary members of the respective District Election Commission shall be extended up to and including the day of publication by the CEC of the summary protocol of the results of the second round of elections.
4. In the event of early termination of the powers of a member of the respective District Election Commission, the election/appointment of his/her successor may be carried out in accordance with the procedure established by the electoral legislation of Georgia.
5. For the second round of elections, the powers of the Precinct Election Commissions shall be exercised by the respective Precinct Election Commissions created in the election district for the first round of elections, unless the CEC adopts a different decision.
6. The term of authority of the members of the Precinct Election Commissions provided for by paragraph 5 of this Article shall be counted from the day of scheduling the second round of elections, up to and including the day of drawing up the summary protocol of the District Election Commission.
7. In the event of early termination of the powers of a precinct election commission member appointed by a party, the respective party shall be entitled, within 2 days of receipt of the notification of the district election commission, to appoint a member of the commission. The district election commission shall immediately notify the respective party of the early termination of the powers of the precinct election commission member.
8. If a party has not exercised the right granted by paragraph 7 of this Article within the period established by the same paragraph, the district election commission shall be entitled, if necessary, to elect a member (members) of the precinct election commission in accordance with the procedures provided for by paragraph 9 of this Article.
9. In the event of early termination of the powers of a precinct election commission member elected by the district election commission, as well as, if necessary, in order to fill up to 17 the number of precinct election commission members, the district election commission shall be entitled, within 1 day, in accordance with the procedure and conditions established by the election legislation of Georgia, to announce a competition, within 1 day of the announcement of the competition to accept competition documents, and on the day following the expiry of the period for submission of these documents, to elect a member (members) of the precinct election commission.
10. It shall be prohibited to recall a precinct election commission member during the last 4 days before the day of voting of the second round of elections, on the day of voting and on the day following the day of voting.
11. The term of office of representatives of election subjects participating in the second round of elections shall be extended until the expiry of the period for appealing the results of the second round.
12. Election subjects defined by this Article shall have the right, in accordance with the procedure established by this Law, to appoint and/or replace representatives.
13. A candidate nominated by an election subject in the first round of elections may not be appointed as a representative of that election subject in the second round of elections.
14. The term of office of observer organisations registered with the CEC and the respective district election commission and of their registered observers shall be extended until the expiry of the period for appealing the results of the second round of elections.
15. The accreditation term of representatives of media organisations accredited with the CEC and the respective district election commission shall be extended up to and including the day of announcement of the final results of the second round of elections.
16. Observer organisations defined by this Article shall have the right, no later than the 5th day before the day of holding the second round of elections, to submit new/additional lists of observers to the secretaries of the respective election commissions.
17. Registered media organisations shall have the right, no later than the 5th day before the day of holding the second round of elections, in accordance with the procedure established by this Law, to submit additional lists to the secretaries of the respective election commissions for the accreditation of media representatives.
18. In order to participate, together with the counters, in the process of counting valid and/or invalid election ballots by representatives of election subjects, the drawing of lots defined by paragraph 3 of Article 73 of this Law shall not be held, and representatives of election subjects participating in the second round of elections shall automatically be granted the right to participate in the said procedure.
19. For the purpose of complying with the rules established by paragraph 18 of this Article, identifying at least 3 counters as defined by paragraph 1 of Article 73 of this Law, and complying with the requirement of the second sentence of paragraph 3 of the same Article, a member of the precinct election commission appointed by the party whose representative has automatically been granted the right to participate in the procedure indicated in paragraph 1 of the said Article shall not participate in the drawing of lots held at the precinct election commission.
20. The second round of elections shall be held on the fourth Saturday after the elections. The CEC shall schedule the second round of elections by an ordinance.
21. If one of the election subjects participating in the second round of elections has lost the passive electoral right, the second round shall not be held and the CEC shall declare the second election subject the winner.
22. For the placement of pre-election advertisements, the tariffs published for the first round of elections shall apply. A change of the respective tariff shall be permissible no later than the 10th day after the completion of the first round. The new tariff shall be sent to the National Communications Commission of Georgia for publication on its website. This tariff shall enter into force upon publication. Broadcasters shall transmit pre-election advertisements from the Monday following the day of scheduling the second round of elections.
23. In the election district (districts) where the second round of elections is held, free airtime shall be distributed among the election subjects participating in the second round in the proportion in which these election subjects are represented in the respective election district (districts) for participation in the second round.
24. The CEC shall be entitled, if necessary, to determine by a resolution other additional measures and deadlines necessary for holding the second round of elections. At the same time, in an exceptional case, if the fulfilment of some requirements established by this Article/compliance with a deadline is impossible, the CEC shall be entitled to determine by a resolution the election measures and deadlines to be carried out for the elections/voting.
Article 88. Appeal against violation of the electoral legislation of Georgia🔗
1. A violation of the electoral legislation of Georgia may be appealed to the relevant electoral commission. The decision of the electoral commission may be appealed, in accordance with the procedure established by this Law and within the established time limits, to a higher electoral commission or to a court, unless otherwise determined by this Law.
2. The time limits and procedure for filing and hearing a constitutional claim with the Constitutional Court of Georgia concerning the constitutionality of a norm regulating elections and of elections to be held or held on the basis of this norm shall be determined by the Organic Law of Georgia "On the Constitutional Court of Georgia".
3. The time limit and procedure for appealing a decision of an electoral commission and a violation of the electoral legislation of Georgia, the time limit for hearing an application/claim/complaint and adopting a decision, as well as the circle of claimants shall be determined by the legislation of Georgia, unless otherwise established by this Law.
4. When conducting elections falling within the competence of the Supreme Electoral Commission of an Autonomous Republic, the time limit and procedure for appealing a violation of the electoral legislation shall be determined in accordance with the procedure established by the legislation of the Autonomous Republic.
Article 89. Procedure for drawing up and submitting an application/complaint on the polling day🔗
1. The application/complaint shall be handed over to the chairperson of the precinct electoral commission, the deputy chairperson or the secretary of the commission. The secretary of the commission shall register the application/complaint in the record book, and shall hand over to the applicant/complainant a certificate signed by him/her, which shall indicate the date, time and registration number of receipt of the relevant application/complaint by the commission.
2. The application/complaint shall indicate:
a) the date and time of drawing up the application/complaint;
b) the name, surname and place of registration of the applicant/complainant;
c) the number of the electoral precinct;
d) if a witness is present – his/her name, surname and place of registration;
e) the essence of the violation and the time of its commission;
f) if the violator is identified – the data relating to him/her that could be established;
g) the explanation of the violator (if any);
h) other additional information.
3. The chairperson of the precinct electoral commission shall be obliged to immediately respond appropriately to the application/complaint and to eliminate the existing violation. If the chairperson of the precinct electoral commission has not eliminated the violation or has otherwise refused to respond to the application/complaint, the observer/representative of an electoral subject or another observer of the same observation organization/another representative of an electoral subject shall have the right to immediately appeal the said violation to the relevant district electoral commission.
4. If the violation recorded in the application/complaint is eliminated, the record book shall indicate "the violation has been eliminated" and the exact time shall be specified.
Article 90. Applications and Complaints concerning Violations of Voting and Vote Counting Procedures🔗
1. An application/complaint concerning a violation of the voting procedure at an election precinct shall be drawn up immediately upon detection of the violation of this Law, in accordance with the procedure established by Article 89 of this Law, from 7:00 on the voting day until the opening of the ballot box.
2. An application/complaint concerning violations committed during the procedures for counting votes and summarizing the voting results, and drawn up with a request for review or invalidation of the voting results, shall be drawn up from the opening of the ballot box until the drawing up of the summary protocol of the voting results, in accordance with the procedure established by Article 89 of this Law.
3. The application/complaint referred to in paragraph 2 of this article shall be registered by the secretary of the precinct election commission in the record book. The precinct election commission/chairperson of the precinct election commission shall be obliged to immediately respond appropriately to the application/complaint and eliminate the existing violation. If the precinct election commission/chairperson of the precinct election commission has not eliminated the violation or has otherwise refused to respond to the application/complaint, an observer/representative of an electoral subject or another observer of the same observer organization/another representative of the electoral subject shall have the right to appeal the action of the precinct election commission/chairperson of the precinct election commission to the relevant district election commission within 3 days. The district election commission shall consider the application/complaint within 4 days from its receipt.
Article 91. Consideration of a statement/complaint related to vote counting and summarization of voting results🔗
1. The statement/complaint referred to in Article 90 of this Law shall be registered by the secretary of the district election commission in the registration journal of the district election commission upon its receipt. The district election commission shall consider the statement/complaint and adopt a decision within 4 days from the registration of the statement/complaint by the commission. The district election commission shall adopt the said decision by an ordinance, which may be appealed only in court in accordance with the procedure established by this Law.
2. If the procedure for submitting information established by subparagraphs “a”–“d” of paragraph 2 of Article 89 of this Law is violated, the relevant official receiving the statement/complaint at the election commission shall be obliged to identify a defect to the submitter of the statement/complaint and set a reasonable time limit for its correction, about which the secretary of the commission shall make an appropriate entry in the registration journal of the commission, which shall be signed by the submitter of the statement/complaint and the relevant official of the commission. In case of failure to fill in the defect within the established time limit, the relevant election commission shall be guided by the procedure established by paragraph 5 of this Article.
3. In case of identification of a defect, the submitter of the statement/complaint shall have the right, within the time limit established by the authorized official of the election commission, to fill in the defect by submitting a similar statement/complaint in which the grounds for identifying the defect are eliminated, and/or to submit a statement indicating the data because of which the defect was identified.
4. In case of correction of the defect, an appropriate entry shall be made in the registration journal of the election commission and the exact time and date of correction of the defect shall be indicated. The entry shall be signed by the person who eliminated the defect and the relevant official of the commission.
5. A statement/complaint submitted in violation of the procedures defined by Articles 89 and 90 of this Law and paragraphs 3 and 4 of this Article shall not be considered, and the chairperson of the relevant election commission shall issue an ordinance on leaving the statement/complaint without consideration.
6. The summary protocol of the voting results of the precinct election commission and the voting results of the election precinct shall be appealed in accordance with the procedure established by paragraph 1 of Article 92 of this Law.
Article 92. Time limit and procedure for appeal🔗
1. The decision of the precinct election commission/the head of the precinct election commission may, within 3 calendar days of its adoption, be appealed to the respective district election commission, which shall examine the complaint within 4 calendar days of its receipt. The decision of the district election commission may, within 2 calendar days of its adoption, be appealed to the respective district/city court, which shall examine the complaint within 2 calendar days of its receipt. The decision of the district/city court may, within 1 calendar day of its adoption, be appealed to the Court of Appeals, which shall examine the complaint within 2 calendar days of its receipt. The decision of the Court of Appeals shall be final and shall not be subject to appeal.
2. Where a decision adopted by the district election commission, on account of an appeal against a decision of the precinct election commission, is appealed to the CEC, the application/complaint shall remain unexamined.
3. The decision of the district election commission/the head of the district election commission may, within 2 calendar days of its adoption, be appealed to the CEC, which shall examine the complaint within 2 calendar days of its receipt. The decision of the CEC may, within 2 calendar days of its adoption, be appealed to the Tbilisi City Court, which shall examine the complaint within 2 calendar days of its receipt. The decision of the Tbilisi City Court may, within 1 calendar day of its adoption, be appealed to the Court of Appeals. The Court of Appeals shall adopt a decision within 2 calendar days of the filing of the complaint. The decision of the Court of Appeals shall be final and shall not be subject to appeal.
4. The decision of the CEC/the head of the CEC may, within 2 calendar days of its adoption, be appealed to the Tbilisi City Court, which shall examine the complaint within 2 calendar days of its receipt. The decision of the Tbilisi City Court may, within 2 calendar days of its adoption, be appealed to the Court of Appeals, which shall adopt a decision within 2 calendar days of the filing of the complaint. The decision of the Court of Appeals shall be final and shall not be subject to appeal.
5. During the election period/referendum period, decisions of the CEC, the Training Centre and/or their procurement committees may be appealed, within 2 calendar days of their adoption, to the Council for the Review of Disputes Related to Public Procurement, which shall review the relevant complaint and adopt a decision within 2 calendar days of receipt of the complaint. Decisions adopted by the Council for the Review of Disputes Related to Public Procurement in relation to the actions/decisions of the CEC, the Training Centre and/or their procurement committees may be appealed, within 2 calendar days of their adoption, to the Tbilisi City Court, which shall review the relevant claim and adopt a decision within 2 calendar days of receipt of the claim. The decision of the Tbilisi City Court may be appealed, within 2 calendar days of its adoption, to the Tbilisi Court of Appeals, which shall review the claim within 1 calendar day of its receipt. The decision of the Tbilisi Court of Appeals shall be final and shall not be subject to appeal.
6. It shall be prohibited to extend the time limits for appeal and for the review of a dispute established by this Article, unless otherwise provided by this Law.
7. An application/complaint shall be left unexamined if the time limit and procedure for its submission have been violated.
8. In electoral disputes provided for by Article 93 of this Law, a claim/application/complaint submitted to an election commission/court by persons other than those defined by the same Article shall be left unexamined.
9. A claim/application/complaint shall be deemed submitted to an election commission/court from the moment of its registration with the relevant election commission/court.
10. The submission of a claim/application/complaint to an election commission/court shall not suspend the effect of the appealed decision.
11. Information on leaving an application/complaint unexamined shall, upon the issuance of the order of the chairperson of the relevant election commission, be immediately communicated to the party in accordance with the procedure established by paragraph 14 of this Article.
12. A complaint may be submitted to the district election commission and the CEC both in material and electronic form. The procedure for submitting a complaint in electronic form shall be determined by the CEC by order.
13. A party shall be obliged to clearly indicate in the complaint the contact telephone number (residential and/or mobile telephone number) of the author of the complaint. The fax and e-mail address of the author of the complaint shall also be indicated (if any).
14. For the review of a complaint, in order to comply with the time limits for the review of a complaint required by this Law, a party may be summoned both in writing and by telephone (including by mobile telephone; by short text message), by e-mail, fax or other technical means. The summoning of a party by technical means shall be confirmed by:
a) connecting to the contact telephone number indicated by him;
b) in the case of electronic mail, fax or short text message – by confirmation delivered through the relevant technical means. Upon receipt of confirmation in the said manner, the party shall be considered summoned. A party shall also be considered summoned if it is impossible to contact it through the technical means indicated in the complaint (due to a mobile telephone, fax or computer being switched off, etc.).
15. The election administration of Georgia shall be obliged to notify the party of the time and place of the hearing of the case no later than 3 hours before the commencement of the hearing of the case.
16. The person filing the complaint/observer organisation/election subject shall be notified of the time and place of the hearing of the complaint in the election commission, in accordance with the requirements of this Law.
17. If the author of the complaint is an observer organisation registered with the election commission or its representative, the relevant observer of that organisation registered with the election commission or that organisation shall be notified of the time and place of the hearing of the complaint.
18. If the author of the complaint is an election subject or its appointed representative, the representative of that subject appointed on the basis of Article 47 of this Law shall be notified of the time and place of the hearing of the complaint.
19. If the author of the complaint is a member of the election commission, he/she shall be notified personally of the hearing of the complaint.
20. When summoning a party by technical means, a record shall be drawn up, which shall be attached to the complaint submitted at the sitting of the election commission. In the CEC, the record shall be drawn up by an employee of the legal department of the CEC and shall be signed by the person drawing up the record and the head of the service. In a lower election commission, the record shall be drawn up, on the instruction of the chairperson of the commission, by one of the members of the commission and shall be signed by the person drawing up the record and the chairperson of the commission. The form of the record shall be approved by an ordinance of the CEC.
21. A party shall have the right, in accordance with the procedure established by the election legislation of Georgia, to participate in the hearing of the complaint.
22. The non-appearance of a party shall not be a ground for postponing the hearing of the complaint.
23. A party attending a sitting of the election commission shall, before the commencement of the sitting, at its request, be given photocopies of the investigation materials related to the hearing of its complaint.
24. When hearing a complaint provided for by this Article in an election commission, a party's representative may not be a person who, since the appointment of the elections, was/is an election subject, except for a person holding the authority to lead/represent a party.
25. A decision on the hearing of the complaint shall be taken after due examination and study of the evidence submitted by the parties and the materials obtained by the election administration of Georgia on its own initiative.
26. The election commission shall be obliged to indicate in the decision taken the time limit and place for appealing the decision (the name and address of the institution) where it may be appealed.
27. A party participating in the consideration of a complaint shall, upon its request, be handed the decision related to the complaint (except for the minutes of a sitting of the election commission) before 12 o'clock of the day following the day of adoption of this decision, taking into account the time limits established by the legislation of Georgia for drawing up the relevant documentation.
28. A party which, despite notification, did not appear at the consideration of the complaint, shall be sent the decision adopted by the election commission in writing.
29. In the case of non-appearance of a party at a sitting of the election commission during the consideration of a complaint, the date of delivery to it of the written document on the decision adopted shall not be the basis for counting the time limit for appealing this decision.
30. In the case of filing a claim/complaint with a court, the court shall be obliged to immediately notify the relevant district election commission/CEC of the receipt of the claim/complaint, and after delivering the decision – of the decision. The decision of the district/city court shall be transmitted to the parties before 12 o'clock of the following day.
31. In the case of non-appearance of a party during the consideration of a dispute in court, the court shall deliver a decision on the basis of the examination of the materials in the case and taking into account the provisions of Articles 4, 17 and 19 of the Administrative Procedure Code of Georgia.
32. Courts shall immediately provide the CEC with information on claims/complaints concerning election disputes filed with the common courts. At the same time, the relevant court shall send the CEC the ruling related to the case under consideration on the scheduling of the sitting and the joinder of third parties. The CEC shall publish this ruling on its official website immediately upon receipt. The said ruling shall be considered delivered to third parties 3 hours after its publication on the official website of the CEC, and they shall be considered summoned to the court proceedings.
Article 93. Election disputes and the circle of claimants🔗
1. The right to submit an application/complaint to an election commission in an election dispute provided for by this Article shall be held by the persons defined by this same Article who have the right to file a claim in court, as well as by persons registered in the electronic register, acting in the name of these persons — on the basis of their application, address, or submission. The procedure for maintaining the electronic register shall be determined by the CEC by ordinance.
2. In connection with the voters' list, the right to file a claim in court shall be held by a representative of a party/initiative group of voters with election registration in the respective election commission, an organisation with observer status (during a non-election period — an organisation with observer status registered for the last general elections), a member of the respective district or precinct election commission, and a citizen whose application for inclusion in the voters' list was not satisfied by the election commission.
3. In connection with the creation of election districts, the right to file a claim in court within the time limit established by this Law shall be held by a representative of a party with election registration in the CEC, an organisation with observer status registered for the last general elections, and a member of the CEC.
4. In connection with the creation of election precincts, the right to file a claim in court within the time limit established by this Law shall be held by a representative of a party with election registration in the respective district election commission, an organisation with observer status registered for the last general elections, and a member of the respective district election commission.
5. In connection with the appointment/election of a member of the CEC/district election commission, the right to file a claim in court within the time limit established by this Law shall be held by a person defined by the legislation of Georgia.
6. In connection with the appointment/election of a member of a precinct election commission, the right to file a claim in court within the time limit established by this Law shall be held by a representative of a party/initiative group of voters with election registration in the respective district election commission, an organisation with observer status, and a member of the respective district or precinct election commission.
7. In connection with an ordinance of an election commission or its chairperson on the early termination of the powers of a member of an election commission or the head of an election commission, as well as in connection with the failure to adopt a decision on the early termination of powers (where the ground provided for by Article 13 of this Law exists), the right to file a claim in court within the time limit established by this Law shall be held by a party with election registration, an organisation with observer status, and a member of the respective or superior election commission whose powers were terminated early by this ordinance.
8. On account of an ordinance of the CEC on the early termination of the powers of a lower election commission, as well as on account of the failure to adopt a decision on the early termination of powers, the right to file a suit with the court shall be vested in a member of the CEC, a representative in the CEC of a party having election registration, an organisation with observer status, and more than half of those members of the election commission whose powers were terminated early by this ordinance.
9. On account of the failure to fulfil the obligation established by paragraph 2 of Article 59 of this Law, the CEC shall have the right to file a suit with the court within 10 days from the expiry of the period defined by the same paragraph.
10. On account of the election registration of a party, an initiative group of voters and the registration of their representatives, the right to file a suit with the court shall be vested in:
a) a party, a representative of an initiative group of voters in the CEC (during the election of the Mayor of the Tbilisi Municipality), if the CEC chairperson did not register this party, initiative group of voters or their representatives, or cancelled their registration;
b) a party, a representative of an initiative group of voters in the relevant district election commission (during the election of the representative body of a municipality (except the city of Tbilisi) — the Sakrebulo — and of the executive body — the mayor), if the chairperson/secretary of the district election commission did not register the initiative group of voters or their representatives, or cancelled their registration;
c) a party, a representative of an initiative group of voters in the CEC (during the election of the Mayor of the Tbilisi Municipality), at least 2 persons with observer status (who were appointed as observers in the CEC), if they consider that the party was registered in violation of the requirements of the election legislation of Georgia;
d) a party, a representative of an initiative group of voters in the relevant district election commission (during the election of the representative body of a municipality (except the city of Tbilisi) — the Sakrebulo — and of the executive body — the mayor), at least 2 persons with observer status (who were appointed as observers in the relevant election district), if they consider that the initiative group of voters was registered in violation of the requirements of the election legislation of Georgia.
11. On account of an ordinance of the chairperson of an election commission on the registration of a party list submitted by a party participating in the elections, of individual candidates included in the party list, of a candidate nominated in a single-mandate election district, of a mayoral candidate, the right to file a suit with the court shall be vested in:
a) a party participating in elections, a majoritarian candidate, a representative of an electorate initiative group in the relevant district election commission (during elections of the representative body of a municipality – the sakrebulo), if the CEC chairperson did not register a candidate for the office of Mayor of Tbilisi Municipality, a party list nominated by a party, individual candidates nominated by a party list, and if the chairperson of the district election commission did not register, during sakrebulo elections, a party list nominated by a party, individual candidates nominated by a party list, candidates nominated by a party/electorate initiative group, during elections of the mayor of a self-governing city (except the city of Tbilisi)/self-governing community, mayoral candidates nominated by a party, and/or the chairpersons of these election commissions cancelled their registration;
b) a party with electoral registration participating in elections, at least 2 persons with observer status (who were appointed as observers in the CEC), if they consider that the CEC chairperson registered a party list, individual candidates nominated by a party list, a candidate for the office of Mayor of Tbilisi Municipality in violation of the requirements of the electoral legislation of Georgia, and also if the individual candidates nominated by a party list fail to meet the requirements established by the Constitution of Georgia and other legislative acts of Georgia or their said requirements were met in violation of the procedure established by the legislation of Georgia;
c) a party with electoral registration participating in elections, a representative of an electorate initiative group in the relevant district election commission (during elections of the representative body of a municipality – the sakrebulo), at least 2 persons with observer status (who were appointed as observers in the district election commission), if they consider that the chairperson of the district election commission registered a party list, individual majoritarian candidates or candidates nominated by a party list, candidates for the office of mayor of a self-governing city (except the city of Tbilisi)/self-governing community in violation of the requirements of the electoral legislation of Georgia, and also if individual majoritarian candidates or candidates nominated by a party list fail to meet the requirements established by the Constitution of Georgia and other legislative acts of Georgia or their said requirements were met in violation of the procedure established by the legislation of Georgia.
12. In respect of a CEC order on the registration of a local/international observer organisation, the right to file a claim in court shall be held by the said organisation, if the CEC did not register it, by a party with electoral registration and by a registered organisation with observer status, if they consider that the observer organisation was registered in violation of the requirements of the electoral legislation of Georgia.
13. Due to an order of the district election commission on the registration of a local observer organization, the right to file a claim in court shall be vested in the said organization, if the district election commission did not register it, in the representative of a party/registered initiative group of voters having election registration in the respective district election commission, in a registered organization having the status of an observer, if they consider that the observer organization was registered in violation of the requirements of the election legislation of Georgia.
14. Due to an order of the secretary of the CEC/district election commission on the accreditation of a representative of the press or another mass media outlet, the right to file a claim in court shall be vested in the representative of the press or another mass media outlet whose application for accreditation was not satisfied by the election commission, in a party having election registration/the representative of an initiative group of voters in the respective election commission, in an organization having the status of an observer.
15. Due to an act defined by paragraph 1 of Article 52 of this Law, the right to file a claim in court shall be vested in:
a) a party, an organization having the status of an observer, an election commission, if the claim concerns a violation of the above rule by a party or a candidate for the office of Mayor of the Municipality of the City of Tbilisi;
b) a party, the representative of an initiative group of voters in the respective district election commission (during elections to the representative body of a municipality – the Sakrebulo), a majoritarian candidate, a candidate for the office of Mayor, an organization having the status of an observer, an election commission, if the claim concerns a violation of the above rule by a candidate nominated in an election district.
Note: A person defined by this paragraph is entitled to apply to the court himself/herself on the matter provided for by this same paragraph. An application/complaint submitted by him/her regarding the submission of such a claim to another authorized person shall not be subject to consideration.
16. Due to a violation by the press and other mass media outlets of the provisions of paragraph 3 of Article 51 and paragraphs 1–5 of Article 56 of this Law, the right to file a claim in court shall be vested in a person defined by the legislation of Georgia.
17. In the event of a violation of the provisions of Article 53 of this Law, due to an order of the chairperson of the election commission, the right to file a claim in court shall be vested in the party that nominated the candidate, the initiative group of voters, the candidate in respect of whom the order was issued, the representative of another party having election registration in the CEC, an organization having the status of an observer, the representative of an initiative group of voters in the district election commission (in the case of a majoritarian candidate), if the election commission did not confirm the above violation.
18. On the matters defined by paragraph 17 of this Article, a claim shall be filed with the respective district/city court not later than the day following the polling day, and the court shall deliver its judgment not later than the day following the filing of the claim. The judgment of the district/city court may be appealed to the appellate court not later than the day following its delivery, and the appellate court shall deliver its judgment not later than the day following the filing of the claim.
19. In the case of appealing the summary protocol of the polling results of the precinct election commission, by reason of the respective ordinance of the higher district election commission, the right to file a claim with the court shall be held by a party with electoral registration, an initiative group of voters or their representatives in the respective district election commission, and an organisation with observer status.
20. By reason of the ordinance of the district election commission on declaring the polling results at an election precinct invalid or on not declaring them invalid, the right to file a claim with the court shall be held by a party, an initiative group of voters or their representatives in the respective district election commission, a majoritarian candidate, a candidate for mayor of a self-governing city/self-governing community, and an observer of an organisation with observer status in the respective district election commission.
21. By reason of the CEC ordinance on declaring the elections held or not held, the right to file a claim with the court shall be held by a party participating in the elections, a representative of an initiative group of voters in the district election commission (in the case of an election district), a majoritarian candidate, a candidate for mayor of a self-governing city/self-governing community, and an organisation with observer status.
22. In the case of appealing the summary protocol of the district election commission, by reason of the respective ordinance of the CEC, the right to file a claim with the court shall be held by a party participating in the elections, a representative of an initiative group of voters in the district election commission, a majoritarian candidate, a candidate for mayor of a self-governing city/self-governing community, and an organisation with observer status.
23. By reason of the CEC summary protocol of the election results, the right to file a claim with the court shall be held by a party participating in the elections, a candidate for mayor of the Tbilisi Municipality, a majoritarian candidate (during the elections of the Sakrebulo of Tbilisi Municipality), and an organisation with observer status.
Article 94. Proceedings upon the commission of administrative offences provided for by this Chapter🔗
1. Upon the commission of administrative offences provided for by this Chapter, proceedings shall be conducted in accordance with the Code of Administrative Offences of Georgia, unless otherwise provided by this Law.
2. Protocols on the administrative offences provided for by paragraph 1 of Article 95 and Articles 97 and 102−109 of this Law shall be drawn up by the Chairperson of the CEC and by persons (officials) authorised by the CEC and the respective district election commissions.
3. In the event of non-compliance with a police instruction on the suppression of an administrative offence provided for by paragraph 2 of Article 95 of this Law, a protocol on the administrative offence shall be drawn up and an administrative penalty shall be imposed on the offender by a person authorised by the Ministry of Internal Affairs of Georgia.
4. Protocols on the administrative offences provided for by Article 98 and paragraphs 2−4 of Article 99 of this Law shall be drawn up by the National Communications Commission of Georgia, except where the drawing up of the respective protocol entails the liability of an election subject.
5. Protocols on the administrative offences provided for by paragraphs 1 and 3 of Article 99 of this Law (in the case of fining an election subject) shall be drawn up by the Chairperson of the CEC on the basis of a reasoned application and the materials submitted by the National Communications Commission of Georgia.
6. Protocols on the administrative offences provided for by Articles 100 and 101 of this Law shall be drawn up by the State Audit Office.
7. In the case of unlawfully removed, torn down, covered or damaged election posters, in the part of the administrative offence provided for by Article 96 of this Law, a protocol on the administrative offence shall be drawn up by the executive body of the respective municipality or a person authorised by it.
8. The authorised body defined by paragraph 2 of this Article shall take a decision on drawing up a protocol on the administrative offence provided for by the same paragraph within 10 days, while the time limit for the court to establish the fact of the administrative offence/take a decision shall not exceed 10 days from the submission of the respective protocol to the court. The authorised body (official) defined by paragraph 2 of this Article shall, in a non-election period, as well as where the administrative offence was committed before the scheduling of the respective elections, take a decision on drawing up a protocol on the administrative offence provided for by Article 104 of this Law within 30 calendar days.
9. The authorised body defined by paragraph 4 of this Article shall consider the issue of drawing up a protocol on the administrative offence provided for by the same paragraph and shall adopt a decision at a public hearing, within 2 days of the detection of the administrative offence, in accordance with the procedure established by it. At the same time, the absence of the offender at the court hearing shall not impede the adoption of a decision. After the authorised body defined by paragraph 4 of this Article has adopted a decision, the authorised person designated by it shall, within the period established by this paragraph, in accordance with paragraph 2² of Article 240 of the Code of Administrative Offences of Georgia, draw up a protocol on the administrative offence. The period for the court to establish the fact of the administrative offence/adopt a decision shall not exceed 2 days from the submission of the relevant protocol to the court.
10. The authorised body defined by paragraph 5 of this Article shall adopt a decision on drawing up a protocol on the administrative offence provided for by the same paragraph within 2 days of the receipt of the relevant reasoned application, while the period for the court to establish the fact of the administrative offence/adopt a decision shall not exceed 2 days from the submission of the relevant protocol to the court.
11. A decision on refusal to draw up a protocol on an administrative offence, adopted in accordance with this Law by a person authorised by the election administration of Georgia and having the right to draw up a protocol on an administrative offence, or by the Chairperson of the CEC, in connection with a violation of the election legislation of Georgia, may be appealed to a court within 2 calendar days of its adoption, and the court shall consider the complaint within 10 calendar days of its receipt. As a result of the consideration of the case, the court shall adopt a ruling on the imposition of an administrative penalty or shall refuse to satisfy the complaint.
Article 95. Participation in pre-election agitation in violation of the requirements of this Law🔗
1. Participation in pre-election agitation in violation of the requirements of this Law –
shall entail a fine in the amount of GEL 2,000.
2. Violation of the requirement of paragraph 12 of Article 50 of this Law −
shall entail a fine in the amount of GEL 2,000.
Article 96. Obstruction of the distribution of pre-election addresses and materials🔗
1. Obstruction of the distribution, in accordance with the procedure established by this Law, of pre-election addresses, statements, inscriptions, leaflets, photo materials and other materials, and the seizure thereof, as well as the seizure of motor vehicles and other means equipped with special devices intended for agitation purposes, or obstruction of their use for conducting pre-election agitation –
shall entail a fine in the amount of GEL 1,000.
2. The same act committed by an official, −
shall entail a fine in the amount of GEL 2,000.
Article 97. Holding an election campaign in institutions where this activity is prohibited🔗
Holding an election campaign in the buildings of those institutions where holding it is prohibited by this Law, and the issuance of such permission by an authorized person –
shall result in a fine in the amount of 1,000 GEL.
Article 98. Violation of the rules related to the publication of the results of public opinion polls related to elections🔗
Publication of the results of public opinion polls related to elections within the period established by law without the mandatory information, or violation of another rule related to their publication −
shall result in a fine of the broadcaster in the amount of 5,000 GEL, and of another media outlet – in the amount of 1,500 GEL.
Article 99. Production and placement of political/pre-election advertising in violation of the requirements established by law🔗
1. Violation of the requirements established by this Law in relation to pre-election agitation, the production and placement of political/pre-election advertising, except for the cases provided for by paragraphs 2 and 3 of this Article, shall result in a fine of the respective party in an amount not exceeding the tariff established at the time of placement of the advertising, while violation of the requirement established by paragraph 12 of Article 57 of this Law shall result in a fine of the respective party in an amount not exceeding double the tariff established at the time of placement of the advertising. If the fine is caused by the placement of free advertising, the amount of the fine shall be calculated in an amount not exceeding double the tariff determined by the respective broadcaster for the placement of paid advertising.
2. Violation of the requirement established by paragraph 13 or 14 of Article 57 of this Law shall result in a fine of the respective broadcaster in an amount not exceeding double the tariff established at the time of placement of the advertising. If the fine is caused by the placement of free advertising, the amount of the fine shall be calculated in an amount not exceeding double the tariff determined by the respective broadcaster for the placement of paid advertising. Violation of the requirement established by subparagraphs „b“–„d“ of paragraph 1 of Article 56 of this Law or by paragraph 2, or non-fulfilment by the broadcaster of another obligation established by Article 57 of this Law shall result in a fine of the respective broadcaster in the amount of 5,000 GEL.
3. The making of automated telephone calls and the sending of short text messages provided for by paragraph 11 of Article 57 of this Law shall result in a fine of the respective party and of the fixed or mobile communication network operator in an amount not exceeding double the fee paid for the respective service.
4. Violation of the requirement established by paragraph 3 of Article 56 of this Law shall result in a fine of the newspaper (print media outlet) in the amount of 1,500 GEL.
Article 100. Responsibility of electoral subjects for violation of the Organic Law of Georgia "On Political Unions of Citizens"🔗
1. Electoral subjects bear responsibility for violation of the Organic Law of Georgia "On Political Unions of Citizens", as well as for an act the purpose of which was to circumvent the requirements established by law for the financing of political activity.
2. Imposition of the responsibility provided for by paragraph 1 of this Article shall be carried out in accordance with the procedure established by the Organic Law of Georgia "On Political Unions of Citizens" and by this Law.
Article 101. Failure to comply with the requirements established by law on the restriction of election campaign expenses and accountability🔗
1. Failure to fulfil the obligation established by law to submit information about the election campaign fund and a financial report and/or their submission with incorrect data shall result in a warning or a fine − for an independent candidate − in the amount of GEL 1,000, for a party − in the amount of GEL 5,000.
2. Violation of a requirement established by paragraph 7 or 8 of Article 60 of this Law shall result in a fine in the amount of double the expense incurred in excess of the respective limit.
3. Commission of an act provided for by this Article repeatedly during the same elections shall result in a fine in the amount of double the fine established by the respective paragraph, and commission of the act repeatedly after a warning has been received − in the amount of the fine established by the respective paragraph.
4. The responsibility provided for by this Article may be imposed on a person within 6 years from the commission of the respective act.
Article 102. Refusal to submit materials and data to an election, referendum or plebiscite commission or failure to comply with its decision🔗
Refusal to submit necessary materials and data to an election, referendum or plebiscite commission or failure to comply with its decision –
shall result in a fine of an official in the amount of GEL 1,000.
Article 103. Alteration of data entered in the summary protocols of voting and election results🔗
Alteration of data entered in the summary protocols of voting and election results, which is not confirmed by a correction protocol drawn up by the respective election commission, −
shall result in a fine of the chairperson of the respective election commission and/or the secretary of the respective election commission – in the amount of GEL 500 each.
Article 104. Violation of the requirements established by law in the use of administrative resources and in the use of official or employment position during pre-election agitation and pre-election campaign🔗
1. Violation of the requirements established by this Law in the use of administrative resources and in the use of official or employment position during pre-election agitation and pre-election campaign –
shall result in a fine in the amount of GEL 2,000 to GEL 4,000.
2. The responsibility provided for by this Article may be imposed on a person within 3 years from the commission of the respective act.
Article 105. Failure to issue a copy of the summary protocol of elections, referendum or plebiscite🔗
Failure to issue a copy of the summary protocol of elections, referendum or plebiscite –
shall result in the fining of the chairperson or/and secretary of the relevant election commission in the amount of GEL 1,000.
Article 106. Obstruction of a person entitled to be present in the polling building in making an entry in the record book🔗
Obstruction of a person entitled to be present in the polling building in making an entry in the record book –
shall result in the fining of the relevant person in the amount of GEL 500.
Article 107. Restriction of the rights of observers, election subjects and media representatives🔗
Restriction of the rights established by this Law of local/international observers, election subjects and media representatives, or obstruction of their activities –
shall result in the fining of the relevant person in the amount of GEL 500.
Article 108. Interference in the functions and activities of an election commission🔗
Interference in the functions and activities of an election commission −
shall result in the fining of the relevant person in the amount of GEL 2,000.
Article 109. Violation by observers, election subjects and media representatives of the requirements imposed on them🔗
Violation by observers, election subjects and media representatives of the requirements imposed by subparagraphs „b“–„d“ of paragraph 2 of Article 46 of this Law –
shall result in the fining of the relevant person in the amount of GEL 500.
Article 110. Liability for failure of a broadcaster to provide and publish information🔗
Failure by the relevant broadcaster to comply with the requirement to provide the National Communications Commission of Georgia, within 5 calendar days from no later than the 60th day before the polling day, with the airtime tariffs and the changed tariffs, as well as with the requirement established by subparagraph „a“ of paragraph 1 of Article 56 of this Law, shall result in the imposition by the National Communications Commission of Georgia on the broadcaster of the administrative liability provided for by the Law of Georgia on Broadcasting.
Article 111. Election of the President of Georgia🔗
The President of Georgia shall be elected by the Electoral College for a term of 5 years, without debates, by open ballot. The same person may be elected President of Georgia only twice.
Article 112. Holding of Regular Elections of the President of Georgia🔗
1. Regular elections of the President of Georgia shall be held in October of the calendar year in which the President's term of office expires.
2. The date of regular elections of the President of Georgia shall be set by the Parliament of Georgia 60 days before the election day. If the date of the elections of the President of Georgia coincides with the month of the elections of the Parliament of Georgia or the preceding month, the elections of the President of Georgia shall be held within 45 days from the holding of the first sitting of the newly elected Parliament of Georgia.
3. If the date of the elections of the President of Georgia coincides with a state of emergency or martial law, the elections of the President of Georgia shall be held within 45 days from the lifting of that state.
4. The holding of the elections of the President of Georgia shall be ensured by the Parliament of Georgia through the Central Election Commission (CEC).
5. Notice on the setting of the elections of the President of Georgia shall be published on the official websites of the Parliament of Georgia and the CEC no later than the day following the day of setting the elections.
Article 113. Passive Electoral Right🔗
A citizen of Georgia with the electoral right who has lived in Georgia for at least 15 years may be elected as President of Georgia from the age of 40.
Article 114. Right to Nominate a Candidate for the Presidency of Georgia🔗
At least 30 members of the Electoral College shall have the right to nominate a candidate for the Presidency of Georgia.
Article 115. Procedure for nominating a candidate for the Presidency of Georgia🔗
1. A member of the Electoral College may support the nomination of only one candidate for the Presidency of Georgia.
2. For the purpose of nominating a candidate for the Presidency of Georgia, not less than 30 members of the Electoral College shall, after approval of the composition of the Electoral College, but not later than the 30th day before election day, submit an application to the CEC.
3. The application shall indicate the following in respect of the candidate for the Presidency of Georgia:
a) name, surname;
b) date of birth;
c) position (occupation);
d) place of work;
e) address (according to the identity card of a citizen of Georgia or the Agency's database);
f) personal number of a citizen of Georgia;
g) party affiliation;
h) period of residence in Georgia;
i) name, surname, personal number of a citizen of Georgia, position, contact telephone number and other details (if any) of the members of the nominating Electoral College and their representative.
4. The application shall be accompanied by the written consent of the candidate for the Presidency of Georgia to participate in the elections, a certificate on deprivation of rights and 3 photographs.
5. The application shall also be accompanied by a written declaration of the candidate for the Presidency of Georgia that he/she is not simultaneously a citizen of another state. If the candidate for the Presidency of Georgia is simultaneously a citizen of another state, the application shall be accompanied by a document confirming that the candidate for the Presidency of Georgia has applied to the competent authority of the respective other state for renunciation of the citizenship of that state.
6. The application shall be signed by all members of the Electoral College who nominate the candidate for the Presidency of Georgia.
Article 116. Registration of a candidate for the Presidency of Georgia🔗
1. The CEC shall register a candidate for the Presidency of Georgia by ordinance, no later than the 20th day before the election day.
2. The CEC ordinance on the registration of a candidate for the Presidency of Georgia shall be submitted to the Parliament of Georgia within 3 days of its adoption.
3. The Chairperson of the CEC shall, within 3 days of registration, issue the relevant certificate to the candidate for the Presidency of Georgia.
4. If the documentation submitted by the electoral college is incomplete or does not meet the requirements established by this Law, the Chairperson of the CEC shall identify the defect no later than the next day after the submission of the application, and the representative of the electoral college shall be given 3 days to remedy the defect. If the defect is not remedied within the established period, the candidate for the Presidency of Georgia and his/her representative shall be refused registration by CEC ordinance.
5. The CEC shall not register a candidate for the Presidency of Georgia if the requirements and rules established by this Law have been violated.
6. The CEC ordinance on the registration of a candidate for the Presidency of Georgia/on refusal of registration may be appealed (may be appealed by them) in accordance with the procedure established by paragraph 4 of Article 92 of this Law only by the relevant member(s) of the electoral college and/or the person nominated as a candidate for the Presidency of Georgia.
7. No later than the 6th day after the registration of a candidate for the Presidency of Georgia, the Parliament of Georgia and the CEC shall publish on their official websites a notice on the registration of the candidate for the Presidency of Georgia, indicating his/her first name, surname, year of birth, position (activity) and place of work.
8. A candidate for the Presidency of Georgia shall have the right, at any time, except in the case provided for by paragraph 9 of this Article, to withdraw his/her candidacy no later than the 3rd day before the polling day. For this purpose, he/she must apply to the CEC with a written statement.
9. A candidate for the Presidency of Georgia participating in the second round of the election of the President of Georgia shall not have the right to withdraw his/her candidacy.
Article 117. Guarantees of the activity of a candidate for the Presidency of Georgia🔗
1. A candidate for the Presidency of Georgia may not be dismissed from service or transferred to another job or another position without his/her consent.
2. Before the official publication of the final results of the election, a candidate for the Presidency of Georgia may not be detained, arrested or searched unless the CEC gives consent to the submission of the Prosecutor General of Georgia. An exception is the case of being caught in the act of a crime, which must be immediately reported to the CEC. If the CEC adopts an appropriate ordinance, the detained or arrested candidate for the Presidency of Georgia shall be immediately released.
3. The CEC ordinance on giving the consent referred to in this Article shall be voted on within 3 calendar days of the receipt of the submission of the Prosecutor General of Georgia.
Article 118. Electoral College🔗
1. The Electoral College shall consist of 300 members.
2. The Electoral College shall include:
a) all members of the Parliament of Georgia;
b) all members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara;
c) members of the representative bodies of municipalities — sakrebuloes — nominated by the respective parties from the composition of the representative bodies of municipalities in accordance with this Law.
Article 119. Nomination by parties of the members of the electoral college from the composition of the representative bodies of municipalities − Sakrebulo🔗
1. Parties shall nominate members of the electoral college from the composition of the representative bodies of municipalities − Sakrebulo in accordance with the quotas allocated to them.
2. Quotas shall be determined in compliance with the principle of proportional geographic representation, according to the proportion of the results of the elections held under the proportional electoral system for municipal bodies.
3. In accordance with the results of the elections held under the proportional electoral system for municipal bodies, quotas shall be determined according to the following formula: P = A * B / C, where:
a) P is the amount of the quota determined for an authorised party, which is a whole number obtained;
b) A is the number of votes received by the party which, in accordance with the results of the last nationwide elections to municipal bodies held under the proportional electoral system, received at least 1 per cent of the valid votes of voters;
c) B is the full composition of the electoral college minus the sum of all members of the Parliament of Georgia and all members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara;
d) C is the sum of the numbers of valid votes of those parties which received at least 1 per cent of the votes of voters and which participated in the last nationwide elections to municipal bodies held under the proportional electoral system.
4. If the sum of the quotas to be received by the authorised parties under the procedure established by this Article is less than B, the undistributed quotas shall be assigned to the authorised parties taking into account the sequence of their electoral results.
5. A party shall, in accordance with the quota allocated to it, nominate members of the electoral college from the Sakrebulo elected in the territory of the Autonomous Republic of Adjara, in the territory of the municipality of the City of Tbilisi and in the territory of operation of the State Representative, in compliance with the principle of proportional geographic representation.
6. Not later than the 2nd day from the day of the appointment of the presidential election of Georgia, the CEC shall, by order, approve the schedule (timelines) for the implementation of measures for the election of the President of Georgia and the quotas determined by this Article as at the day of the appointment of the election.
7. The composition of the electoral college shall be approved by the CEC by order not later than the 40th day before the election day.
8. For the approval of the composition of the electoral college:
a) the Parliament of Georgia and the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara shall, within 7 days from the day of the appointment of the election, submit to the CEC the name, surname and personal number of all members of the Parliament of Georgia and of the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara as at the day of the appointment of the election;
b) The authorized parties under this Law shall, in accordance with the quotas determined by the CEC, within 10 days from the day of appointment of the elections, submit the first name, last name and personal number of the person nominated as a member of the electoral college and the name of the representative body of the municipality – the Sakrebulo – of which the said person is a member, as well as the written consent of the nominated person;
c) A person nominated as a member of the electoral college in accordance with subparagraph „b“ of this paragraph shall not be considered a member of the electoral college if he/she does not meet the requirements established by the Constitution of Georgia and this Law, of which the party shall be notified within 2 days (indicating the defect) and shall be given 3 days to remedy the defect;
d) An authorized party shall have the right to replace a member of the college nominated as a member of the electoral college only in cases provided for by law of early termination of the powers of this person as a member of the representative body of the municipality – the Sakrebulo;
e) After a member of the Parliament of Georgia or a member of the supreme representative body of the Autonomous Republic of Abkhazia or Adjara is designated to the electoral college, in the event of early termination of his/her powers, if before the election of the President of Georgia it is impossible to determine his/her replacement, or if the authorized party has not used the quota determined by a decision of the CEC within the period established by this Law or has nominated fewer members of the electoral college than the determined quota, in order to fill up to 300 members of the electoral college, the determined quotas shall be changed and the unused seats shall be redistributed among other authorized parties taking into account the sequence of election results.
Article 120. Holding of the elections of the President of Georgia; first and second rounds, repeat elections and extraordinary elections🔗
1. The elections of the President of Georgia shall be held in the building of the Parliament of Georgia from 9 o'clock on the election day and shall end at 14 o'clock on the same day, or at any time if all members of the electoral college have voted.
2. Only members of the electoral college, persons invited by the Chairperson of the Parliament of Georgia, members of the CEC, and the respective authorized representatives of the apparatuses of the Parliament of Georgia and the CEC shall have the right to attend the election of the President of Georgia. The election of the President of Georgia shall be broadcast live by the public broadcaster.
3. For the elections of the President of Georgia, the electoral ballot shall indicate the first name and surname of the candidate for the Presidency of Georgia. The text and form of the electoral ballot shall be established by the CEC by ordinance.
4. For the elections of the President of Georgia, the CEC shall print the electoral ballots and hand them to the members of the electoral college, print the list of members of the electoral college, seal and open the ballot box, count the votes and draw up a summary protocol of the results.
5. Members of the electoral college shall confirm receipt of the electoral ballot by signatures in the list of members of the electoral college, after which they shall circle only one candidate of their choice and place the electoral ballot in a pre-sealed, transparent ballot box.
6. An electoral ballot shall be considered invalid if:
a) it is of an undetermined sample;
b) it is impossible to determine which candidate the member of the electoral college voted for;
c) the member of the electoral college voted for more than one candidate;
d) it is impossible to determine which member of the electoral college cast the vote.
7. In the first round of elections, the candidate who receives at least two thirds of the votes of the full composition of the electoral college shall be considered elected.
8. If the President of Georgia is not elected in the first round of elections, the Chairperson of the Parliament of Georgia shall, on the same day or no later than 7 days from that day, schedule the second round of the elections of the President of Georgia.
9. In the second round of elections, the 2 candidates with the best result in the first round of elections shall be voted on. If more than 2 candidates have the best result, the identity of the participants of the second round shall be determined according to which of the candidates with equal results was registered earlier as a candidate for the Presidency of Georgia.
10. In the second round of elections, the candidate who receives more votes shall be considered elected. In the event of the candidates receiving an equal number of votes in the second round of elections, the candidate who received more votes in the first round of elections shall be considered elected.
11. The first or second round of elections shall be considered held if more than half of the full composition of the electoral college participates in it.
12. If the elections did not take place or the electoral college did not elect the President of Georgia, repeat elections of the President of Georgia shall be held within 30 days.
13. The date of the repeat election of the President of Georgia shall be appointed by the Chairperson of the Parliament of Georgia within 3 days from the occurrence of the relevant circumstance.
14. In the event of early termination of the powers of the President of Georgia, the extraordinary election of the President of Georgia shall be held within 45 days from the termination of his/her powers.
15. The extraordinary election of the President of Georgia shall be appointed by the Parliament of Georgia within 10 days from the early termination of the powers of the President of Georgia.
16. In the event of holding the election of the President of Georgia and the election of the Parliament of Georgia simultaneously or in the preceding month, as well as when holding the repeat election and the extraordinary election of the President of Georgia, the elections shall be held in accordance with the procedure established by this law for holding the regular election of the President of Georgia. When holding the repeat election and the extraordinary election of the President of Georgia, the electoral procedures, instead of the time limits established by this law for holding the regular election of the President of Georgia, shall be carried out within the time limits determined by a resolution of the CEC no later than the 2nd day from the day of appointment of the election.
17. If during the regular election of the President of Georgia it is impossible to fulfil certain requirements/comply with the time limits established by this law, the electoral procedures, instead of the time limits established by this law, shall be carried out in accordance with the time limits determined by a resolution of the CEC no later than the 2nd day from the day of appointment of the election.
Article 121. Summarization of election results🔗
1. The results of the election of the President of Georgia shall be determined and summarized by the CEC immediately upon the completion of the election at its session, which is held in the building of the Parliament of Georgia.
2. The summary protocol of the results of the election of the President of Georgia shall note:
a) the number of members of the electoral college;
b) the number of members of the electoral college participating in the election;
c) the names and surnames of the members of the electoral college participating in the election;
d) the number of votes received by each candidate participating in the election;
e) information as to which member of the electoral college voted for which candidate;
f) the number of invalid ballot papers;
g) the identity of the candidates who advanced to the second round of the election and/or the identity of the President of Georgia elected as a result of the first or second round.
3. The summary protocol of the results of the election of the President of Georgia shall be signed by the Chairperson and the Secretary of the CEC. The protocol may be appealed (may be appealed by) in accordance with the procedure and within the time limits established by paragraph 4 of Article 92 of this Law only by the relevant member(s) of the electoral college and/or a candidate for the Presidency of Georgia.
4. The CEC shall seal and keep the documentation for holding the election of the President of Georgia at the CEC in accordance with the procedure established by the legislation of Georgia.
5. The summary protocol of the results of the election of the President of Georgia shall be drawn up in 3 copies, one of which shall be sent to the President of Georgia, the second − to the Parliament of Georgia, and the third shall be kept at the CEC.
6. Within 2 days after the summarization of the results of the election of the President of Georgia, the CEC shall publish on its official website a notice on the results of the election of the President of Georgia.
7. Upon the taking of the oath by the President elected as a result of the election of the President of Georgia, the powers of the electoral college convened to elect the President of Georgia shall be terminated.
Article 122. Calling of the elections of the Parliament of Georgia🔗
1. The next elections of the Parliament of Georgia shall be held on the last Saturday of October of the calendar year in which the term of powers of the Parliament of Georgia expires.
2. The date of the next elections of the Parliament of Georgia shall be set by the President of Georgia 60 days before the election day.
3. If the date of the elections of the Parliament of Georgia coincides with a state of emergency or martial law, the elections shall be held not earlier than the 45th day and not later than the 60th day after the lifting of such state. The date of the elections shall be set by the President of Georgia immediately upon the lifting of the state of emergency or martial law.
4. The notice on the calling of the elections of the Parliament of Georgia shall be published on the official website of the CEC and through the media not later than the day following the day of calling the elections.
Article 123. Procedure for electing the Parliament of Georgia and term of powers🔗
1. 150 members of the Parliament of Georgia shall be elected in a single multi-mandate electoral district on the basis of a proportional electoral system.
2. The Parliament of Georgia shall be elected for a term of 4 years.
Article 124. Passive electoral right🔗
1. A citizen of Georgia enjoying electoral right who has reached the age of 25 before the polling day or reaches the age of 25 on the polling day and has lived in Georgia for at least 10 years may be elected as a member of the Parliament of Georgia.
2. A person who has been sentenced by a court to imprisonment shall not be elected as a member of the Parliament of Georgia.
3. A party registered in accordance with the procedure established by law which, at the time of scheduling of the elections, has a member of Parliament elected through its nomination, or whose support is confirmed in accordance with the procedure established by this law by the signatures of at least 25,000 voters, shall have the right to participate in the elections to the Parliament of Georgia.
Article 125. Incompatibility of the status of a candidate for membership of the Parliament of Georgia with a position🔗
1. Not later than the 2nd day after the submission to the respective electoral commission of an application for registration as a candidate for membership of the Parliament of Georgia, the following officials shall resign from and be released from their held positions:
a) President of Georgia;
b) Ministers of Georgia (except the Prime Minister of Georgia), as well as ministers of the Autonomous Republics of Abkhazia and Adjara, heads of governmental institutions and state sub-agencies and their deputies;
c) members of the Board of the National Bank of Georgia;
d) the Auditor General and his/her deputies;
e) state representatives and their deputies;
f) chairpersons of the representative bodies of municipalities – sakrebulos, mayors – executive bodies of municipalities;
g) officers of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the State Security Service of Georgia and the Special State Protection Service;
h) judges;
i) the Public Defender of Georgia and his/her deputy;
j) advisers to the President of Georgia;
k) members of the High Council of Justice of Georgia;
l) prosecutors, their deputies, assistants and investigators;
m) members of the National Communications Commission of Georgia and the National Energy and Water Supply Regulatory Commission of Georgia.
2. The relevant legal act on resignation from and release from the positions defined by the first paragraph of this article shall be submitted to the respective electoral commission immediately. Otherwise, the person shall be refused registration as a candidate for membership of the Parliament of Georgia, and if registration has been carried out, it shall be annulled.
Article 126. Release of a candidate for membership of the Parliament of Georgia from the performance of official duties🔗
A candidate for membership of the Parliament of Georgia, on the basis of the submission of his/her own application and the relevant certificate, shall be released from the performance of official duties for the duration of the pre-election campaign, for which he/she shall be granted unpaid leave.
Article 127. Inviolability of a candidate for membership of the Parliament of Georgia🔗
1. A candidate for membership of the Parliament of Georgia, before the official publication of the final election results by the CEC, and a person declared by the CEC as elected as a member of the Parliament of Georgia – until the final resolution of the issue of recognition of his/her powers, may not be detained, arrested or searched, unless the CEC gives consent to a submission of the Prosecutor General of Georgia. An exception is the case of being caught in the act of a crime, which must be immediately reported to the CEC. If the CEC adopts an appropriate order, the detained or arrested candidate for membership of the Parliament of Georgia shall be immediately released.
2. The CEC order on giving the consent referred to in this Article shall be voted on within 3 calendar days from the receipt of the submission of the Prosecutor General of Georgia.
Article 128. Registration/Cancellation of Registration of Parties🔗
1. In order to obtain the right to participate in the elections of the Parliament of Georgia, a party, by an appropriate application signed by its leader (leaders), applies to the Chairperson of the CEC:
a) after the calling of the elections of the Parliament of Georgia, no later than the 57th day before election day, if, at the time of the calling of the elections, it has a member of Parliament elected through its nomination;
b) from 1 January to 15 July of the year of the elections of the Parliament of Georgia, if it does not meet the condition established by subparagraph „a“ of this paragraph.
2. The application shall be accompanied by an extract from the Register of Political Unions of Citizens (Parties) issued by the National Agency of Public Registry, a Legal Entity of Public Law (LEPL) operating in the area of governance of the Ministry of Justice of Georgia, within the last 10 days before the submission of the application to the CEC, indicating the person(s) authorized to govern/represent the party, and a document confirming that it has a representative in the Parliament of Georgia (if it has such a representative).
3. The application shall indicate the party's:
a) name, which shall be indicated on the election ballot. This name shall correspond to the name and/or its abbreviated name indicated in the party's charter. At the same time, the party's name in the application may be indicated in such a way that individual words, abbreviations and/or punctuation marks are removed from the name and/or its abbreviated name indicated in the party's charter, without adding other words, abbreviations and/or punctuation marks. The name under which the party was registered shall be indicated unchanged on the election ballot;
b) surname, name, personal number of a citizen of Georgia, address (according to the identity card of a citizen of Georgia or the Agency's database), contact telephone number, specimen signature of the leader (leaders);
c) surname, name, personal number of a citizen of Georgia, address (according to the identity card of a citizen of Georgia or the Agency's database), contact telephone number of the representative(s);
d) in the presence of several leaders – the scope of authority of each in relations related to the electoral process.
4. The name of the party and its abbreviated name indicated in subparagraph „a“ of paragraph 3 of this article shall not coincide with the official name and abbreviated name of another party registered by the Ministry of Justice of Georgia (if they coincide, the party does not have the right to use the said name and its abbreviated name).
5. In the case provided for by subparagraph „b“ of paragraph 1 of this article, the relevant service of the CEC, immediately upon receipt of the application, shall provide the party's representative with a sample of the list of supporters. The relevant service of the CEC shall verify the application and the attached documents and, no later than the day following the submission of the application to the CEC, shall submit a conclusion to the Chairperson of the CEC.
6. In the case provided for by subparagraph „a“ of paragraph 1 of this Article, no later than the following day after the submission of the conclusion referred to in paragraph 5 of this Article, the Chairperson of the CEC shall:
a) carry out the electoral registration of the party and its representative, if the submitted application and the attached documents comply with the requirements established by this Law;
b) notify the party's representative in writing of the non-compliance of the application and the attached documents with the requirements established by this Law (indicating the non-compliance), if such non-compliance exists. The party's representative shall be given 3 days to complete the application and documents.
7. The corrected application and documents referred to in subparagraph „b“ of paragraph 6 of this Article shall be examined and the matter of electoral registration shall be decided within 2 days of their submission. If the corrected application and documents meet the requirements established by this Law, the Chairperson of the CEC shall carry out the electoral registration of the party and its representative. Otherwise, within the same period, he/she shall issue an ordinance refusing them electoral registration (the ordinance shall precisely state the grounds for refusal of electoral registration and those norms of this Law whose non-compliance resulted in the refusal). This ordinance shall be communicated to the party's representative immediately and shall be handed over upon request.
8. In the case provided for by subparagraph „b“ of paragraph 1 of this Article, no later than the 3rd day after the submission of the conclusion referred to in paragraph 5 of this Article, the Chairperson of the CEC shall notify the party's representative in writing of the non-compliance of the application and the attached documents with the requirements established by this Law (indicating the non-compliance), if such non-compliance exists. The corrected application and documents shall be returned to the CEC within 3 days.
9. A party that fails to meet the condition established by subparagraph „a“ of paragraph 1 of this Article shall, within 60 days of receipt of the sample of the list of supporters of the party, but no later than 1 August, submit to the CEC a list of at least 25,000 voters supporting the party's participation in the elections to the Parliament of Georgia. The list of supporters of the party shall be verified by the relevant service of the CEC in accordance with the procedure established by Article 42 of this Law and within the established period. During the election period, the relevant service of the CEC shall verify the lists of supporters of the party and submit a conclusion to the Chairperson of the CEC within 2 days of the submission of the lists.
10. If the application provided for by this Article and the documents attached thereto (or the corrected application and documents) and the lists of supporters have been submitted within the time limit established by this Law and meet the requirements established by the same Law, the Chairman of the CEC, on the basis of the conclusion of the relevant service of the CEC, within 10 days from the submission of the conclusion, but not later than the 42nd day before the election day, shall register the party and its representative in the electoral register. Otherwise, within the same time limit, he/she shall issue an order refusing to register them in the electoral register (the order shall precisely state the grounds for refusal of registration in the electoral register and those norms of this Law whose non-compliance resulted in the refusal). This order shall be immediately communicated to the party's representative and shall be handed over upon request.
11. Not later than the 30th day before the election day, the CEC shall publish on its official website the list of registered parties according to the order of submission of applications, as well as the list of those parties that were refused registration or whose registration was cancelled, and the grounds therefor.
12. The electoral registration of a party shall be cancelled by an order of the Chairman of the CEC:
a) on the basis of its own application;
b) in the event of a ban on the party by the Constitutional Court of Georgia;
c) if the party has not submitted a party list or the submitted party list has not been registered;
d) if, not later than the 2nd day before the election day, the number of candidates in the party's party list is less than the minimum number established by this Law.
Article 129. Submission of Party Lists🔗
1. Parties participating in elections shall have the right to submit party lists.
2. Each party participating in elections shall have the right to submit 1 party list.
3. The number of candidates for membership of the Parliament of Georgia in a submitted party list shall not be less than 30 and more than 200.
4. Only a member of this party may be included in a party list.
5. It shall be inadmissible to include the same person in different party lists.
6. The procedure for drawing up a party list shall be determined by the party.
7. A party shall have the right, when drawing up a party list, to designate a candidate for membership of the Parliament of Georgia included therein, in accordance with this paragraph, as a candidate for delegate from any of the 30 districts provided for by the annex to this Law, namely, in the said party list, next to the surname and name of this candidate, to indicate the number of the district from which he/she is designated as a candidate for delegate. A party shall not have the right to designate more than one candidate for delegate from a district for any district. A candidate for membership of the Parliament of Georgia may be designated as a candidate for delegate from only one district. If a person is designated as a candidate for delegate from a district in violation of this paragraph, the Chairperson of the CEC shall notify in writing the representative of the relevant party of the said discrepancy (indicating the discrepancy) and shall set a 3-day period for its elimination. If the discrepancy is not eliminated within this period, the said person shall not be designated as a candidate for delegate from the district. A member of the Parliament of Georgia designated as a candidate for delegate from any district shall be considered a delegate from that district during the period from the recognition of his/her powers as a member of the Parliament of Georgia until the termination of his/her powers, if the party that designated him/her as a candidate for delegate from the district received the largest number of valid votes among the voters participating in the respective elections to the Parliament of Georgia who voted in the territory of the said district. If the largest number of valid votes of these voters is received in equal numbers by 2 or more parties, in the said district, for the purposes of this paragraph, preference shall be given to the member of the Parliament of Georgia whose designating party as a candidate for delegate from the district passed electoral registration earlier. For the purposes of this paragraph, a district is a district determined by the annex to this Law, and the district number is the number of the respective district provided for by the same annex.
8. The relevant electoral subject shall submit the party list to the Chairperson of the CEC no later than the 30th day before the election day. The party list shall be certified by the signature(s) of the head person (persons) of the party participating in the elections. The party list shall be accompanied by, for each candidate for membership of the Parliament of Georgia:
a) a photograph and a photocopy of the identity card of a citizen of Georgia or the passport of a citizen of Georgia;
b) an application filled out and signed by him/her, which shall indicate:
b.a) the candidate's consent to stand for election by the given party list;
b.b) that the candidate is a member of the party by whose party list he/she is submitted;
b.c) in the event of leaving another party during the last 6 months before the submission of the application for registration of the candidate as a candidate — the exact date of leaving the respective party and the name of the party;
b.d) the fact of the candidate's residence in Georgia for not less than 10 years;
c) certificate on deprivation of rights;
d) certificate on narcological examination, which is public and is published on the official website of the CEC.
9. The party list shall indicate, for each candidate:
a) surname, name;
b) personal number of a citizen of Georgia;
c) date of birth (day, month, year);
d) sex;
e) address (according to the identity card of a citizen of Georgia or the data base of the Agency);
f) place of work (if unemployed, "unemployed" shall be indicated);
g) position (activity);
h) the fact of being a member of the Parliament of Georgia as a result of the last elections.
Article 130. Electoral registration of a party list🔗
1. A party list shall be entered into electoral registration by order of the CEC Chairperson, if all documents determined by this law meet the requirements established by the same law. In the event of violation of the deadline established by this law for the submission of documents, the issue of electoral registration shall not be considered.
2. The party list submitted by a party shall be checked by the relevant service of the CEC and, within 10 days of the submission of this list, but not later than the 26th day before election day, shall submit a conclusion to the CEC Chairperson, who, within 3 days, but not later than the 25th day before election day:
a) shall enter into electoral registration the party list and the candidates submitted by the party, if the submitted party list and the attached documents comply with the requirements established by this law;
b) shall notify the party's representative in writing of the non-compliance of the data in the party list and the attached documents with the requirements established by this law (indicating the non-compliance), if such non-compliance exists. The party's representative shall be given 3 days to complete the list and the documents.
3. The corrected data referred to in subparagraph „b“ of paragraph 2 of this article shall be checked and the issue of electoral registration shall be decided within 5 days of their submission, but not later than the 20th day before election day. If the corrected data comply with the requirements established by this law, the CEC Chairperson shall enter into electoral registration the party list or that part thereof which complies with the requirements established by this law (if the number of candidates in that part of the list is not less than the established minimum number), and with respect to the remaining candidates shall, within the same period, issue an order refusing them electoral registration (the order shall precisely state the grounds for refusal of electoral registration and those norms of this law whose non-compliance caused the refusal). If in that part of the party list which complies with the requirements established by this law fewer candidates than the established minimum number remain, neither the party list nor the candidates submitted by the party shall be entered into registration (shall be registered) and the CEC Chairperson shall, within the said period, issue an order refusing them electoral registration (the order shall precisely state the grounds for refusal of electoral registration and those norms of this law whose non-compliance caused the refusal). The order referred to in this paragraph shall be immediately communicated to the party's representative and shall be handed over upon request.
4. A candidate for membership of the Parliament of Georgia shall not be registered for elections, and the electoral registration of a registered candidate shall be cancelled by order of the chairperson of the respective election commission (in the cases provided for by subparagraphs “a”–“g” of this paragraph) or by a court judgment (in the case provided for by subparagraph “h” of this paragraph), if the applications and documents submitted to the election commission do not meet all the requirements established by this law or other conditions established by the same law are violated, namely:
a) the data indicated in the applications and documents are incomplete or incorrect;
b) a candidate included in the party list is not a member of this party;
c) a candidate included in the party list is a member of another party registered in accordance with the Organic Law of Georgia “On Citizens’ Political Unions”;
d) a candidate included in the party list is a person in respect of whom the Constitutional Court of Georgia has adopted a judgment provided for by subparagraph “b” of paragraph 3 of Article 23 of the Organic Law of Georgia “On the Constitutional Court of Georgia”;
e) the candidate is included in more than one party list and at the same time there is or was his or her consent to inclusion in more than one list;
f) during the period of the elections to the Parliament of Georgia, other elections are held and at the same time there is or was the consent of the candidate for membership of the Parliament of Georgia to participate in these elections with the status of a candidate;
g) the candidate has not undergone a narcological examination;
h) the requirements established by paragraph 1 of Article 52 and/or Article 53 of this law have been violated.
5. The order of the Chairperson of the CEC on refusal of electoral registration of candidates for membership of the Parliament of Georgia nominated by a party list and a party may be appealed in accordance with the procedure established by Articles 92 and 93 of this law.
Article 131. Cancellation of the decision on nomination as a candidate for membership of the Parliament of Georgia🔗
1. A candidate for membership of the Parliament of Georgia, and the party nominating him/her, has the right, no later than 16 days before the polling day, to waive participation in the elections or the nominated candidate, for which he/she shall apply to the relevant election commission by an application.
2. A party participating in the elections has the right, after the recognition of the powers of the elected members of Parliament, to cancel its decision on the nomination of a candidate for membership of Parliament remaining on the party list. A party shall not have the right to cancel the decision on the nomination of a candidate for membership of Parliament remaining on the party list, upon termination of the powers of a member of Parliament elected by this list, before the recognition of the powers of his/her substitute. A candidate for membership of Parliament nominated by a party shall be removed from the party list by an order of the Chairperson of the CEC, on the basis of an application signed by the head of the party, within 3 days from the submission of the application. If the application is not satisfied within this period, the candidate for membership of Parliament shall be considered removed from the party list from the day following the expiry of the said period.
3. A candidate for membership of the Parliament of Georgia has the right, after the recognition of the powers of the elected members of Parliament, to withdraw his/her candidacy from the party list, for which he/she shall apply to the CEC with an appropriate application. His/her candidacy shall be withdrawn by an order of the Chairperson of the CEC within 3 days from the submission of the application. If the application is not satisfied within this period, the candidate for membership of Parliament shall be considered removed from the party list from the day following the expiry of the said period.
4. The CEC shall immediately publish on its official website information on the removal of an election subject or individual candidates from the elections.
Article 132. Removal of a person from the party list🔗
A person in respect of whom the Constitutional Court of Georgia has adopted a decision provided for by subparagraph „e“ of paragraph 3 of Article 23 of the Organic Law of Georgia „On the Constitutional Court of Georgia“ shall be removed from the respective party list.
Article 133. Counting of votes in the precinct election commission🔗
The precinct election commission shall summarize the results of the polling and shall enter these results into the summary protocol of the polling results. The summary protocol of the polling results shall be drawn up according to party lists.
Article 134. Summarization of the polling results in the district election commission🔗
1. The district election commission, on the basis of the protocols of the precinct election commissions and the judgments of district/city courts, shall at its session summarize the results of the polling and shall enter these results into the summary protocol of the polling results.
2. On the basis of an application/complaint, the district election commission is entitled to adopt by an order a decision on opening the packages received from the precinct election commission and recounting the election ballots.
Article 135. Summarizing of election results in the CEC🔗
1. The CEC, on the basis of the protocols received from the district and precinct election commissions and of final court judgments, no later than the 26th day from election day, at its session summarizes the results of the elections to the Parliament of Georgia and draws up a summary protocol of the final results of the elections to the Parliament of Georgia.
2. One copy of the summary protocol of the final results of the elections to the Parliament of Georgia shall be kept at the CEC, the second copy shall be transferred to the Parliament of Georgia, and copies certified by the commission's seal – to the representatives of election subjects.
3. Mandates of members of the Parliament of Georgia shall be distributed to those parties that received at least 5 percent of the valid votes of the voters participating in the elections. The number of votes recorded by ballot papers declared invalid shall not be counted in the number of votes of the voters participating in the elections.
4. To determine the number of mandates received by a party, the number of votes received by it shall be multiplied by 150 and divided by the sum of the votes received by all those parties that received at least 5 percent of the valid votes of the voters participating in the elections. The whole part of the resulting number is the number of mandates received by the party. If the sum of the numbers of mandates received by the parties is less than 150, the undistributed mandates shall be received successively by the parties with the best results.
5. If the number of votes received by 2 or more parties turns out to be equal, the mandate shall be assigned to the party list that was registered with the CEC earlier.
6. Those candidates for membership of the Parliament of Georgia whose ordinal numbers in the party list are less than or equal to the number of mandates received by the list shall be considered elected by the party list. The number of members of the Parliament of Georgia elected according to this list remains unchanged.
7. If, due to a gross violation of the requirements of this Law in the elections, the voting results were declared invalid in more than half of the election districts or in several districts where the total number of voters is more than half of the total number of voters of Georgia, the election results shall be considered invalid and the CEC shall call new elections.
8. In the presence of a statement/complaint requesting verification or invalidation of the voting results, the CEC, by ordinance, adopts a decision on opening the sealed packages received from the relevant precinct election commission and recounting the ballot papers, or instructs the relevant district election commission/special group to carry out the said action. If necessary, the CEC is entitled to summarize the election results on the basis of the summary protocols of the voting results of the precinct election commissions.
9. A repeat voting shall be called if the total number of voters in those precincts where the voting results were declared invalid is more than 10 percent of the total number of voters of Georgia. In such a case, the repeat voting shall be held no later than 2 weeks from the day of the general elections.
10. The summary protocol of the final results of the elections to the Parliament of Georgia shall indicate: the total number of voters of Georgia; the numbers of those election districts and election precincts where the elections were declared invalid and a repeat vote was not held, as well as the number of voters therein and the grounds for declaring the elections invalid; the numbers of those election districts where repeat elections were scheduled, and the date of the repeat elections; the number of participants in the elections, the number of election ballots declared invalid, the number of votes received by each election subject, the percentage of votes received (indicated with not more than five digits after the whole part, without rounding) and the number of mandates received; the list of elected members of the Parliament of Georgia arranged by nominating election subjects, indicating their party affiliation.
11. Immediately upon drawing up the summary protocols of the election results, the CEC publishes these protocols on its official website. The CEC transmits the summary protocol of the final election results to the "Legislative Herald of Georgia", which publishes it within 2 days.
Article 136. Repeat elections to the Parliament of Georgia🔗
1. If the elections are declared not held, repeat elections shall be held.
2. Repeat elections shall be held within 2 months from the declaration of the elections as not held. The date of the repeat elections shall be set by order, and the deadlines of election measures shall also be established by order, by the CEC no later than 7 days after the declaration of the elections as not held.
3. If the elections are declared held, but no party received 5 percent of the votes of the voters participating in the elections, a repeat vote shall be held by order of the CEC within 2 weeks after the summarization of the election results.
4. Only those parties that received not less than 2 percent of the voters' votes in the general elections shall have the right to participate in the repeat vote. The party lists of the parties participating in the repeat vote shall remain unchanged. Amendments to these lists may be made only in accordance with the general procedure established by this Law.
Article 137. Extraordinary elections to the Parliament of Georgia🔗
In the event of early dissolution of the Parliament of Georgia, extraordinary elections to the Parliament of Georgia shall be held not earlier than the 45th day and not later than the 60th day after the early dissolution of the Parliament. The date of the extraordinary elections to the Parliament of Georgia shall be set by the President of Georgia immediately upon the entry into force of the Decree on the early dissolution of the Parliament of Georgia.
Article 138. Rule for the replacement of a member removed from the Parliament of Georgia🔗
1. If a member removed from the Parliament of Georgia was elected by the party list of a party participating independently in the elections, his/her seat shall be taken within 1 month by the next candidate for membership of the Parliament of Georgia on the same list, if he/she has declared consent to membership of the Parliament of Georgia within 15 days of the occurrence of the vacancy. Otherwise, the vacant seat shall be taken by the next candidate for membership of the Parliament of Georgia on the list, and so on. If there is no longer a candidate for membership of the Parliament of Georgia to be elected on the party list, this mandate of the member of Parliament shall be considered abolished.
2. After the Parliament of Georgia recognizes the powers of the members of Parliament, the persons remaining on the party lists shall have their status of candidate for membership of the Parliament of Georgia suspended. Upon early termination of the powers of a member of the Parliament of Georgia elected by a party list, the status of candidate for membership of the Parliament of Georgia shall be restored to the person who, in accordance with this article, is his/her replacement.
Article 139. Calling of elections of the representative body of a municipality – the sakrebulo – and of the mayor of a self-governing city/self-governing community🔗
1. Ordinary elections of the representative body of a municipality – the sakrebulo – and of the mayor of a self-governing city/self-governing community shall be held on the first Saturday of October of the year of the ordinary elections.
2. Ordinary elections of the representative body of a municipality – the sakrebulo – and of the mayor of a self-governing city/self-governing community shall be called by the President of Georgia with the countersignature of the Prime Minister of Georgia, 60 days before the ordinary elections.
3. During a state of emergency or martial law, elections of the representative body of a municipality – the sakrebulo – and of the mayor of a self-governing city/self-governing community shall not be held. If the election date coincides with a state of emergency or martial law, the elections shall be held on the 60th day after the lifting of that state.
4. The notice on the calling of elections of the representative body of a municipality – the sakrebulo – and of the mayor of a self-governing city/self-governing community shall be published on the official website of the CEC and in the media no later than the day following the day of the calling of the elections.
Article 140. Active and passive electoral rights🔗
1. A citizen of Georgia who has reached the age of 21 before the polling day or reaches the age of 21 on the polling day and has lived in Georgia for at least 6 months may be elected as a member of the representative body of a municipality – the Sakrebulo.
2. A citizen of Georgia having the right to vote who has reached the age of 25 before the polling day or reaches the age of 25 on the polling day and has lived in Georgia for at least 6 months may be elected as mayor of a self-governing city/self-governing community.
3. A citizen of Georgia may not simultaneously be a member of another representative body or mayor of a self-governing city/self-governing community.
4. In the elections of the representative body of a municipality – the Sakrebulo and the mayor of a self-governing city/self-governing community, voters of the respective election district and local majoritarian election district participate on the basis of the active electoral right.
5. Employees of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia and the State Security Service of Georgia participate in the elections of the representative body of a municipality – the Sakrebulo and the mayor of a self-governing city/self-governing community on the basis of the active electoral right in accordance with the procedure established by paragraph 11 of Article 35 of this Law.
Article 141. Terms of Office of Municipal Bodies🔗
1. The term of office of the representative body of the municipality – the Sakrebulo – and of the executive body of the municipality – the Mayor – is 4 years. The Sakrebulo shall be elected in extraordinary elections for the remaining term of office of the respective Sakrebulo. A member of the Sakrebulo shall be elected in interim elections for the remaining term of office of the same Sakrebulo. The substitute member of the Sakrebulo for a removed member of the Sakrebulo elected by the proportional electoral system shall take the seat of the removed member of the Sakrebulo for the remaining term of office of the same Sakrebulo. The Mayor shall be elected in extraordinary elections for the remaining term of office of the Sakrebulo of the respective municipality.
2. The powers of the newly elected Sakrebulo and its members shall begin on the 14th day from the publication on the official website of the CEC of the protocol (protocols) summarizing the final results of the respective elections, by which (which) the election of not less than two-thirds of the full composition of this Sakrebulo is confirmed. From this moment, the powers of the respective incumbent Sakrebulo shall terminate. If the election of not less than two-thirds of the full composition of the newly elected Sakrebulo is not confirmed by the protocol (protocols) summarizing the final results of the said elections, repeat elections of the Sakrebulo of the respective municipality shall be called.
3. The powers of a member of the Sakrebulo elected in interim elections shall begin on the 14th day from the publication on the official website of the CEC of the protocol summarizing the final results of the elections, by which the election of the said member of the Sakrebulo is confirmed.
4. The powers of a member of the Sakrebulo who is the substitute for a removed member of the Sakrebulo elected by the proportional electoral system shall begin on the 14th day from the issuance by the chairperson of the respective election commission of the appropriate legal act on the notice of his/her substitution, of which the respective Sakrebulo shall be notified.
5. The powers of the newly elected Mayor shall begin on the 14th day from the publication on the official website of the CEC of the protocol summarizing the final results of the respective elections, by which the election of this Mayor is confirmed. From this moment, the powers of the respective incumbent Mayor shall terminate.
Article 142. Incompatibility of the status of a candidate for membership of the representative body of a municipality – the sakrebulo, and of a candidate for mayor of a self-governing city/self-governing community with his/her official position🔗
1. In the case of nomination as a candidate for membership of the representative body of a municipality – the sakrebulo, or as a candidate for mayor of a self-governing city/self-governing community, official powers shall be terminated for:
a) the President of Georgia;
b) the ministers of Georgia, as well as of the Autonomous Republics of Abkhazia and Adjara, the heads of governmental institutions and state sub-agency institutions and their deputies;
c) the members of the Council of the National Bank of Georgia;
d) the Auditor General and his/her deputies;
e) the Head of the Administration of the Parliament of Georgia;
f) State Representatives and their deputies;
g) the officers of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the State Security Service of Georgia and the Special State Protection Service of Georgia;
h) judges;
i) the Public Defender of Georgia and his/her deputy;
j) the members of the advisory body of the President of Georgia (who are not members of the Parliament of Georgia);
k) the assistants to the President of Georgia;
l) the members of the National Energy and Water Supply Regulatory Commission of Georgia and of other national regulatory commissions;
m) prosecutors, their deputies, assistants and investigators.
2. The officials referred to in the first paragraph of this Article shall have their official powers terminated before being nominated as a candidate to the relevant election commission.
Article 143. Guarantees of participation in elections of municipal bodies🔗
An employer shall not have the right to restrict an employee's right to participate in elections of municipal bodies as a candidate, to become a member of the sakrebulo, or a mayor. An employment contract containing an agreement on restricting the employee's right on the above-mentioned ground shall be void. It shall be prohibited to dismiss a person from service, to transfer him/her to a lower-paid job and to otherwise discriminate against him/her on the above-mentioned ground.
Article 145. Electoral system🔗
Elections to the representative body of the municipality – the Sakrebulo shall be held on the basis of the proportional electoral system and the majoritarian electoral system.
Article 146. Right to vote🔗
In elections to the Sakrebulo of a self-governing city/self-governing community, a voter has the right to one vote under the proportional electoral system and the right to one vote under the majoritarian electoral system.
Article 147. Ballot paper🔗
1. Two different types of ballot papers shall be prepared for elections to the representative body of the municipality – the Sakrebulo.
2. In the ballot paper intended for elections to the representative body of the municipality – the Sakrebulo on the basis of the proportional electoral system, the names of parties shall be entered in accordance with the established order.
3. In the ballot paper intended for elections to the representative body of the municipality – the Sakrebulo on the basis of the majoritarian electoral system, the serial number, first name and surname of each candidate nominated for election in the respective local majoritarian district shall be entered. Next to the surname of a candidate nominated by a party, the name of the respective party shall be indicated, and next to the surname of a candidate nominated by an initiative group of voters – "Independent". Data about a candidate shall be entered in the ballot paper in accordance with his/her order determined by lot by the respective district electoral commission, no later than the 10th day before election day.
4. In the ballot paper intended for elections to the representative body of the municipality – the Sakrebulo on the basis of the proportional electoral system, the voter shall circle the serial number of no more than 1 party.
5. In the ballot paper intended for elections to the representative body of the municipality – the Sakrebulo on the basis of the majoritarian electoral system, in which data about candidates are entered, the voter shall circle the serial number of no more than 1 candidate.
Article 148. Right to participate in Sakrebulo elections🔗
1. A party and candidates nominated by a party/initiative group of voters shall have the right to participate in elections to the representative body of the municipality – the Sakrebulo, in the case of registration by the electoral commission determined by this law.
2. Only a party shall have the right to participate in elections to be held under the proportional electoral system and to obtain a mandate of a member of the representative body of the municipality – the Sakrebulo.
3. A candidate nominated by a party/initiative group of voters shall have the right to participate in local single-mandate majoritarian elections to the representative body of the municipality – the Sakrebulo.
4. A person may be nominated only in one single-mandate majoritarian electoral district.
Article 149. Registration of parties🔗
1. In order to obtain the right to participate in the elections of the representative body of a municipality – the sakrebulo, a party, by an appropriate application signed by its leader (leaders), applies to the Chairperson of the CEC:
a) after the appointment of sakrebulo elections, not later than the 57th day before the election day, if it meets one of the following conditions:
a.a) was registered in the last parliamentary elections;
a.b) has a representative in the Parliament of Georgia as of the day of appointment of the elections;
b) from 1 January to 15 July of the year of the elections of municipal bodies, if it fails to meet any of the conditions established by subparagraph "a" of this paragraph.
2. A party that fails to meet any of the conditions established by subparagraph "a" of paragraph 1 of this Article shall, within 60 days from the receipt of the sample of the list of supporters of the party, but not later than 1 August, submit to the CEC a list of at least 25,000 voters supporting the party's participation in the elections of the representative body of a municipality – the sakrebulo. The list of supporters shall be verified by the relevant service of the CEC within the period established by the procedure laid down in Article 42 of this Law. During the election period, the relevant service of the CEC shall verify the lists of supporters of parties and submit a conclusion to the Chairperson of the CEC within 2 days from the submission of the lists.
3. The application shall be accompanied by an extract from the register of political unions of citizens (parties) issued by the National Agency of Public Registry – a legal entity of public law operating in the field of governance of the Ministry of Justice of Georgia, within the last 10 days before the submission of the application to the CEC, indicating the person (persons) authorized to lead/represent the party.
4. The application shall indicate the party's:
a) name, which shall be indicated in the election ballot. This name shall correspond to the name indicated in the party's charter and/or its abbreviated designation. At the same time, the name of the party in the application may be indicated in such a way that individual words, abbreviations and/or punctuation marks are removed from the name indicated in the party's charter and/or its abbreviated designation, without adding other words, abbreviations and/or punctuation marks. The name under which the party is registered shall be indicated unchanged in the election ballot;
b) leader's (leaders') surname, name, personal number of a citizen of Georgia, address (according to the identity card of a citizen of Georgia or the Agency's database), contact telephone number, specimen signature;
c) representative's (representatives') surname, name, personal number of a citizen of Georgia, address (according to the identity card of a citizen of Georgia or the Agency's database), contact telephone number;
d) in the case of several leaders – the scope of authority of each in relations related to the election process.
5. The party name and its abbreviated designation indicated in subparagraph "a" of paragraph 4 of this Article shall not coincide with:
a) the official name and its abbreviated designation of another party registered by the Ministry of Justice of Georgia (if they coincide with each other, the party does not have the right to use the said name and its abbreviated designation);
b) the name and its abbreviated form used by another party in the last parliamentary elections, if its consent thereto is absent.
6. The relevant service of the CEC shall verify the application and the attached documents and, no later than the day following the submission of the application to the Commission, shall submit a conclusion to the Chairperson of the CEC.
7. No later than the day following the submission of the conclusion referred to in paragraph 6 of this article, the Chairperson of the CEC shall:
a) enter the party and its representative in the electoral register, if the submitted application and the attached documents comply with the requirements established by this Law;
b) notify the party's representative in writing of the non-compliance of the application and the attached documents with the requirements established by this Law (indicating the non-compliance), if such non-compliance exists. The party's representative shall be given 3 days for the completion of the application and the documents;
c) in the case provided for by paragraph 2 of this article, decide the issue of the final registration of the party only after verification of the supporters' lists.
8. The corrected application and documents referred to in subparagraph "b" of paragraph 7 of this article shall be verified and the issue of electoral registration shall be decided no later than the day following their submission. If the corrected application and documents meet the requirements established by this Law, the Chairperson of the CEC shall enter the party and its representative in the electoral register (except for the case provided for by paragraph 2 of this article). Otherwise, he/she shall, within the same period, issue an order on refusal of electoral registration to them (the order must precisely indicate the grounds for refusal of electoral registration and those norms of this Law whose non-fulfilment caused the refusal). This order shall be immediately communicated to the party's representative and shall be handed over upon request. The said procedures shall be completed no later than the 37th day before election day.
9. If the application and the attached documents provided for by this article (or the corrected application and documents) and the supporters' lists are submitted within the period established by this Law and meet the requirements established by the same Law, the Chairperson of the CEC, on the basis of the conclusion of the relevant service of the CEC, shall, no later than the day following the submission of the conclusion, enter the party and its representative in the electoral register. Otherwise, he/she shall, within the same period, issue an order on refusal of electoral registration to them (the order must precisely indicate the grounds for refusal of electoral registration and those norms of this Law whose non-fulfilment caused the refusal). This order shall be immediately communicated to the party's representative and shall be handed over upon request.
10. No later than the 30th day before election day, the CEC shall publish on its official website the list of registered parties according to the order of submission of applications, as well as the list of those parties that were refused registration or whose registration was cancelled, and the reasons therefor.
Article 150. Submission of a party list🔗
1. In order to participate in elections to the representative body of a municipality – the sakrebulo – on the basis of the proportional electoral system, the parties participating in the elections shall submit party lists to the chairperson of the relevant district electoral commission after registration, not later than 30 days before the polling day.
2. Each party participating in the elections shall have the right to submit 1 party list.
3. The number of candidates for membership of the representative body of a municipality – the sakrebulo – in a submitted party list shall not be less than two-fifths of the number of members of the sakrebulo to be elected under the proportional electoral system and shall not exceed three times that number.
4. Only a member of that party may be included in a party list. A person in respect of whom the Constitutional Court of Georgia has adopted the judgment provided for by subparagraph „b“ of paragraph 3 of Article 23 of the Organic Law of Georgia „On the Constitutional Court of Georgia“ may not be included in a party list.
5. The rules for drawing up a party list shall be determined by the party. When drawing up a party list, it shall be taken into account that the mandates received by the party according to the election results shall be distributed consecutively, in the order from the beginning of the list.
6. The party list shall indicate, for each candidate:
a) surname, name;
b) personal number of a citizen of Georgia;
c) date of birth (day, month, year);
d) sex;
e) address (according to the identity card of a citizen of Georgia or the Agency's database);
f) position (occupation);
g) place of work (if unemployed, „unemployed“ shall be indicated);
h) in the case of nomination in a local majoritarian electoral district − the number of that district.
7. The party list shall be certified by the signature (signatures) of the leader (leaders) of the party participating in the elections.
8. The party list shall be accompanied by, for each candidate for membership of the representative body of a municipality − the sakrebulo:
a) a photograph and a photocopy of the identity card of a citizen of Georgia or the passport of a citizen of Georgia;
b) an application filled in and signed by him/her, which shall indicate:
b.a) the candidate's consent to stand for election by the given party list;
b.b) that the candidate is a member of the party by whose party list he/she is nominated;
b.c) in the case of the candidate having left another party during the last 6 months before submitting the application for registration as a candidate − the exact date of leaving the relevant party and the name of the party;
b.d) the fact of the candidate's residence in Georgia for not less than 6 months;
c) a certificate on deprivation of the right.
9. A candidate nominated in a majoritarian electoral district may be included in a party list. In such a case, the party list shall indicate that the candidate is nominated in a single-mandate majoritarian electoral district.
Article 151. Nomination of candidates for membership of the Sakrebulo in a majoritarian election district🔗
1. The following shall have the right to nominate candidates in the respective election district in elections to the representative body of a municipality – the Sakrebulo:
a) a party participating in the elections;
b) an initiative group of voters.
2. For the purpose of nominating a majoritarian candidate for elections to the representative body of a municipality – the Sakrebulo – a party shall have the right to submit an application to the respective election commission not later than the 30th day before the elections.
3. To nominate a majoritarian candidate for elections to the representative body of a municipality – the Sakrebulo – an initiative group of voters must submit an application to the respective district election commission not later than the 47th day before the polling day, after which it shall have the right to collect signatures of supporting voters.
4. The minimum numbers of signatures of supporting voters shall be determined by a resolution of the CEC.
5. The application on the nomination of a candidate for membership of the representative body of a municipality – the Sakrebulo – shall indicate for each candidate:
a) surname, name;
b) personal number of a citizen of Georgia;
c) date of birth (day, month, year);
d) sex;
e) address (according to the identity card of a citizen of Georgia or the Agency database);
f) position (occupation);
g) place of work (if unemployed, “unemployed” shall be indicated);
h) number of the local majoritarian district in which he/she is nominated as a majoritarian candidate;
i) name, surname, personal number of a citizen of Georgia, address (according to the identity card of a citizen of Georgia or the Agency database), contact telephone number and other details (if any) of the members of the nominating initiative group of voters and their representative.
6. The application signed by the leading person (persons) of the party/all members of the initiative group of voters shall be accompanied, for each candidate for membership of the representative body of a municipality – the Sakrebulo, by:
a) a photograph and a photocopy of the identity card of a citizen of Georgia or the passport of a citizen of Georgia;
b) an application completed and signed by him/her, which shall indicate:
b.a) the candidate's consent to stand for election as a member of the Sakrebulo through nomination by the nominating party/initiative group of voters in the given local majoritarian election district;
b.b) that the candidate is a member of the party on whose party list he/she is nominated / the candidate is non-partisan (in the case of nomination by an initiative group of voters);
b.c) if, during the last 6 months before the candidate submits the application on the candidate's registration, the candidate left another party – the exact date of leaving the respective party and the name of the party;
b.d) the fact that the candidate has resided in Georgia for at least 6 months;
c) certificate on deprivation of the right.
7. No later than the day following the submission of the application, the chairperson of the district election commission shall register the initiative group of voters. If the requirements established by paragraphs 4–6 of this article are violated, the chairperson of the district election commission shall immediately notify the representative of the initiative group of voters of the defect. The corrected documents shall be returned no later than the 3rd day to the chairperson of the district election commission for the registration of the initiative group of voters.
8. For the registration of a majoritarian candidate for membership of the Sakrebulo, the representative of the initiative group of voters shall, no later than the 40th day before the polling day, submit to the relevant district election commission the list of voters supporting the majoritarian candidate, which shall be verified in accordance with the procedure established by the election legislation of Georgia, within 3 days from submission.
9. A majoritarian candidate nominated by a party participating in the elections in an election district may at the same time be on the party list of that party.
10. A majoritarian candidate nominated by a party shall be only a member of that party.
Article 152. Registration of party lists and candidates for Sakrebulo membership nominated in a local majoritarian election district🔗
1. During elections to the representative body of a municipality – the Sakrebulo, the documents submitted for registration of a party list submitted by a party and a candidate for Sakrebulo membership nominated in a local majoritarian election district shall be verified by the chairperson of the relevant district election commission, who, within 2 days from the submission of the documents, but not later than the 28th day before election day:
a) shall register the party list and the candidate for Sakrebulo membership nominated by the election subject, if the submitted party list and attached documents, as well as the registration documentation of the majoritarian candidate for Sakrebulo membership, meet the requirements established by this Law;
b) shall notify in writing the representative of the election subject about the inconsistency of the data contained in the party list and attached documents, as well as in the registration documentation of the majoritarian candidate for Sakrebulo membership, with the requirements established by this Law (indicating the inconsistency), if such inconsistency exists. The representative of the party/initiative group of voters shall be given 3 days to complete the above-mentioned list and documents.
2. The corrected data referred to in subparagraph „b“ of paragraph 1 of this Article shall be verified and the issue of election registration shall be decided within 3 days from the submission of the data.
3. If the corrected data meet the requirements established by this Law, the chairperson of the relevant election commission shall register the majoritarian candidate for Sakrebulo membership, the party list or the part thereof that meets the requirements established by this Law (if the number of candidates in that part of the list is not less than the established minimum number), and in respect of the remaining candidates, within the same period, shall issue an order on refusal of their election registration (the order shall precisely indicate the grounds for refusal of election registration and the norms of this Law whose non-compliance caused the refusal). The order shall be immediately notified to the representative of the party/initiative group of voters and shall be handed over upon request.
4. Within 3 days from the registration of candidates for Sakrebulo membership, the chairperson of the relevant district election commission shall issue them candidate certificates.
5. A candidate nominated in an election district shall be registered if the following are submitted:
a) an application completed and signed by the candidate, which indicates the fact of his/her residence in Georgia for at least 6 months;
b) a statement on the nomination of the candidate, certified by the signature(s) of the leader(s) of the party;
c) a photograph of the candidate and a copy of the identity card of a citizen of Georgia or the passport of a citizen of Georgia;
d) the candidate's consent to participate in the voting, as provided for by this Law.
6. A party list or a candidate for Sakrebulo membership nominated by an electoral subject shall not be registered, taking into account the requirements of paragraphs 1–3 of this article, and election registration shall be cancelled by order of the chairperson of the relevant election commission or by a court judgment (in the case provided for by subparagraph „l“ of this paragraph):
a) if the documentation required by this law and/or the data provided for are incomplete or incorrect;
b) if a candidate included in the party list is not a member of this party;
c) if a candidate included in the party list or a candidate for Sakrebulo membership nominated by an electoral subject is a member of another party registered in accordance with the Organic Law of Georgia “On Political Unions of Citizens”;
d) if a candidate included in the party list or a candidate for Sakrebulo membership nominated by an electoral subject is a person in respect of whom the Constitutional Court of Georgia has adopted the decision provided for by subparagraph „b“ of paragraph 3 of Article 23 of the Organic Law of Georgia “On the Constitutional Court of Georgia”;
e) if a candidate is included in more than one party list and at the same time there is or was his/her consent to inclusion in more than one party list;
f) if at the same time there is or was the written consent of a majoritarian candidate for Sakrebulo membership to participation as a candidate in the elections to the Sakrebulo of the same and/or any other municipality, in the elections of the mayor of the same and/or any other municipality / to nomination as a candidate for Sakrebulo membership, for mayor;
g) if a candidate included in the party list gives written consent to nomination as a candidate by another party/initiative group of voters;
h) if, not later than the 2nd day before the election day, the number of candidates in the registered party list turned out to be less than the minimum number established by this law;
i) if in the list of supporting voters there turned out to be fewer voter signatures than the established number;
j) if the lists of supporting voters were not submitted;
k) if the deadline for submitting the lists of supporting voters has been violated;
l) if the requirements of Article 52 of this law have been violated;
m) in other cases provided for by this law.
7. In case of violation of the requirements of paragraphs 5 and 6 of this article, the chairperson of the district election commission shall not register the candidate.
Article 153. Annulment of the decision on the nomination of a candidate for membership of the Sakrebulo🔗
1. A party/initiative group of voters has the right, after registration, no later than 16 days before the polling day, to annul its decision on the nomination of a candidate.
2. A candidate has the right, no later than 16 days before the polling day, to withdraw his/her candidacy. For this purpose, he/she shall apply with an appropriate statement to the relevant district election commission.
3. A party participating in the elections has the right, after the commencement of the powers of the newly elected Sakrebulo, to annul its decision on the nomination of a candidate for membership of the Sakrebulo remaining on the party list. A party shall not have the right to annul the decision on the nomination of a candidate for membership of the Sakrebulo remaining on the party list upon the termination of the powers of a member of the Sakrebulo elected by this list, until the resolution of the issue of the commencement of the powers of his/her substitute. A candidate for membership of the Sakrebulo nominated by a party shall be removed from the party list by an order of the chairperson of the relevant district election commission, on the basis of a statement signed by the head person of the party, within 3 days from the submission of the statement. If the statement is not satisfied within this period, the candidate for membership of the Sakrebulo shall be considered removed from the party list from the day following the expiry of the said period.
4. A candidate for membership of the Sakrebulo has the right, after the commencement of the powers of the newly elected Sakrebulo, to withdraw his/her candidacy from the party list, for which he/she shall submit an appropriate statement to the relevant district election commission. His/her candidacy shall be removed from the party list by an order of the chairperson of the relevant district election commission, within 3 days from the submission of the said statement. If the statement is not satisfied within this period, the candidate for membership of the Sakrebulo shall be considered removed from the party list from the day following the expiry of the said period.
5. The relevant district election commission shall immediately publish on the official website of the CEC a notice on the registration of a candidate and on the annulment of the decision on the nomination of a candidate.
Article 154. Annulment of the election registration of an initiative group of registered voters🔗
The election registration of an initiative group of registered voters for the elections of the representative body of a municipality – the Sakrebulo – shall be annulled by an order of the chairperson of the relevant district election commission:
a) on the basis of its own statement;
b) if a candidate for membership of the Sakrebulo nominated by the initiative group of voters has not been registered, or the election registration of a candidate for membership of the Sakrebulo nominated by the initiative group of voters has been annulled;
c) in the event of the withdrawal of all members from the initiative group of voters.
Article 155. Removal of a person from a party list🔗
A person in respect of whom the Constitutional Court of Georgia has adopted a decision provided for by subparagraph „e“ of paragraph 3 of Article 23 of the Organic Law of Georgia "On the Constitutional Court of Georgia" shall be removed from the relevant party list.
Article 156. Determination of the results of the Sakrebulo elections held under the proportional electoral system🔗
1. To determine the number of mandates received by a party list, the number of votes received by the party list shall be multiplied by the number of mandates to be distributed under the proportional system in the election district and divided by the sum of the numbers of votes received by the parties that received at least 4 percent of the votes of the participants in the elections. The integer part of the resulting number is the number of mandates received by the party list. The number of votes recorded by ballot papers declared invalid shall not be counted in the number of votes of the participants in the elections.
2. If the sum of the numbers of mandates received by party lists in an election district is less than the total number of mandates, from the undistributed mandates, one mandate each shall first be assigned, in sequence, to those party lists with the best results that did not obtain a mandate under the procedure established by paragraph 1 of this Article, but received at least 4 percent of the votes of the participants in the elections. If after this there still remain undistributed mandate(s), the parties with the best results shall receive that mandate (those mandates) in sequence. The number of votes recorded by ballot papers declared invalid shall not be counted in the number of votes of the participants in the elections.
3. If under the procedure established by paragraph 1 of this Article no party list obtained a mandate, one mandate each shall be assigned to those subjects that received more votes than others, in accordance with the number of mandates to be distributed under the proportional system. The number of votes recorded by ballot papers declared invalid shall not be counted in the number of votes of the participants in the elections.
4. If the numbers of votes received by those 2 or more party lists to which one mandate is to be transferred under the procedure established by paragraph 2 or 3 of this Article are equal, the mandate shall be assigned to the party list that registered earlier with the relevant district election commission to participate in the Sakrebulo elections.
5. Under the proportional electoral system, those candidates whose ordinal numbers in the party list are less than or equal to the number of mandates received by that party list shall be considered elected as members of the Sakrebulo.
6. If a candidate for membership of the Sakrebulo is elected both from a single-mandate majoritarian election district and by a party list, then he/she shall be considered elected from the single-mandate majoritarian election district, shall be removed from the party list, and the candidate in the list shall be moved up in accordance with the procedure established by this Law.
Article 157. Determination of the results of elections to the Sakrebulo held under the majoritarian electoral system🔗
In elections to the Sakrebulo held under the majoritarian electoral system, the candidate who received the highest number of valid votes of the voters participating in the elections in the respective local majoritarian electoral district shall be considered elected as a member of the Sakrebulo. If the highest number of valid votes of these voters is received in equal numbers by 2 or more than 2 candidates, the candidate who passed electoral registration earlier shall be considered elected from among the said candidates.
Article 158. Summarization of the results of Sakrebulo elections at the district electoral commission🔗
1. The district electoral commission shall have the right to declare the voting results invalid at a polling station where this Law was grossly violated. Before a decision is made on the complaints on the basis of which it is possible to declare the voting results at a polling station invalid, summarization of the election results at the district electoral commission shall be inadmissible.
2. Elections in an electoral district shall be declared invalid if the number of ballot papers declared invalid in the said district is more than half of the total number of voters participating in the elections in that district and affects the election results.
3. The district electoral commission shall determine the election results and the protocol at its sitting.
4. During elections to the representative body of a municipality – the Sakrebulo, the district electoral commission, on the basis of the protocols received from the precinct electoral commissions, shall determine:
a) the total number of voters;
b) the number of participants in the elections;
c) the number of ballot papers declared invalid;
d) the number of votes cast for an electoral subject.
5. In the protocol summarizing the results of Sakrebulo elections of the district electoral commission, the data provided for by paragraph 2 of Article 84 of this Law shall be indicated. The protocol shall be drawn up in 1 copy, which shall be transferred to the CEC no later than the next day after the summarization of the election results.
6. One certified photocopy of the protocol summarizing the results of Sakrebulo elections shall be kept at the respective district electoral commission. Certified photocopies of the protocol shall be transferred to the mandate commission of the respective Sakrebulo and to representatives of parties.
7. The district electoral commission shall be obliged, immediately upon summarization of the results of Sakrebulo elections, to post a copy of the protocol summarizing the election results in a conspicuous place for general information.
8. Within 10 days after the summarization of the results of Sakrebulo elections, the district electoral commission shall publish on the official website of the CEC a notice on the election results in the respective electoral district. This notice shall also indicate the date of birth (day, month, year), position (activity) and place of work (if any) of the member of the Sakrebulo elected in the elections.
Article 159. Repeat and re-run voting🔗
1. If the voting results at a polling station are declared invalid, the CEC shall schedule a repeat voting, which shall be held within 2 weeks from the voting day. A repeat voting shall be held only if the difference between the votes received by the candidate with the best result and the candidate with the next result among the corresponding number of candidates to be elected as members of the representative body of the municipality – the Sakrebulo is less than the total number of voters of this polling station or of the invalidated polling stations.
2. If, during a repeat voting, the voting results at a polling station are declared invalid, the respective district election commission shall summarize the results of the elections held in the election district without taking into account this polling station.
3. If the elections in an election district are declared invalid, a re-run voting shall be held within 2 weeks.
Article 160. Convening of the first session of the Sakrebulo🔗
The CEC shall convene the first session of the representative body of the municipality – the Sakrebulo – no later than the 14th day from the commencement of the powers of the newly elected Sakrebulo.
Article 161. Rule for the substitution of a removed member of the Sakrebulo🔗
1. If the powers of a member of the Sakrebulo elected by the proportional electoral system are terminated early, his/her place in the relevant Sakrebulo shall be taken within 2 weeks by his/her substitute, the next candidate on the same party list, if he/she has given consent to membership of the Sakrebulo within 10 days from the notification of the relevant district election commission. If there is no longer a candidate on the submitted party list, the mandate shall be terminated.
2. If the powers of a member of the Sakrebulo elected by the majoritarian electoral system are terminated early, interim elections shall be held in accordance with the procedure established by this Law. If the powers of a member of the Sakrebulo were terminated from 15 January to 15 June, interim elections shall be held in October of the same year, and if the powers of a member of the Sakrebulo were terminated from 15 June to 15 January, in the nearest April. In the year of regular elections of municipal bodies, interim elections to the Sakrebulo shall not be held.
3. Not later than the 50th day before election day, the CEC shall, by ordinance, set the date of the interim elections and shall also, by ordinance, establish the deadlines for election activities, taking into account the deadlines determined by paragraphs 4 and 5 of this Article.
4. For the purpose of participating in the interim elections to the Sakrebulo, a party referred to in subparagraph "a" of paragraph 1 of Article 149 of this Law, as well as a party that has undergone registration for participation in the last elections of municipal bodies, shall submit an application to the CEC not later than the 47th day before election day. Within the same period, a party that does not meet the above condition shall submit an application to the CEC. To such a party, the CEC, immediately upon receipt of the application, shall provide a sample of the list of party supporters for the collection of supporters' signatures. Within the same period, an initiative group of voters shall submit an application to the relevant district election commission, the registration of which and the registration of the candidate nominated by it shall be carried out in accordance with the procedure established by Article 151 of this Law.
5. A party whose registration, in accordance with paragraph 4 of this Article, requires the submission of a list of party supporters, shall be obliged, not later than the 40th day before election day, to submit to the CEC a list of voters supporting the party's participation in the Sakrebulo elections.
6. The candidate who wins the interim elections shall take the place of the removed member of the relevant Sakrebulo elected by the majoritarian electoral system.
Article 162. Extraordinary Elections of the Sakrebulo🔗
1. In the event of early termination of the powers of the representative body of the municipality − the Sakrebulo, extraordinary elections of the corresponding Sakrebulo shall be held.
2. If the powers of the Sakrebulo are terminated early, extraordinary elections of the Sakrebulo shall be held in accordance with the procedure established by this Law. If the powers of the Sakrebulo were terminated from 15 January to 15 June, extraordinary elections shall be held in October of the same year, and if the powers of the Sakrebulo were terminated from 15 June to 15 January − in the nearest April. In the year of regular elections of municipal bodies, extraordinary elections of the Sakrebulo shall not be held.
3. Extraordinary elections of the Sakrebulo shall be appointed by the President of Georgia with the countersignature of the Prime Minister of Georgia.
4. In the event of early dissolution of the Sakrebulo, extraordinary elections of the Sakrebulo shall be appointed not earlier than the 8th day and not later than the 10th day from the entry into force of the corresponding legal act on the dissolution of the Sakrebulo. Extraordinary elections shall be held not later than the 50th day from the day of appointment of the elections.
5. In the case provided for by this Article, if, in accordance with the Organic Law of Georgia "Local Self-Government Code", the powers of the executive body of the municipality − the Mayor − are terminated early, extraordinary elections of the executive body of the municipality − the Mayor − shall be appointed and held in accordance with the procedure and within the timeframes established by this same Article.
6. In extraordinary elections of the Sakrebulo, a party and an initiative group of voters participate in accordance with the rules established by paragraphs 4 and 5 of Article 161 of this Law. The timeframes for holding extraordinary elections of the Sakrebulo shall be established by the CEC by ordinance not later than the 49th day before the election day.
Article 163. Elections of the Sakrebulo of the Municipality of the City of Tbilisi🔗
1. When conducting elections of the Sakrebulo of the Municipality of the City of Tbilisi (hereinafter – the Tbilisi Sakrebulo), the norms established by this Law shall apply, unless otherwise provided by this Chapter.
2. During a state of emergency or martial law, elections of the Tbilisi Sakrebulo shall not be held. If the election date coincides with a state of emergency or martial law, the elections shall be held no later than 60 days after the lifting of that state.
3. Elections of the Tbilisi Sakrebulo shall be held on the basis of the majoritarian electoral system and the proportional electoral system.
4. The Tbilisi Sakrebulo shall consist of 50 members, of whom 25 members shall be elected in the territory of local single-mandate majoritarian electoral districts, and 25 members – under the proportional electoral system throughout the entire territory of the Municipality of the City of Tbilisi.
5. Taking into account the boundaries of the territorial units of the districts of the Municipality of the City of Tbilisi and the number of voters, no later than 1 July of the year of the elections of municipal bodies, the CEC shall, by ordinance, create local single-mandate majoritarian electoral districts of the Municipality of the City of Tbilisi and determine their boundaries.
Article 164. Right to participate in the elections of the Tbilisi Sakrebulo
1. The right to participate in the elections of the Tbilisi Sakrebulo shall be enjoyed by candidates nominated by a party or an initiative group of voters, where they are registered by the electoral commission determined by this Law.
2. Only a party shall have the right to participate in elections to be held under the proportional electoral system and to obtain a mandate of a member of the Tbilisi Sakrebulo.
3. A candidate nominated by a party/initiative group of voters shall have the right to participate in the local single-mandate majoritarian elections of the Tbilisi Sakrebulo. A person may be nominated in only one single-mandate majoritarian electoral district.
4. A person nominated as a candidate in the elections of the Tbilisi Sakrebulo may not at the same time be nominated to participate as a candidate in the elections of the Mayor of the Municipality of the City of Tbilisi, or of the Sakrebulo or Mayor of another municipality.
5. The incompatibility of the status of a candidate for membership of the Tbilisi Sakrebulo with his official position shall be determined by Article 142 of this Law. Subparagraph „f“ of paragraph 4 of Article 130 of this Law shall not apply to the incompatibility of the status of a candidate.
Article 165. Submission of party lists🔗
1. In order to receive the mandates of members of the Tbilisi Sakrebulo to be elected under the proportional electoral system, a party shall submit party lists to the CEC no later than 30 days before the polling day.
2. The party list of candidates to be elected as members of the Tbilisi Sakrebulo under the proportional electoral system shall consist of not less than 50 and not more than 100 candidates.
3. A candidate nominated in a majoritarian electoral district may be included in the party list. In such a case, the party list shall indicate that the candidate is nominated in a single-mandate majoritarian electoral district.
Article 166. Annulment of the decision on the nomination of a candidate for membership of the Tbilisi City Council🔗
1. A candidate for membership of the Tbilisi City Council shall have the right to withdraw his/her candidacy no later than the 16th day before the polling day. For this purpose, he/she must apply to the CEC with an appropriate application.
2. After the commencement of the powers of the newly elected Tbilisi City Council, in the event of annulment by a party participating in the elections of the decision on the nomination of a candidate for membership of the Tbilisi City Council remaining on the party list, the nominated candidate for membership of the Tbilisi City Council shall be removed from the party list by order of the Chairperson of the CEC.
3. After the commencement of the powers of the newly elected Tbilisi City Council, in the event of withdrawal by a candidate for membership of the Tbilisi City Council of his/her candidacy from the party list, he/she must submit an appropriate application to the CEC. His/her candidacy shall be removed from the party list by order of the Chairperson of the CEC.
4. The CEC shall immediately publish on its official website a notice on the registration of a candidate for membership of the Tbilisi City Council and on the annulment of the decision on the nomination of the candidate.
Article 167. Removal of a person from the party list🔗
A person in respect of whom the Constitutional Court of Georgia has adopted a judgment provided for by subparagraph "e" of paragraph 3 of Article 23 of the Organic Law of Georgia "On the Constitutional Court of Georgia" shall be removed from the relevant party list.
Article 168. Rule for distribution of mandates by proportional system in the Tbilisi City Council🔗
1. Mandates in the Tbilisi City Council under the proportional system shall be distributed in accordance with the rule established by this Article, only to those electoral subjects that received not less than 4 percent of the votes of participants in the elections.
2. To determine the number of mandates received by a party list, the number of votes received by the party list shall be multiplied by 25 and divided by the sum of the numbers of votes received by those parties that received not less than 4 percent of the votes of participants in the elections. The integer part of the resulting number shall be the number of mandates received by the party list. The number of votes accounted for by ballot papers declared invalid shall not be counted in the number of votes of participants in the elections.
3. If the sum of the numbers of mandates received by party lists is less than 25, from the undistributed mandates, one mandate each shall first be allocated sequentially to those party lists having the better result that failed to obtain a mandate under the rule established by paragraph 1 of this Article but received not less than 4 percent of the votes of participants in the elections. If after this there still remain undistributed mandate(s), one mandate each shall be allocated sequentially to the parties having the better result. The number of votes accounted for by ballot papers declared invalid shall not be counted in the number of votes of participants in the elections.
4. If, under the rule established by paragraph 2 of this Article, none of the party lists obtained a mandate, one mandate each shall be allocated to those 25 subjects that received more votes than others. The number of votes accounted for by ballot papers declared invalid shall not be counted in the number of votes of participants in the elections.
5. If the numbers of votes received by those 2 or more party lists to which one mandate is to be transferred under the rule established by paragraph 3 or 4 of this Article are equal, the mandate shall be allocated to the party list that was registered earlier with the CEC for participation in the Tbilisi City Council elections.
6. Under the proportional electoral system, those candidates whose ordinal numbers in the party list are less than or equal to the number of mandates received by that party list shall be considered elected as members of the Tbilisi City Council.
7. If a candidate for membership of the Tbilisi City Council is elected both from a single-mandate majoritarian election district and by a party list, then such candidate shall be considered elected from the single-mandate majoritarian election district, shall be removed from the party list, and a candidate in the list shall be moved up in accordance with the procedure established by this Law.
Article 169. Rule for the replacement of a removed member of Tbilisi City Council🔗
1. If the powers of a member of Tbilisi City Council elected by the proportional electoral system are terminated early, his/her seat in the relevant council shall be taken within 2 weeks by his/her alternate, the next candidate on the same party list, if he/she has consented to membership of the council within 10 days of the CEC notification. If there is no longer a candidate on the submitted party list, the mandate shall be terminated.
2. The alternate of a removed member of Tbilisi City Council elected by the proportional electoral system shall be obliged, within 10 days of the CEC notification, to consent to membership of Tbilisi City Council. Otherwise, the vacant seat shall be taken by the next candidate of the same party on the party list, etc. If there is no longer a candidate on the submitted party list, the mandate shall be terminated.
3. If the powers of a member of Tbilisi City Council elected by the majoritarian electoral system are terminated early, interim elections shall be held in accordance with the procedure established by this Law. If the powers of a council member were terminated between 15 January and 15 June, interim elections shall be held in October of the same year, and if the powers of a council member were terminated between 15 June and 15 January, in the next April. In the year of regular elections of municipal bodies, interim elections to Tbilisi City Council shall not be held.
4. The CEC shall set the date of interim elections by ordinance. It shall also establish by ordinance, no later than the 50th day before election day, the deadlines for electoral activities.
5. The candidate who wins in the interim elections shall take the seat of the removed member of Tbilisi City Council elected by the majoritarian electoral system.
6. For the purpose of participating in the interim elections to Tbilisi City Council, the party referred to in subparagraph “a” of the first paragraph of Article 149 of this Law, as well as a party that has been registered for participation in the last elections of municipal bodies, shall apply to the CEC with an application no later than the 47th day before election day. Within the same period, a party that does not satisfy the above condition shall apply to the CEC with an application. To such a party, the CEC shall, immediately upon receipt of the application, provide a sample of the party supporters’ list for collecting supporters’ signatures. Within the same period, an initiative group of voters, whose registration and registration of the candidate nominated by it are carried out in accordance with the procedure established by Article 151 of this Law, shall apply to the CEC with an application.
7. A party whose registration, in accordance with paragraph 6 of this Article, requires the submission of a list of party supporters, shall be obliged, no later than the 40th day before election day, to submit to the CEC a list of voters supporting the party’s participation in the council elections.
Article 170. Summarization of the results of the Tbilisi Sakrebulo elections🔗
1. The results of the Tbilisi Sakrebulo elections shall be summarized in the manner and within the timeframes established by this Law.
2. The functions of the election commission summarizing the results of the elections to the Tbilisi Sakrebulo held under the proportional electoral system shall be performed by the CEC.
3. The results of the elections to the Tbilisi Sakrebulo held under the majoritarian electoral system shall be summarized and determined by the respective district election commission.
Article 171. Elections of the Mayor of a self-governing city/self-governing community🔗
When holding the elections of the Mayor of a self-governing city/self-governing community, the norms established by this Law shall apply, unless otherwise provided by this Chapter. The Mayor of a self-governing city/self-governing community shall be elected on the basis of universal, equal and direct suffrage, by secret ballot.
Article 172. Nomination and Registration of a Mayoral Candidate🔗
1. A citizen of Georgia with the right to vote who has reached the age of 25 before the polling day or reaches the age of 25 on the polling day and has lived in Georgia for at least 6 months may be elected as mayor.
2. The incompatibility of the status of a mayoral candidate with his/her official position is determined by Article 142 of this Law. The incompatibility of the status of a mayoral candidate with his/her official position shall not apply to subparagraph "f" of paragraph 4 of Article 130 of this Law.
3. Not later than the 30th day before the polling day, the right to nominate a mayoral candidate shall be held by a party registered in accordance with Article 149 of this Law, as well as by an initiative group of voters registered in accordance with Article 151 of this Law.
4. A party may nominate as a mayoral candidate only a member of this party.
5. The application on nomination of a mayoral candidate shall indicate the candidate's:
a) surname, name;
b) personal number of a citizen of Georgia;
c) date of birth (day, month, year);
d) sex;
e) address (according to the identity card of a citizen of Georgia or the Agency's database);
f) position (occupation);
g) place of work (if unemployed, "unemployed" shall be indicated);
h) name, surname, personal number of a citizen of Georgia, address (according to the identity card of a citizen of Georgia or the Agency's database), contact telephone number and other details (if any) of the members of the nominating initiative group of voters and their representative.
6. The application on nomination of a mayoral candidate, signed by the governing person (persons) of the party/all members of the initiative group of voters, shall be accompanied by:
a) photograph and a photocopy of the identity card of a citizen of Georgia or the passport of a citizen of Georgia;
b) an application completed and signed by the mayoral candidate, which shall indicate:
b.a) the mayoral candidate's consent to be nominated by this party/initiative group of voters for election as mayor;
b.b) that the mayoral candidate is a member of this party/the mayoral candidate is non-partisan (in the case of nomination by an initiative group of voters);
b.c) if the mayoral candidate left another party during the last 6 months before submitting the application on registration of the candidate, the exact date of leaving the respective party and the name of the party;
b.d) the fact that the mayoral candidate has lived in Georgia for at least 6 months;
c) a certificate on deprivation of the right.
7. A party/initiative group of voters shall submit the documents for registration of a mayoral candidate to the respective district election commission. An exception is a mayoral candidate of Tbilisi Municipality, whose documents shall be submitted to the CEC. The chairperson of the respective election commission shall verify the documents submitted for registration of a mayoral candidate, who, within 2 days from submission of the documents, but not later than the 28th day before the election day:
a) shall register the mayoral candidate in the electoral register, if the registration documentation of the mayoral candidate complies with the requirements established by this law;
b) notifies in writing the representative of the party/initiative group of voters nominating the mayoral candidate about the non-compliance of the data contained in the registration documentation of the mayoral candidate with the requirements established by this law (indicating the non-compliance), if such non-compliance exists. The representative of the party/initiative group of voters is given 3 days to complete the documentation.
8. The corrected data referred to in subparagraph „b“ of paragraph 7 of this article shall be examined and the issue of the candidate's electoral registration shall be decided within 3 days from the submission of the data.
9. If the corrected data complies with the requirements established by this law, the chairperson of the relevant electoral commission shall register the mayoral candidate in the electoral register, and in case of non-compliance, within the same period shall issue an order on refusal of his electoral registration (the order shall precisely indicate the grounds for refusal of electoral registration and those norms of this law whose non-fulfilment caused the refusal). The order shall be immediately communicated to the electoral subject nominating the mayoral candidate and shall be handed over upon request.
10. Within 3 days from the registration of the mayoral candidate, the chairperson of the relevant electoral commission shall hand over to him the candidate's certificate.
11. The mayoral candidate shall be registered if the following are submitted:
a) an application filled out and signed by the mayoral candidate in accordance with this article;
b) an application on the nomination of the mayoral candidate, certified by the signature(s) of the head person(s) of the party/members of the initiative group of voters;
c) a photograph of the mayoral candidate and a photocopy of the identity card of a citizen of Georgia or the passport of a citizen of Georgia;
d) a certificate on deprivation of the right.
12. The mayoral candidate shall not be registered taking into account the requirements of paragraphs 7–9 of this article, and the electoral registration of a registered candidate shall be cancelled by an order of the chairperson of the relevant district electoral commission, and during the elections of the mayor of the municipality of the city of Tbilisi – by an order of the CEC chairperson (in the cases provided for by subparagraphs „a“–„f“ of this paragraph) or by a court judgment (in the case provided for by subparagraph „g“ of this paragraph), if the applications and documents submitted to the electoral commission do not meet all the requirements established by this law or other conditions established by the same law are not met, namely:
a) the documentation required and/or the data provided for by this law is incomplete or incorrect;
b) there simultaneously exists or existed the consent of the mayoral candidate to participate as a candidate in the elections of the mayor of another municipality and/or in the elections of any sakrebulo;
c) the requirements of paragraph 2 of this article are violated;
d) the mayoral candidate is a member of another party registered in accordance with the Organic Law of Georgia “On Political Unions of Citizens”;
e) the mayoral candidate is a person in respect of whom the Constitutional Court of Georgia has adopted a decision provided for by subparagraph “b” of paragraph 3 of Article 23 of the Organic Law of Georgia “On the Constitutional Court of Georgia”;
f) the mayoral candidate is not a member of the nominating party;
g) the requirements of paragraph 1 of Article 52 and/or Article 53 of this Law have been violated.
Article 173. Cancellation of the decision on the nomination of a mayoral candidate🔗
1. A party/initiative group of voters shall be entitled, after registration, not later than 16 days before the polling day, to cancel its decision on the nomination of a mayoral candidate.
2. A mayoral candidate shall be entitled, not later than 16 days before the polling day, to withdraw his/her candidacy. To this end, he/she shall apply to the relevant election commission with an appropriate application.
3. The rules established by paragraphs 1 and 2 of this Article shall not apply to the second round of elections.
4. The relevant election commission shall immediately publish on the official website of the Central Election Commission (CEC) a notice on the registration of the candidate, as well as on the cancellation of the decision on the nomination of the candidate.
Article 174. Summarisation of the results of mayoral elections🔗
1. The results of mayoral elections shall be summarised and determined by the relevant district election commission, while the results of the elections of the Mayor of the Tbilisi Municipality shall be summarised by the relevant district election commissions and determined by the CEC.
2. A candidate who has received more than 50 percent of the votes of the voters participating in the elections shall be considered elected in the mayoral elections. The number of votes recorded on ballot papers declared invalid shall not be counted in the number of votes of the voters participating in the elections.
Article 175. Second round of mayoral elections and repeat elections🔗
1. If in the mayoral elections a candidate fails to receive the required number of votes determined by Article 174 of this Law, a second round of elections shall be scheduled. The second round of elections shall be participated in by 2 candidates who received more votes than others in the first round of elections. If more than 2 candidates have the same best result, or several candidates following the candidate with one best result received an equal number of votes, all these candidates shall participate in the second round of elections.
2. The CEC shall schedule the second round (second rounds) of the mayoral elections together with the summarization of the results of the first round of elections. The second round (second rounds) of the mayoral elections shall be held on the fourth Saturday after the mayoral elections.
3. In the second round of the mayoral elections, the candidate who received more votes shall be considered elected. If the candidates received an equal number of votes, the candidate who received more votes in the first round of elections shall be considered elected. If these numbers of votes are also equal, the candidate who registered earlier shall be considered the winner.
4. If the registration of one or both candidates who advanced to the second round of the mayoral elections is cancelled, or a candidate dies, repeat elections shall be held after 2 months. The CEC shall set the date of the repeat elections within 3 days from the occurrence of the above fact.
Article 176. Early election of mayor🔗
1. In the event of premature termination of the mayor's powers, the CEC shall call an early election by order. Early elections shall be held no later than the 50th day from the day of calling the election. No later than the 49th day before the election day, the CEC shall establish by order the timeframes for election activities.
2. In the event of premature termination of the mayor's powers, early elections shall be held in April or October, in accordance with the procedure established by this law. If the mayor's powers were terminated from 15 January to 15 June, early elections shall be held in October of the same year, and if the mayor's powers were terminated from 15 June to 15 January − in the nearest April. In the year of the regular elections of municipal bodies, early elections of the mayor shall not be held.
3. The rules established by paragraphs 1 and 2 of this article shall not apply to the case provided for by Article 162 of this law.
4. For the purpose of participating in the early election of the mayor, a party referred to in subparagraph „a“ of paragraph 1 of Article 149 of this law, as well as a party that has been registered to participate in the last elections of municipal bodies, shall apply to the CEC with an application no later than the 47th day before the election day. Within the same period, a party that does not meet the above condition shall apply to the CEC with an application, while an initiative group of voters consisting of at least 5 members shall apply to the relevant election commission with an application. To such a party the CEC shall, upon receipt of the application, hand over a sample of the list of supporters of the party for collecting the signatures of supporters, and to an initiative group of voters consisting of at least 5 members the relevant election commission shall hand over a sample of the list of supporters for collecting the signatures of supporters of the mayoral candidate nominated by it.
5. A party whose registration, in accordance with paragraph 4 of this article, requires the submission of a list of supporters of the party, as well as an initiative group of voters, shall be obliged, no later than the 40th day before the election day, to submit to the CEC or to the relevant district election commission, respectively, the list of voters supporting the participation of the party in the mayoral election / supporting the candidate nominated by the initiative group of voters.
Article 177. General provisions🔗
In preparing, conducting and determining the results of a referendum, the norms regulating the preparation, conduct and determination of the results of elections provided for by Title I of this law shall apply, unless otherwise determined by this Chapter.
Article 178. Holding of a Referendum🔗
1. The President of Georgia is entitled, upon the request of the Parliament of Georgia, the Government of Georgia or not less than 200,000 voters, to call a referendum within 30 days of receipt of the request for its calling.
2. A referendum may not be held:
a) in the event of an armed attack on Georgia;
b) while the country is in a state of war;
c) during mass unrest, a military coup, an armed mutiny, an ecological catastrophe and an epidemic, or in any other case where the state authorities are deprived of the possibility of the normal exercise of constitutional powers.
3. On the same issue, a referendum may not be called within 1 year from the day when the results of the referendum held on that issue were officially published.
4. In Georgia, a referendum is prepared and held in the Georgian language, and in Abkhazia – also in the Abkhaz language.
Article 179. Referendum Issues🔗
1. A referendum may be held on particularly important matters of state, including on issues and principles provided for by the Constitution of Georgia, the laws of Georgia, and the international treaties and agreements of Georgia.
2. A referendum may not be held:
a) to adopt or repeal a law;
b) on amnesty or pardon;
c) on the ratification or denunciation of an international treaty;
d) on an issue that provides for the restriction of a fundamental constitutional human right.
Article 180. Calling of a Plebiscite and the Procedure for its Holding🔗
1. A plebiscite is a general popular poll by voting on particularly important matters of state in order to ascertain the opinion of the voters or a part thereof.
2. A plebiscite shall be called by the Prime Minister of Georgia.
3. The results of a plebiscite are of a recommendatory nature for the state authorities.
4. The rules established by this Law (except Article 178) shall apply to the holding of a plebiscite.
Article 181. Calling of a Referendum🔗
1. A referendum shall be called by the President of Georgia by a Decree, which requires the countersignature of the Prime Minister of Georgia.
2. The referendum shall be prepared and organised by the CEC.
Article 182. Initiative group for holding a referendum🔗
1. If the initiative to hold a referendum belongs to the voters, an initiative group shall be created. The list of the initiative group shall indicate the name, surname, place of residence and contact telephone number of each of its members. The issue proposed for the referendum shall be formulated clearly and specifically by the initiative group.
2. The initiative group shall apply to the CEC with a request to register the issue proposed for the referendum by the initiative group. The wording of the issue shall be specified in agreement with the initiative group.
3. The CEC shall register the issue proposed for the referendum and the composition of the initiative group and shall publish on its official website information about this and the address of the initiative group.
4. The issue proposed for the referendum shall be entered in the voters' signature sheets.
5. The registration certificate shall be issued to the initiative group within 1 month from the application for registration. Refusal of registration shall be permissible if the requirements of this law are violated.
6. The initiative group shall have the right, within 5 days from receipt of the refusal of registration, to appeal it to the relevant district/city court, which shall consider the complaint within 5 days and adopt a judgment, which may be appealed in the manner established by the legislation of Georgia.
Article 183. Procedure and time limits for collecting signatures🔗
1. The initiative group shall begin collecting signatures from the day of receipt of the registration certificate.
2. Signatures shall be collected on a sheet of the sample agreed with the initiative group and established by the CEC. Each such sheet shall be signed by no more than 50 citizens, who shall themselves write their name, surname, year of birth, number of the identity document, address and date of signature. Each sheet filled in with the said data, indicating its address, shall be signed by the person responsible for collecting signatures. His/her signature shall be certified at a notary office.
Article 184. Consideration of the results of signature collection🔗
1. The completed signature sheets shall be sent to the initiative group, which shall compile summary data on the results of signature collection and, together with the signature sheets, send them to the CEC no later than 3 months from the day of receipt of the registration certificate.
2. The CEC shall verify the received materials and, if it considers that these materials do not contradict the requirements of this law, shall submit its conclusion and the initiative group's request to hold a referendum to the President of Georgia no later than 1 month from the receipt of the materials.
3. If it is established that a citizen has signed the application on holding a referendum 2 or more times, all his/her signatures shall be considered invalid.
Article 185. Adoption of a decision related to a request for holding a referendum🔗
1. In connection with a request for holding a referendum, the President of Georgia shall adopt one of the following decisions:
a) on setting the date of the referendum;
b) on giving a reasoned refusal to the request for holding a referendum.
2. The Decree of the President of Georgia on setting the date of the referendum or on giving a reasoned refusal to the request for holding the referendum shall be published within 30 days from his/her receipt of the request of the Parliament of Georgia/Government of Georgia for holding the referendum, as well as of the conclusion of the CEC provided for by Article 184 of this Law. The said Decree of the President of Georgia requires the countersignature of the Prime Minister of Georgia.
3. The decree on holding the referendum shall state the date of its holding and the exact wording of the issue put to the referendum. This decree shall be communicated to the population through the official press and other mass media no later than 3 days after the issuance of the decree.
4. Within 7 days after the publication of the Decree of the President of Georgia on setting the date of the referendum, the Government of Georgia shall adopt a Resolution on ensuring the holding of the referendum, which shall determine funding and other issues related to the holding of the referendum.
Article 186. Time limits for holding a referendum🔗
1. A referendum shall be held no earlier than 2 months and no later than 6 months from the day the President of Georgia adopts the decision on holding the referendum.
2. In exceptional cases, the President of Georgia shall be entitled to establish another time limit for holding the referendum.
Article 187. Withdrawal of a request for holding a referendum🔗
The Parliament of Georgia, the Government of Georgia, an initiative group shall be entitled to withdraw its request for holding a referendum before the President of Georgia adopts the decision on setting the referendum.
Article 188. Electoral commissions🔗
The CEC and the district and precinct electoral commissions shall ensure the preparation and holding of the referendum.
Article 189. Participation of members of an initiative group in the work of referendum commissions🔗
If a referendum is set on the basis of a request of voters, the initiative group shall have the right to appoint a representative to the electoral commissions.
Article 190. Summarization of referendum results and entry into force of the decision🔗
1. A referendum issue shall be considered resolved in the affirmative if more than half of the participants in the referendum voted for it. The number of votes taken into account by ballots declared invalid shall not be included in the number of votes of the participants in the referendum.
2. From the calling of a referendum until the publication of the referendum results, it shall be inadmissible to adopt a decision on the referendum issue.
3. A decision adopted as a result of a referendum shall enter into force from the day of its publication, shall have legal force and shall be final. The results of a referendum shall have direct effect.
4. The legislative and executive authorities of Georgia shall be obliged, proceeding from the referendum results, to bring the legislation of Georgia and other acts into conformity within 1 month.
5. A decision adopted as a result of a referendum may be amended or repealed only by referendum.
6. The Constitutional Court of Georgia shall have the right, in accordance with the procedure established by law, to declare the referendum results invalid.
Article 191. Temporary rule for financial support of the preparation and holding of elections/referendum🔗
1. Expenses incurred by the Election Administration of Georgia for preparing and holding elections/referendum and its activities during the term of exercise of powers shall be financed from the State Budget of Georgia.
2. The CEC shall, in accordance with the procedure established by this Law, annually submit to the Parliament of Georgia the budget application of the Election Administration of Georgia for the following year, on the basis of which the budget funding for the following year shall be determined.
3. If the budget allocation intended for the preparation and holding of elections/referendum is not allocated to the corresponding budget programme code of the CEC within the period established by this Law, the CEC shall be entitled to file a claim with the district/city court.
4. Compulsory enforcement in respect of the allocation of funds to the CEC shall not be carried out from the Fund for Enforcement of Court Judgments provided for by the State Budget of Georgia.
5. The Election Administration of Georgia, in the form of the CEC, shall have the right to receive a grant from a person authorised by law. The grant shall be used in accordance with a contract concluded between the CEC and the authorised person.
6. The Election Administration of Georgia, the Training Centre, shall be entitled, during the election period/referendum period, for the purpose of holding elections without hindrance, to carry out public procurement by means of simplified procurement provided for by the Law of Georgia on Public Procurement.
7. During the pre-election period/election period, the appeal of actions/decisions of the CEC, the Training Centre and/or their tender commissions related to public procurement shall not cause suspension of public procurement procedures.
8. During the election period/referendum period, the time limits for appealing decisions of the CEC, the Training Centre and/or their tender commissions to the Dispute Review Board for Public Procurement of the Legal Entity of Public Law − State Procurement Agency, and the time limits and procedure for considering a complaint and appealing the decision adopted, shall be determined by Article 92 of this Law.
9. The rule established by this Article shall be in force until 1 January 2027.
Article 192. Temporary rule for appealing decisions of the CEC, the Training Centre and/or their tender commissions during the election period/referendum period🔗
1. During the election period/referendum period, decisions of the CEC, the Training Centre and/or their tender commissions may be appealed, within 2 calendar days of their adoption, to the Council for the Review of Disputes Related to State Procurement of the Legal Entity of Public Law − State Procurement Agency, which shall review the relevant complaint and adopt a decision within 2 calendar days of receipt of the complaint. Decisions adopted by the Council for the Review of Disputes Related to State Procurement in relation to the actions/decisions of the CEC, the Training Centre and/or their tender commissions may be appealed, within 2 calendar days of their adoption, to the Tbilisi City Court, which shall review the relevant claim and render a judgment within 2 calendar days of receipt of the claim. The judgment of the Tbilisi City Court may be appealed, within 2 calendar days of its delivery, to the Tbilisi Court of Appeals, which shall review the claim within 1 calendar day of its receipt. The judgment of the Tbilisi Court of Appeals is final and shall not be appealed.
2. The rule established by this Article shall be in force until 1 January 2027.
Article 193. Bribery of a voter🔗
1. From the publication of the relevant legal act on the scheduling of elections through the day of voting, and where a second round of elections is necessary — from the publication of the relevant legal act on the scheduling of elections through the day of voting of the second round, it is prohibited:
a) transfer by electoral subjects, candidates for electoral subject status and their representatives, personally or through anyone, to citizens of Georgia of monetary funds, gifts and other material valuables (regardless of their value), sale of goods at a preferential price, supply or distribution of any goods free of charge (except for campaign materials provided for by this law), as well as interesting citizens of Georgia by promising the transfer of monetary funds, securities and other material valuables (regardless of their value);
b) performance of such work or provision of such services by natural persons and legal entities with personal monetary funds and/or funds of an electoral subject (except for the performance of work or provision of services obtained in accordance with the procedure established by the Law of Georgia "On State Procurement"), which, in accordance with the legislation of Georgia, falls within the competence of the state authorities of Georgia and/or municipal bodies.
2. An electoral subject which, directly or through its representative or any other natural person or legal entity acting in its favour, carried out the prohibited activity provided for by this Article, in the event of confirmation of such facts, shall have its electoral registration cancelled by a court judgment.
3. The rule established by this Article shall be in force until 1 January 2027.
Article 194. Transitional provisions🔗
1. The powers of the State Audit Office provided for by this law shall, until 2 March 2026, be exercised by a legal entity of public law – the Anti-Corruption Bureau.
2. After the entry into force of this law, all legal acts adopted/issued by the CEC before the entry into force of this law which do not contradict the requirements of this law shall retain legal force.
3. The CEC shall, within 4 months from the entry into force of this law, ensure the compliance with this law of that legal act adopted/issued by it which contradicts the requirements of this law.
Article 195. Final provisions🔗
1. Upon the entry into force of this Law, the Organic Law of Georgia of 27 December 2011 "Election Code of Georgia" (Legislative Herald of Georgia (www.matsne.gov.ge), 10.01.2012, registration code: 010190020.04.001.016032) shall be declared invalid.
2. This Law shall enter into force upon publication.
President of Georgia Mikheil Kavelashvili
Tbilisi,
17 December 2025
No 1253-IVms-XImp
Annex
Districts defined for the purposes of paragraph 7 of Article 129 of this Law
District number
District boundaries
1
Mtatsminda and Krtsanisi districts of Tbilisi Municipality
2
Vake district of Tbilisi Municipality
3
Saburtalo district of Tbilisi Municipality
4
Isani district of Tbilisi Municipality
5
Samgori district of Tbilisi Municipality
6
Didube and Chughureti districts of Tbilisi Municipality
7
Gldani district of Tbilisi Municipality
8
Nadzaladevi district of Tbilisi Municipality
9
Telavi, Akhmeta, Kvareli and Lagodekhi municipalities
10
Gurjaani, Sagarejo, Dedoplistskaro and Sighnaghi municipalities
11
Rustavi Municipality
12
Marneuli and Gardabani municipalities
13
Bolnisi, Dmanisi, Tetritskaro and Tsalka municipalities
14
Mtskheta, Dusheti, Tianeti and Kazbegi municipalities
15
Kaspi and Gori municipalities
16
Khashuri and Kareli municipalities
17
Akhaltsikhe, Borjomi, Adigeni and Aspindza municipalities
18
Akhalkalaki and Ninotsminda municipalities
19
Kutaisi Municipality
20
Sachkhere, Chiatura and Kharagauli municipalities
21
Tkibuli, Terjola, Zestafoni and Baghdati municipalities
22
Samtredia, Tsqaltubo, Vani and Khoni municipalities
23
Zugdidi Municipality
24
Poti, Khobi and Senaki municipalities
25
Tsalenjikha, Chkhorotsku, Martvili and Abasha municipalities
26
Ozurgeti, Lanchkhuti and Chokhatauri municipalities
27
Batumi and Khelvachauri municipalities
28
Kobuleti Municipality
29
Kedi, Shuakhevi and Khulo municipalities
30
Ambrolauri, Oni, Tsageri, Lentekhi and Mestia municipalities