საქართველოს საარჩევნო კოდექსი

ELECTION CODE OF GEORGIA

 

Title I – General Part

Chapter I – General provisions

 

Article 1 – Scope of the Law

This Law regulates relations with regard to the preparation and conduct of referenda, plebiscites, and elections of the President of Georgia, the Parliament of Georgia, a municipality representative body – the Sakrebulo (the ‘Sakrebulo’), and of a municipality executive body – Mayor. This Law establishes the rights, obligations and guarantees of participants in an election, the procedure for ensuring the legality and transparency of election/referendum campaign expenses, the procedure for the establishment of the Electoral Administration of Georgia and its powers; and, where so provided for by this Law, the procedure for resolving disputes and imposing liability.

 

Article 2 – Definition of terms

For the purposes of this Law, the terms used herein shall have the following meanings:

a) elections – electoral process conducted throughout the territory of Georgia, the objective and outcome of which is to elect public officials and representative bodies of public authority;

b) referendum – a nation-wide polling by secret ballot aimed at an overall, equal, and direct expression of will to decide on national issues of particular significance, and that is conducted throughout the territory of Georgia;

c) plebiscite – a nation-wide polling by secret ballot to identify the opinion of voters or a sample of voters concerning national issues of particular significance, the results of which are of recommendatory character for public authorities, and that is conducted throughout the territory of Georgia;

d) elections held under the proportional electoral system – the election of the members of the Parliament (MPs) of Georgia and of the members of a municipality representative body – the Sakrebulo held on the basis of party lists;

e) elections held under the majoritarian electoral system – the election of the members of a municipality representative body – the Sakrebulo held according to single-seat majoritarian electoral districts;

f) general elections – regular or extraordinary elections:

f.a) regular elections – elections held because of the expiration of the term of office of a representative body of a public authority or a public official within the time frame defined by the Constitution of Georgia, this Law, the Constitutions of the Autonomous Republics of Abkhazia and Ajara, and the respective laws;

f.b) extraordinary elections – elections held as a result of the pre-term termination of the tenure of a representative body of a public authority or a public official;

g) by-elections – elections held under the majoritarian electoral system in the respective local majoritarian electoral district in accordance with the procedure determined by this Law in order to fill the composition of the representative body of a municipality – the Sakrebulo;

h) re-run elections – repeat elections held as determined for regular elections, provided that:

h.a) one candidate was registered to run in elections held under the majoritarian electoral system and his/her candidacy was withdrawn in accordance with the procedure established by this Law;

h.b) none of the electoral subjects running in the elections held under the proportional electoral system passes an electoral threshold or the failure of elections is declared in more than half of the electoral districts;

h.c) election results are declared void by a court decision;

i) repeat voting – voting conducted again in an electoral precinct (precincts) where polling results have been declared void;

j) second round of elections (run-off) – voting conducted in cases and within the time frame defined in this Law, when a winner cannot be determined in the first round of elections;

k) election (polling) day – the day of holding general elections, by-elections, or re-run elections, as well as run-off or repeat voting;

l) electoral/referendum period – a period of time from the day when a legal act issued on calling an election/referendum comes into force until the day when a summary protocol of the final results of an election/referendum is published by a respective election commission;

m) suffrage – the active and passive right to vote;

n) active suffrage – the right of a citizen of Georgia to participate, by casting a vote, in general elections, referenda, and plebiscites held to elect the people’s representatives to the representative body of a public authority and to hold public office;

o) passive suffrage – the right of a citizen of Georgia to run for the representative body of public authority and for public office;

p) votes of participants in the elections/referendum – the number of votes to be determined by the sum of valid ballot papers in a ballot box/boxes and which does not include votes received through ballot papers declared void;

q) Electoral Administration of Georgia – the Central Election Commission of Georgia (‘the CEC’) and its staff, the Supreme Election Commissions of the Autonomous Republics of Abkhazia and Ajara (‘the SEC’) and their staff, the District Election Commissions (DECs) and the Precinct Election Commissions (PECs);

r) Electoral Administration officer –an election commission member and staff;

s) municipality representative body Sakrebulo – the Sakrebulo of the capital of Georgia – Tbilisi, the Sakrebulo of a self-governing community, and the Sakrebulo of a self-governing city;

t) municipality executive body – a Mayor;

u) political official – the President of Georgia, a Member of Parliament of Georgia, the Prime Minister of Georgia, other members of the Government of Georgia and their deputies, members of the Supreme Representative Bodies of the Autonomous Republics of Abkhazia and Ajara, heads of the Governments of the Autonomous Republics of Abkhazia and Ajara, a member of a municipality representative body – the Sakrebulo and the executive body – a Mayor, and a State Representative;

v) electoral registration – the registration by the chairperson of a respective election commission of parties, initiative groups of voters, party lists, and individual candidates for Mayor and Sakrebulo nominated under the majoritarian procedure in order to obtain the right to run in elections; the registration of candidates for the presidency of Georgia by the CEC for the purpose of obtaining the right to run in elections;

w) candidate for electoral subject – a person nominated for registration in the respective election commission to run in elections;

x) electoral subject – a party, an initiative group of voters, a candidate for member of a public authority representative body, or a candidate for a public official registered by the chairperson of a respective election commission;

y) party – a political association of citizens acting under the Organic Law of Georgia on Political Associations of Citizens that is registered by the chairperson of the CEC to run in elections;

z) Election Panel – a special body consisting of 300 members approved under an ordinance of the CEC, in order to elect the President of Georgia;

z1) initiative group of voters – a group of voters consisting of at least 5 members, registered by the chairperson of the relevant election commission for the purpose of participating in the elections;

z2) candidate for President of Georgia – a citizen of Georgia registered by the CEC, and nominated by not less than 30 members of the Election Panel for participation in Presidential elections of Georgia;

z3) candidate for Mayor – a citizen of Georgia registered by the chairperson of the relevant election commission, nominated by a party/initiative group of voters to run for Mayor;

z4) candidate nominated under a party list – a citizen of Georgia entered in a party list registered by the chairperson of the respective election commission to run in elections of the Parliament of Georgia or for a municipality representative body Sakrebulo;

z5) majoritarian candidate – a citizen of Georgia nominated in an electoral district by a party/initiative group of voters registered by the chairperson of an appropriate election commission to participate in elections of a municipality representative body Sakrebulo;

z6) electoral district – an operation area (administrative electoral division) where elections and referenda are organised and held;

z7) local majoritarian electoral district – a single-seat electoral district established for the election of the members of a municipality representative body – the Sakrebulo under the majoritarian system;

z7¹) electoral precinct – an administrative electoral division established in accordance with the procedure determined by the legislation of Georgia for polling and vote counting during elections or referenda;

z7²) polling station – a building or a part of a building where a polling room of a PEC is located;

z7³) election campaign – a set of measures carried out by an electoral subject/candidate for electoral subject aimed at running in and winning elections;

z7⁴) canvassing – appeal to voters in favour of or against an electoral subject/candidate, as well as any public action facilitating or impeding its election and/or containing signs of an election campaign, including participation in organising/conducting pre-electoral events, the preservation or dissemination of election materials, working on lists of supporters, being present in the representations of parties;

z7⁵) political/pre-election advertising – commercial broadcasting by mass media (‘the media’) aimed at promoting/hindering the election of an electoral subject, where the electoral subject and/or its sequence number are displayed and which contains the signs of an election campaign or appeals for or against an issue put forward for referendum/plebiscite;

z7⁶) election/referendum campaign expenses – the sum of funds of an electoral subject/referendum participant for an election/referendum campaign, as well as all goods and services obtained free of charge (reflected in market prices), except for the cost of free air time as determined by this Law;

z7⁷) information on the election/referendum campaign expenses – information on the election/referendum campaign expenses, all goods and services received free of charge, the source of any donation(s), and the  amount(s) and date(s) of the receipt of any donation(s);

z7⁸) electoral donations – sums of money transferred to the account of a respective electoral subject during the election/referendum campaign, and all types of material values and services gained free of charge, except for the cost of free air time enjoyed under the procedure established by this Law and a sum allocated by the State in the cases established by law;

z7⁹) electoral documents – an application, complaint, letter, protocol, ballot paper, special envelope, a legislative act of the Electoral Administration of Georgia, a check-list, registration book, a list of voters, a voter invitation card, or a statement of a member of an election commission incoming and outgoing at an election commission;

z7¹⁰) campaign material – a poster, flag or any other material on which an electoral subject/candidate for electoral subject and/or his/her sequence number is displayed;

z7¹¹) photocopy – a copy made by means of a photocopier;

z7¹²) Agency – the Legal Entity under Public Law (LEPL) – the Public Service Development Agency within the Ministry of Justice of Georgia;

z7¹³) beneficiary of support – a person determined by Article 12(4) and (5) of the Civil Code of Georgia.

 

Article 3 – Basic principles for holding elections, referenda, and plebiscites

The basic principles for holding elections, referenda, and plebiscites in Georgia shall be:

a) universal suffrage to participate in elections/referenda/plebiscites:

a.a) any citizen of Georgia, who has attained the age of 18 before or on the day of an election/referendum/plebiscite and who meets the requirements defined by this Law, shall enjoy active suffrage, except for the persons who, under the Constitution of Georgia and/or this Law, have restricted active suffrage;

a.b) all citizens of Georgia who meet the conditions determined by this Law, except for persons whose passive suffrage have been restricted under the Constitution of Georgia, this Law, the Law of Georgia on Combating Drug-related Crimes, and the Law of Georgia on Combating Crimes against Sexual Freedom and Inviolability, shall have passive suffrage;

a.c) a citizen of Georgia who, by a court judgment, is placed in a penitentiary facility for an extremely serious crime, or, by a court decision, is recognised as a beneficiary of support and is placed in a relevant inpatient medical facility, shall have no right to participate in an election, referendum or plebiscite;

b) equal suffrage:

b.a) voters shall participate in elections, referenda, and plebiscites on equal grounds;

b.b) every voter of the same electoral district shall have an equal number of votes;

c) direct suffrage:

c.a) elections in Georgia shall be direct;

c.b) an MP of Georgia, a member of the Sakrebulo of a self-governing city/self-governing community, and a Mayor of a self-governing city/self-governing community, shall be elected directly by voters;

d) the President of Georgia shall be elected by an Election Panel by open ballot without debate;

e) the secrecy of ballot and free expression of the will of voters:

e.a) an election, a referendum, and a plebiscite in Georgia shall be held by secret ballot (except for the Presidential elections of Georgia);

e.b) the coercion and/or intimidation of voters and any violation of the secrecy of voting shall be prohibited. Such action shall result in the criminal liability of the offender.

 

Article 4 – Public nature of elections and of the activities of the Electoral Administration of Georgia

1. In accordance with and for the purposes of this Law, the activities of the Electoral Administration of Georgia, electoral subjects, state authorities, and municipal bodies shall be open and public.

2. Electoral documents shall be available to everyone, except as provided for by the legislation of Georgia.

3. An election commission shall make electoral documents and election information available to all interested persons within two days after such a request, and if more time is required to prepare the above information, an election commission shall make it available in accordance with the procedure established by the General Administrative Code of Georgia. When copies of electoral documents and election information are requested, the fee and the payment procedure shall be regulated in accordance with the legislation of Georgia.

4. The sessions of an election commission shall be open. They may be attended only by members of a superior election commission and commission representatives, staff members of a respective and superior election commissions, representatives of media accredited in the respective commission, one representative of electoral subjects in a respective commission, one observer from a domestic observer organisation registered with the respective commission, and no more than two observers from an international organisation registered with the CEC together with an interpreter.

5. The following persons shall have the right to be present at polling stations:

a) members of the CEC, DECs and PECs;

b) representatives of the CEC and DECs;

c) a representative of an electoral subject registered with a respective PEC;

d) the representatives of the press and media registered with respective commissions;

e) observers.

6. A person authorised to be present at a polling station may carry out photography and video filming without obstructing the electoral process and without audio monitoring, except in a polling booth. A person authorised to attend a session of a commission may carry out photography and video filming of the commission session without obstructing the electoral process and without audio monitoring (except in cases defined by the CEC decree). It is prohibited to photograph and video film or otherwise process the information or data that, in accordance with this Law, is not/are not considered as public information, except when the photographing and video filming or processing is allowed by this Law. In order to ensure that polling is secret, photo and video filming in a polling booth shall be prohibited.

Law of Georgia No 1427 of 31 March 2026 – website, 3.4.2026

 

Article 5 – Calculation of terms under this Law

1. During elections, all the terms under this Law, including the terms for judicial recourse and for delivery of a court decision, shall be counted in calendar days (including weekends and holidays as defined by the labour legislation of Georgia).

2. Words ‘in N days from the given day’, ‘within N days’ period from the given day’, ‘not earlier/not later than N days from the given day’, ‘not earlier/not later than the Nth day from the given day’ shall imply the beginning of counting from the day following the indicated day.

3. Words ‘N days before the given day’, ‘not earlier/not later than N days before the given day’, ‘not earlier/not later than the Nth day before the given day’ shall imply the beginning of counting from the day preceding the indicated day.

4. Unless otherwise determined by this Law, the initial time limits for arrangements and procedures related to elections/referenda to be held shall be counted from the day when the legal act on calling elections/referenda becomes effective.

 

Article 6 – The day of an election/referendum/plebiscite

1. Regular elections to the Parliament of Georgia, the representative body of a municipality – the Sakrebulo, and of a 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. Except for elections provided for by paragraph 1 of this article, elections/referenda/plebiscites may be held on any day of the week.

3. The day of a general election/referendum/plebiscite shall be a day off. The day of the second round of elections/a by-election/an extraordinary election of a municipality representative body/an extraordinary election of a municipality executive body shall be a day off only within the jurisdiction of the respective electoral district/electoral districts.

 

Chapter II – Electoral Administration of Georgia and Its Powers

 

Article 7 – Status, system, and composition of the Electoral Administration of Georgia

1. The Electoral Administration of Georgia is an independent administrative body that shall be independent from other public bodies, within its powers, and shall be established in accordance with this Law. This Law shall define the powers and procedures for establishing the Electoral Administration of Georgia.

2. The Electoral Administration of Georgia shall be composed of:

a) the CEC and its staff;

b) the SEC and its staff;

c) the DECs;

d) the PECs.

3. The CEC is the supreme body of the Electoral Administration of Georgia that shall, within its powers, manage and control election commissions at all levels, and ensure the uniform application of the electoral legislation throughout the territory of Georgia.

4. If general elections and the elections of the Supreme Council of Ajara are held simultaneously, DECs and PECs formed for general elections shall perform the duties of DECs and PECs.

5. The Law of Georgia on Public Service shall apply to the staff of the CEC and the SEC (except for persons employed under labour contracts).

 

Article 8 – The rules of operation for an election commission

1. The rules of operation for an election commission shall be defined by this Law and the regulations of a respective commission and shall be adopted by the CEC, by a decree.

2. A session of an election commission shall be called by the chairperson or upon the request of the deputy chairperson of the commission.

3. A session of an election commission shall be duly constituted if attended by a majority of the total number of the election commission members.

4. The total number of the election commission members shall be the sum of the number of commission members elected in accordance with this Law and the number of commission members appointed by those parties that have acquired the right to appoint a member of the election commission in accordance with this Law.

5. A commission decision shall be deemed adopted if supported by a majority of the members present at the session (unless this Law provides for a higher quorum), but by not less than one-third of the total number of election commission members. The decisions of an election commission regarding the decisions made by lower election commissions, including the nullification of electoral district/precinct results, the opening of packages received from the election commission, and the counting of election ballot papers, shall be adopted by not less than two-thirds of those present at the session.

6. If the CEC fails to adopt the decision as a result of voting at its session, for the adoption of which it must be supported by no less than two-thirds of the total number of the CEC members, the CEC decision shall be put to the vote again at the same session. In that case, the CEC decision shall be deemed adopted if supported by a majority of the total number of CEC members.

7. In the case of an equal number of votes, the chairperson of the session shall cast the deciding vote.

8. Issues of human resources shall be resolved at the session of an election commission by a majority votes of the total number of the commission members, unless otherwise determined by this Law.

9. The chairperson of a session and the secretary of an election commission shall sign the minutes of the sessions.

10. The minutes of an election commission session shall be completed within one day after the session.

11. An election commission member who objects to the decision of the commission shall have the right to express his/her dissenting opinion in writing, which shall be attached to the minutes of the session. At the same time, a member having a dissenting opinion shall respect and obey the decision delivered by the election commission. An election commission member shall have no right to impede, by his/her action/omission, the execution of that decision.

12. An election commission shall accept, issue, and register electoral documents until 6 p.m. of the working day, except for cases provided for by this Law.

13. Upon the receipt of an application/complaint, the date and time of its receipt shall be recorded in the registration book of an election commission, as well as in the document delivered to the applicant/complainant. An election commission shall consider the application/complaint and shall make an appropriate decision.

14. The applicant shall confirm by a signature in the registration book the receipt of any document from an election commission.

15. In the case of any obstruction of the work of the election commission or any violation of order in the course of the session of the commission, the commission shall make a decision on removing the violator (including a member of the commission) from the session of the election commission, which shall be recorded in the minutes of the session. Removing a violator from the session of the election commission shall also imply his/her expulsion from the building of the election commission/polling station. The decision on the issue of expelling the violator from the building of the election commission shall be made by the chairperson of a respective election commission by an ordinance. In the case of obstructing the work of an election commission and a violation of order, the decision on the issue of expelling a violator from the administrative building shall be made by the chairperson of the commission by an ordinance, and during a session, the decision on the issue of expelling a violator from the session shall be made by the election commission, which shall be recorded in the minutes of the session.

16. If, in the case of making a decision on the expulsion of a person from the session of an election commission, a commission building, a polling station in accordance with the procedure established by this Law, that person does not voluntarily comply with the decision, the chairperson of the commission shall resort to the police. The police shall immediately enforce the decision to expel the person.

17. A member of the election commission shall be obliged to participate in commission activities from the day of his/her appointment (election) to the respective commission.

18. A PEC member shall be obliged to participate in trainings organised by the Electoral Administration of Georgia/LEPL – Electoral Systems Development, Reforms and Training Centre.

19. A DEC/PEC member is obliged to sign a summary protocol of polling or election results. If the DEC/PEC member objects to the information reflected in the protocol, he/she may indicate the same in the respective section of the summary protocol of polling and election results and attach a written dissenting opinion to the protocol. In the case of a dissenting opinion, the DEC/PEC member shall be obliged to sign the summary protocol of the voting results in the appropriate section for the signature of the commission member.

20. An election commission member is not the representative of his/her appointer/voter. An election commission member shall be independent in his/her activities and shall act only in accordance with the Constitution of Georgia, law, and respective subordinate acts. Any pressure upon an election commission member or any interference in his/her activities with the aim of influencing his/her decision shall be prohibited and punishable by law.

21. If the commission chairperson and deputy chairperson are simultaneously, or the commission secretary is temporarily, unable to perform the duties defined by this Law, and if under the same Law an action falling within the exclusive authority of the chairperson or the secretary is to be carried out, the commission shall elect, without delay, under the procedures defined in this Law for the election of relevant officials, an acting chairperson or a secretary from among his/her staff. The powers of the acting chairperson of the commission shall cease once the commission chairperson or deputy chairperson is able to perform their duties, and the powers of the acting secretary of the commission shall cease once the commission secretary is able to perform his/her duties.

22. If an election commission does not have a chairperson or a deputy chairperson, the commission secretary shall call a session to elect the commission chairperson and shall chair the commission until the chairperson is elected, and if the commission does not have a secretary, the senior member of the commission shall call and chair the commission session until the chairperson is elected.

23. If the CEC chairperson is absent, the powers of the CEC chairperson shall be exercised by a deputy CEC chairperson. If both the CEC chairperson and the deputy CEC chairperson are absent at the same time, the powers of the CEC chairperson shall be exercised by the CEC secretary. The CEC chairperson shall have the right to instruct the deputy CEC chairperson or the CEC secretary to exercise the powers of the CEC chairperson. When the chairperson of another election commission is absent, or as assigned by the chairperson of the election commission, the powers of the chairperson of the said election commission shall be exercised by a deputy chairperson of the same election commission.

24. An Electoral Administration officer (except for the commission members appointed by a party in accordance with the procedure established by this Law) shall have limited involvement in party activities.

 

Article 9 – Cooperation between the Electoral Administration and other State Authorities

1. The Electoral Administration of Georgia and other state agencies shall cooperate with each other within the framework of the powers granted to them by the legislation based on this Law and other legislative acts.

2. Other state agencies shall be obliged to provide the Electoral Administration of Georgia with the information (data) provided for by this Law within the time limits provided for by the same.

3. In order to verify/confirm the authenticity of the data of an extract issued by the National Agency of Public Registry, a legal entity under public law operating within the governance of the Ministry of Justice of Georgia, at the moment of registration of a local observer organisation/accreditation of a press or other mass media outlet/registration of a party, and the requirements provided for by this Law, the Agency shall provide the CEC with access to and the possibility of verifying the relevant electronic databases.

4. In order to verify information on the donors of a party, the State Audit Office shall provide the CEC with appropriate access to and the possibility of verifying the electronic database on the donors of a party.

5. State authorities, municipal bodies, legal entities under public law (except for membership-based and religious associations) and organisations established with more than 50% equity participation of the state and municipal bodies shall provide the election commissions, temporarily and free of charge, with the premises and inventory required for preparing and holding elections. Furthermore, the above bodies shall pay the utility costs of the premises provided. If an appropriate building is available, the building for an electoral precinct shall be accessible for every voter, and where such building is not available, the building allocated for the electoral precinct shall, where possible, be adapted by the allocating body for polling day to ensure accessibility for every voter.

 

Article 10 – Legal acts of the Electoral Administration of Georgia

 1. The legal acts of the Electoral Administration of Georgia shall be:

a) a decree and an ordinance of the CEC, an order and an ordinance of the Chairperson of the CEC, an ordinance of the Secretary of the CEC, a summary protocol of polling results of the CEC;

b) an ordinance of a DEC, an ordinance of the commission chairperson of a DEC, an ordinance of the commission secretary of a DEC, a summary protocol of polling and election results of a DEC;

c) an ordinance of a PEC, an ordinance of the commission chairperson of a PEC, a summary protocol of polling results of a PEC.

2. A CEC decree shall be a subordinate normative act that may be passed only in cases directly defined by law. A decree may also be passed in exceptional cases, from the commencement until the end of elections, if it becomes necessary to resolve issues that are not covered by this Law but are required for holding elections. A manual, describing separate electoral procedures, may be adopted by a decree, which shall not contain standards that are new or different from the standards defined by this Law and may contain a detailed description of procedures determined by this Law.

3. A CEC decree may not be adopted within the last four days before polling day.

4. A CEC decree shall be deemed adopted if supported by not less than two-thirds of the total number of the CEC members, unless otherwise provided for by this Law. A CEC decree shall be signed by the Chairperson of a respective CEC session and the CEC Secretary.

5. A CEC decree shall become effective upon its publication on the website of the Legislative Herald of Georgia (‘Sakartvelos Sakanonmdeblo Matsne’), unless a later date is defined by the same decree. A CEC decree may be appealed from the moment of its adoption. A CEC decree shall be published on the CEC official website within 24 hours following its adoption.

6. The ordinances of an election commission, its chairperson, and commission secretary, and the summary protocols of polling results, are individual administrative acts adopted/issued in cases and within the scope defined by this Law and a CEC decree. Commission ordinances shall be signed by the chairperson of a respective commission session and commission secretary, while other ordinances shall be signed by an issuing official. Summary protocols shall be signed by authorised officers as defined by this Law. Unless another quorum is determined by this Law, a commission ordinance shall be deemed adopted if it is supported by a majority of those present at the session, but not less than one-third of all members of the commission.

7. An order of the Chairperson of CEC/DEC is an individual legal act issued with regard to intra-agency issues including human resources.

8. The implementation of the decisions of the CEC, DEC, PEC, and their member officials within their powers, shall be mandatory throughout the territory of Georgia, an electoral district, and an electoral precinct respectively.

 

Article 11 – Remuneration of the officials of the Electoral Administration of Georgia, social protection benefits and incompatibility of offices

1. In the course of elections/referenda (except for by-elections), members and head officers of the CEC and DEC, as well as CEC staff and employees of the Legal Entity under Public Law called Electoral Systems Development, Reforms and Training Centre, shall receive double remuneration.

2. During by-elections, double remuneration under paragraph 1 of this article shall be paid only to CEC members and head officers, to CEC employees as determined by a decree of the chairperson of CEC and commission members and head officers of the electoral district where the by-elections are held.

3. PEC members and head officers shall receive remuneration from the funds allocated for holding elections, from the 30^th day before election day until a summary protocol of polling results of the higher DEC is drawn up.

4. The amount of remuneration of the head officers and members of the CEC, DECs and PECs, and of CEC staff members, shall be determined by the CEC in accordance with the Law of Georgia on Remuneration in Public Institutions.

5. In the course of elections, members and head officers of the CEC and DECs, as well as employees of the CEC and the Legal Entity under Public Law – Electoral Systems Development, Reforms and Training Centre, may be granted a cash reward and/or salary supplement, which is not subject to the maximum amount of cash rewards and/or salary supplements provided for by the Law of Georgia On Remuneration in Public Institutions that can be granted during the year.

 6. The activity and/or remuneration of a member of a temporary/special group provided for by this Law, a temporary DEC member, a member of the DEC auxiliary or technical staff, or of a PEC member, may not become a ground for hindering, suspending or terminating his/her registration in the Integrated Database of Socially Vulnerable Families, a ground for hindering the payment of the social allowance, social benefit and/or state benefit provided for him/her by the legislation of Georgia, a ground for hindering his/her enjoyment of the social privilege defined by the legislation of Georgia, a ground for reducing, suspending or terminating the said social allowance, social benefit, state benefit and/or social privilege for him/her, and/or a ground for hindering, suspending or terminating his/her participation in the state programme for facilitation of employment provided for by the legislation of Georgia and/or in a sub-programme of that programme. The remuneration of a member of a temporary/special group provided for by this Law, a temporary DEC member, a member of the DEC support or technical staff, or of a PEC member, shall not be included in the income that may, to his/her detriment, affect his/her registration in the Integrated Database of Socially Vulnerable Families, the payment of the aforementioned social allowance, social benefit and/or state benefit to him/her, his/her enjoyment of the aforementioned social privilege, and/or his/her participation in the aforementioned state programme and/or a sub-programme of that programme.

7. The remuneration of the CEC and SEC staff members, staff members of the Legal Entity under Public Law – Electoral Systems Development, Reforms and Training Centre, PEC support and technical staff members, the DEC temporary members and the PEC staff members, and the remuneration of members of a temporary/special group provided for by this Law, shall not be subject to payment of pension contributions provided for by the Law of Georgia on Funded Pensions.

8. In the course of elections, the persons provided for by the Law of Georgia On Conflict of Interest and Corruption in Public Service (except for the persons provided for by Article 26(10)(f)-(m) of this Law) shall have the right to perform paid work in the CEC as a person employed under an employment contract, as a member of the support and technical staff of a DEC, as a temporary member of a DEC, as a member of a PEC, or as a member of a special group without the written consent of the head of the relevant institution or an authorised person/body specified by the legislation of Georgia.

 

Article 12 – Disciplinary liability measures against PEC and DEC members

1. The following shall constitute disciplinary misconduct by DEC and PEC members:

a) culpable non-performance or improper performance of official duties;

b) inflicting or culpably threatening to inflict property damage on the Electoral Administration of Georgia;

c) absence from work without a good reason;

d) missing 3 consecutive PEC sessions without a good reason;

e) a gross violation of the electoral legislation of Georgia and the respective election commission regulations;

f) a refusal to perform the mandatory signing of summary protocols of polling and election results;

g) non-attendance of training organised by the election administration of Georgia/LEPL – Electoral Systems Development, Reforms and Training Centre, without good reason;

h) the neglect or violation of ethical standards, or general rules of conduct aimed at discrediting an officer and the election administration of Georgia, irrespective of whether it is committed in or outside the office.

2. The respective superior DEC may apply the following disciplinary measures against DEC and PEC members for any disciplinary misconduct:

a) verbal warning;

b) written warning;

c) withholding the official salary/part of the official salary;

d) early termination of powers (except for members appointed by parties).

3. Only one disciplinary measure may be applied for one incident of misconduct.

4. The respective superior election commission shall apply simple administrative proceedings under the General Administrative Code of Georgia to impose disciplinary measures against DEC and PEC members. Disciplinary measures imposed on an election commission member shall be appropriate to the gravity of the disciplinary misconduct committed by the commission member.

 5. If a member of the election commission has been withdrawn or his/her term of office has been terminated prematurely during the period when the court or the election commission conducts proceedings against this member in order to impose disciplinary liability on him/her because of a violation by him/her of the electoral legislation, the authorised body shall confirm the fact of violation of the electoral legislation by the said member, and if this fact is verified, the restrictions imposed by Article 14(5)(b), Article 22(16)(c) and Article 26(10)(c) of this Law shall apply to the said member of the commission.

6. The decision on imposing or refusing to impose disciplinary liability on a PEC member shall be made within a period of 12 calendar days after an appropriate application/complaint is submitted, except for cases provided for by paragraph 7 of this article.

7. A decision with regard to an application/complaint, submitted before polling day, on imposing disciplinary liability on a PEC member, shall be made within a period of 7 calendar days after a respective application/complaint is submitted.

8. A DEC member shall be deemed as being charged with disciplinary liability within one year from the imposition of a disciplinary measure, while a PEC member shall be deemed as such within two years.

9. A respective superior election commission shall be authorised to prematurely lift disciplinary liability from a DEC member, and it may lift disciplinary liability from a PEC member one year after the disciplinary measure was imposed. Disciplinary liability shall be prematurely lifted under the same procedure as it was imposed.

 

Article 13 – Early termination of tenure of members/head officers of an election commission

1. The term of office of a CEC Chairperson/member shall be terminated prematurely by a resolution of the Parliament of Georgia (except for a CEC member appointed by a party as referred to in Article 16 and other cases defined by this Law), and the term of office of DEC or PEC members shall be terminated by an ordinance of the superior election commission (except for cases provided for by paragraph 9 of this article and Article 16 of this Law) if:

a) an election commission member fails to cease activities and/or leave office which are/is incompatible with the status of a commission member within seven days after his/her election/appointment by the President of Georgia;

b) an election commission member takes over a position incompatible with the status of a commission member under this Law;

c) the fact that an activity is incompatible with the status of an election commission member has been revealed;

d) the data specified in the documents submitted for membership competition is inaccurate (from the day that fact has been revealed);

e) a member fails to fulfil the duties and powers of the CEC or DEC chairperson/member for two consecutive months or has not attended 3 consecutive sessions of the CEC or DEC without a good reason;

f) there is a guilty verdict of a court, or an election commission member violates the electoral legislation of Georgia and the violation is confirmed by a court, where a court decision has entered into force;

g) an election commission member is withdrawn by the party that appointed him/her as determined by this Law, where an application for withdrawal has been filed;

h) the status of an election commission member, as a voter, is cancelled;

i) there are cases of systematic or gross violation of the electoral legislation of Georgia, and/or the regulations of the Electoral Administration, or there is another appropriate basis under the Law of Georgia on Public Service;

j) in the case of a ban on the party appointing a member of the election commission.

2. If a member of the commission is elected/appointed as a member of the same or another election commission, his/her powers shall be prematurely terminated from the day when a legal act about his/her election/appointment becomes effective, and the respective election commission shall note that information and include it in the election commission session minutes.

3. Where so provided for by paragraph 1(f) of this article, the powers of an elected/appointed member of an election commission shall be terminated upon the entry into legal force of a judgement of conviction/decision of a court.

4. If the election commission chairperson, deputy chairperson, commission secretary has resigned:

a) the application of the resignation of the CEC Chairperson shall be submitted to the Parliament of Georgia;

b) the application of the resignation of the CEC Deputy Chairperson and Secretary shall be submitted to the CEC;

c) the application of the resignation of DEC or PEC chairperson, deputy chairperson, secretary shall be submitted to the respective election commission.

5. If the CEC Chairperson submits an application for resignation to the Parliament of Georgia, the day following the registration application shall be deemed the moment when powers of the CEC Chairperson are terminated.

6. A CEC Deputy Chairperson, CEC Secretary, a DEC or PEC chairperson, a deputy chairperson, and the commission secretary shall be prematurely dismissed from office by an ordinance of a respective election commission.

7. If a CEC member elected by the Parliament of Georgia/appointed by the President of Georgia dies, the Parliament of Georgia shall take note of that fact and include it in the plenary session minutes of the Parliament of Georgia. If a DEC member elected by the CEC dies, the CEC shall take note of that fact and include it in the CEC session minutes.

8. The dismissal of an election commission chairperson, deputy chairperson, and secretary on the same grounds, as well as an application for the early termination of the tenure of an election commission member twice in a row within six months, shall be prohibited.

 9. The tenure of an election commission member appointed by a party under paragraph 1 of this article (except for the cases provided for by paragraph 1(g)-(j) of this article and Article 16 of this Law) shall be terminated early by a court decision.

10. If one of the grounds referred to in paragraph 1 of this article exists, the Parliament of Georgia shall discuss and decide upon the resignation, or the early termination of the tenure of the election commission chairperson, deputy chairperson, or secretary, within 15 days, or within five days when the decision is made by an authorised election commission. A decision shall be made in accordance with the same procedure as applied during the election process.

11. Unless the application of resignation/early termination of powers is satisfied within the time frame provided for by this article, the election commission chairperson, deputy chairperson, or secretary shall be deemed to have resigned, and the tenure of the election commission member shall be deemed automatically terminated from the day following the expiration of the above time frame.

12. A PEC member may not be withdrawn during the last 20 days before polling day, on polling day and the day following polling day.

 

Article 14 – Composition of the CEC and procedure for the appointments of elected members and the CEC Chairperson

1. The CEC shall be composed of not more than 17 members. Among them shall be the CEC Chairperson, a deputy of the CEC Chairperson and the CEC Secretary. The CEC Chairperson shall, at the same time, be a member of the CEC. The termination of powers of the CEC Chairperson shall concurrently result in the termination of his/her powers as a CEC member.

 2. Seven 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 not more than nine 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 nominated by the Chairperson of the Parliament of Georgia to the Parliament of Georgia for election in accordance with this article and the rules of procedure of the Parliament of Georgia. The candidate for CEC membership shall be selected on an open competitive basis 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 legally competent citizen of Georgia from 25 years of age, who is non-partisan, who has not been a person appointed to the election commission by a party, or has not been an electoral subject, or a representative of an electoral subject or a donor of any party within the last five years, and who has higher education, a fluent command of the state language of Georgia, meets the requirements of Article 27(2) of the Law of Georgia on Public Service, and who has not less than five years of work experience and holds a certificate of an electoral administration officer.

5. The following persons may not be elected/appointed as a CEC member:

a) a person who does not hold a certificate of an electoral administration officer;

b) a person who has been discharged from his/her post at the election commission of Georgia by the election commission or court because of a violation of the electoral legislation of Georgia, within four years from the date he/she was dismissed from a post;

c) a person who has been declared as an administrative offender by a court because of a violation of the electoral legislation of Georgia, within four years after the court judgement enters into legal force;

d) a previously convicted person;

e) an electoral subject/a candidate for an electoral subject, or a representative thereof;

f) an observer.

6. If, in the cases provided for by the rules of procedure of the Parliament of Georgia, a CEC member (any member) has not been elected as a result of repeat voting, the chairperson of the Parliament of Georgia shall, not later than one week after the voting, send to the President of Georgia, for the purpose of appointing a CEC member (members), a list of persons participating in an open competition for the selection of a candidate (candidates) for CEC membership (a person who has been newly elected as a CEC member shall not be included in this list) and the relevant competition documentation. The President of Georgia shall be authorised, within one week after the said list and documentation are received, to appoint for a term of 5 years, from among the persons on the list, as many CEC members, or less, as are left for election by the Parliament of Georgia. In addition, the CEC member to be elected, to whose position the said member is to be appointed, must be indicated in a decree of the President of Georgia on appointing a CEC member.

 7. The term of office of a CEC member elected by the Parliament of Georgia/appointed by the President of Georgia shall be 5 years. If the Parliament of Georgia/President of Georgia fails to elect/appoint a new CEC member before the term of office of a current CEC member expires, the term of office of the current CEC member shall continue to run until the new CEC member is elected/is appointed by the President of Georgia.

8. The CEC Chairperson shall be elected by the Parliament of Georgia/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 for the election by the Parliament of Georgia/appointment by the President of Georgia of a CEC member. A candidate for CEC Chairperson/a person appointed by the President of Georgia as the CEC Chairperson, shall meet the requirements of paragraphs 4 and 5 of this article.

9. The term of office of the CEC Chairperson shall be 5 years. If a new CEC Chairperson is not elected by the Parliament of Georgia/appointed by the President of Georgia before the term of office of the current CEC Chairperson expires, the term of office of the current CEC Chairperson shall continue to run until the new CEC Chairperson is elected by the Parliament of Georgia/appointed by the President of Georgia.

10. The resolution of the Parliament of Georgia on electing a CEC member/the CEC Chairperson shall be submitted to the CEC within seven days after it is passed. The decree of the President of Georgia on appointing a CEC member/the CEC Chairperson shall be submitted to the CEC within seven days after it is issued.

 

Article 15 – Procedure for electing a deputy of the CEC Chairperson and the CEC Secretary

1. The CEC Chairperson shall have one deputy.

2. The deputy of the CEC Chairperson and the CEC Secretary shall be elected from among the CEC members elected by the Parliament of Georgia/appointed by the President of Georgia.

3. Not less than two members of the CEC shall have the right to nominate the candidates for the deputy of CEC Chairperson and the CEC Secretary. One and the same candidate may be nominated only twice.

4. If the deputy of the CEC Chairperson or the CEC Secretary fails to be elected, the duties of the said official until his/her election shall be performed by a CEC member that has received the most votes during the elections, and in case of an equal number of votes, a person identified as a result of casting lots shall perform the duties of the deputy of the CEC Chairperson or the CEC Secretary.

5. The term of office of the deputy of the CEC chairperson and the CEC Secretary shall be determined by the term of his/her membership in the CEC.

 

Article 16 – Procedure for appointing CEC members and terminating their term of office by parties

1. A party shall have the right to appoint one CEC member if the party was registered by the CEC Chairperson for participation in the Parliamentary Elections of Georgia, and it was granted a mandate of a member of the Parliament of Georgia in accordance with Article 135(3)-(5) 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 the priority shall be given to a party that has received more votes in the Parliamentary Elections of Georgia.

3. If parties have received the equal number of votes in the Parliamentary Elections of Georgia, when appointing a CEC member the priority shall be given to a party that passed the electoral registration earlier.

4. A CEC member appointed by a party shall meet the requirements of Article 14(5) of this Law.

5. A party shall have the right to withdraw a CEC member it has appointed. He/she may not be withdrawn from calling elections until the final results of those elections are summed up. A party shall have the right to appoint a new CEC member within the said period of time only when a CEC member it has appointed resigns or dies.

 

Article 17 – Powers of the CEC

1. The CEC shall:

a) ensure, within the scope of its powers, the holding of an election, a referendum, and a plebiscite, oversee the process of implementation of the electoral legislation throughout the territory of Georgia, and ensure its uniform application;

b) ensure, within the scope of its powers, the holding of regular, re-run and extraordinary elections of the President of Georgia;

c) have, in exceptional cases, if it is impossible to meet certain requirements/terms defined in this Law, the right to determine, by an ordinance, electoral arrangements and time frames for upcoming elections/polling, and to submit a proposal, if necessary, to the President of Georgia to fix another date for elections in accordance with this Law;

d) have, where necessary to solve the issues defined by this Law, the right to create a special group by an ordinance adopted by at least two-thirds of the total number of members, and to define the powers and the scope of the group;

e) define, by an ordinance, a schedule for electoral arrangements in accordance with time frames defined by this Law;

f) establish, by an ordinance, electoral districts and/or specify their boundaries, in accordance with the procedure established by this Law;

g) consider election-related applications and complaints in accordance with the procedure established by this Law, and take an appropriate decision within its powers;

h) if any lower election commission does not or cannot fulfil the obligations in accordance with the legislation of Georgia, have the right to terminate the powers of the commission by an ordinance adopted by at least two-thirds of the total number of members and create an interim group to be responsible for exercising the powers until a new commission is established;

i) verify, on its own initiative or based on an application/complaint, in accordance with the procedure established by this Law for the resolution of electoral disputes, the legality of decisions and acts of election commissions and their officials, and if any violation is identified, cancel or change the decisions and acts by an ordinance; decide, by an ordinance, on the opening of packages from the respective PEC and re-counting of ballot papers/lists of voters. If ballot papers are re-counted, the CEC shall notify all the electoral subjects and observer organisations whose representatives attended the counting of ballot papers at an electoral precinct thereof, and shall ensure, upon request, the attendance of their representatives at the re-counting process;

j) maintain a database on the election commission members who have violated the electoral legislation of Georgia and the violation was confirmed by a court, who were dismissed from the Electoral Administration office by an election commission or a court for violating the electoral legislation of Georgia, and who were subject to disciplinary liability measures for culpable non-performance or improper performance of their official duties;

k) maintain the database of persons holding certificates (of an Electoral Administration officer, a PEC member, or the head of a PEC), which is processed in accordance with the requirements established by the Law of Georgia on Personal Data Protection;

l) be responsible for creating a unified list of voters, for its computer processing, and for posting on the CEC official website information designated as public (first name, last name; photograph; date of birth; address as specified in the identity card of the citizen of Georgia; for internally displaced persons (IDPs) from the occupied territories of Georgia – an actual address as well; for individuals registered without the indication of an address, individuals removed from registration according to the place of residence and those whose registration has been declared invalid by a decision of the Agency – the address of their actual residence; the date of registration of a voter in the unified list of voters). The lists of voters belonging to ethnic minorities in the electoral precinct shall also be posted on the CEC official website during the election period in a language they understand;

m) based on the summary protocols of polling results of DECs and PECs, considering the final decision of the court about violations of the electoral legislation of Georgia, determine the results of the elections of the Parliament of Georgia (according to party lists), the elections of Tbilisi Sakrebulo held under the proportional election system, the elections of the Mayor of Tbilisi, and of a referendum/plebiscite, on which CEC summary protocols of the election results shall be drawn up;

n) determine the results of the Presidential elections of Georgia, on which CEC summary protocols of the results of the Presidential Election of Georgia shall be drawn up;

o) ensure the computer processing of polling/election results received from DECs and provide their immediate posting on the CEC official website, and if a decision is made in accordance with subparagraph (i) of this paragraph, post the decision on the CEC official website as well;

p) ensure the publication of information materials on its official website and their dissemination;

q) ensure the monitoring of training conducted by the LEPL – the Electoral Systems Development, Reforms and Training Centre;

r) manage the activities of DECs and hear their reports from time to time;

s) when different types of elections are held at the same time, determine by ordinance an additional procedure and time frames to determine the sequence numbers of electoral subjects;

t) not later than the 57^th day before the Parliamentary election day, define, by an ordinance, the list of facilities having the right to conduct drug testing;

u) be authorised to determine, by an ordinance, conditions and procedures for the submission of applications via electronic means by electoral subjects, observer organisations and observers appointed by such observer organisations, and representatives of media and mass media, for the conduct of election registration/accreditation, the submission of applications by representatives of parties/electoral subjects via electronic means for the appointment of the commission members and representatives, and other matters related to election procedures (except for those related to polling day);

v) determine by an ordinance conditions and procedures for giving appropriate information to accused/convicted persons eligible to vote in penitentiary institutions;

w) define, by an ordinance, the quota of members to be nominated by political parties in the Election Panel;

x) determine by an ordinance the number of support and technical staff of DECs and the minimum and maximum amounts of official salaries;

y) determine, by an ordinance, members of the Election Panel, who are nominated by respective political parties from among the members of municipality representative bodies in accordance with the quota determined by this Law;

z) determine, by an ordinance, a minimum number of signatures of supporters for the candidates nominated by an initiative group of voters;

z1) determine, by an ordinance, the form of election/referendum/plebiscite ballot papers; the texts of ballot papers for the parliamentary elections of Georgia, the presidential elections of Georgia, the mayoral and Sakrebulo elections of Tbilisi, and for a referendum/plebiscite; the types of election boxes, election envelopes, and election commission seals; the types of electoral documents that are not covered by this Law but are essential for organising elections;

z2) determine, by an ordinance, the form for reporting on the expenses of DECs related to elections/referenda;

z3) establish, by an ordinance, the procedure for using and fuelling vehicles in private possession by employees of the Elections Administration of Georgia and Legal Entity under Public Law called the Electoral Systems Development, Reforms and Training Centre;

z4) approve, by an ordinance, the members of the Election Panel in accordance with the procedure established by the Constitution of Georgia and this Law;

z5) approve by an ordinance the budget statement of the Electoral Administration of Georgia for the following year;

z6) approve by an ordinance the strategic and annual action plans of the Electoral Administration of Georgia;

z6) approve, by an ordinance, upon the recommendation of the CEC Chairperson, a staff list and a costs estimate;

z6¹) call, by an ordinance, extraordinary elections, re-run elections, by-elections, repeat voting, and second rounds of elections;

z6²) register, by an ordinance, a candidate for the President of Georgia and a representative of the Election Panel nominating him/her;

z6³) elect by an ordinance the representatives of the CEC and define their powers;

z6⁴) grant, by an ordinance, an election/referendum/plebiscite observer status to a non-entrepreneurial (non-commercial) legal entity defined by this Law, as well as to an international organisation, an organisation registered in another country, and to a group of representatives of governmental agencies from another country;

z6⁵) determine, by a decree, the procedure for distributing and utilizing state funds allocated for holding an election, referendum, and plebiscite;

z6⁶) determine by a decree issues related to the labour relations and work incompatibility of CEC members and elected members of DECs;

z6⁷) determine by a decree an additional rule for making a unified list of voters and polling procedures;

z6⁸) determine, by a decree, conditions for the premature exoneration of DEC and PEC members from a disciplinary liability;

z6⁹) define by a decree the procedure for the registration of observer organisations and observers for the purpose of exercising the powers provided for by this Law and attending the sessions of the election commission during the non-election period;

z6¹⁰) determine by a decree the procedure for the registration of a representative of an election subject during the non-election period and the procedure for exercising the powers by him/her provided for by this Law;

z6¹¹) determine by a decree the procedure for attending sessions of an election commission and for accrediting the press and other mass media to conduct photographic and video filming of commission sessions during a non-election period;

z6¹²) adopt by a decree the regulations on the certification of Electoral Administration officers and competitions for selecting CEC Staff members and DEC members;

z6¹³) approve, by a decree, the regulations for the certification of Electoral Administration officers and PEC head officers;

z6¹⁴) approve by a decree the Statute of the Legal Entity under Public Law called the Electoral Systems Development, Reforms and Training Centre;

z6¹⁵) approve by a decree the procedures and conditions for the special training of PEC members;

z6¹⁶) adopt by a decree the rules of procedure of the Electoral Administration of Georgia;

z6¹⁷) adopt by a decree the Code of Ethics for Electoral Administration officers;

z6¹⁸) approve by a decree an additional procedure for completing and checking the list of supporters;

z6¹⁹) be accountable to the Parliament of Georgia and submit a report to it within 60 days after summarising the results of each election;

z6²⁰) exercise other powers provided for by this Law.

2. All CEC decrees shall be published at the website of the Legislative Herald of Georgia and may also be published at other media. A CEC ordinance relating to the issues defined by paragraph 1(d), (e), (h), (i), (w), (z4), (z6¹) and (z6⁴)of this article shall be published within three days after their adoption.

3. The CEC shall also be authorised to adopt a decree on the issues falling within its authority, and regarding the election and other procedures that are not covered by this Law and other legislative acts.

 

Article 18 – Powers of the CEC Chairperson, Deputy Chairperson, and Secretary

1. The CEC Chairperson shall be the senior official of the Electoral Administration of Georgia.

2. The CEC Chairperson shall:

a) perform all administrative duties in the CEC;

b) preside over CEC sessions;

c) administer CEC funds;

d) define, by an ordinance, the amount of financing of parties based on the Organic Law of Georgia on Political Associations of Citizens;

e) define, by an ordinance, the number of persons employed at the election administration of Georgia on labour contracts;

f) register parties and initiative groups of voters participating in elections (for the elections of the Mayor of Tbilisi), and their representatives to the CEC, in accordance with the procedure established by this Law;

g) register party lists, and candidates for the Mayor of Tbilisi city;

h) grant appropriate certificates to representatives of parties and initiative groups of voters participating in elections (for elections of the Mayor of Tbilisi city);

i) grant appropriate certificates to candidates for the Mayor of Tbilisi city;

 j) grant an appropriate certificate to an elected member of the Parliament of Georgia, the Mayor of Tbilisi and a member of Tbilisi Sakrebulo, and if the powers of a member of the Parliament of Georgia and a member of Tbilisi Sakrebulo are prematurely terminated, the above certificate shall be granted to their legal successors;

k) furnish the Interim Credentials Commission of the newly elected Parliament of Georgia with all documents necessary to verify the powers of elected MPs, and after setting up the respective Standing Committee, furnish the Standing Committee with the same documents;

l) except for the issues falling within the authority of the CEC as defined by law, based on an order of the CEC Chairperson, assign administrative and financial duties to the head of a CEC structural unit for a particular period;

m) give assignments to the Deputy Chairperson, Secretary, other members and employees (workers) of the CEC staff according to the rules of procedure of the Electoral Administration;

n) where appropriate grounds exist, issue an ordinance dismissing an application/complaint without prejudice;

o) exercise other powers granted by the election legislation of Georgia.

3. The CEC Deputy Chairperson shall:

a) exercise the powers of the CEC Chairperson in accordance with Article 8(23) of this Law;

b) exercise certain powers of the CEC Chairperson by an ordinance of the CEC Chairperson and with the consent of the CEC (the ordinance shall clearly specify scopes and terms of assigned powers).

4. The CEC Secretary shall:

a) distribute all electoral documents and correspondence submitted and addressed to the CEC;

b) register, by an ordinance, the representatives of a party and an initiative group of voters participating in elections for the Parliament of Georgia and municipal bodies (for elections of the Mayor of Tbilisi city) to DECs, and grant appropriate certificates to them;

c) register, by an ordinance, the representatives of a party and an initiative group of voters participating in elections of municipal bodies (for elections of the Mayor of Tbilisi city) to DECs, and grant appropriate certificates to them;

d) register, by an ordinance, observers appointed in the CEC by a non-entrepreneurial (non-commercial) legal entity/international organisation with a status of election/referendum/plebiscite observer, register observers sent by the state bodies of another country, and issue observer certificates to them;

e) accredit, by an ordinance, representatives of the media and issue accreditation cards to them;

f) draft summary protocols of election results;

g) exercise the powers of the CEC Chairperson in accordance with Article 8(23) of this Law;

h) exercise other powers granted by the electoral legislation of Georgia.

 

Article 19 – CEC Staff

1. The CEC staff shall ensure organisational, legal, and technical support for elections and referenda.

2. The CEC regulations shall determine the structure, rules of operation, and powers of the CEC staff.

3. Unless otherwise determined by this article, a person may not be employed as a CEC staff member if he/she does not have a certificate of a public officer and a certificate of an electoral administration officer granted by the CEC, except for a person employed under a labour contract.

4. The CEC shall, by a decree, compile the list of agencies and employees on the staff list whose activities are not directly linked with electoral procedures and who are not required to have a certificate of an electoral administration officer granted by the CEC. A certificate of a public officer is not required for a person who meets the requirements under Article 29(2) of the Law of Georgia on Public Service.

 

Article 20 – Legal Entity under Public Law – the Electoral Systems Development, Reforms and Training Centre

1. The LEPL Electoral Systems Development, Reforms and Training Centre (‘the Training Centre’) is a legal entity under public law established based on this Law. The powers of the Training Centre shall be defined by the legislation of Georgia and the regulations of the Training Centre.

2. The CEC shall exercise state control over the Training Centre.

3. The following shall be the duties of the Training Centre:

a) the facilitation of electoral reforms;

b) the development, within its authority, of proposals and recommendations for the improvement of electoral systems;

c) training and ensuring the professional development of Electoral Administration personnel and other interested individuals through close cooperation with local and international organisations;

d) conducting the certification of Electoral Administration officers under the procedure defined by the decree of the CEC;

e) conducting the certification of PEC members and heads of PECs under the procedure defined by the decree of the CEC;

f) conducting election monitoring within its competence.

4. The head of the Training Centre shall be appointed to and dismissed from the post by the CEC Chairperson in accordance with the Law of Georgia on Public Service and the Law of Georgia on Legal Entities under Public Law.

 

Article 21 – Setting up DECs

1. A DEC is a standing territorial body of the Electoral Administration of Georgia. The CEC shall set up a DEC by a majority of at least two thirds of the total number of the CEC members. A DEC shall have an official seal with its name on it, a stamp, and a settlement and current bank accounts. The respective DEC chairperson and accountant shall be responsible for the DEC expenditure authorised by the CEC. A DEC shall have the right to spend funds allocated for elections from any account opened with any commercial bank and/or its branch office.

2. The CEC shall be authorised to set up, by an ordinance, one DEC within the boundaries of one municipality, and 10 DECs in Tbilisi municipality. The boundaries of a respective municipality shall be the jurisdiction of a DEC.

3. A DEC shall not be placed in the same building where the state trustee administration, a municipality representative body – the Sakrebulo or City Hall, a political party, a court, a police station, or a division of the State Security Service of Georgia are located.

4. A party, or the election headquarters of a party/initiative group of voters shall not be located in the building where a DEC is located.

5. Five members of a DEC shall be elected by the CEC for a five year-term by at least two thirds of the total number of members, unless otherwise established by this Law.

6. After elections are called, members of a DEC shall be appointed by the respective parties in accordance with the procedure established by Article 16 of this Law. Three members of a DEC shall be elected by the CEC by at least two thirds of the total number of members for the period until the final results of the elections in question are announced, unless otherwise established by this Law.

7. The term of office of a DEC member shall be five years. The term of office of a DEC member elected by the CEC under paragraph 6 of this article after elections are called shall be defined for the period from his/her appointment till the announcement of the final results of the elections in question.

8. The decision of a party on the appointment of a DEC member shall be submitted to the CEC within 7 calendar days after calling elections.

9. A party shall have the right to withdraw and appoint a DEC member only 3 weeks before polling day. A party shall have the right to appoint a new DEC member during the last 3 weeks before polling day if only an appointed member resigns or dies, and when a person cannot exercise the powers of a DEC member by virtue of a court decision.

10. A person nominated as a DEC member by an authorised party shall not be considered a DEC member if:

a) documents submitted are incomplete or inaccurate and deficiencies in the said documents have not been rectified within the time limit set by this paragraph. If documents submitted fail to comply with the requirements established by Article 22(16) of this Law, the CEC Chairperson shall, within two days, notify the entity that has appointed the DEC member of this fact (indicating the discrepancy). Rectified documents shall be returned to the CEC within three days.

b) it is revealed that this person, at the time of his/her nomination to the CEC, is a member of the same or another election commission;

c) a person nominated fails to meet the requirements of Article 22(16) of this Law. In such case, the CEC Chairperson shall, within two days, notify the authorised party of that fact and shall additionally allow it a period of one day to nominate a new DEC member.

 

Article 22 – Procedures for appointing/electing a DEC member/head officer

1. A DEC shall consist of not more than 17 members appointed/elected within the period and in accordance with the procedure established by this Law by the subjects defined by the same Law.

2. After a respective vacant position becomes available, a DEC shall elect the DEC head officer, at the very first session of the DEC, from among the DEC members appointed by the CEC for a 5-year term, by a majority of the total number of members, through roll-call voting. The term of office of a DEC head officer shall be defined for his/her period of membership in the DEC.

3. Not less than 2 members of the commission shall have the right to nominate candidates for the DEC chairperson, deputy chairperson, and secretary. The same candidate may be nominated only twice.

4. If a DEC fails to elect a head officer within the established time frame, a commission member who receives the most votes during elections shall perform the duties of the head officer until he/she is elected; and in the case of equal votes, the person elected by casting lots shall perform the duties of the head officer.

5. The CEC shall issue an ordinance for the conduct of a competition not later than 60 days before the term of office of a DEC member expires or not later than three days after the early termination of his/her term of office.

6. The CEC shall elect a DEC member not earlier than 20 and not later than10 days before the term of office of the DEC member expires.

7. If the term of office of a DEC member elected by the CEC terminates early, the CEC shall elect a substitute within 15 days (and within seven days after announcing election day). DEC head officers shall be elected within the same time frame if their term of office terminates early.

8. The term of office of three DEC members elected by the CEC in accordance with Article 21(6) of this Law, and the term of office of the DEC members appointed by parties provided for by Article 16 of this Law, shall be terminated immediately after the final results of elections are announced.

9. Candidates for DEC membership shall be selected by open competition.

10. Candidates for DEC membership shall be non-partisan persons with higher education, fluent in the official language of Georgia, and holding a certificate of an Electoral Administration officer.

11. Any capable citizen of Georgia, who has attained the age of 21 and who meets the requirements of this Law, may participate in the competition. The deadline for the submission of competition documents shall be as follows:

a) if the term of office expires – within 14 days after the competition is announced;

b) if the term of office terminates early – within 10 days after the competition is announced, and if elections are called – within two days after the competition is announced;

b) in the case of re-announcement of the competition – within 10 days after the competition is announced, and if elections are called – within two days after the competition is announced.

12. A competition application shall specify: first name and last name, education (higher), profession, academic (scientific) degree (if any), address (according to an identity card of the citizen of Georgia (registration certificate)), workplace and position, contact address and telephone number (if any) of a candidate, number and name of the electoral district in which the candidate wants to become a DEC member. The candidate shall sign the application and shall enclose with it:

a) two photographs;

b) a photocopy of the identity card of the citizen of Georgia or a photocopy of the passport of the citizen of Georgia;

c) a photocopy of a document of higher education of a candidate (as well as an academic (scientific) degree, if any);

d) a photocopy of the certificate of an Electoral Administration officer;

e) an employment record and a description of the election-related experience of a candidate (if any).

13. If the submitted documents are inconsistent with the requirements provided for by this article, the CEC Chairperson shall notify the candidate thereof (specifying the discrepancy) within two days. Rectified documents shall be returned to the CEC within three days but not later than the registration deadline.

14. The CEC shall publish the list of candidates on its official website after the deadline for receiving documents expires.

15. The CEC shall elect DEC members by roll-call voting. Each candidate shall be voted for individually. A candidate supported by a majority of at least two thirds of the total number of CEC members shall be deemed elected. If the number of those candidates turns out to be more than the number to be elected, the candidates among them with better results shall be deemed elected. If the winner cannot be identified due to an equal number of votes received by the candidates, they shall be put to a vote immediately to identify the winner among them. If the winner cannot be identified again, he/she shall be identified by casting lots. If a DEC member cannot be elected in accordance with the procedure established by this paragraph, the candidates shall be put to a vote again. During repeated voting, the candidate supported by a majority of the total number of the CEC members shall be deemed elected. If still not all vacancies are filled, a competition for the remaining vacancies shall be announced again.

16. The following person (persons) may not be elected/appointed as a DEC member (members):

a) a person who has not reached the age of 21 by the date of nomination as a member of the District Election Commission;

b) a person who does not hold a certificate of Electoral Administration officer;

c) a person who has been dismissed from post at the Electoral Administration of Georgia by the election commission or a court for violating the electoral legislation of Georgia – within 4 years after the date of his/her dismissal;

d) a person who has been recognised as an administrative offender by a court for a violation of the electoral legislation of Georgia – for 4 years after the entry into legal force of the court decision;

e) a person with a previous conviction;

f) an MP of Georgia, or members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara;

g) the Prime Minister of Georgia, another member of the Government of Georgia, his/her deputy, heads of the governments of the Autonomous Republics of Abkhazia and Ajara, other members of the governments of the Autonomous Republics of Abkhazia and Ajara, their deputies;

h) a member of a municipality representative body – the Sakrebulo, a municipality mayor, his/her deputy, or a state representative;

i) the head of Administration of the President of Georgia, his/her deputy, the head of Administration of the Government of Georgia, his/her deputy, the head of Staff of the Parliament of Georgia, or his/her deputy;

j) the head of a state sub-agency, a department, a division, or a legal entity under public law of the Ministry (except for a legal entity under public law carrying out educational, academic, research, or sports activities);

k) a military service member, a servant employee of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the General Inspection of the Ministry of Justice of Georgia, the state sub-agency within the system of the Ministry of Justice of Georgia – the Special Penitentiary Service, the State Security Service of Georgia, the Special State Protection Service, the Investigation Service of the Ministry of Finance of Georgia;

l) a judge, or his/her assistant;

m) an employee of a prosecutor’s office;

n) a person who was/has been the leader of a political party since the day of calling elections;

o) a person who was/has been an electoral subject/candidate for electoral subject and/or his/her representative since the day of calling elections;

p) the head of an observer organisation, or an observer;

q) a representative of print media or another mass media accredited in the election commission concerned.

17. Except for cases provided for by paragraph 16 of this article, the following persons may not be elected as DEC members either:

a) a person who, after the calling of any of the last two general elections conducted or the last two by-elections conducted, has been a member of an election commission appointed by a party, an electoral subject or a representative of an electoral subject;

b) a person who has been a donor of any party from the beginning of the year the last general elections were conducted or from the beginning of the year the last by-elections were conducted.

18. Where so provided for by Article 21(6) of this Law, a public servant may be elected/appointed as a DEC member (except for a person provided for by paragraph 16(f)-(m) of this article). The requirements relating to the incompatibility of offices established by the Law of Georgia on Public Service shall not apply to him/her. If a public servant is elected/appointed as a DEC member, his/her powers at his/her permanent place of work shall be suspended during his/her exercise of the powers of a DEC member, for which purpose he/she shall be given unpaid leave or due paid leave as per his/her request, in accordance with the procedure established by law.

19. If a person is elected/appointed as a DEC member, he/she shall, within seven days, meet the requirements defined by this Law for the restriction of activities and official incompatibility.

 

Article 23 – Support and technical staff of a DEC

1. The DEC Chairperson shall have the right, during the electoral period, to hire, under labour contracts, support and technical staff members (except for an accountant) for the DEC in the number determined by an ordinance of the CEC. The support and technical staff members of the DEC shall not be public servants as provided for by the Law of Georgia on Public Service and they shall not fall under the requirements on incompatibility of offices established by the legislation of Georgia.

2. A DEC may hire, under a labour contract, accountants within the number defined by paragraph 1 of this article until the end of the procedures provided for by Article 59(5) of this Law.

3. The CEC shall determine by an ordinance the number of support and technical staff of DECs and the minimum and maximum amounts of official salaries;

 

Article 24 – Powers of a DEC

A DEC shall:

a) ensure, within its powers, the conduct of elections, referenda, and plebiscites, oversee the process of the implementation of the electoral legislation of Georgia, and ensure its uniform application;

b) establish and specify, by an ordinance, the boundaries of electoral precincts;

c) have, if a lower PEC is unable or fails to perform the duties assigned to it under the legislation of Georgia, the right to request the CEC to suspend the powers of that commission by a decision of a majority of the total number of DEC members;

d) open the respective election documentation and count the voting results again when the number of votes given to an electoral subject, the total number of voters participating in the elections and/or the number of ballot papers deemed void has been altered in the summary protocol of the voting results drawn up by a PEC in such a way that it is not accompanied with the amendment protocol. Where this is the case, the DEC shall only count/check the election documentation counting/checking of which is sufficient to verify the veracity of the aforementioned datum/data altered, and if the result of the counting/checking of the documentation is not the same as the datum/data altered, the DEC shall re-count both the ballot papers and the number of voter signatures in all types of voters’ lists;

e) not later than the 6^th day from polling day, identify 5 electoral precincts at a commission session, by random selection from the electoral precincts within the territory of an electoral district, to open the packages received from the PECs of those electoral precincts and to re-count the voting results. Where this is the case, the DEC shall re-count the ballot papers, and if the result of the re-counting of the ballot papers is not the same as the data in the summary protocol of the polling results, the DEC shall re-count the number of voter signatures in all types of voters’ lists. In order to identify electoral precincts by a random selection under this sub-paragraph, the electoral precincts provided for by sub-paragraphs (f) and (g) of this article shall not be taken into account;

f) open the respective election documentation and re-count the voting results when the sum of the number of ballot papers deemed invalid and the number of votes cast for election subjects exceeds by 5 or more the total number of voters participating in the elections indicated in the summary protocol of voting results compiled by the PEC. In this case, the District Election Commission is obliged to recount the ballot papers, and if the sum of the number of ballot papers deemed invalid and the number of votes cast for the election subjects as a result of the recount of the ballot papers does not match the total number of voters participating in the elections indicated in the summary protocol of the voting results compiled by the Precinct Election Commission, the District Election Commission must recount the number of voters' signatures in all types of voter lists;

g) open the respective election documentation and re-count the voting results when the sum of the number of ballot papers deemed invalid and the number of votes cast for election subjects falls behind by 10 or more of the total number of voters participating in the elections indicated in the summary protocol of voting results compiled by the PEC. In this case, the District Election Commission is obliged to recount the ballot papers, and if the sum of the number of ballot papers deemed invalid and the number of votes cast for the election subjects as a result of the recount of the ballot papers does not match the total number of voters participating in the elections indicated in the summary protocol of the voting results compiled by the Precinct Election Commission, the District Election Commission must recount the number of voters' signatures in all types of voter lists;

h) based on an application/complaint (if the application/complaint is filed in accordance with the procedure and within the time limit determined by this Law), as well as on its own initiative, verify the legality of the actions and decisions of PECs and their officials (including the accuracy of keeping record of participants in elections, counting of ballot papers, etc.), and if violations are revealed, make an appropriate decision (including, change the data in the PEC summary protocol of polling results according to the verification results, or annul polling results in an electoral precinct); if the violation results in the replacement of a person elected in a single-seat district or of a candidate participating in the second round of elections, or the replacement of persons elected in a multi-seat electoral district (during elections of the municipality bodies), or the change in the recognition of elections as held or failed (according to a majoritarian electoral district and during the elections of municipality bodies), and when the aforementioned verification fails to allow the DEC to establish the legality of the results, it shall make a decision to declare void the polling results in the electoral precinct concerned, and to raise the question before the CEC as to holding a repeat vote. If a DEC takes the decision to re-count votes, the DEC shall communicate this information to all electoral subjects and observer organisations whose representatives were present during the counting of ballot papers at an electoral precinct, and shall ensure, if they wish, the attendance of their representatives during the re-counting;

i) based on the summary protocols of the polling results of PECs, giving consideration to the final decision about violations of the electoral legislation of Georgia, summarise electoral district voting results of the respective elections/referenda/plebiscites and draw up a summary protocol of the polling results of the DEC;

j) based on the summary protocols of the polling results of PECs, taking into account the results of the decision of a district/city court regarding a violation of the electoral legislation of Georgia, determine the consequences of elections during elections of municipality bodies (except for Tbilisi Sakrebulo elections) and during the Mayoral elections of a self-governing city (except for Tbilisi city)/a self-governing community, and in this regard, draw up a summary protocol of the DEC on election results;

k) grant, by an ordinance, the status of a domestic observer of elections/referenda/plebiscites to local non-entrepreneurial (non-commercial) legal entities referred to in this Law;

l) ensure the conduct of extraordinary elections, re-run elections, repeat voting, and run-off elections;

m) elect, by an ordinance, representatives of a DEC and define their powers;

n) ensure the release and publication of election-related information materials;

o) review the applications and complaints related to the election process and make an appropriate decision within its power;

p) facilitate the compilation of lists of voters as determined by this Law and ensure it is made public and available;

q) provide PEC members with workshops and training courses for professional development;

r) exercise other powers granted by this Law.

 

Article 25 – Powers of chairpersons, deputy chairpersons, and secretaries of DECs

1. The DEC chairperson shall:

a) perform all administrative duties in the district election commission;

b) preside over DEC sessions;

c) administer DEC funds;

d) conclude labour contracts with the support and technical staff of the DEC;

e) give assignments to the deputy chairperson, secretary, other DEC members, and support and technical staff in accordance with the regulations of the Electoral Administration;

f) register the initiative groups of voters, and majoritarian candidates nominated in an electoral district by a party/initiative group of voters; also party lists, and candidates for Mayor for the elections of the municipality bodies (except for the elections of Tbilisi municipality Sakrebulo and the elections of Tbilisi Mayor);

g) grant appropriate certificates to candidates nominated by a party/initiative group of voters;

h) issue appropriate certificates to elected Sakrebulo members (except for Tbilisi Municipality Sakrebulo members), and if the term of office of the members is terminated, issue certificates to their successors, also to a Mayor (except for the Mayor of Tbilisi municipality);

i) provide the CEC with all documents required for the verification of powers of an elected Sakrebulo member, of a Mayor, also other electoral documents provided for by the electoral legislation of Georgia;

 j) where appropriate grounds exist, issue an ordinance dismissing an application/complaint without prejudice;

k) exercise other powers granted by the electoral legislation of Georgia.

2. The DEC deputy chairperson shall:

a) act for the DEC chairperson if the DEC does not have a chairperson or the DEC chairperson is unable to perform his/her duties;

b) exercise certain powers granted by an ordinance of the DEC chairperson (the ordinance shall specify the scope and term of powers granted to him/her).

3. A DEC secretary shall:

a) distribute electoral documents and correspondence submitted and addressed to the DEC;

b) register, by an ordinance, the representatives of a party and the initiative group of voters participating in elections to PECs, and issue appropriate certificates to them;

c) register, by an ordinance, observers appointed by a non-entrepreneurial (non-commercial) legal entity with an election/referendum the status of observer in DECs and PECs and issue observer certificates to them;

d) accredit, by an ordinance, media representatives and issue accreditation cards to them;

e) draw up the minutes of election commission sessions, including the summary protocols of polling and election results;

f) exercise other powers granted by the electoral legislation of Georgia.

 

Article 26 – Setting up a PEC

1. A PEC is an interim territorial body of the Electoral Administration of Georgia, which is composed of subjects determined by this article, officials appointed/elected by the CEC and a higher DEC.

2. A PEC shall consist of not more than 17 members appointed/elected within the period and in accordance with the procedure established by this Law by the subjects defined by the same Law.

3. A PEC may not be established and a polling place may not be allocated in the same premises where the following are located:

a) a party;

b) state authorities and municipality bodies, except when there are no other appropriate premises within the territory of an electoral precinct for the conduct of polling in accordance with this Law; a DEC shall make an appropriate decision;

c) a police station or the division of the State Security Service of Georgia.

4. A party, or the election headquarters of a party/initiative group of voters, shall not be located in the building where a PEC is located.

5. A respective DEC shall elect 8 PEC members, including the head officers of the aforementioned PEC, by at least two thirds of the total number of its members, provided that a candidate is also supported by at least 3 members of the respective DEC elected by the CEC for a 5-year term. A DEC member shall not participate in the selection procedure defined by this paragraph if he/she is a family member of a candidate for membership in a respective PEC (spouse, direct ascendant or descendant relative, stepchild, sister, brother or a stepchild of a parent or child, sister, brother, or a parent of the spouse).

6. Nine members of a PEC shall be appointed by respective parties in accordance with the procedure established by Article 16 of this Law.

7. A legally competent citizen of Georgia from the age of 18, who meets the requirements determined by this Law and who holds a certificate of a PEC member, may be elected, as well as appointed by an authorised party as a member of a PEC, except for the cases provided for by paragraphs 8 and 9 of this article.

8. A certificate of a PEC member shall not be required for:

a) a person holding a certificate of an Electoral Administration officer;

b) a person holding a certificate of a head of a PEC;

c) a member of a PEC set up as an exception;

d) a person participating in a competition to select a PEC member announced as a result of the termination of powers of a PEC member;

e) a person participating in a competition announced under Article 27(5) and (8) of this Law;

g) a PEC member appointed by an authorised party.

9. A DEC shall have the right to elect, on a repeated competition basis, a person who does not hold a certificate of a PEC member as a PEC member if not all vacancies for one or more than one PEC members have been filled as a result of a competition announced for the selection of PEC members.

10. The following person (persons) may not be elected/appointed as a PEC member (members):

a) a person who has not reached the age of 18 by the date of nomination as a member of the PEC;

b) a person who does not hold a certificate of a PEC member, except for cases provided for by paragraphs 8 and 9 of this article;

c) a person who has been dismissed from post at the Electoral Administration of Georgia by the election commission or a court for violating the electoral legislation of Georgia – within 4 years after the date of his/her dismissal;

d) a person who has been recognised as an administrative offender by a court for a violation of the electoral legislation of Georgia – for 4 years after the entry into legal force of the court decision;

e) a person with a previous conviction;

f) an MP of Georgia, or members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara;

g) the Prime Minister of Georgia, another member of the Government of Georgia, his/her deputy, heads of the governments of the Autonomous Republics of Abkhazia and Ajara, other members of the governments of the Autonomous Republics of Abkhazia and Ajara, their deputies;

h) a member of a municipality representative body – the Sakrebulo, a municipality mayor, his/her deputy, or a state representative;

i) the head of Administration of the President of Georgia, his/her deputy, the head of Administration of the Government of Georgia, his/her deputy, the head of Staff of the Parliament of Georgia, or his/her deputy;

j) the head of a state sub-agency, a department, a division, or a legal entity under public law of the Ministry (except for a legal entity under public law carrying out educational, academic, research, or sports activities);

k) a military service member, a servant employee of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the General Inspection of the Ministry of Justice of Georgia, the state sub-agency within the system of the Ministry of Justice of Georgia – the Special Penitentiary Service, the State Security Service of Georgia, the Special State Protection Service, the Investigation Service of the Ministry of Finance of Georgia;

l) a judge, or his/her assistant;

m) an employee of a prosecutor’s office;

n) a person who was/has been the leader of a political party since the day of calling elections;

o) a person who was/has been an electoral subject/candidate for electoral subject and/or his/her representative since the day of calling elections;

p) the head of an observer organisation, or an observer;

q) a representative of print media or another mass media accredited in an election commission concerned.

11. Except for the cases provided for by paragraph 10 of this article, the following persons may not be elected as PEC members either:

a) a person who, after calling of any of the last two general elections conducted or the last two by-elections conducted, has been a member of an election commission appointed by a party, an electoral subject or a representative of an electoral subject;

b) a person who has been a donor of any party from the beginning of the year the last general elections were conducted or from the beginning of the year the last by-elections were conducted.

12. Provisions for the certification of PEC members shall be approved by the CEC, by a decree. The examination tests for the aforementioned certification must include topics only from the Organic Law of Georgia the Election Code of Georgia and the PEC regulations, in accordance with the functions of the PEC members.

13. The period of validity of a certificate of a PEC member shall be 5 years after the respective examination was passed. The conditions for the extension of the validity of a certificate of a PEC member shall be defined by a decree of the CEC.

14. A public servant (except for a person provided for by paragraph 10(f)-(m) of this article) may be elected/appointed as a PEC member. The requirements relating to the incompatibility of offices established by the Law of Georgia on Public Service shall not apply to him/her. If a public servant is elected/appointed as a PEC member, his/her powers shall be suspended at his/her permanent place of work during his/her exercise of powers of a PEC member, for which purpose he/she shall be given unpaid leave or his/her due paid leave as per his/her request, in accordance with the procedure established by law.

15. The newly setup PEC shall start operating and the powers of its members shall commence from the 30^th day of the election day. The above powers shall be terminated immediately after the respective DEC draws up the summary protocol of the polling results.

16. If PEC members fail to fulfil the requirements defined by this Law, the disciplinary measures provided for by Article 12(1) and (2) shall be imposed on them.

 

Article 27 – Election/Appointment of PEC members

 1. A DEC shall elect PEC members for regular elections not later than on the 46^th day, and for extraordinary elections – not earlier than on the 50^th day and not later than on the 46^th day before the election day. Before electing PEC members, the list of respective candidates shall be published on the official website of the CEC. Members of a PEC set up in an exceptional case shall be elected not earlier than the 11^th day and not later than the 10^th day before the election day.

2. A decision of a party authorised under Article 26(6) of this Law regarding the appointment of a PEC member shall be submitted to a respective DEC not earlier than the 45^th day and not later than the 40^th day before the election day, while a decision regarding the appointment of a commission member to a PEC set up in an exceptional case shall be submitted to a respective DEC not earlier than the 14^th day and not later than the 10^th day before the election day.

3. If the party entitled to appoint a member of the commission does not exercise this right within the period established by this Law, it shall lose the right to appoint a member of the PEC during the election period of the same election.

4. The respective DEC shall publish the list of PEC members on the CEC official website not later than the 29^th day before the election day, and it shall publish the list of the members of an election commission set up in exceptional cases not later than the 5^th day before the election day.

5. If on the 30^th day, and for the commissions set up in exceptional cases, on the 8^th day before the election day, there are fewer members in the PEC than required, the higher DEC shall have the right to elect commission members, instead of the PEC members that have left the commission, within three days from among the competing candidates or based on another competition that has been reannounced.

6. The CEC shall determine, by an ordinance, the procedure for conducting the competition to select PEC members, the competition terms and conditions, and the procedure for electing the aforementioned members.

7. A decision of an authorised party on the withdrawal of a PEC member or appointment of his/her legal successor shall be submitted to the respective PEC and the higher DEC.

8. If a party authorised to appoint the legal successor of a commission member fails to exercise this right after the term of office of the commission member terminates early, or if the term of office of a commission member elected by a DEC terminates early and because of this there are fewer members in the commission than required, the DEC shall have the right to appoint a new candidate within five days after the deadline for nominating new candidates expires. In such case, the party will lose the right to reappoint a member of the Precinct Election Commission during the election period of the same election.

9. A DEC shall elect PEC members by roll-call voting. Each candidate shall be voted for individually. When electing a PEC member by a DEC, a candidate supported by at least two thirds of the total number of the respective DEC members shall be deemed elected, provided that he/she was supported by at least 3 respective DEC members elected by the CEC for a 5-year term. If the number of candidates turns out to be more than the number to be elected, the candidates among them with better results shall be deemed elected. If a successful candidate cannot be identified due to an equal number of votes received by candidates, the candidates shall be put to a vote immediately to reveal the successful candidate. During repeated voting, the candidate supported by a majority of the total number of the relevant DEC members shall be deemed elected. If a winner is still not revealed, he/she shall be determined by casting lots. If not all vacancies are filled as a result of the procedure established by this paragraph, a decision shall be made by the CEC.

10. A decision on the election/appointment of a PEC member shall indicate the first and last name of the elected/appointed member, also the number of the PEC to which the candidate has been elected/appointed. A party decision on the appointment of a PEC member shall indicate the contact address and telephone number of the appointed commission member. A photocopy of the identity card or a photocopy of the passport of a citizen of Georgia and the consent of the appointed commission member shall be attached to the decision.

11. A person nominated as a PEC member by an authorised party shall not be considered a PEC member if:

a) the time limit for submitting documents defined by this article has been violated;

b) the documents submitted are incomplete or inaccurate and the deficiencies in the said documents have not been rectified within the time limit set by this paragraph. If the submitted documents do not meet the requirements defined by this article, respectively the DEC Chairperson shall, within two days, inform the entity that elected/appointed the PEC member (specifying the discrepancy). Rectified documents shall be returned to the respective DEC within three days.

c) it is revealed that this person, at the time of his/her nomination to the DEC, is a member of the same or another election commission;

d) a person nominated fails to meet the requirements of Article 26(10) of this Law. In such case, the DEC Chairperson shall notify the authorised party thereof within two days and shall give an additional one-day period to nominate a new member to the PEC.

12. The term of office of a PEC member shall terminate upon the election of his/her substitute commission member.

 

Article 28 – Election of PEC head officers

1. A chairperson, deputy chairperson and a secretary of a PEC (the PEC head officers) shall, at the same time, be members of a PEC. The termination of the powers of the mentioned persons shall, at the same time, lead to the termination of their PEC membership.

2. The PEC head officers shall be elected by the respective DEC in accordance with the procedure and within the established time limits provided for by this article and Articles 26 and 27 of this Law.

3. Procedures for conducting a competition for the selection of PEC head officers, the conditions and terms of the competition and the procedure for electing the mentioned persons shall be determined by a CEC ordinance.

4. A legally competent citizen of Georgia from the age of 18, who meets the requirements determined by Article 24(10) and (11) of this Law, and who holds a certificate of a PEC head officer, may be elected as a PEC head officer, except for cases provided for by paragraphs 5 and 6 of this article.

5. A certificate of a PEC head officer shall not be required for:

a) a person holding a certificate of an Electoral Administration officer;

b) a head officer of a PEC set up as an exception;

c) a person participating in the competition announced for the selection of the PEC head officer because of the termination of the term of office of the PEC head officer.

6. The DEC shall have the right to elect a person who does not hold a certificate of a PEC head officer, as the PEC head officer, based on a competition, if, as a result of a repeated competition announced for the selection of the PEC head officers, all the vacancies of one or more head officers of the PEC have not been filled.

7. Provisions for the certification of PEC head officers shall be approved by the CEC, by a decree. The tests for the mentioned certification shall cover the questions only from the Organic Law of Georgia Election Code of Georgia and the PEC regulations, in accordance with the functions of the PEC head officers.

8. The validity of the certificate of the PEC head officer shall be 5 years after passing the relevant exam. The conditions for extending the validity of the certificate the PEC head officer shall be determined by the CEC decree.

 

Article 29 – Powers of a PEC

1. A PEC shall:

a) within its powers, ensure the conduct of elections, referenda, and plebiscites in an electoral precinct, the implementation of the electoral legislation of Georgia, the compliance of the procedures under the electoral legislation of Georgia during polling, the exercise and the protection of the rights of voters, representatives, and observers guaranteed by the Constitution of Georgia and this Law;

b) verify the accuracy of the lists of voters, consider complaints related to the lists of voters and if errors and inaccuracies are identified, apply to the higher DEC, not later than the following day, to make changes to the lists;

c) based on the applications and complaints of voters, draw up a mobile ballot box list;

d) prepare the polling results at an electoral precinct, for which a summary protocol of the polling results of the PEC shall be drawn up;

e) have the right to bring up a question to the higher DEC, by a decision of a majority of the total number of its members, to declare polling results void;

f) be responsible for the posting of information under the electoral legislation of Georgia in electoral precincts, for the proper preparation of the place where polling and ballot counting are to be conducted, and ensure the observance of order at the precinct;

g) on polling day, consider applications and complaints related to electoral process and polling preparation process and make respective decisions within its powers;

h) guarantee the unconditional exercise of suffrage for voters on polling day and assume full responsibility for the protection of those rights;

i) cancel decisions made by the PEC chairperson regarding the temporary closure of the polling station, the cessation of the polling process, the reopening of the polling station, and the continuation of polling following its closure;

j) exercise other powers granted by the electoral legislation of Georgia.

2. All ordinances issued by a PEC and its chairperson shall be posted at the electoral precinct on the following day.

 

Article 30 – Powers of chairpersons, deputy chairpersons, and secretaries of PECs

1. The PEC chairperson shall:

a) perform all administrative duties in the PEC;

b) preside over PEC sessions;

c) receive and distribute electoral documents and correspondence submitted and addressed to the PEC;

d) assume personal responsibility for the storage and purposeful distribution of ballot papers, special envelopes, commission seals, summary protocols, and other electoral documents;

e) give assignments to the deputy chairperson, secretary and other members of the commission in accordance with the regulations of the Electoral Administration;

f) organise the distribution of duties among commission members on polling day by casting lots;

g) be responsible for keeping order inside the polling station on polling day;

h) not allow persons authorised to be present at the polling station without wearing appropriate badges;

i) submit all electoral documents to the higher DEC after polling results are summarised;

j) exercise other powers granted by the electoral legislation of Georgia.

2. The PEC deputy chairperson shall:

a) act for the PEC chairperson if the PEC does not have a chairperson or the PEC chairperson is unable to perform his/her duties;

b) exercise certain powers granted by an ordinance of the PEC chairperson (the ordinance shall clearly specify the scopes and terms of the powers).

3. The PEC secretary shall:

a) prepare drafts of the PEC ordinances;

b) be responsible for the release of public information;

c) draw up the minutes of PEC sessions, including summary protocols of polling results;

d) exercise other powers granted by this Law.

 

Chapter III – Electoral Districts and Electoral Precincts

 

Article 31 – Electoral districts

1. For Parliamentary Elections of Georgia, Georgia is a unified multi-seat electoral district.

2. For the elections of municipal bodies, the electoral districts shall be set up and their boundaries, names and numbers shall be defined in accordance with this Law.

3. For the election of the municipality representative body – the Sakrebulo and the Mayor of a self-governing city/a self-governing community, each municipality shall be one electoral district.

4. For the election of the Tbilisi municipality Mayor, Tbilisi shall be one electoral district comprising the electoral districts set up in accordance with paragraph 5 of this article.

5. Ten electoral districts shall be set up for Tbilisi municipality Sakrebulo elections under the proportional electoral system:

a) Mtatsminda;

b) Vake;

c) Saburtalo;

d) Krtsanisi;

e) Isani;

f) Samgori;

g) Chughureti;

h) Didube;

i) Nadzaladevi;

j) Gldani.

6. Within two days after calling elections, the CEC shall publish on its official website information about the electoral districts, indicating their boundaries.

 

Article 32 – Local majoritarian electoral districts

1. For the election of the municipality representative body Sakrebulo, local majoritarian electoral districts shall be set up and their boundaries shall be verified by the respective DECs, while for the election of the Tbilisi city Sakrebulo, local majoritarian electoral districts shall be set up and their boundaries shall be verified by the CEC not later than 1 July of the elections year, considering the territorial and administrative specificities of the respective municipality.

2. Within a period of 5 days after calling elections, the CEC (for Sakrebulo elections of Tbilisi and other self-governing cities) and DECs shall specify the boundaries of majoritarian electoral districts.

3. For extraordinary elections of the municipality representative body – the Sakrebulo local majoritarian electoral districts shall be set up and boundaries shall be specified by respective DECs, and for extraordinary elections of Tbilisi and other self-governing cities such electoral districts shall be set up and boundaries shall be specified by the CEC within 5 days after calling elections.

4. Within 2 days after setting up local majoritarian electoral districts, the CEC and the respective DECs shall publish a notice about the local majoritarian electoral districts and their boundaries on the website of the CEC.

 

Article 33 – Electoral precincts

1. To conduct polling and count votes, an electoral district shall be divided into electoral precincts.

2. An electoral precinct shall be set up for not less than 20 and not more than 1 500 voters, except for cases provided for by paragraph 3 of this article and Article 77(4) of this Code. The respective DEC shall set up electoral precincts, and shall define their boundaries and numbers not later than 1 July of the election year, and shall publish, within two days, the respective information about the boundaries of the electoral precincts. Based on the data of respective municipality bodies, the DEC shall define and specify the list and addresses of the residential buildings within the area of the electoral precinct, as well as the list and addresses of all facilities that may be used by the Electoral Administration for election purposes. If extraordinary elections for the Parliament of Georgia are called, the electoral precincts shall be set up not later than 40 days before election day.

3. At an electoral precinct, where voters determined by Article 35(1)(e) of this Law cast their votes, the number of voters shall not exceed 2 000.

4. Information about the boundaries of electoral precincts, specifying the addresses of all residential buildings (if any), shall be posted inside the DEC building.

5. In exceptional cases (a penitentiary institution, hospitals and other inpatient facilities, shelters for the elderly, homeless shelters, shelters for people with disabilities, and other social facilities where the number of voters exceeds 50) an electoral precinct may be set up not later than the 15^th day before polling day. A facility defined by this paragraph, where the number of voters does not exceed 50, shall be assigned by a DEC ordinance to the nearest electoral precinct.

6. A relevant DEC shall specify the boundaries of electoral precincts, and the list and addresses of the buildings referred to in paragraph 2 of this article located within an electoral precinct, not later than the 50^th day before election day based on the data and verification provided by the municipality bodies acting in the territory of a self-governing city/community. The specified boundaries of electoral precincts shall be published immediately.

7. Setting up electoral precincts for servicemen of institutions defined by Article 35(1)(e) of this Law in the territory of their respective units shall be prohibited, except for the cases provided for by paragraph 5 of this article.

8. A DEC shall, not later than 5 days after setting up electoral precincts, and within 2 days in the case provided for by paragraph 5 of this article, publish on the CEC official website the numbers of electoral precincts, and addresses, telephone numbers, and other details of PECs.

 

Chapter IV – Lists of Voters

 

Article 34 – Unified list of voters and its formation procedure

1. The unified list of voters shall be the list of individuals having active suffrage and registered in accordance with the procedure established by the legislation of Georgia and shall be divided by electoral precincts.

2. The unified list of voters shall include the following data of voters:

a) first and last name;

b) date of birth (day, month, year);

c) address (according to a Georgian citizen’s identity card or the Agency database, which also includes the place of registration abroad);

d) personal number of a citizen of Georgia;

e) actual place of residence (for IDPs from the occupied territories of Georgia or for individuals registered without an indication of address, for individuals registered abroad, for individuals removed from registration according to their place of residence, as well as for individuals whose registration has been declared invalid by a decision of the Agency, a temporary place of residence shall be indicated. For individuals living abroad, ‘on a consular registry’ shall be indicated (such an indication shall not be a basis for restricting the right of voting according to the place of registration in Georgia), and, if individuals living abroad are not on a consular registry of Georgia, ‘staying abroad’ shall be indicated);

f) date of entry in the unified list of voters;

g) photograph (the latest digital photograph available in the electronic database of the Agency);

h) sex.

3. Usually, the data of voters shall be entered in the unified list of voters according to their place of registration. IDPs from the occupied territory of Georgia, if their registration address is in the occupied territory of Georgia according to an identity card of a citizen of Georgia or the Agency database, shall be entered in the unified list of voters according to their actual place of residence.

4. A voter possessing a valid identity card or passport of a citizen of Georgia and who has been removed from registration according to their place of residence or whose registration has been declared invalid by a decision of the Agency shall be entered in the unified list of voters according to his/her last place of residence (address) or actual (temporary) place of residence (address). In the case of the absence of actual (temporary) place of residence (address) in the electronic database of the Agency, the relevant voter shall be obliged to appear at the Agency from the day of calling elections till not later than the 21^st day before the elections, indicate his/her actual (temporary) place of residence (address) and take a photograph in a digital format. In that case, the said voter shall be exempted from paying the relevant service fee for taking a photograph, as established by the legislation of Georgia.

5. A voter who is registered without indicating an address and who has a valid identity card or passport of the citizen of Georgia, as well as a voter who is registered abroad shall be entered in the unified list of voters according to their actual (temporary) place of residence (address) indicated in the electronic database of the Agency. In the case of the absence of actual (temporary) place of residence (address) in the electronic database of the Agency, the relevant voter shall be obliged to appear at the Agency from the day of calling elections till not later than the 21st day before the elections, indicate his/her actual (temporary) place of residence (address) and take a photograph in a digital format. In that case, the said voter shall be exempted from paying the relevant service fee for taking a photograph, as established by the legislation of Georgia.

6. The CEC shall be responsible for the creation of a unified list of voters, its computer processing, and posting on the CEC official website of the information designated as public (first name, last name; photo; date of birth; address according to an identity card of a citizen of Georgia or according to the Agency database, and an address of an actual place of residence for internally displaced persons (IDPs) from the occupied territories of Georgia, for individuals registered without an indication of address, individuals removed from registration according to their place of residence, and for those whose registration has been declared invalid by a decision of the Agency; the date of registration of a voter in the unified list of voters).

7. The unified list of voters shall be drawn up based on the data:

a) held in the Agency database on the persons registered in the respective territories according to their place of residence, on the persons registered abroad, including the data on the persons who will have reached the age of 18 by the election day, also based on the data of deceased persons. The unified list of voters shall not contain the data of persons whose identity documents last issued to them have been cancelled due to falsification or invalidation, or who have not obtained a valid ID card or passport of the citizen of Georgia by the time of the current elections, unless those persons register at the Agency not later than the 13^th day before the election day;

b) communicated by respective municipality bodies about deceased individuals whose relatives have not applied to the Agency for a death certificate, also based on data received about changes to street and house names/numbers;

c) communicated by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and/or its territorial agencies about the IDPs from the occupied territories of Georgia;

d) communicated by the Ministry of Defence of Georgia about military personnel and about the persons with a special state rank, communicated by the Ministry of Internal Affairs of Georgia, the State Security Service of Georgia, the Georgian Intelligence Service, and communicated by the Special State Protection Service about persons with a special rank, and by the state sub-agency institution within the system of the Ministry of Justice of Georgia, the Special Penitentiary Service, about personnel whose service conditions require their presence at an address different from their place of registration, which falls within another electoral district;

e) communicated by the Ministry of Foreign Affairs of Georgia about the voters in a consular registry of Georgia;

f) communicated by the Legal Entity under Public Law subject to state control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia  the Agency for State Care and Support to Victims and Affected Persons of Human Trafficking about persons who, by a decision of a court, have been recognised as the beneficiaries of support and have been placed in a respective inpatient medical facility;

g) communicated by the state sub-agency institution within the system of the Ministry of Justice of Georgia  Special Penitentiary Service about persons who have been imprisoned as a preventive measure, who have been sentenced to deprivation of liberty for less grave or grave crimes, and about persons who have been sentenced to deprivation of liberty for especially grave crimes but who will be released from a penitentiary facility by the election day due to the expiry of the sentence;

h) communicated by the Ministry of Internal Affairs of Georgia about persons who have crossed the state border of Georgia and whose return to Georgia has not been documented. Based on these data, the text ‘Stays abroad’ shall be indicated in the ‘Actual Place of Residence’ box of the unified list of voters. The aforementioned text shall not be the grounds for restricting the right to participate in the voting.

8. In order for the CEC to update a unified list of voters and the electronic database of the list:

a) the agencies referred to in subparagraphs 7(a)-(c) of this article shall submit updated or new data to the CEC on eligible voters four times a year – on 1 February, 1 May, 15 July, and 1 November of each year, while the agencies listed in subparagraphs (f) and (g) of the same paragraph shall submit updated or new data to the CEC on persons having no voting rights within the same time frames;

b) state/autonomous republic and municipality bodies shall, within the scope of their authority, inform the CEC and the Agency within 10 days after making a decision to give a name to geographical objects such as municipalities, settlements, administrative units of a self-governing city, historically formed neighbourhoods, micro-districts, other territorial units, squares, avenues, highways, streets, lanes, cul-de-sacs, passages, embankments, esplanades, boulevards, and alleys.

9. The CEC shall have the right, for the purpose of updating the unified list of voters and the electronic database of the list, as needed, to make a request for and receive, within 3 days after the request, from the institutions referred to in paragraph 7(a)-(c) and (e) of this article the data of persons having suffrage, and from the institutions referred to in paragraph 7(f) and (g) of this article the data of persons without suffrage.

10. A party having the electoral registration, an initiative group of voters registered in accordance with this Law (for the elections of the municipality bodies), an observer organisation as defined in Article 44 of this Law (and in the non-election period, an observer organisation registered during the last general elections), or a voter, shall have the right to familiarise himself/herself/itself with a version of the voters list available at the CEC, DECs or PECs that is designated as public information (an initiative group of voters may familiarise itself only with a version of the list of voters registered within the limits of a respective majoritarian electoral district, which is designated as public information. A voter may only request to familiarise himself/herself with all data available about himself/herself and his/her family members and to amend them), and request, if any inaccuracy is discovered, not later than the 18^th day before the election day, or at any time during a non-election period, that the data of voters and the lists of voters be amended. The access to data and the issuance of copies shall be carried out in accordance with the procedures established by the legislation of Georgia for access to and issuance of public information.

11. A public version of the unified list of voters (with photographs) shall be issued to the persons indicated in paragraph 10 of this article only in an electronic form. To obtain the list, an authorised person shall present to the Agency an electronic storage device with an adequate storage capacity.

12. To comply with the requirements of Article 85(1) and Articles 85² and 85⁴ of the Organic Law of Georgia the Local Self-Government Code, to ensure the participation of citizens (voters) in exercising local self-governance, an executive body of a self-governing city/self-governing community may be forwarded, upon its written request, a version of the list of voters registered within the boundaries of a respective municipality, which is designated as public information (without photographs). The body of the respective self-governing city/self-governing community shall be responsible for the protection and non-disclosure of the unified list of voters containing personal data forwarded by the CEC.

13. During the election period, the Electoral Administration of Georgia shall verify the lists of voters. A DEC shall review the verification results and make respective decisions within two days after receiving an application but not later than the 16^th day before the election day. An ordinance of that DEC about the refusal to amend the data of voters/the lists of voters shall be well-founded and submitted to an applicant on the day following its publication, upon request.

14. For the purposes provided for by paragraph 13 of this article, the Agency/the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and/or its territorial bodies shall immediately provide a DEC with respective information if requested by a DEC.

15. A DEC ordinance on making amendments to the data of voters/the lists of voters shall be submitted to the CEC and respective PEC within two days.

16. A DEC ordinance on the refusal to amend the data of voters/the lists of voters may be appealed to any respective district/city court within two days. If a claim is satisfied by a court, a court decision shall be submitted to a DEC within two days, but not later than the 13^th day before election day. The DEC shall immediately submit appropriate information to the CEC and the respective PEC. Election commissions shall immediately make respective amendments to the data of voters/lists of voters.

17. A PEC shall be provided with a version of the unified list of voters designated as public information and certified by the CEC, as from the 30^th day before the election day; and the final version of the updated lists designated as public information, not later than the second day before the election day; and the final version of the verified lists of voters designated for the CEC, not later than 12 hours prior to voting. The public version of the unified list of voters (without photographs) shall be immediately posted in a conspicuous place within PEC premises.

18. A DEC shall decide, by an ordinance, the issue of the registration of voters who have failed to go through registration within the time frame defined by law, provided that an application and other respective documents (entry in the passport of the citizen of Georgia about crossing the state border, certificate from an inpatient facility, certificate of release from a penitentiary institution) are submitted. The DEC shall consider the application of a voter within two days after its submission, or immediately if less than two days are left before the election day. The voter shall be notified of a negative decision immediately. If such voter applies to the Electoral Administration on polling day to participate in elections, the voter shall be registered by the respective PEC who shall attach photocopies of respective documents to the lists of voters.

19. It shall be prohibited to amend the lists of voters within the last 12 days prior to the election day, except for cases provided for by paragraph 18 of this article, and amendments from the 15^th day to the 12^th day prior to the election day may be made only by a court decision.

20. The CEC shall, within five days after calling elections and thereafter not later than the 5^th day before polling, post the total number of voters in Georgia and in every electoral district in Georgia on its website.

 

Article 35 – Special List of Voters

1. The following persons shall be entered in the special list of voters:

a) the Electoral Administration officers who are unable to vote in the elections on polling day according to their place of registration because of their engagement in the election commissions. Those persons shall be entered into the special list of voters by the respective DEC in a pre-defined electoral precinct not later than the 11^th day before polling day;

b) voters who undergo treatment in a hospital or in any other inpatient facility and who cannot be discharged from hospital on polling day because of their health problems. The head of the relevant medical institution shall draw up a list of those individuals and shall submit it to the respective DEC not later than the 11^th day before the polling day;

c) voters serving a sentence in prison on polling day. The head of the relevant penitentiary institution shall draw up a list of these individuals and shall submit it to the respective DEC not later than the 11^th day before polling day;

d) voters administratively detained on polling day. The head of the relevant institution shall draw up a list of such individuals and shall submit it to the respective DEC not later than the 11^th day before polling day;

e) military personnel and persons with a special state rank of the Ministry of Defence of Georgia, persons with a special rank 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 – Special Penitentiary Service, whose service conditions or health conditions require their presence at an address different from their place of registration, which falls within another electoral district. The list of such personnel and persons shall be compiled by the commanders of the respective military divisions/military units or heads of the respective institutions/divisions and shall be submitted to appropriate DECs:

e.a) during general or extraordinary elections and by-elections, not later than the 25^th day before polling day;

e.b) not later than the 11^th day before polling day, taking into account the results of conscription.

2. A list of service conditions of servicemen provided for by paragraph 1(e) of this article, which require their presence at an address different from their place of registration on election day; the procedure and conditions for compiling a list of such servicemen and submitting it to a relevant DEC; and creating appropriate conditions for their participation in elections, as well as a list of conditions for those particular service conditions and categories of relevant persons who cannot leave their workplace on polling day due to these conditions shall be determined by an ordinance of the Government of Georgia.

3. The head of the relevant institution shall be responsible for the accuracy of data entered in the special list of voters that shall be endorsed by his/her signature.

4. A DEC shall, based on the data of persons specified in paragraph 1 of this article, as well as on its own data, draw up the special lists and approve them by an ordinance not later than the 10^th day before polling day, and shall immediately forward to a respective PEC the versions of the special lists designated for public information signed by the chairperson and the secretary of the aforementioned PEC, and the versions designated for the election commission, not later than 12 hours before polling.

5. If voters are entered in a special list of voters, a respective note shall be made in the unified list of voters of an electoral precinct and shall be endorsed by the signatures of the PEC chairperson and secretary.

6. Voters entered in the special list of voters based on paragraph 1(a) and (c) of this article shall participate in:

a) elections held under both majoritarian election system and proportional election system, if they change their location within the territory of the same local majoritarian electoral district (during elections of the municipal bodies);

b) elections for the Parliament of Georgia and a referendum, if they cast their votes in the territory of another electoral district.

7. A voter entered in the special list of voters based on paragraph 1(e) of this article shall participate in elections held under 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 based on paragraph 1(e) of this article shall cast his/her vote, in order to participate in elections for the Parliament of Georgia, elections for municipal bodies, and in a referendum, according to the place of the deployment of a respective military division/unit at an electoral district (districts) as defined by a respective DEC.

9. A voter entered in the special list of voters based on paragraph 1(e) of this article shall participate in the parliamentary elections of Georgia and a referendum.

10. The employees of the institutions defined in paragraph 1(e) of this article, except for the cases provided for by the same paragraph, shall vote in elections of the Parliament of Georgia, elections of the municipal bodies, and in a referendum according to their place of registration.

11. During elections for a municipality representative body – the Sakrebulo, or during the elections for a Mayor of a self-governing city (including Tbilisi) or a self-governing community, a serviceman provided for by paragraph (1)(e) of this article, that on polling day is deployed:

a) at a given location, permanently, on election day, at least for 6 months before election day and at least for 6 months after election day, or for a longer term, shall participate in the Sakrebulo elections held under both majoritarian and proportional systems and in the Mayoral elections;

b) at a permanent location for a period shorter than provided for by subparagraph (a) of this paragraph, shall participate in the Sakrebulo elections held under the proportional system, however, the servicemen shall participate in the Mayoral elections and in the Sakrebulo elections held under the majoritarian system only if their location is within the borders of the electoral district/local majoritarian electoral district, respectively, in which they are registered according to their place of residence.

12. The special lists of voters shall contain the same data of the voters as are included in the unified list of voters. This shall not apply to voters specified in paragraph (1)(a)-(c) of this article, whose data are entered in the special list of voters without photographs, nor to the voters specified in paragraph 1(e.b) of this article, whose data may be entered in the special list of voters without photographs. The data on dates of starting and finishing work at the place of respective deployment of voters as defined by paragraph 1(e) of this article shall be entered in the special list of voters as well.

13. If a voter is entered in a mobile ballot box list, the special list of voters shall specify ‘mobile box’, the reason for entering the voter in the list and shall be endorsed by the signatures of the PEC chairperson and secretary.

 

Article 36 – Procedure for the participation of wheelchair user voters in elections

1. Wheelchair user voters shall be entitled to participate in the Parliamentary Elections of Georgia at any adapted electoral precinct in the territory of a respective DEC, and to participate in the elections of the municipal bodies at any adapted electoral precinct in the territory of a respective majoritarian electoral district, for which purpose they shall apply to the respective DEC/PEC not later than the 11^th day before polling day. In order for a voter to change the electoral precinct:

a) the DEC secretary/PEC secretary shall register in a registration log book and endorse with his/her signature a written application (the application must include the personal identification number of a citizen of Georgia) or a verbal application received through telephone notification of a voter (in this case, the personal number of a voter, the exact time of the telephone notification and the respective telephone number shall be specified);

b) if a voter applies to the DEC, the respective PEC shall be notified of the inclusion of a voter registered in the list of voters of that electoral precinct in the special list of voters of the adapted electoral precinct. If a voter applies to the PEC, the PEC shall transfer the information on the voter to the respective DEC not later than the 11^th day before polling day;

c) the transfer of a voter to the special list of voters of an adapted electoral precinct within the territory of the same DEC/local majoritarian electoral district shall be indicated in the unified list of voters, and the text – ‘a wheelchair user’ – shall be put in the ‘Actual Status’ box of the unified list of voters and the special list of voters, which shall be endorsed by the signatures of the chairperson and the secretary of the PEC.

2. PEC members, the representatives of electoral subjects and observers shall have the right to verify the validity of the request of wheelchair user voters to vote at an adapted electoral precinct and, to raise before the PEC, not later than the 10^th day before the election day, an issue of the appropriateness of the inclusion of those voters in the respective special list. The decision regarding the aforementioned issue shall be made by the DEC based on the information provided by the PEC, within the time limit set by this article.

3. The DEC shall, based on the data received from the PECs, and of its own data, not later than the 10^th day before polling day, compile and approve by an ordinance the special list of voters of the adapted electoral precincts, and shall immediately transfer to the respective PEC the version of the special list of voters of the adapted electoral precincts designated for public information, which is signed by the chairperson and the secretary of the aforementioned DEC, and the version designated for an election commission, not later than 12 hours before polling.

4. The same data of a voter available in the unified list of voters shall be entered in the special list of voters of an adapted electoral precinct, and the sequence number of the voter in the unified list of voters shall be additionally specified.

5. The version of the special list of voters of an adapted electoral precinct designated for public information (without photographs) transferred by the DEC to the PEC shall be immediately put up in a visible place inside the PEC (polling) building.

 

Article 37 – Mobile ballot box list

1. A mobile ballot box list shall be drawn up based on unified and special lists of voters if:

a) a voter is unable to visit a polling station due to health problems;

b) a voter is in prison;

c) a voter is in administrative detention;

d) a voter is in hospital or in any other inpatient facility for treatment where no electoral precinct will be opened;

e) a voter:

e.a) is a military serviceman serving in a military unit at the state border of Georgia or serving in a border police unit of the sub-agency under the Ministry of Internal Affairs of Georgia that is located far from an electoral precinct;

e.b) is a person referred to in Article 35(1)(e), and during the polling period cannot leave his/her workplace due to service conditions or health conditions;

e.c) serves at the state sub-agency institution within the system of the Ministry of Justice of Georgia – the Special Penitentiary Service and cannot leave his/her workplace due to service conditions;

f) a voter is within the territory of the electoral district but his/her location is difficult to access.

2. If a voter is unable to visit the polling station on polling day, he/she shall apply to the PEC for mobile voting not later than on the 11^th day before polling day. On polling day, a DEC shall transfer information of any voter undergoing treatment at an inpatient facility to the respective PEC not later than on the 11^th day before polling day. A voter shall be entered in the mobile ballot box list after:

a) the PEC secretary registers and endorses with his/her signature a written application (the application shall include a personal number of a citizen of Georgia) or a verbal application received by telephone notification of a voter (in this case, the application shall include the personal number of the voter, the exact time of the telephone notification and the respective telephone number);

b) the transfer of the voter into the mobile ballot box list is specified in the unified list or the special list of voters that shall be endorsed by the signatures of the PEC chairperson and secretary.

3. The information of voters to be entered in the mobile ballot box list shall immediately be posted in a visible place in the building of the polling station. PEC members, the representatives of electoral subjects, and observers shall have the right to verify whether the request for mobile voting is well-substantiated and shall raise a question before the PEC as to whether it is advisable to enter those voters in the mobile ballot box list not later than on the 10^th day before the election day. The PEC shall decide on the above issue.

4. The number of voters defined in paragraph 1(a) of this article shall not exceed 3% of the voters on the unified list of voters per electoral precinct. After reaching the maximum number of voters, the respective DEC shall decide on adding more voters to the mobile ballot box list by a majority of two-thirds of members attending the DEC session.

5. A mobile ballot box list shall contain the same data of voters that are entered in the unified list of voters, except for their photographs, and the sequence number of those voters shall be additionally indicated in the unified or special list of voters.

6. A mobile ballot box list shall be posted, as soon as it is drawn up, in a visible place within PEC premises and polling stations.

 

Article 38 – Publication of the lists of voters

1. The PEC shall put up the lists of voters and the procedure defined by law for filing complaints about the lists of voters, not later than on the day following the day the aforementioned lists were forwarded to the PEC in accordance with the procedure established by this Law, and it shall put up the mobile ballot box list, immediately after it is drawn up, in a visible place at the PEC premises and polling stations. The PEC chairperson shall be liable if that requirement is not met.

2. In the lists referred to in paragraph 1 of this article, based on the verification of data entered in the lists within the time frame defined by this Law, in the cell ‘Actual Status’ alongside the last name of a voter who:

a) is registered with the consular office of Georgia abroad, ‘on a consular registry’ shall be specified;

b) is staying abroad but is not registered with the consular office of Georgia, ‘stays abroad’ shall be specified;

c) is registered abroad, ‘registered abroad’ shall be specified;

d) is doing national conscript military service or contractual military service in the defence forces and military units of Georgia, ‘doing military service’ shall be specified;

e) is entered into the special list of voters, either ‘member of commission’, ‘in hospital’, or ‘imprisoned’ shall be specified;

f) is entered into the mobile ballot box list, ‘mobile ballot box’ shall be specified.

 

Chapter V – Registration of Electoral Subjects and Lists of Supporters

 

Article 39 – Registration of electoral subjects

1. In order to obtain the right to run in elections, the chairperson of the relevant election commission shall register electoral subjects in accordance with the procedure established by this Law.

2. In order to be registered, electoral subjects shall submit an application and relevant documents to the respective election commission in accordance with the procedure established by this Law.

3. The respective office of the election commission shall, within the time frame defined by this Law, examine the submitted documents and present a report to the commission chairperson who is authorised to make a decision on registration. If the submitted documents do not meet the requirements defined by this Law, the election commission chairperson shall, within two days (unless another time frame is provided for by this Law), inform the representative of a party/the initiative group of voters about the decision (specifying the discrepancy) and give them three days (unless another time frame is provided for by this Law) to adjust documents. Within two days after the submission of documents (unless another time frame is provided for by this Law), the rectified documents shall be re-examined and a decision on registration shall be made. In the case of the refusal of registration, the election commission shall immediately communicate its decision to the representative of a party/the initiative group of voters that is entitled to be informed of the decision immediately upon request.

 

Article 40 – Initiative group of voters

1. An initiative group of voters shall consist of at least five members.

2. A citizen of Georgia from the age of 18 years may be a member of an initiative group of voters. A member of an initiative group of voters may not at the same time be a member of another initiative group of voters, and/or an electoral subject/a candidate for electoral subject.

3. An initiative group of voters shall be entitled to nominate only one candidate.

4. Any violation of the requirements defined by paragraphs (1)-(3) of this Article by an initiative group of voters shall be the basis for identifying a deficiency in accordance with the procedure established by Article 39 of this Law.

 

Article 41 – Lists of supporters

1. Voters shall endorse the initiative of an electoral subject to run in an election by signing the form of the list of supporters.

2. The CEC shall approve, by an ordinance, a sample of the form of the list of supporters.

3. The form of the list of supporters shall include a voter’s:

a) first and last name;

b) date of birth (day, month, year);

c) personal number of a citizen of Georgia;

d) date of signature;

e) signature.

4. The form of the list of supporters shall contain the first name and last name, and personal number and contact telephone number of the person responsible for collecting signatures, as well as the date of completing the form. The person responsible for collecting signatures shall endorse the form by his/her signature.

5. The upper left corner of the form of the list of supporters shall specify the name (first and last name) of an electoral subject whose initiative to run in elections is supported by voters.

 

Article 42 – Verification of the lists of supporters

1. The lists of party supporters shall be verified by the CEC, while the lists of supporters of other candidates shall be verified by a respective DEC.

2. The election commission shall verify the signatures one after another on the forms of the lists of supporters. If the number of signatures of supporters is less than the minimum amount required or if the number of signatures of supporters, taking into account the signatures invalidated as a result of verification, is less than the minimum amount required, the invalidated part of the list of supporters shall be returned to the respective electoral subject and it shall be given three days to rectify discrepancies. The election commission shall, as defined above, verify once again the rectified part of the lists of supporters submitted by the electoral subject. If the number of signatures of supporters is still less than the minimum amount required, the election commission shall completely invalidate the list of supporters and shall, by an ordinance of the commission chairperson, refuse to register the electoral subject.

3. The signature of a voter in the list of supporters shall be considered invalid if:

a) the first and last name is not specified or is incompletely specified;

b) the date of birth (day, month, year) is not specified or is incompletely specified;

c) the date of signature is not specified or does not comply with the deadline defined by this Law for drawing up the list of supporters;

d) the signature is missing or belongs to another person and this is confirmed in writing by the voter in whose stead the list was signed;

e) a voter listed as a supporter of a candidate nominated in an electoral district is registered in another electoral district;

f) a signatory, by an application submitted to the respective election commission, confirms that the list was signed by deception, intimidation, or under pressure, and the signature on the application was notarised;

g) the personal number of a citizen of Georgia is specified incompletely or inaccurately.

4. A signature shall be considered invalid if it is made on a form not endorsed by the person in charge of collecting signatures or if such a form does not include data or includes incomplete data as referred to in Article 41(4) of this Law.

5. The person responsible for collecting signatures shall be personally responsible for the authenticity of the data/information on the relevant form, his/her signature and the signature of the supporting person. In the case of violation of this requirement, he/she shall personally bear responsibility as provided for by law.

6. The deadline for verifying the list of supporters of a party shall be 10 days after its submission, while the deadline for verifying the list of supporters of a candidate shall be three days after its submission.

7. The representatives of electoral subjects may attend the process of the verification of the list of supporters.

8. Only the CEC members, respective DEC members, and appropriate officers of the CEC, as well as the court, if appealed to court, may have access to the lists of supporters. The lists of supporters shall be destroyed within 10 days after the expiration of the time frame for bringing a lawsuit to the court regarding electoral registration.

 

Article 43 – Determination of a sequence number for an electoral subject

1. A sequence number for an electoral subject shall be determined in accordance with the procedure established by this article that shall be not later than the 30^th day before the election day for initiative groups of voters, and not later than the 55^th day before the election day for the parties provided for by this article. In order to determine the sequence number for an electoral subject, appropriate procedures shall be performed at the premises of a respective election commission in the presence of persons authorised to attend the sessions of the election commission.

2. The political associations that have received the most funding in the previous parliamentary elections shall have the right to choose a sequence number first. The representative of a political association shall submit an application to the CEC not later than 17 July of a general election year. The political associations having the best funding according to the results of previous parliamentary elections shall sequentially have the right to choose the sequence number. They shall have the right to keep the sequence number assigned during the previous parliamentary elections in accordance with paragraph 3 of this article, or the number corresponding to the sequence of funding, or to choose any unassigned sequence number, except when the sequence number that was assigned during the previous parliamentary elections has already been assigned to a political association with better funding.

3. An electoral subject/a candidate for electoral subject that has received 0.75% or more than 0.75% of votes in the last general elections held under the proportional system shall have the right to apply to a respective election commission not later than 17 July of a general election year, and request to participate in the elections with a sequence number that was assigned to it during the last general elections, except when the sequence number that was assigned to it during the last general elections has already been assigned to a political association (a party) provided for by paragraph 2 of this article.

4. An electoral subject/a candidate for electoral subject, which fails to apply to a respective commission to use a sequence number assigned to it in accordance with the procedure established by paragraphs 2 and 3 of this article, and a party provided for by Article 149(1) of this Law, which fails to meet the requirements of paragraphs 2 and 3 of this article, shall be assigned a sequence number by casting lots, not later than the 55^th day before election day.

5. In order to cast lots, the commission chairperson shall write numbers corresponding to the quantity of parties independently running in the elections on sheets of paper of the same form and type, and with the same pen. Natural numbers (1, 2, 3, etc.) shall be used for sequence numbers. If the sequence number of an electoral subject with the right to choose a sequence number is higher than the quantity of the electoral subjects and the electoral subject retains the number, the number of this electoral subject shall be written down instead of the highest sequence number. Each sheet of paper shall be certified by the seal of the election commission. After the sheets of paper are certified, the sequence numbers chosen in accordance with the procedure established by this article shall be set aside. All remaining sheets of paper shall be folded in such a way as to make it impossible to read the numbers written on them. The CEC Chairperson shall place the filled out sheets of paper in a transparent box, and the representatives of parties shall, one by one, take the sheets of paper out of the box according to the sequence of electoral registration they have gone through. The number identified by casting lots shall become the sequence number for an electoral subject.

6. A candidate for Mayor/majoritarian candidate nominated by a party shall have the same sequence number that is assigned to the party which has nominated him/her.

7. A respective DEC shall assign a sequence number to a candidate nominated by an initiative group of voters, by casting lots. In order to cast lots, the DEC chairperson shall write, on the sheets of paper, the number which corresponds to the quantity of majoritarian candidates/candidates for Mayor nominated by the initiative group of voters in the electoral district, of the same form and type and with the same pen; the numbers shall start from the number following the highest sequence number assigned to parties running in elections. Each sheet of paper shall be certified by the seal of the DEC concerned. Each sheet of paper shall be folded in such a way as to make it impossible to read numbers written on them. The respective DEC chairperson shall place the filled out sheets of paper in a transparent box, and the representatives of the initiative group of voters shall, one by one, take the sheets of paper out of the box. The number identified by casting lots shall become the number of an electoral subject.

8. If a party which was assigned a sequence number in accordance with the procedure established by this Law and was refused the electoral registration, and/or if its electoral registration was cancelled, the remaining electoral subjects shall keep their assigned sequence numbers.

9. During by-elections/extraordinary elections of the executive municipality body – Mayor, an electoral subject shall retain the sequence number it was assigned during respective general elections. If an electoral subject has no sequence number for by-elections/extraordinary elections of the executive municipality body – Mayor, it shall be assigned a sequence number by casting lots, in accordance with the procedure established by this article.

10. The registered party lists, and the data of a registered candidate for Mayor/majoritarian candidate, which are entered in a ballot paper, shall be published by the CEC on its official website not later than the 25^th day before polling day.

 

Chapter VI – Election Monitoring and Media

 

Article 44 – Domestic and international observers

1. Domestic and international observer organisations shall have the right to observe elections provided that they meet the terms and conditions defined by this Law and have been registered with the CEC or the relevant DEC.

2. A domestic observer organisation may be a local non-entrepreneurial (non-commercial) legal entity registered in accordance with the legislation of Georgia not later than one year before polling day, the statute or another constituent document of which provides for, at the time of registration, monitoring elections and/or protecting human rights. A domestic observer organisation shall be registered with the CEC or the respective DEC for the purpose of observing elections, except for a local non-entrepreneurial (non-commercial) legal entity the head officer of which, and/or a member of a directing body of which, provided for by the statute/other founding document, is simultaneously a person authorised to be the leader/the representative of any political party or a member of a directing body provided for by the statute and/or has been a donor of any political party for the previous 4 years.

3. A domestic observer organisation shall observe elections through its representative, a domestic observer. One organisation shall be authorised to have not more than 1 observer at each electoral precinct at the same time.

4. Domestic observers of a domestic observer organisation may be any citizen of Georgia above the age of 18, except for the persons provided for by Article 49(1) and (2) of this Law.

5. An international observer organisation may be a representative of another country, an organisation registered in another country or an international organisation, a constituent document/statute of which provides for the monitoring of the elections and/or protection of human rights and the activity of which is based on the following internationally recognised principles:

a) respect for the legislation and sovereignty of Georgia, and international human rights and norms;

b) non-interference in the election process;

c) political impartiality;

d) financial independence from the participants of the election process and transparency of funding sources;

e) observance of provisions recognised by the Declaration of Principles for International Election Observation.

6. An international observer organisation shall be registered with the CEC in order to monitor elections. In addition, the CEC shall be authorised to request additional information when registering an organisation in order to determine the compliance of the activities of the organisation with the principles referred to in paragraph 5 of this article. An international observer organisation shall observe elections through its representatives or international observers. One organisation may have not more than 2 international observers at the same time at each electoral precinct.

7. A foreign national from the age of 18 may be an international observer as defined by paragraph 6 of this article. International observers may be accompanied by an interpreter who will be registered with the CEC together with the international observers.

Law of Georgia No 1427 of 31 March 2026 – website, 3.4.2026

 

Article 45 – Registration of observer organisations

1. The CEC shall register an international observer organisation as well as a domestic observer organisation observing elections in more than one electoral district.

2. The respective DEC shall register a domestic observer organisation observing elections in a particular electoral district.

3. In order to be registered, a domestic election observer organisation shall apply to the relevant election commission not later than the 10^th day before the election day and shall submit the extract from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities. The application shall include the name of the electoral district/districts where that organisation will observe elections. The election commission shall make a decision on registration within five days after the receipt of the application. In case of an application on the last day of registration, an application for the appointment of observers and a list of observers shall be submitted to the secretary of the relevant election commission, as provided for by paragraph 8 of this article.

4. The extract specified in paragraph 3 of this article, which is prepared by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia called the National Agency of Public Registry, shall be issued within the last 10 days before the application is submitted to the election commission. That extract shall include the person/persons having the power of administration/representation of the organisation.

5. In order to get registered, an international observer organisation shall have to apply to the CEC not later than the 7^th day before polling day and submit a copy of its constituent document to the CEC. If an observer (a group of observers) represents a foreign state authority, it shall only submit an application. The CEC shall, within 5 days after the application is received but not later than the 4^th day before polling day, decide on the issue of registration of the organisation, or the observer (the group of observers) defined by this paragraph.

6. The election commission shall have no right to refuse to register an observer organisation if it meets the requirements of this Law. An ordinance of the election commission for the refusal of registration shall be well-founded and shall be delivered to the organisation not later than the day following the day of the decision. An ordinance of the election commission may be appealed to the court within two days after its receipt. The court shall render a decision within two days after the application is filed with the court.

7. An international observer organisation registered by the CEC shall have to submit information about an observer/interpreter (if any) and a photocopy of his/her identity document to the CEC Secretary not later than the 2^nd day before polling day. The CEC shall determine, by an ordinance, the content and the form of that information.

8. A domestic observer organisation registered by the CEC shall, not later than the 5^th day before polling day, submit to the CEC Secretary an application on the registration of observers, filled out in accordance with the form established by the CEC. The application shall state that the observers on the list submitted by the organisation satisfy the requirements established by Article 49(1) and (2) of this law, and the list of observers appointed at the CEC, and DECs and PECs (with an indication of surnames, names, addresses (according to identity cards of citizens of Georgia or the database of the Agency) and personal numbers of citizens of Georgia) and photocopies of identity cards of citizens of Georgia or passports of citizens of Georgia of each of them. A domestic observer organisation registered by the DEC shall submit a list of observers appointed to a DEC and/or its lower PEC to the DEC secretary within the same time frame and in accordance with the same form.

9. If a person authorised to be the head/representative of a registered local observer organisation is registered as an electoral subject and/or a representative of an electoral subject, the local observer organisation shall, not later than 5 calendar days after the registration, submit to a respective election commission a document to prove that the powers of the person authorised to be the head/representative of the local observer organisation, who has been registered as the electoral subject/representative of the subject, has been or will be terminated. Failure to submit such a document shall be grounds for cancelling the registration of the organisation.

10. If an observer organisation fails to submit information about observers/an application on the registration of observers within the period provided for by paragraph 7 or 8 of this article, the registration of the observer organisation concerned shall be considered revoked from the day following the expiry of the said period.

11. A domestic observer registered with the CEC may observe elections at all election commissions of any level in accordance with the procedure established by Article 44(3) of this Law.

12. The election commission secretary shall, not later than the 2^nd day after the list of observers/interpreters (if any) is submitted, register the observer/interpreter nominated in accordance with the requirements of this Law and shall provide the observer organisation with an observer/interpreter certificate which at the same time is a badge to be worn by the observer/interpreter.

13. An observer of a domestic observer organisation at a DEC and an observer observing elections at an electoral precinct within the territory of the electoral district shall, on polling day, have the right to observe elections at any electoral precinct in the territory of the relevant electoral district in accordance with the procedure established by Article 44(3) of this Law.

14. If an observer organisation applies to the relevant commission with an application for cancellation of the registration of a registered observer organisation/appointed observers, the registration of the relevant observer organisation/observers shall be considered cancelled from the day following the submission of the said application.

Law of Georgia No 1427 of 31 March 2026 – website, 3.4.2026

 

Article 46 – Rights of observers

1. An observer shall have the right to:

a) attend and observe the sessions of election commissions;

b) be present at the polling station at any time during polling day, move without restrictions within the precinct territory and observe all stages of the polling process from any point in the precinct in a free and unhindered manner;

c) replace another registered representative (if any) of the nominating organisation at any time on polling day;

d) take part in the inspection of ballot boxes before they are sealed and after they are opened;

e) observe the registration of voters in the lists of voters, the issuance of ballot papers and special envelopes and the certification thereof, without disrupting the polling process;

f) observe the process of the registration of complaints on polling day;

g) attend the procedures for counting votes and summarising results;

h) observe the process of mobile voting;

i) observe the vote counting under such conditions in which ballot papers may be visible;

j) observe the process of compiling summary protocols of election results and other documents by the election commission;

k) address the DEC chairperson with an application (complaint) regarding issues related to the procedures for voting and polling, whereby the applicant requests a response to identified cases of specific violations;

l) request a voter to show how many ballot papers and special envelopes he/she has in hand;

m) appeal the actions of an election commission in accordance with the procedure established by the legislation of Georgia;

n) observe the ballot box, the placing of special envelopes into the ballot box, the opening of ballot boxes, the counting of ballot papers, and the drawing up of protocols;

o) review the summary protocols of polling and election results drawn up by election commissions, request and receive copies of such protocols from the relevant election commission.

2. An observer shall not:

a) interfere with the duties and activities of an election commission;

b) influence the free expression of the will of voters;

c) agitate in favour of or against an electoral subject;

d) wear symbols or signs of any electoral subject;

e) be without a badge in the polling station on polling day;

f) violate other requirements of this Law.

3. The procedures established by the electoral, administrative, and/or criminal legislation of Georgia shall define liability for the violation of rights granted to local/international observers, electoral subjects, and media representatives by this Law or liability for the interference with their activity.

4. The violation of the requirements of paragraph 2(a)-(d) of this article by an observer, electoral subject, or media representative shall give rise to liability in accordance with the procedure established by the electoral legislation of Georgia.

5. An election commission shall provide all conditions for an observer to exercise his/her powers regarding all procedures within the election commission, including during the process of counting ballot papers and summarising results.

 

Article 47 – Representative of an electoral subject and his/her powers

1. A representative of an electoral subject (of a party running in elections, of an initiative group of voters) shall represent the electoral subject only in the relationship with an election commission with which it has been 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 to each election commission. During elections of municipality bodies, an initiative group of voters shall have the right to appoint two representatives to respective district and precinct election commissions. Representatives appointed to the CEC and a DEC may not at the same time be appointed to another election commission.

3. A representative of an electoral subject may be a legally competent citizen of Georgia from the age of 18, except for the persons provided for by Article 49(3) of this Law.

4. An electoral subject as referred to in paragraph 2 of this article shall apply to the CEC Chairperson for appointment of a representative to the CEC. If the appropriate information is submitted in full, the CEC Chairperson shall register the representative of the electoral subject, by an ordinance, within 24 hours and issue the certificate of a representative. The certificate shall at the same time be a badge to be worn by the representative.

5. An electoral subject as defined in paragraph 2 of this article shall apply to the CEC secretary to appoint a representative to a DEC, and to the secretary of a respective superior election commission to appoint a representative to a PEC. If the appropriate information is submitted in full, the secretary of the respective election commission shall, within 24 hours, register, by an ordinance, the representative of the electoral subject and shall issue the certificate of a representative, which at the same time shall also be a badge.

6. An application to appoint representatives of an initiative group of voters to the respective election commissions shall be submitted to the secretary of the election commission the chairperson of which has registered the initiative group of voters.

7. An application for the appointment of a representative of an electoral subject shall be signed by the head of a political party or a person authorised by him/her, or a representative of an initiative group of voters to a higher election commission. The application shall include the last name, the first name, the address (according to an identity card of a citizen of Georgia or the database of the Agency), and the contact telephone number of the representative of an electoral subject. A photocopy of the identity card of a citizen of Georgia or of the passport of a citizen of Georgia of the representative of an electoral subject shall be attached to the said application.

8. Only 1 representative of the electoral subject shall have the right to attend the sessions of the respective election commission, request to give a speech and express his/her opinion, make decisions on various issues, and enjoy other rights granted by this Law. On polling day, the representative shall enjoy unlimited rights as provided for by Article 46(1) and Article 73(3) of this Law.

9. An electoral subject shall have not more than one representative at the same time at an electoral precinct on polling day.

10. An electoral subject may, at any time, appoint/withdraw and/or replace its representative not later than the 10^th day before polling day. The electoral subject shall notify the respective election commission thereof.

 

Article 48 – Representatives of the press and other media

1. The representatives of press and other media accredited to the respective election commission shall have the right to attend the sessions of the election commission and be present at the polling stations on polling day during the election period.

2. The CEC Secretary or the secretaries of respective DECs shall provide the accreditation of the representatives of press and other media operating in the territory of several electoral districts, while the secretary of the respective DEC shall provide the accreditation of media representatives operating in the territory of only one electoral district.

3. An application for the accreditation of the representatives of press and other mass media shall be submitted to the respective election commission not later than the 10^th day before polling day. Photocopies of the identity cards or the passports of the representatives shall be attached to the application. If an organisation submits an application, it shall be accompanied by an extract from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities, which is issued by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry within the last 10 days before the application is submitted to the election commission. The extract shall include a person/persons having the power of administration/representation of the organisation. Foreign press and other mass media, Public Broadcasters, and the Public Broadcaster Television and Radio of Ajara shall not need the extract for accreditation specified in this paragraph.

4. The secretary of the respective election commission shall decide, within two days after filing an application, on the accreditation of the representatives of press and other media and shall issue respective certificates to the accredited representatives within one day after the decision. In the case of the refusal of accreditation, the secretary shall issue a respective ordinance (the refusal of accreditation shall be duly justified in the ordinance) within the same time frame.

5. If a person authorised to be the head/representative of an accredited press or another mass media is registered as an electoral subject and/or the representative of an electoral subject, the press/another mass media shall, not later than 5 calendar days after the registration, submit to a respective election commission a document to prove that the powers of the person authorised to be the head/representative of the press/another mass media, who has been registered as the electoral subject/representative of the subject, has been or will be terminated. The failure to submit such a document shall be grounds for cancelling the accreditation of the respective press/other mass medium.

6. One organisation of the press and other mass media may have not more than 2 representatives at the same time at an electoral precinct on polling day.

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 Article 49(1).

 

Article 49 – Requirements established for a domestic observer of a domestic observer organisation, a representative of the press or other mass media and a representative of an electoral subject

1. A domestic observer of a domestic observer organisation/representative of the press and other mass media shall not at the same time be:

a) a public 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) a municipality Mayor, or a deputy municipality Mayor;

d) a judge;

e) an employee of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the General Inspection of the Ministry of Justice of Georgia, the state sub-agency institution within the Ministry of Justice of Georgia – the Special Penitentiary Service, the State Security Service of Georgia, or the Special State Protection Service;

f) an official of the prosecutor’s office of Georgia;

g) a person who was/has been a candidate for an electoral subject, an electoral subject and/or its representative since the day of calling elections;

h) a member of an election commission;

i) an observer of another observer organisation/representative of other press and mass media (in the case of a domestic observer of a domestic observer organisation);

j) a representative of the press or other mass media/the head officer of an observer organisation, or an observer (in case of a representative of the press or other mass media);

k) a person who was/has been the leader of a political party since the day of calling elections;

l) a person who has been dismissed from post at the Electoral Administration of Georgia by the election commission or a court for violating the electoral legislation of Georgia, within 4 years after the date of his/her dismissal;

m) a person who has been recognised as an administrative offender by a court for a violation of the electoral legislation of Georgia, for 4 years after the entry into legal force of the court decision.

2. A domestic observer of a domestic observer organisation also shall not be:

a) a person who, after the calling of any of the previous two general elections conducted or the previous two by-elections conducted, has been a member of an election commission appointed by a party, an electoral subject or a representative of an electoral subject;

b) a person who has been a donor of any party from the beginning of the year the previous general elections were conducted or from the beginning of the year the previous by-elections were conducted.

3. A representative of an electoral subject shall not be:

a) a person who was/has been an electoral subject or a candidate for an electoral subject since the day of calling elections;

b) a representative of another electoral subject;

c) a member of an election commission;

d) a domestic observer, an international observer;

e) a representatives of the press or other media;

f) the head of an observer organisation;

g) a person who has been dismissed from post at the Electoral Administration of Georgia by the election commission or a court for violating the electoral legislation of Georgia, within 4 years after the date of his/her dismissal;

h) a person who has been recognised as an administrative offender by a court for a violation of the electoral legislation of Georgia, for 4 years after the entry into legal force of the court decision.

4. In the case of registration as a candidate for membership in the Parliament of Georgia/membership of the representative body of a municipality – the Sakrebulo/Mayor, the registration of a person as a representative of an election subject, an observer of an observer organisation, a representative of the press or other mass media (if any) shall be revoked.

 

Chapter VII – Pre-Election Campaign (canvassing)

 

Article 50 – Pre-election campaign (canvassing)

1. The pre-election campaign (canvassing) shall begin 60 days before polling day. Political parties and candidates for electoral subjects shall enjoy equal rights and have equal obligations in accordance with the procedure established by this Law.

2. During the election campaign (canvassing) period a political party, a candidate for electoral subject or an electoral subject may produce pre-election slogans, statements, inscriptions, papers, photographic materials, etc. It shall be prohibited to prevent their dissemination and seizure, as well as to seize vehicles and other means equipped with special devices used for campaigning purposes, or to prevent their application for election campaigning purposes.

3. Parties, candidates for electoral subjects, electoral subjects, and their supporters may present a program for further activity. The election program shall not contain propaganda for war or violence, appeal for the change or overthrow of an existing state or social order by violence, for violation of the territorial integrity of Georgia, for national strife and enmity, or for religious or ethnic confrontation. Violation by the persons defined by this paragraph of the rules referred to in this paragraph shall be a violation of the rules for conducting a pre-election campaign (canvassing) as provided for by this Law.

4. Any individual may conduct and participate in pre-election campaigning, except for:

a) an election commission member;

b) a judge;

c) a public officer of the Prosecutor’s Office of Georgia, the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the General Inspection of the Ministry of Justice of Georgia, the State Security Service of Georgia, or the Special State Protection Service of Georgia;

d) the Auditor General;

e) the Public Defender of Georgia;

f) an alien or a foreign organisation;

g) charitable and religious organisations;

h) a public servant, during normal business hours and/or when he/she directly exercises his/her official powers;

i) members of the Georgian National Communications Commission (GNCC) and the Georgian National Energy and Water Supply Regulatory Commission (GNEWSRC);

j) an employee of a legal entity under public law (except for higher and vocational educational institutions, art institutions, religious organisations and the Georgian Bar Association), an employee of a non-profit (non-commercial) legal entity established by the State or a municipality, a director, a caregiver-pedagogue, a caregiver, or a teacher of a pre-school educational institution or a general educational institution established by the State or a municipality, or another person employed therein, during business hours, or when he/she directly exercises official powers;

k) the head officer of an observer organisation or an observer.

5. It is prohibited to conduct election campaigning (canvassing) in the premises of the following institutions:

a) the executive agencies of Georgia;

b) the courts;

c) military units.

6. During a pre-election campaign, municipality bodies may support political parties/electoral subjects in organising and holding meetings and gatherings with voters, public debates and discussions, assemblies and manifestations, and in ensuring the safety of such events.7. It shall be prohibited to carry on election campaigning at any event/presentation funded from the State Budget of Georgia/the budget of a municipality. Such action will be regarded as the use of administrative resources.

8. In order to conduct mass electoral events, the premises administered by state authorities or municipality bodies shall be available free of charge for election commissions.

9. Municipality bodies shall draw up, within five days after the commencement of an election campaign, a list of premises where election campaigning (canvassing) may be conducted and shall submit it to the DEC. The DEC shall make public the list of premises allocated by municipality bodies within two days after the receipt thereof, shall ensure the equal availability of premises for all political parties and electoral subjects, and shall draw up a schedule, in agreement with political parties and electoral subjects, for electoral events (if the events of different electoral subjects coincide and electoral subjects fail to come to an agreement, the sequence of events shall be determined by casting lots). The list of premises allocated by municipality bodies shall also be posted on the CEC official website.

10. A DEC shall give a well-grounded written response to any respective application filed by an electoral subject for the use of premises within 24 hours from filing the application. Any failure to give a response within the above time frame shall be regarded as a consent to the application.

11. It shall be prohibited to conduct election campaigning at the polling station on polling day.

12. Canvassing material shall not be placed at a distance of 25 meters from the entrance of the polling station. The material shall be subject to removal/dismantling/taking off. The movement of a voter shall not be physically obstructed on polling day in a polling station or within a distance of 100 meters from a polling station. People may not gather or voters may not be counted on polling day within a distance of 100 meters from a polling station.

13. Paragraph 12 of this article shall not apply to activities related to exit polls.

 

Article 51 – Campaign materials

1. Campaign materials may be displayed on buildings and premises and other facilities with the consent of their owners or possessors.

2. It shall be prohibited to place/post campaign materials in places of worship, buildings or structures of cultural heritage, in the interior and exterior of buildings of state and municipality bodies, courts, the Prosecutor’s Office, military units, police divisions, the State Security Service of Georgia, units of the Intelligence Agency and the Special State Protection Service, state sub-agency institutions under the governance of the State Security Service of Georgia, and on traffic signs.

3. Bookmaking regarding any election-related issue shall be prohibited.

4. Municipality bodies shall determine a list of premises, taking into account paragraph 2 of this article, where campaign materials are prohibited from being placed, and shall determine places and/or install stands for posting and displaying campaign materials. Stands shall be of such a size that all electoral subjects are provided with equal conditions for the display of campaign materials.

5. Municipality bodies shall publish the information about places and/or installed stands designated for posting and displaying campaign materials in accordance with this article not later than 10 days before calling elections.

6. Printed campaign materials shall specify the names and addresses of organisations that manufactured and ordered them, as well as information of circulation, sequence number, and the date of issue. It shall be prohibited to disseminate printed campaign materials without indicating the above information. An electoral subject shall be required to indicate the sequence number on printed campaign materials only after having been assigned that number.

7. The copies of printed campaign materials shall be submitted to the election commission, where an electoral subject was registered for elections, not later than the 5^th day after the day of issuing the campaign materials referred to in paragraph 6 of this article.

8. Removal, tearing off, covering, or damaging campaign materials, unless they are located in a forbidden place, shall be prohibited and punishable by this Law.

9. The relevant electoral subject shall, within 15 days after the official publication of the final results of elections, ensure the removal of campaign materials. Otherwise, the electoral subject shall be held liable under the legislation of Georgia.

 

 Article 52 – Bribing voters

1. From the moment of the publication of the respective legal act calling elections until and including polling day, and where it is necessary to hold a second round of elections, from the moment of the publication of the respective legal act calling elections until and including polling day of the second round of elections, it shall be prohibited:

a) for electoral subjects, candidates for electoral subjects, and their representatives, to give funds, gifts, and other material possessions (irrespective of their value) to citizens of Georgia, personally or through other persons; to sell goods to electoral subjects, candidates for electoral subjects, and their representatives at a preferential price; to distribute or disseminate goods free of charge (except for campaign materials defined by this Law) among electoral subjects, candidates for electoral subjects, and their representatives; and to motivate Georgian citizens by promising to give them funds, securities, and other material possessions (irrespective of their value);

b) for natural and legal persons to perform such work or to provide such services through utilizing personal funds and/or electoral subject funds (except for the performance of work or the provision of services obtained under the procedure established by the Law of Georgia on Public Procurement) that fall within the competence of the state authorities and/or municipality bodies of Georgia under the legislation of Georgia.

2. The registration of an electoral subject that, personally or through any representative or any other individual or legal entity acting on his/her behalf, has carried out prohibited activities provided for by this article shall be revoked by a court decision if those facts are confirmed.

 

Article 53 – Prohibition of the use of administrative resources during canvassing and election campaigning

1. Any person having the right to participate in canvassing in accordance with Article 50(4) of this Law shall be prohibited from using administrative resources in the course of the election campaign in support of or against any political party, candidate for electoral subject, or electoral subject; inter alia, it shall be prohibited:

a) to use premises occupied by state authorities and municipality bodies, or by organisations funded from the State Budget of Georgia, where other political parties, candidates for electoral subjects, or electoral subjects are unable to use the same or similar premises under the same conditions;

b) to use means of communication, information services, and other types of equipment designated for state authorities and municipality bodies, or for organisations funded from the State Budget of Georgia (except for political parties);

c) to use means of transportation owned by state authorities or municipality bodies;

d) for public servants, employees of legal entities under public law, employees of non-profit (non-commercial) legal entities established by the State or a municipality, directors, caregiver-pedagogues, caregivers, and teachers of pre-school educational institutions and general educational institutions established by the State or a municipality, or other persons employed there to associate on the account of official matters.

2. The restrictions provided for by paragraph 1(c) of this article shall not apply to the use of service vehicles by public political officials that are protected by the Special State Security Service in accordance with the procedure established by law.

 

Article 54 – Interagency commission under the auspices of the Ministry of Justice of Georgia

1. In order to ensure that public officers prevent and respond to violations of the electoral legislation of Georgia, an interagency commission shall be set up under the auspices of the Ministry of Justice of Georgia.

2. In the case of regular general elections, an interagency commission shall be set up not later than the 1 July of the election year, and in the case of extraordinary elections or re-run elections of the Parliament of Georgia, an interagency commission shall be set up within three days after calling the elections.

3. An interagency commission shall cease its activities as from the day when the CEC officially publishes final results of elections.

4. The composition of an interagency commission shall be determined by an order of the Minister of Justice of Georgia, while the rules of operation of the interagency commission shall be determined by its statute as approved by the Minister of Justice of Georgia. The interagency commission shall be convened by the commission chairperson when necessary, but at least once in two weeks, and after the registration period for electoral subjects expires, at least once a week.

5. Political parties receiving funding from the State Budget of Georgia shall participate with a deliberative vote in the activities of the interagency commission, as well as other political associations, which provide the interagency commission with information on violations of the election legislation of Georgia by public servants at the session at which the relevant issue is reviewed.

6. An interagency commission shall consider issues related to information disseminated through the media about the violation of electoral legislation by public officers, as well as information about violations reported to the interagency commission by political associations (electoral subjects), or observer organisations.

7. In order to ensure that the activities of the interagency commission are made public, representatives of domestic and international observer organisations may be invited to commission sessions.

8. If the fact of a violation of the electoral legislation of Georgia by a public officer is confirmed, the commission shall have the right to recommend to any public officer, administrative body, or the CEC to take respective measures within a reasonable time.

 

Article 55 – Prohibition of the use of budgetary funds, office, or official position

1. A person having the right to participate in canvassing, who holds an office within the state authorities or local government bodies, shall be prohibited from using his/her official status or capacity in the course of canvassing and election campaigning in support of or against any political party, candidate for electoral subject, or electoral subject. For the purposes of this article, the above-stated shall include:

a) involving any career subordinate or otherwise dependent person in an activity that may support the presentation and/or election of a candidate;

b) collecting signatures and conducting canvassing during business trips funded by state authorities or municipality bodies;

c) conducting canvassing during working hours and/or in the course of performing official duties.

2. The restriction provided for by paragraph 1(c) of this article shall not apply to public political officials determined by this Law, as well as to the cases where TV and radio broadcasters use air-time allotted for election campaigning.

3. From the 60^th day before and including election day, it shall be prohibited to implement such projects/programs that have not been previously included in the State Budget of Georgia, the republic budget of any Autonomous Republic of Georgia, or the budget of any municipality, except when the projects/programs are funded within the allocations provided for by the respective program code of the respective budget and/or by the funds from such allocations, as well as by the funds allocated by donors at least 60 days before election day. If the procedures established by this paragraph are violated, an authorised person may apply to the court to suspend expenses.

4. A state authority or a municipal body shall be prohibited from posting an advertising video on the broadcaster from the 60^th day before and including the election day, which contains information about the work done or planned by the relevant agency.

5. From the 60^th day before and including the election day, it shall be prohibited to increase the amount of welfare benefits (pensions, social assistance, allowances, etc.), except for benefits the increase of which was provided for by the legislation of Georgia at least 60 days before the election day. It shall also be prohibited to fund the welfare benefits (pensions, social assistance, allowances, etc.) that were not provided for by the legislation of Georgia at least 60 days before the election day. If the procedure established by this paragraph is violated, an authorised person may apply to the court to suspend expenses.

6. Paragraphs 3 and 5 of this article shall not apply to the financing the setting up of polling places by state and/or municipal bodies in accordance with this Law nor to financing measures for remedying the consequences of natural disasters or other force majeure circumstances.

7. During by-elections, paragraphs 3-6 of this article shall apply only to electoral precincts where by-elections are held.

8. In the course of canvassing, it shall be prohibited to produce, by funds from the State Budget/municipality budget of Georgia, campaign materials, video or audio materials, or to create a website or any part thereof where any electoral subject/political party or its sequence number assigned during elections is displayed and/or which comprises materials in support of/against any electoral subject/political party. During the same period, it is prohibited to use an electoral subject/party or its sequence number in social advertising produced using funds from the State Budget of Georgia/municipal budget.

9. From the expiration of the registration term for electoral subjects until the end of polling day, it shall be prohibited to reshuffle head officers of any municipality body, police, and the Prosecutor’s Office, except when the term of their office has expired and/or they violate the law.

 

Article 56 – General regulations for election campaigning media coverage

1. A broadcast licence holder, an authorised over-the-air broadcaster, and the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster shall, within 5 calendar days from the 60^th day before polling day, for the purpose of publishing on the website of the CEC and the GNCC, submit information on airtime tariffs for the paid pre-election advertising campaign. Such tariffs shall be effective from the 50^th day before polling day. The relevant tariff may be changed once, not later than the 35^th calendar day before polling day, except for cases provided for by this Law. In the case of a change of a tariff, the new tariff shall be sent to the GNCC for publication on the website. Such tariff shall be effective on the 30^th calendar day before polling day. The relevant person mentioned in this paragraph shall be obliged to start placing advertisements from the 50^th day before polling day, complying with the following conditions:

a) if airtime is allotted for pre-election campaigning and political advertising, he/she shall publicly announce and submit on a weekly basis to the GNCC the following information: from and until what date and at what intervals the airtime is allotted, its duration and the schedule of the allotted airtime for one day, and the service provided;

b) paid airtime allotted by any TV or radio broadcaster during one day may not exceed 15% of its total daily broadcasting time and none of the electoral subjects shall be granted more than one-third of that time. The paid airtime fee shall be the same for all electoral subjects;

c) when broadcasting a political/pre-election advertisement, the screen corner shall display the inscription ‘paid political advertising’ or ‘free political advertising’. Such advertisements shall have to be accompanied by a sign-language translation which shall be ensured by the electoral subject presenting the advertisement;

d) during the period provided for by this paragraph, political advertising may not be broadcast at any other time, except the time interval allotted for that purpose.

2. If the date of elections coincides with a state of emergency or martial law declared in the whole territory of the country or extraordinary elections are scheduled, the holder of the broadcasting licence, the authorised broadcaster, the public broadcaster, and Ajara TV and Radio of the Public Broadcaster, shall be obliged, for the purpose of publishing on the website of the CEC and the GNCC, not later than 40 days before polling day, to submit the airtime tariffs for the placement of the paid pre-election advertisement. Such tariffs shall be effective on the 35^th calendar day before polling day. The relevant person mentioned in paragraph 1 of this article shall be obliged to start placing advertisements from the 35^th day before polling day, complying with the conditions provided for by subparagraphs (a)-(c) of the same paragraph.

3. From the announcement of elections until the summarisation of election results, newspapers funded by the central or local budget shall meet the following conditions:

a) if a newspaper allocates space for election campaigning and political advertising, it shall publish on a weekly basis the following information in the same newspaper: from what date, at what intervals and until when the newspaper space is allocated, the size of the space allocated in one newspaper, and in the case of free newspaper space, the share of free space out of the total space allocated, the space fee, and the service provided;

b) no electoral subject shall be granted more than one-third of the newspaper space in one newspaper publication or over a period of one week;

c) the space fee shall be the same for all electoral subjects;

d) when publishing a campaign letter and a political advertisement, an inscription ‘paid political advertising’ or ‘free political advertising’ shall be made above the heading and in the corner of the advertisement;

e) during the period referred to in this paragraph, a political advertisement shall not be published in violation of the requirements provided for by this paragraph.

4. All newspapers, except for the ones referred to in paragraph 2 of this article, shall have the right to allot pre-election advertising time to any electoral subject under any conditions.

5. If any electoral subject fails to use its airtime or newspaper space, a broadcast licence holder, an authorised over-the-air broadcaster, the Public Broadcaster, and Ajara TV and Radio of the Public Broadcaster, and a newspaper shall have the right to distribute that time or space equally among other electoral subjects.

6. It shall be prohibited to publish public opinion poll results with regard to the elections, except for the possible number of voters in elections and the number of voters participating in elections on polling day, within 48 hours before polling day and until 8 p.m. of that day. From the day of calling elections until the publication of final results of elections by the CEC and during one month thereafter, the following shall be indicated when publishing public opinion poll results with regard to elections: the person ordering the poll (name according to public or electoral registration and legal address if a legal entity or a state body has ordered the public opinion poll; and first name, last name, and address according to an identity card of a citizen of Georgia if a natural person has ordered the public opinion poll), whether the poll is paid or free of charge, the organisation conducting the public opinion poll (name according to public or electoral registration and legal address), date of the poll, methods used, exact formulation of the questions put in the poll, possible margin of errors.

 

Article 57 – Information support for the pre-election campaign

1. In the course of election campaigning, when broadcasting social and political programmes and elections, a broadcaster shall observe the principle of impartiality and fairness in accordance with the Law of Georgia on Broadcasting, the Code of Conduct of Broadcasters, and this Law.

2. Free airtime, in accordance with the procedures established by this Law, shall be equally granted to the political parties that have collected at least 3 per cent of votes in the last parliamentary elections. Free airtime shall not be granted to a party which, based on Article 30(5) or (6) of the Organic Law of Georgia on Political Associations of Citizens, does not receive budgetary financing at the time of calling the elections.

3. The general broadcaster, which decides to cover the pre-election campaign on its own air, shall broadcast the pre-election debates in a non-discriminatory manner. In addition, the broadcaster shall be obliged to invite all other political parties to the pre-election debates, which showed similar or better results than the party participating in the last parliamentary elections.

4. The obligation of equal distribution of airtime established by this Law, the creation of equal conditions for participation 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 the authorised parties.

5. During the election campaign in their respective coverage areas, the Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, and any community broadcaster shall allot, not later than the 50^th day before the election day, in every hour five minutes to broadcast free of charge, pre-election advertisements, and every 3 hours broadcast free of charge and without discrimination, the pre-election advertisements submitted to them by each qualified electoral subject, on the condition that the time allotted to a qualified electoral subject during such period shall not exceed 90 seconds (each electoral subject may divide the time allotted in several parts). The airtime not used by an electoral subject may not be added to other airtime allotted to the electoral subject.

6. During the election campaign in its respective coverage area, the Public Broadcaster shall allot, not later than the 50^th day before the election day, in every three hours no less than 7.5 minutes to broadcast free of charge, the pre-election advertisements, and broadcast based on equality and without discrimination, the pre-election advertisements submitted to it by each qualified electoral subject, on the condition that the time allotted to a qualified electoral subject during such period shall not exceed 90 seconds (each electoral subject may divide the time allotted into several parts). The airtime not used by an electoral subject may not be added to other airtime allotted to the electoral subject.

7. The public broadcaster shall be obliged to provide a sign language translation in its election-related programmes aired during the pre-election campaign.

8. The public broadcaster, Ajara TV/Radio of the public broadcaster (legal entity under public law) shall be obliged to allocate time for the placement of the pre-election advertisements of all other parties except for the authorised party, which shall be equally distributed among those parties.

9. The obligation to allocate free advertising time as provided for by this article during the extraordinary elections of the mayor of a municipality (except for the extraordinary elections of the mayor of the municipality of Tbilisi) shall apply only to the local broadcaster. The obligation established by this paragraph shall apply to the public broadcaster and the general national broadcaster during the elections of the Mayor of Tbilisi Municipality.

10. The Georgian National Communications Commission shall determine the procedure for the participation of media and the use thereof in the election process, monitor the observance of the norms established by this law by the broadcaster and respond accordingly to any violation of the mentioned norms. The Georgian National Communications Commission shall procure the services required for media monitoring in accordance with the procedure established by the legislation of Georgia.

11. It shall be prohibited to place paid pre-election and/or free pre-election advertisements, programmes of electoral subjects on TV and radio 8 hours before polling and until 8 p.m. of polling day, as well as to make automated telephone calls and send short text messages for election purposes.

12. It shall be inadmissible for an electoral subject to place an advertisement with the broadcaster that serves the campaign goals of another electoral subject during the advertising time. The advertisement of an electoral subject shall not contain any elements of an advertisement conducive to the election of another electoral subject, including its representative, sequence number and symbols.

13. In the course of political/pre-election advertising, the sum of the single contours of letters denoting the name of an electoral subject and the single contours of digits denoting his/her sequence number shall occupy not less than 10% of the picture area. In addition, the advertisement shall be made in such a way that at the end of it, at least for the last 1 second, the name of an electoral subject and his/her sequence number are displayed, so that the sum of the single contours of letters indicating the name and the single contours of sequence numbers occupies 50% of the picture area. In the case of a violation of the procedure established by this paragraph, the broadcaster shall not place the relevant political/pre-election advertisement.

14. The broadcaster shall be prohibited from devoting more airtime to the relevant electoral subject than the fee paid for the placement of paid pre-election advertisements or devoting more time to the placement of free advertisements than those defined by this law. The action provided for by this paragraph shall be deemed to be a prohibited donation.

15. The broadcaster (except for the broadcasters mentioned in paragraphs 5 and 6 of this article) shall be obliged to broadcast pre-election advertisements free of charge during the last 30 days before the election day, if it places paid pre-election advertisements during the election campaign in its service area. In this case, the local broadcaster or cable broadcaster shall be obliged to devote 7.5 minutes every 3 hours to free pre-election advertisements and to place equally and in a non-discriminatory manner pre-election advertisements submitted to it by each authorised party, provided that the advertising time allocated to one electoral subject during that period does not exceed 90 seconds (an electoral subject may divide this time into several parts). The airtime not used by an electoral subject may not be added to other airtime allotted to the electoral subject.

16. At least 10% of the amount spent by the party participating in the elections for the placement of pre-election advertisements shall be used for the placement of pre-election advertisements in at least 7 non-national broadcasters.

17. To determine the status of a qualified electoral subject, a public opinion survey shall meet the following requirements:

a) it shall be based on a recognised scientific methodology for the random selection of a representative that ensures at least 95 per cent reliability of results and the margin of error of which does not exceed 3 per cent;

b) it shall be published after verifying the reliability of the public opinion research methodology and the objectivity of results;

c) in the presence of significant differences or changes in the results of the same or other comparable public opinion survey, a convincing scientific explanation of such differences or changes shall be possible;

d) it shall not constitute a tool for manipulating public opinion or fund-raising, and it must not be conducted via telephone, mail and/or the Internet;

e) it shall be based on a transparent methodology that allows for the independent verification of results;

f) when publishing public opinion survey results the following shall be specified:

f.a) the organisation who has conducted the survey;

f.b) the organisation ordering or financing the survey;

f.c) the exact formulation and sequence of questions used in the survey;

f.d) the time of the conduct of field survey;

f.e) the number of respondents and the selection method;

f.f) in what area or in what category of people the selection was made;

f.g) whether the survey is based on the opinion of all respondents;

f.h) number of respondents who refused to participate in the survey or did not answer the question or could not be interviewed;

f.i) selection size;

f.j) margin of error;

f.k) information about any other factor that may have had a significant impact on the results of the survey.

18. The broadcaster commissioning the public opinion survey shall be obliged to comply with the requirements established by paragraph 17 of this article. A broadcaster that publishes a public opinion survey commissioned by others shall be subject only to the requirements established by paragraph 17(f) of this article.

Chapter VIII – Election/Referendum Funding

 

Article 58 – Financial support for preparation and conduct of elections/referenda

1. Costs incurred by the Electoral Administration of Georgia for the preparation and conduct of elections/referenda, as well as its activity carried out within the term of its office, shall be funded from the State Budget of Georgia.

2. The CEC shall, on an annual basis and in accordance with the procedures defined by this Law, submit to the Parliament of Georgia a budget statement of the Electoral Administration of Georgia for the following year in order to determine the budgetary financing for the following year.

3. If the budgetary funds allocated for the preparation and conduct of elections/referenda are not allocated to the CEC budgetary programme code concerned within the time frame established by this Law, the CEC shall have the right to file an action in the district/city court of Georgia.

4. The enforcement of the allocation of funds to the CEC may not be carried out from the State Budget of Georgia intended for the enforcement of court judgements.

5. The Electoral Administration of Georgia, represented by the CEC, may receive grants from persons duly authorised by law. The grant shall be used according to the agreement between the CEC and the authorised person.

6. Appealing actions/decisions of the CEC, the Training Centre and/or their procurement committees related to public procurement during the pre-election period/election period, shall not result in the suspension of public procurement procedures.

7. During the election period/referendum period, the time limits for appealing decisions of the CEC, the Training Centre and/or their procurement committees, and the time limits for the Public Procurement-related Dispute Resolution Board to consider a complaint and the procedure for appealing a decision made shall be defined by Article 92 of this Law.

 

Article 59 – Funds necessary for elections/referenda

1. The CEC shall, not later than 55 days before polling day, submit to the Ministry of Finance of Georgia a plan for funding the preparation and conduct of elections/referenda.

2. The Ministry of Finance of Georgia shall, not later than on the 50^th day before polling day, in accordance with the plan submitted to the ministry by the CEC, ensure that the funds for the preparation and conduct of elections/referenda are allocated from the State Budget of Georgia to the CEC budgetary programme code concerned.

3. The CEC shall regulate, by a decree, the distribution and use of election funds necessary for the conduct of elections by election commissions.

4. The CEC shall, not later than 45 days before polling day, deposit the funds allocated for a DEC into its current account.

5. A DEC shall, not later than on the 30^th day after polling, cease all settlements with organisations and individuals and shall, within 10 days, transfer the funds remaining on its account to the relevant account of the state treasury. A DEC shall, within two weeks after transferring the funds remaining on its account, submit a financial report to the CEC.

 

Article 60 – Election/referendum campaign expense

1. An election/referendum campaign shall be funded from:

a) the funds of a political party;

b) the election funds opened by the initiative group of voters to fund the campaign of an independent candidate.

2. A candidate nominated by an electoral subject shall use the funds of the electoral subject nominating the candidate.

3. The basis for opening a bank account in a licensed commercial bank of Georgia for electioneering of the initiative group of voters shall be an ordinance of a chairperson of a relevant election commission on the registration of a respective electoral subject.

4. An electoral subject shall submit to the State Audit Office information about the bank account, from which the necessary costs shall be funded for an election campaign. The information submitted on the mentioned fund shall also include the contact details of persons responsible for managing the election campaign fund.

5. Election/referendum campaign funds shall be the amounts deposited in the relevant bank account, as well as all goods and services received free of charge (reflected at market prices), except for the cost of free advertising time received in accordance with the law.

6. During elections, an electoral subject may not use other financial means than the respective funds.

7. The total amount of expenses incurred by an electoral subject during a year shall not exceed 0.04% of the gross domestic product of Georgia for the previous year. This amount shall include the expenses incurred by an electoral subject and another person in its favour, which are determined by the State Audit Office and about which the relevant electoral subject shall be notified.

8. The upper limit of the total annual election expenses of an independent majoritarian candidate shall be determined as follows: the upper limit of the election campaign allowances for a political party (0.1% of the GDP for the previous year) shall be divided by the total number of voters in the country and the number obtained shall be multiplied by the number of voters in the respective electoral district.

 

Article 61 – Legislation on election/referendum campaign expenses

Transparency and lawfulness of election/referendum campaign expenses shall be guaranteed by provisions determined by this Law and the Organic Law of Georgia on Political Associations of Citizens.

 

Article 62 – Report of election campaign expenses

1. A candidate for an electoral subject/an electoral subject shall submit a relevant financial report to the State Audit Office once every 3 weeks from the day of calling elections, in the form established by the State Audit Office.

2. An electoral subject which, according to the preliminary data receives the number of votes required by this Law in the elections, shall, not later than 12 days after polling day, submit a report to the State Audit Office on the funds used from the day the elections were called until and including polling day.

3. An electoral subject participating in the second round of elections shall, 3 days before the day of the second round, submit to the State Audit Office a financial report on the activities carried out after polling day of the first round.

4. An electoral subject shall, not later than one month after the election results are published, and an electoral subject participating in the second round of elections shall, not later than one month after the results of the second round are published, submit to the State Audit Office, along with an audit report (the report of an audit firm), a report on the funds used from the day the elections were called until the day the final election results are published. An auditor certified in accordance with the Organic Law of Georgia on the State Audit Office shall have the right to conduct an audit. Unless the election campaign expenses exceed GEL 10 000, the electoral subject shall have the right to submit a report for the full election period without the audit report.

5. If an electoral subject that has received the required number of votes as determined by this Law fails to submit the report of their election campaign funds within the specified time frame, or if any violation of the requirements of the law is confirmed, the State Audit Office shall notify the electoral subject in writing and request that the deficiency be eliminated, and detailed information about the violation be submitted in writing. If the State Audit Office considers that the violation is of an essential nature and it could have affected the election results, it shall have the right to apply to the respective election commission with a recommendation to apply to court and request a summary of the election results without taking into account the votes received by that electoral subject.

6. The State Audit Office may, if an electoral subject fails to properly comply with the obligation provided for by this Chapter and/or Chapter III of the Organic Law of Georgia on Political Associations of Citizens, instruct it to eliminate the deficiency in question and allow it a reasonable period of time for the elimination of that deficiency.

7. The State Audit Office shall be authorised, for the purpose of monitoring the financial activities of an electoral subject, also carry out the following measures:

a) interview a natural person in accordance with the procedure established by the Organic Law of Georgia on Political Associations of Citizens;

b) question a natural person before a magistrate judge in accordance with the procedure established by the Administrative Procedure Code of Georgia;

c) request necessary information, including personal data of a special category, other personal data and confidential information (except for a state secret as provided for by the legislation of Georgia) from a public institution, natural person, legal person (including a payment service provider) or another entity.

8. The information provided for by paragraph 7(c) of this article that is not public information shall be requested by the State Audit Office on the basis of a court decision. For this purpose, the State Audit Office shall submit an application to the court according to its location. In such case, the court shall make the decision within 48 hours after the application is submitted. The application of the State Audit Office shall be substantiated. It shall indicate the grounds and purposes of the request for information, and the period and volume of the information to be requested. If the application is satisfied, the court decision shall indicate the grounds and purpose of the request for information, the period and volume of the information to be requested, and the term of validity of the said decision.

9. All entities that are requested by the State Audit Office to submit information as provided for by this Chapter shall be obliged to submit the said information available to them.

10. When exercising the powers provided for by this Chapter, the State Audit Office shall conduct administrative proceedings for not more than 3 months. The General Auditor shall have the right, if necessary, to extend this period for not more than 3 months.

11. The form of a report for funds used for the elections and the procedure for completing it shall be defined by the State Audit Office.

 

Chapter IX – Polling

 

Article 63 – Arrangement of a polling station

1. At a polling station:

a) polling booths shall be set up so as to ensure that voters can complete ballot papers in secret. At least one booth with one pen shall be provided for every 500 voters;

b) places shall be allocated for the registration of voters and the placing of special envelopes;

c) a transparent ballot box shall be placed in a visible place;

d) public versions of lists of voters, party lists, lists of candidates, procedures for filling out a ballot paper established by the CEC, as well as an extract from this Law defining the cases when a ballot paper is deemed invalid, and demonstration protocol(s) of polling results, shall be posted in a visible place.

2. If any electoral subject entered on a ballot paper is no longer running in the elections, a notice thereof shall be posted in a visible place both at the polling station and in the voting booth (room).

 

Article 64 – Keeping order at polling stations and adjacent territory on polling day

1. The PEC chairperson shall be responsible for keeping order at the polling station on polling day.

2. Decisions made by the PEC chairperson for keeping order at a polling station shall be binding upon all members of the election commission, upon all persons authorised to be present at the polling station and upon voters.

3. Everyone authorised to stay at a polling station shall carry a badge (certificate) indicating his/her identity and title.

4. No armed individual shall enter a polling station.

5. If commission operations are hindered and order is violated, a PEC shall make a decision to expel the violator. The chairperson and members of the commission shall sign a respective act drawn up for the expulsion. The act shall specify the first and last name of the violator, as well as the numbers of the electoral district and electoral precinct, and the essence of violation and the exact time of its commitment. In this case, the expelled person shall be prohibited from entering/being present in any polling station/polling building on election day, except for voting at the polling station. In order to verify information about expelled persons, the Election Administration of Georgia shall maintain an electronic database of expelled persons.

6. If social order, or the polling process or the safe movement of electoral documents under this Law is threatened at a polling station or its adjacent territory, at the request of the PEC chairperson, police officers may be summoned to the polling station and its adjacent territory. Police officers shall leave the polling station and adjacent territory with the consent of the PEC chairperson as soon as the disturbance of social order is eliminated.

7. In exceptional cases, police officers may be present in the adjacent territory of a polling station but not in the polling station itself, without the request and consent of the Chairperson of a PEC, if this is absolutely necessary for preventing the violation of social order or for protecting thereof. As soon as such necessity is eliminated, the police officers shall leave the adjacent territory of a polling station.

 

Article 65 – Polling time and place

1. Polling shall take place at a polling station on the polling day from 8:00 a.m. to 8:00 p.m.

2. It shall be prohibited to lock the polling station during voting or to terminate or suspend voting, except when it is impossible to ensure universal and equal suffrage and the free expression of the will of voters.

3. The PEC chairperson shall unilaterally decide to close a polling station temporarily, to terminate or suspend polling, to re-open the polling station, and to resume polling, and he/she shall be fully responsible for taking such decisions.

4. In the case of the temporary closure of a polling station, a PEC shall, immediately after polling is terminated or suspended, decide to approve or revoke the relevant decision made by the PEC chairperson. If the decision of the commission chairperson is related to the suspension of polling, the decision of the commission on confirming or revoking that decision shall be reflected in the log-book, the reason and the time of the suspension of polling shall be indicated and confirmed by the signatures of commission members. If the decision of the commission chairperson is related to the termination of polling, the decision of the commission on confirming or revoking that decision shall be taken by an ordinance, where the reason and the time of the termination of polling shall be indicated. As soon as the cause of the suspension of polling has been removed, the polling process shall be resumed by an ordinance of the commission chairperson. If polling is declared terminated, it shall not be resumed.

5. A voter may stay at a polling station only during the period of time required for voting.

6. A PEC shall declare polling completed any time before 8 p.m. at electoral precincts set up at military units, hospitals, and other inpatient facilities and hard-to-access areas, provided all voters on the list of voters participated in the polling.

7. It shall be prohibited to conduct polling before the day or after the day of polling, except for cases provided for by the legislation of Georgia.

 

Article 66 – Casting lots for the distribution of functions of PEC members

1. Casting lots for the distribution of the functions of PEC members shall be conducted not later than the 7^th day before polling day in compliance with the procedure for casting lots established by this article.

2. Casting lots shall be conducted in the presence of PEC members. In addition, their failure to appear shall not be a circumstance hindering the conduct of casting lots and the participation in it. The chairperson, the deputy chairperson and the secretary of the PEC shall not participate in casting lots.

3. For the purpose of the distribution of the functions of PEC members by way of casting lots, the PEC chairperson shall, with the identical sheets of paper and the same pen, prepare as many ballot papers as the number of PEC members, and on each sheet of paper he/she shall write the first and last name of each PEC member. He/she then shall certify the sheets of paper with his/her signature and shall fold them in a manner that prohibits reading the text. The papers shall be put on a table. The PEC chairperson shall pick up the sheets of paper one by one according to the sequence of the functions to be distributed by casting of lots, and shall identify the PEC member to fulfil the specific function.

4. Out of the PEC members, the PEC chairperson shall:

a) by casting lots, identify two PEC members to carry the mobile ballot box (if necessary);

b) conduct the regular casting lots to identify PEC members to fulfil other functions, which will:

b.a) select a PEC member to regulate the flow of voters in the polling station, who will also check for the inking of voters;

b.b) select PEC members to register voters (at least one member per every 300 voters will be selected), who will also hand out ballot papers after putting a signature on a specific place of the front page of a ballot paper and certifying it with a special stamp;

b.c) select a PEC member to supervise the ballot box and special envelopes.

5. If a PEC member identified through casting lots to carry the mobile ballot box refuses to fulfil the function he/she has been vested with, he/she shall lose the right to participate in a regular casting of lots for the distribution of other functions of PEC members. The decision on vesting a function in that PEC member shall be made by the PEC chairperson.

6. PEC members appointed by political parties shall not participate in the casting of lots provided for by paragraph 4(b.b) of this article.

7. The decision on remunerating a PEC member who appears before the commission after the casting of lots is finished shall be made by the DEC, while the decision on vesting a function in him/her shall be made by the PEC chairperson.

8. After casting lots is over, the PEC secretary shall draw up a report in which he/she enters the results of the distribution of the functions of PEC members by way of casting lots. The report shall be signed by the PEC chairperson and secretary. On the day of casting lots, the PEC secretary shall make the record of the results of the distribution of the functions of PEC members by way of casting lots on a specific page in the log book of the day of casting lots.

9. A function vested in a PEC member by way of casting lots may be temporarily transferred to another PEC member only with the permission of the PEC chairperson. The PEC secretary shall make a note of such transfer of function on page 5 in the log book of the day of casting lots, indicating the time.

10. If, on the day of casting lots:

a) a PEC member to register voters fails to appear or his/her powers are prematurely terminated, the PEC chairperson shall assign an additional function to another PEC member/members to fulfil. If that is not possible, the function of a PEC member to regulate the flow of voters shall be fulfilled by the deputy PEC chairperson or, at an electoral precinct where voting is conducted using electronic means, the function of a PEC member to regulate the flow of voters shall be fulfilled by the PEC chairperson;

b) a PEC member to carry the mobile ballot box fails to appear, or his/her powers are prematurely terminated, and/or a PEC member to carry the mobile ballot box as identified through casting lots refuses to fulfil the function vested in him/her, the PEC chairperson shall assign the function of a PEC member to carry the mobile ballot box to another PEC member;

c) a PEC member to regulate the flow of voters fails to appear, or his/her powers are prematurely terminated, the PEC chairperson shall assign an additional function to another PEC member to fulfil. If that is not possible, the function of a PEC member to regulate the flow of voters shall be fulfilled by the deputy PEC chairperson or, at an electoral precinct where voting is conducted using electronic means, the function of a PEC member to regulate the flow of voters shall be fulfilled by the PEC chairperson;

d) a PEC member to supervise the ballot box and special envelopes fails to appear, or his/her powers are prematurely terminated, the PEC chairperson shall assign an additional function to another PEC member to fulfil, or he/she shall fulfil the function of a PEC member to supervise the ballot box and special envelopes himself/herself.

11. Casting lots for the distribution of the functions of PEC members shall also be conducted within the period provided for by paragraph 1 of this article at an electoral precinct where voting will be conducted using electronic means.

 

Article 67 – Opening electoral precincts

1. An electoral precinct shall open at 6:45 a.m.

2. If, by that time, the number of PEC members turns out to be less than 9, it shall be deemed that the PEC shall turn into a special group, and the special group shall have the right to conduct polling. The quorum of a special group shall be determined by a majority of its current members. The functions of the members of a special group shall be assigned by the chairperson of the special group without casting lots.

3. If on the day of polling it turns out that the existing composition of a special group cannot ensure the conduct of polling, the relevant DEC shall immediately convene and, by an ordinance, add to the existing composition of a special group as many members as needed to ensure the conduct of polling. If the special group provided for by this paragraph does not have a chairman and deputy chairman at the same time or does not have a secretary and/or they are unable to perform the duties specified by this Law, the special group shall immediately elect the chairman or secretary of the special group from among the members elected by the DEC.

4. Polling procedures from the time of opening an electoral precinct up to the time of starting polling shall be carried out in the following sequence:

a) immediately after opening an electoral precinct the polling day log-book shall be opened. All persons authorised to be present at the polling place shall sign the first and second pages of the log-book, and if necessary, the tenth and following pages as well;

b) the PEC chairperson shall inspect the integrity of the sealed package that contains a special seal of the PEC;

5. If a person authorised to be present at a polling station finds (identifies) any violation during the registration of a complaint, a decision regarding the registration of the complaint shall be made by the commission in accordance with the established procedure.

6. After the completion of the procedures provided for by paragraph 2 of this article, the PEC chairperson shall:

a) announce the number of voters according to unified and special lists, including the mobile ballot box list;

b) check the integrity of packages of ballot papers and special envelopes and announce the number of ballot papers and special envelopes received;

c) check and put a seal with a unique number on main and mobile ballot boxes as determined by the CEC.

7. Each registrar of voters shall be given a notebook containing all types of ballot papers that shall be confirmed with signatures of the commission chairperson and the registrar on the front page. After all ballot papers are issued from the notebook, another notebook shall be given to the registrar, and so on. etc.

8. The PEC secretary shall announce the data referred to in paragraph 6(a) and (b) of this article and shall incorporate it (except for the number of special envelopes) into the demonstration protocol of polling results and the polling day log-book.

9. Control sheets shall be signed by the first voter and all the PEC members present. The following details shall be indicated in the control sheets: the first and last name of the first voter, and his/her personal number of a citizen of Georgia. The PEC chairperson and the secretary shall fill out control sheets in three copies. The PEC chairperson shall insert one copy of the control sheet into the main ballot box after the first voter appears, the second copy shall be inserted into a mobile ballot box, and the third copy shall be kept for the purpose of further comparison with the control sheets in the ballot boxes.

10. Polling shall start at 8:00 a.m. on polling day.

 

Article 68 – Polling day log-book

1. The polling process at an electoral precinct as well as claims, complaints, and comments concerning the progress of polling shall be recorded in a polling day log-book (‘the log-book’).

2. The log-book shall be maintained in the Georgian language, while for those electoral districts for which ballot papers are also printed in other languages understandable to the local population, the log-book may also be maintained in the respective language.

3. The log-book shall be delivered to the commission secretary who is, together with the commission chairperson, in charge of recording every election procedure during the polling day in the log-book and of specifying the time of conducting same.

4. One copy of the log-book together with ballot papers shall be handed to PECs.

5. The log-book shall be the so called lace-bound book. The lace shall be sealed; the sheet to be sealed shall be signed by the DEC chairperson and secretary, and shall be affixed with a DEC seal. Every page of the log-book shall be numbered and the number of the electoral district and the electoral precinct shall be specified on each page.

6. The PEC secretary shall indicate on page 4 of the log-book the number of ballot papers handed over and of ballot papers left unused after the completion of polling.

7. The commission secretary shall record on page 5 of the log-book the information regarding the temporary delegation of the duties of a commission member defined by casting lots to another member of the commission.

8. The commission secretary shall record on pages 6 to 9 of the log-book every set of data to be entered in the summary protocol when summarising polling results.

9. All persons authorised to be present at a polling station shall record in the log-book all claims, complaints, and comments related to the polling procedure on polling day (page 10 and the following pages of the log-book shall be used for this purpose), and shall specify witnesses (if any). Persons making records in the log-book shall specify their first and last names, and addresses according to an identity card of a citizen of Georgia and the database of the Agency.

10. No one shall have the right to prevent any person authorised to be present at a polling station from making records in the log-book.

11. The log-book shall be closed after polling results are summarised. It shall be signed by the chairperson and the secretary of the PEC and certified with the PEC seal. The log-book shall be sealed together with the applications/complaints received and forwarded to the higher DEC together with the sealed documents specified in Article 73(7) and the summary protocol(s) of a PEC.

 

Article 69 – Ballot papers and special envelopes

1. Ballot papers shall be printed under a CEC ordinance and according to the sample established by the CEC in the Georgian language, while in Abkhazia ballot papers shall also be printed in the Abkhazian language, and if necessary, in other languages understandable to the local population.

2. For electoral precincts the CEC shall ensure the use of technologies that allow voters with vision disabilities to complete a ballot paper independently.

3. The CEC shall ensure the printing of ballot papers and the manufacturing of main and mobile ballot boxes. Ballot papers shall be printed under the permanent supervision of observers and persons authorised by the CEC. Two commission members appointed by an ordinance of the respective election commission and observer organisations registered under this Law shall observe the process of printing ballot papers at every place of printing same. Observer organisations shall agree upon nominating not more than 3 observers.

4. The respective election commission shall, within two days after the adoption of an appropriate ordinance, publish data about the place where ballot papers are printed and ballot boxes are manufactured, as well as about the persons responsible for printing ballot papers and manufacturing ballot boxes.

5. A person printing the ballot papers shall be personally responsible for the precise compliance of the number of ballot papers printed and transferred to the relevant election commission with the number of ballot papers ordered in order to make sure that no extra ballot papers are printed and disseminated.

6. The chairperson and secretary of an election commission shall be personally responsible for the storage and proper distribution of ballot papers in the election commission.

7. In order to provide a precise recording of ballot papers, each type of ballot paper shall be numbered sequentially (the number shall be specified on the counterfoil of a ballot paper; a ballot paper and its counterfoil shall be separated from each other by a perforated line) and bound in 50 copies in the form of a notebook. Each notebook shall specify on its cover page the type of ballot paper, the lines for a notebook number, the numbers of ballot papers in the notebook, the numbers and names of electoral districts and electoral precincts, the lines for signatures of a PEC chairperson and a PEC member (the registrar of voters), to whom the notebook is to be delivered, as well as a line for recording the number of unused ballot papers.

8. The number of special envelopes delivered to each PEC shall be equal to the total number of voters in an electoral precinct, while the number of ballot paper notebooks shall be equal to a multiple number of 50 of the total number of voters in an electoral precinct.

9. The CEC shall transfer ballot papers and special envelopes to DECs not later than two days before polling day, and the DEC shall transfer ballot papers and special envelopes to PECs not later than 12 hours before polling starts.

10. The number of ballot papers and special envelopes shall be precisely registered. Two copies of a delivery and acceptance certificate shall be drawn up after the CEC transfers ballot papers and special envelopes to a DEC and the DEC transfers ballot papers and special envelopes to a PEC. A delivery and acceptance certificate shall specify the names of commissions which have transferred and received ballot papers and special envelopes, the amount of special envelopes, the type of ballot papers, the amount of ballot paper notebooks (specifying their numbers and the numbers of ballot papers), the identity of persons who have issued and received them. A delivery and acceptance certificate shall be signed by persons who have issued and received the documents (one copy of the certificate shall remain with the commission which has transferred ballot papers and special envelopes, while another copy shall be given to the commission which has received the ballot papers and special envelopes). A representative of the election commission that is given ballot papers and special envelopes shall request one copy of a delivery and acceptance certificate to be transferred to the respective DEC/PEC. A delivery and acceptance certificate shall represent public information.

11. Signatories to a delivery and acceptance certificate as referred to in paragraph 10 of this article shall, before drawing it up, and after determining the compliance of ballot paper information, count ballot papers and enter data into the delivery and acceptance certificate. Thereafter, ballot papers shall be sealed again and that shall be endorsed by the signatures of the parties.

12. The front page of a ballot paper shall include:

a) the name of an election/referendum and the date of the election/referendum;

b) the name and the number of an electoral district;

c) the number of an electoral precinct (on the counterfoil of a ballot paper and on the ballot paper itself);

d) during elections held under the proportional election system – the sequence number and name of a party running in the elections; during elections of the Mayor of a self-governing city (including Tbilisi city)/a self-governing community and elections of a municipality representative body – the Sakrebulo held under the majoritarian election system – the sequence number, the first and last name of a candidate, and the name of an electoral subject nominating him/her. If a majoritarian candidate is nominated by an initiative group of voters, the word ‘independent’ shall be specified along the sequence number in the ballot paper;

e) a referendum ballot paper shall also specify the question to citizens concerning the referendum issue and options of a possible answer: ‘yes’ and ‘no’;

f) the procedure for filling out a ballot paper;

g) a place for the signature of a voter registration commission member;h) a place for the certification of a ballot paper with a special seal by a voter registration commission member.

13. If it turns out that a ballot paper was supposed to be in another electoral precinct/district or the quantity thereof does not comply with the one determined in advance, or it has a typographical or other defect, the higher election commission shall be immediately notified thereof, while the relevant election commission may, by an appropriate act, enter the actual number of ballot papers in the summary protocol.

14. If an electoral subject is withdrawn from an election, a stamp ‘withdrawn from election’ shall be placed on the ballot paper next to the name of the electoral subject.

15. Ballot papers shall be state property. It shall be prohibited to take ballot papers outside a polling station, to take them away, or to destroy them on polling day without permission.

16. Ballot papers shall be printed on paper with protective signs and only the CEC shall have the right to order and purchase such papers.

17. Any violation of the restrictions provided for by paragraph 15 of this article, as well as the dissemination and use of forged ballot papers, shall be a criminal offence punishable in accordance with the procedure established by law.

18. A PEC shall issue a ballot paper/ballot papers and special envelopes based on the list of voters, against presenting an electronic identity card (ID card) of a citizen of Georgia, a valid non-electronic (without an electronic information carrier) identity card of a citizen of Georgia, or a passport of a citizen of Georgia.

19. Each voter shall be given one special envelope and the corresponding amount of ballot papers on polling day.

20. During the elections of the Parliament of Georgia, election ballot papers determined for that purpose shall be given to a voter.

21. A commission member acting as a registrar of voters shall endorse the issuance of a ballot paper(s) by his/her signature on the list of voters.

22. Voters shall endorse the receipt of a ballot paper(s) by their signature on the list of voters.

 

Article 70 – Inking of voters

1. Inking of voters shall be conducted in every electoral precinct (except for cases referred to in paragraph 5 of this article), which entails applying invisible and non-hazardous indelible ink on the right thumbnail or forefinger nail of a voter (where this is not possible, the invisible and indelible ink shall be applied to the right nail of another finger of a voter, and where this is also not possible, the same procedure shall be conducted with the left hand).

2. A voter shall go through the inking verification procedure with the respective election commission member upon entering a polling room. The commission member shall illuminate the place for inking with a special device and after making sure that a voter has not been inked before, he/she shall grant the voter the right to participate in polling. If the device determines that a voter has been inked before, the voter shall be restricted from participating in polling and his/her name shall be recorded in the log-book.

3. A voter who has gone through the inking verification procedure shall move to the registration desk, where the registrar of voters shall ink a voter and issue a ballot paper (papers). Where a voter refuses to be inked, the voter shall have no right to vote and a ballot paper (papers) shall not be issued to him/her.

4. If a member of the election commission, or an observer present at an electoral precinct and/or a representative of an electoral subject, doubts the inking or inking verification procedure, he/she shall have the right to request the repeated procedure referred to in paragraphs 2 and/or 3 of this article. Those persons shall have the right to request to respond respectively to any identified violation of the inking procedure.

5. Inking shall not be used for persons in penitentiary institutions, and patients of hospitals and other inpatient facilities.

6. A voter who has gone through the inking procedure and has participated in an election may not vote again at the same or at another electoral precinct.

7. An individual violating the requirements referred to in this article shall be held liable in accordance with the procedure established by the legislation of Georgia.

 

Article 71 – Conduct of polling

1. Each voter shall vote personally. It shall be prohibited to vote in the place of another person.

2. Voting shall be conducted in accordance with the following procedure and sequence:

a) upon entering the polling room, a voter goes through an inking procedure. If a voter is not inked, he/she shall be allowed to vote. A commission member responsible for regulating the voter flow in the polling room shall let a voter in the polling room only if the voter presents an electronic identity card (ID card) of a citizen of Georgia, a valid non-electronic (without an electronic information carrier) identity card of a citizen of Georgia or a passport of a citizen of Georgia, and if there are not more than two voters standing at the registration desk designated for voters;

b) after entering the polling room, a voter shall go to the registration desk corresponding to the first letter of his/her last name in the list of voters, and shall present to a commission member registrar of voters an electronic identity card (ID card) of a citizen of Georgia, a valid non-electronic (without an electronic information carrier) identity card of a citizen of Georgia or a passport of a citizen of Georgia. The commission member registrar of voters shall verify compliance of the voter registration data specified in the document/documents presented with the data on the list of voters, and compliance of the face of a voter and photographs in the document/documents presented and in the list of voters with each other. If compliance is confirmed, the commission member registrar of voters shall ink a voter and sign in the respective box in the list of voters, after which the voter will confirm the receipt of a ballot paper/papers by his/her signature. When issuing a ballot paper/papers, a commission member registrar of voters shall sign in the appropriate box on the front side of the ballot paper/papers and shall certify the ballot paper/papers with a special seal;

c) after endorsing a ballot paper (papers), a voter shall enter a secret polling booth and fill out the ballot paper (papers) in accordance with the procedure established by this Law. After filling out the ballot paper (papers), the voter shall fold it (them) in such a manner that it was impossible to see who he/she voted for;

d) a voter shall take the folded ballot paper (papers) to a desk standing separately, shall independently take a special envelope and put the ballot paper (papers) therein. Only a voter shall have the right to put a ballot paper (papers) in a special envelope. An election commission member shall not have the right to open the filled out ballot paper (papers) or otherwise violate the secrecy of voting;

e) not more than 1 voter at a time shall be allowed at a ballot box;

f) a commission member supervising a ballot box and special envelopes shall be permanently present by the ballot box. He/she shall keep the special slot for inserting the envelope into the ballot box closed, and open it only after making sure that a voter has only one envelope in his/her hand;

g) when voting is finished, the special slot for inserting the envelope into the ballot box shall be sealed.

3. If the verification under paragraph (2)(b) of this article confirms that the registration data (except for a photo) contained in the presented document(s) correspond to the data contained in the list of voters, but the registrar of voters considers that the face of the voter does not match the photograph in the presented document or the photograph in the list of voters, the registrar of voters shall apply to the PEC chairperson. The PEC chairperson shall allow the voter to vote after performing the procedure provided for by paragraph 4 of this article.

4. If the PEC chairperson:

a) confirms an inconsistency as referred to in paragraph 3 of this article, the PEC secretary shall make a record in the log-book, on a specially designated page, specifying the fact of the inconsistency, the first and last name of the voter and his/her sequence number in the list of voters. That record shall be certified by the signatures of a PEC chairperson and a PEC secretary. The PEC secretary shall attach a photocopy of the document presented by the voter to the log-book, and certify it with his/her signature;

b) fails to confirm an inconsistency referred to in the paragraph 3 of this article but the registrar of voters, who has detected the inconsistency, does not agree with him/her, the registrar of voters shall record and certify with signature his/her special opinion in the log-book, on a specially designated page. Thereafter the PEC secretary shall add to that record the first and last name of the voter and his/her sequence number in the list of voters and certify the record with his/her signature. The PEC secretary shall attach a photocopy of the document presented by the voter to the log-book, and certify it with his/her signature.

5. It shall be prohibited for any other person to be present at the moment of filling out a ballot paper. A voter who is unable to fill out a ballot paper independently may ask any person for help in the secret polling booth except for:

a) a member of an election commission;

b) a candidate;

c) a representative of an electoral subject;

d) an observer;

e) representatives of press and other media.

6. If a voter or a PEC member damages a ballot paper or a special envelope, he/she shall inform the PEC chairperson thereof, re-submit the damaged ballot paper/special envelope, and get a new one. A corner of the damaged ballot paper/special envelope shall be cut off in the presence of the voter, and the word ‘damaged’ shall be written thereon. The damaged ballot paper/special envelope shall be signed by the PEC chairperson and stored separately.

7. The members of a PEC and persons authorised to be present at a polling station may require a voter, before he/she goes into the polling booth and places the ballot paper(s) into a special envelope, to show them that he/she has the exact number of ballot papers and special envelopes in his/her hand as defined by this Law. A voter shall be obliged to comply with such requirement.

8. On polling day, a PEC secretary shall count the number of the signatures of voters in the list of voters twice, at 12:00 p.m. and at 5:00 p.m., and record the number of the signatures of voters in the PEC demonstration protocol and log-book.

9. If the integrity of the seal of a ballot box is compromised during voting, a PEC shall stop the voting process and shall decide, by an ordinance, whether or not to re-seal the ballot box and resume polling.

10. A polling place shall be closed at 8:00 p.m. Voters standing in a queue by that time may still vote. For that purpose, one of the members of an election commission shall, by the assignment of the PEC chairperson, register the first and last names of voters standing in the queue and inform the PEC chairperson about the number of voters, while the commission secretary shall enter the number of voters standing in the queue into the log-book. The PEC chairperson shall announce that only voters standing in the queue have the right to vote.

 

Article 72 – Mobile voting

1. The mobile voting procedure shall start at 9:00 a.m. and end at 7:00 p.m. A mobile ballot box shall be returned to an electoral precinct not later than 8:00 p.m.

2. The persons referred to in Article 37 of this Law shall have the right to cast a vote through mobile voting.

3. From 9:00 a.m. on polling day, a PEC chairperson shall provide election commission members accompanying a mobile ballot box with the mobile ballot box list, special envelopes, and necessary number of ballot papers signed and sealed with a special seal by the registrar of voters.

4. Two members of a PEC selected by casting lots and persons authorised to be present at a polling station shall participate, if they wish to, in polling conducted according to the location of voters.

5. If a vehicle is used during mobile voting, a PEC shall allocate space in the vehicle for 2 observers selected by casting lots from among persons authorised to be present at a polling station.

6. A voter (except for the persons referred to in Article 37(1)(e) of this Law) shall cast a vote through mobile voting where his/her actual location is assigned to the territory of an electoral precinct where he/she is registered.

7. One transparent mobile ballot box shall be used to conduct polling according to the actual location of voters. The PEC secretary shall enter in the log-book the amount of ballot papers and special envelopes delivered to the election commission members accompanying a mobile ballot box. After the end of polling, the amount of ballot papers and special envelopes in the mobile ballot box, as well as those unused, shall be summed up in order to make a comparison thereafter. After the completion of the above procedure, a corner of each unused ballot paper and special envelope shall be cut off, and the word ‘damaged’ shall be written thereon. Thereafter they shall be signed by the PEC chairperson and stored separately. All procedures related to polling and the inking of voters at an electoral precinct shall apply to mobile voting. In addition, the powers of representatives and observers shall also be the same.

8. If, during elections of the municipality bodies, in the cases provided for by Article 37 of this Law, the place of registration and the actual location of a voter are assigned to the same electoral district, the voter shall have the right to participate in elections held under the proportional and majoritarian electoral systems and a respective ballot paper and special envelope shall be issued to him/her. Otherwise, a voter (except for the persons referred to in Article 37(1)(e) of this Law) shall have the right to participate only in elections held under the proportional electoral system.

9. The polling procedures referred to in paragraph 8 of this article shall be conducted by the PEC in the territory where there is a military unit, a hospital or other inpatient facility, or a penitentiary institution, in which a voter is located.

10. After the end of polling, the mobile ballot box slot shall be sealed so that it cannot be opened without damaging the seal.

 

Article 73 – Procedures to be conducted before opening ballot boxes

1. After the end of polling, the PEC chairperson shall select by lot not less than 3 counting officers in accordance with the procedure established by paragraph 2 of this article, while observers shall select from within their members not more than 2 supervisors by mutual agreement (if observers fail to come to an agreement, the PEC chairperson shall select 2 supervisors from among the observers by lot).

2. The PEC chairperson shall, with identical sheets of paper and the same pen, prepare the sheets of paper for the casting of lots, certify them with the special PEC stamp and fold them in a way that the text inside cannot be read. The total number of blank and filled sheets of paper shall be the same as the number of the PEC members participating in the casting of lots. Casting lots shall be conducted by the PEC chairperson in the presence of PEC members and persons authorised to be present in the polling station. The PEC chairperson, his/her deputy and the PEC secretary shall not participate in the casting lots. The papers shall be put on a table. PEC members participating in the casting of lots shall pick up the sheets of paper one by one.

3. The commission chairperson shall select by casting lots not more than 2 representatives from among the representatives present at an electoral precinct who shall participate in the process of counting valid and/or invalid ballot papers, together with the counting officers selected from among the commission members by casting lots. Moreover, the representatives of electoral subjects who are at the same time the counting officers selected by casting lots from among the commission members appointed by the same electoral subjects shall not participate in casting lots for the above-mentioned representatives.

4. Counting officers shall sequentially count the total number of voters participating in polling according to the unified, special, and mobile ballot box lists of voters. The PEC secretary shall immediately enter the results into a demonstration protocol and a polling day log-book, and thereafter wrap and seal separately the unified, special, and mobile ballot box lists of voters.

5. The commission secretary shall cut an edge off any unused ballot paper. Unused and damaged ballot papers shall be bound in separate packages. Each package shall specify the name and number of an electoral precinct, and the type of ballot paper.

6. Packages shall be sealed and signed by counting officers and the PEC chairperson.

7. Upon the completion of the procedure provided for by paragraph 6 of this article, the PEC secretary shall record the number of cases defined by Article 77(4), the number of documents attached to the log-book and shall enter the relevant data into the log-book. Thereafter the secretary shall wrap and seal the documents, indicate the number of the electoral precinct, the type of the document and sign the sealed package.

8. Liability for non-fulfilment of the requirements established by paragraphs 6 and 7 of this article shall be imposed on the PEC Chairperson.

 

Article 74 – Opening ballot boxes

1. The PEC chairperson shall check the seal integrity on a ballot box in the presence of PEC members and persons authorised to be present at a polling station.

2. If the seal integrity is compromised but a PEC considers that this has not led to the violation of the requirements of this Law, the procedure of summing up results shall be resumed under a PEC ordinance. Otherwise, the ballot box shall be sealed and the PEC ordinance and the sealed ballot box shall immediately be submitted to the higher DEC.

3. Counting officers shall move ballot boxes to a desk standing separately and take their places on opposite sides so as to maintain two meters’ distance between PEC members and persons authorised to be present at the polling station. Two supervisors and two representatives selected from among the observers shall stand next to the counting officers.

4. A PEC shall first open a mobile ballot box. The counting officers shall place the special envelopes from the mobile ballot box on the desk, check whether there is a control sheet in the mobile ballot box and compare it with the control sheet kept with the PEC for comparison. If any difference between the two control sheets is identified or if the control sheet is missing in the mobile ballot box and/or all the ballot papers in the mobile box appear to be without special envelopes, all the special envelopes and ballot papers shall be bundled into one package and labelled ‘invalid’ and then submitted to the higher DEC after the polling and vote counting procedures are completed at the electoral precinct. After this procedure, the counting officers shall open the main ballot box.

5. The counting officers shall take the special envelopes and ballot papers from the main ballot box and place them on a separate desk, check whether there is a control sheet in the main ballot box and compare it with the control sheet kept by the PEC chairperson for comparison. If any difference between the two control sheets is identified or the control sheet is missing in the main ballot box, all the special envelopes and ballot papers shall be bundled into one package and sealed, an appropriate protocol shall be drawn up and the special envelopes and ballot papers shall immediately be submitted to the higher DEC. If no violations occur, the counting officers shall mix the special envelopes from the main and mobile ballot boxes and start counting the ballot papers.

6. The ballot papers from a mobile ballot box shall also be transferred in a sealed form to the higher DEC if:

a) the number of ballot papers placed in the mobile ballot box does not match the number of voters participating in the voting conducted using the mobile ballot box;

b) the mobile ballot box is returned to the polling station in an unsealed form;

c) in other cases when the voting procedure conducted using the mobile ballot box requires the additional verification of compliance with the election legislation of Georgia.

 

Article 75 – Counting of votes

1. A PEC shall count ballot papers in compliance with the following procedure:

a) the first counting officer shall take a ballot paper out of a special envelope, announce for whom the vote has been cast and transfer one type of ballot paper to the second counting officer, another type of ballot paper to the third counting officer, etc., while he/she shall place special envelopes separately. The counting officers shall sort ballot papers separately by the votes given to each electoral subject;

b) unidentified types of ballot papers and ballot papers deemed invalid by the counting officers and those with doubts about their validity shall be placed separately.

2. One of the supervisors selected from among the observers shall stand next to the second counting officer referred to in paragraph 1(a) of this article, and the second supervisor shall stand next to the third counting officer referred to in the same subparagraph. The supervisors shall have the right to observe the entire procedure of counting votes, make remarks on errors, require rectification of errors, and if the requirement is not met, appeal the PEC action to the higher DEC, and thereafter in court. Those persons authorised to be present at a polling station shall have the right to request a counting officer to put aside any ballot paper with a doubt about its validity.

3. A standard ballot paper shall be deemed invalid only in the following cases:

a) if the ballot paper is not endorsed by the signature and special seal of a registrar of voters;

b) if it is impossible to determine for which electoral subject a voter has cast a vote;

c) the number of ballot papers in a special envelope exceeds the number required;

d) the special envelope does not comply with the sample;

e) the ballot paper in a ballot box is without a special envelope;

f) the ballot paper was intended for another electoral precinct.

4. Any corrections, changes, or amendments to a ballot paper after a voter has cast a vote shall give rise to liability in accordance with the procedure established by the legislation of Georgia.

5. Ballot papers with doubts about their validity shall be verified after all the ballot papers are sorted into different categories. A PEC shall decide by voting whether each ballot paper is valid. Ballot papers that are deemed valid shall be added to the pile of valid ballot papers, while ballot papers that are deemed invalid shall be added to the pile of invalid ballot papers.

6. After the procedure referred to in paragraph 5 of this article, the ballot papers that have been determined to be invalid shall be counted and labelled ‘invalid’. Such ballot papers shall be bundled into a package and signed by the counting officers and the PEC chairperson, and the PEC secretary shall immediately enter the quantity thereof in the demonstration protocol and the log-book. The valid ballot papers intended for another electoral precinct shall be packed into a separate bundle and the quantity thereof shall be entered only in the log-book.

7. Each package of ballot papers shall be packed and sealed in an envelope of appropriate size. The number of the electoral precinct and the type and quantity of ballot papers contained therein shall be specified on each package.

8. After the procedure referred to in paragraph 7 of this article, the number of votes cast for each electoral subject shall be counted and ballot papers shall be packed in accordance with the procedure referred to in paragraph 9 of this article. The bundle of ballot papers belonging to each electoral subject shall separately be wrapped and sealed. The number of votes obtained by each electoral subject shall immediately be recorded by the PEC secretary in the demonstration protocol and the log-book.

9. Every 10 ballot papers shall be tied with a metal fastener and the quantity of the tied ballot papers shall be written on each package, whether complete or incomplete. These packages, in their turn, shall be tied in separate bundles. The bundle of ballot paper packages shall specify on the top the name and the number of an electoral precinct, the information about an electoral subject (electoral subjects) (the name; first and last names), the number of votes it (they) has (have) received, and the number of ballot papers put in the bundle. The PEC chairperson shall be liable if that requirement is not met.

 

Chapter X – Conducting Polling/Elections Using Electronic Means

 

Article 76 – Conducting certain election procedures using electronic means

1. Procedures for the registration of voters arriving at electoral precincts, and for polling, counting votes and drawing up the summary protocol of polling results, shall be carried out using electronic means in the electoral districts/electoral precincts provided for by Article 77(1) of this Law.

2. The electronic means provided for by paragraph 1 of this article, as well as the manner and conditions for their use, shall be determined by the CEC decree.

3. The Government of Georgia shall provide funds for conducting elections using the electronic means provided for by paragraph 1 of this article.

 

Article 77 – Electoral districts/Electoral precincts

1. The list of electoral districts/electoral precincts, where elections are to be held using electronic means, shall be determined by the CEC ordinance in accordance with this article. The list of electoral districts/electoral precincts shall be determined in such manner that the said electoral districts/electoral precincts cover at least 70% of the total number of voters in Georgia.

2. Elections using electronic means shall be conducted:

a) in all electoral precincts in the territory of a self-governing city;

b) in all electoral precincts in the territory of the administrative centre of a municipality;

c) in electoral precincts, determined by a CEC ordinance, which do not belong to the electoral precincts provided for by sub-paragraphs (a) and (b) of this paragraph.

3. Elections using electronic means shall not be conducted in:

a) an electoral precinct established in exceptional cases;

c) an electoral precinct established in a place which is hard to access.

4. In an electoral precinct where elections are to be held using electronic means, the number of voters shall not exceed 3 000.

 

Article 78 – Procedures for polling and counting votes

1. Procedures for polling and counting votes, including those for the registration of voters and voting procedures, shall be determined by a CEC decree.

2. In an electoral precinct where elections are to be held using electronic means:

a) the electoral precinct shall open at 6:45 a.m. on polling day;

b) the inking of voters shall be carried out in accordance with the procedures determined by this Law;

c) a control sheet shall not be used;

d) more than one main ballot box and an electronic voting machine may be used.

3. Based on the preliminary data counted by the electronic voting machine, the PEC chairperson shall print out an extract of the preliminary results from the machine, which shall be signed by the chairperson and the secretary of the said commission. After carrying out the procedures specified in this paragraph, the procedures for counting votes and drawing up the summary protocol of polling results, as provided for by this law, shall continue.

4. Only those standard ballot papers shall be valid, on which the corresponding circle in front of the name of an electoral subject is shaded and/or marked, regardless of the presence of any other type of note/inscription in the ballot paper (if any).

5. A standard ballot paper shall be deemed invalid if:

a) the corresponding circle in front of the name of more than one electoral subject is shaded and/or marked;

b) no corresponding circle in front of the name of any electoral subject is shaded and/or marked.

6. The counting officers shall be guided by the requirements of paragraphs 4 and 5 of this article when counting ballot papers.

 

Article 79 – Determination of the form and type of electoral documents

The form, text and procedures for filling in a ballot paper, the type of ballot box and special envelopes, and the form and type of an extract of preliminary results, a summary protocol of polling results and of other documents necessary for the conduct of elections, shall be determined by a CEC ordinance.

 

Article 80 – Audit of polling/elections conducted using electronic means

1. An audit of polling/elections conducted using electronic means shall be carried out through the following measures:

a) the PEC chairperson shall activate the voter verification device/devices in the presence of persons authorised to be present in the polling station (he/she shall activate the voter verification process in the voter verification device/devices) and shall print out the initial report/reports from the device/devices, thereby confirming that no voter verification has been done with the voter verification device/devices. The activation of the voter verification device and printing out the initial report from the device shall be possible only after entering a special individual code/password in the said device by the PEC chairperson.

b) after activating the voter verification process in the voter verification device/devices, the PEC chairperson shall instruct the members of the commission registering voters to print out the list of voters from the voter verification device/devices (by indicating the sequence number of a voter, last name and actual state), which shall be displayed in a visible place along with the demonstration protocol, which can be used to verify that the list of voters loaded in the voter verification device and the lists of voters displayed on the registration desk of voters and those posted on the wall of the polling station are identical;

c) the PEC chairperson shall check the main and mobile ballot boxes in the presence of persons entitled to be present in the polling station, and after it is confirmed that the ballot boxes are empty, he/she shall seal them using seals with individual numbers. The main ballot box shall be sealed so that it cannot be opened without damaging the seal, that it is impossible to manually place a ballot paper in the ballot box and/or manually remove it from the ballot box and remove the special electronic voting machine installed on the ballot box. The serial numbers of the seals shall be entered in the log-book;

d) after the ballot boxes are sealed, the PEC chairperson shall print out from the special electronic voting machine a certificate that at that time no voter has cast a vote through the special electronic voting machine (‘extract zero’) and shall hand the extract over to the secretary of the commission for storage;

e) the chairperson and secretary of the PEC shall confirm the sealing of empty ballot boxes and the information given in the ‘extract zero’ by signing the corresponding page in the log-book that at that time no voter has cast a vote through a special electronic voting machine;

f) a ballot paper shall have a special protective bar code and an individual QR-code;

g) upon entering a polling room, a voter shall move to the registration desk, where he/she shall present an electronic identity card (ID-card) of a citizen of Georgia, a valid non-electronic (without an electronic information carrier) identity card of a citizen of Georgia or a passport of a citizen of Georgia to a commission member acting as a registrar of voters. The commission member acting as a registrar of voters shall verify the compliance of the face of a voter and photographs in the presented documents with each other. The commission member acting as a registrar of voters shall scan the electronic ID card of the citizen of Georgia through the reader of the voter verification machine (the readable area of the electronic ID card of a citizen of Georgia). If compliance is verified, the voter shall sign the verification receipt of a voter printed out from the voter verification machine by the commission member acting as a registrar of voters. The commission member acting as a registrar of voters shall place the voter verification receipt printed out from the voter verification machine in a transparent, sealed box placed on the registration desk, the slot of which shall be sealed after the end of the polling and handed over to the higher DEC together with the electoral documents. Where necessary, the receipts may be re-counted and their number compared with the number of voters participating in the voting specified in the final report printed out from the voter verification machine;

h) the number of voters participating in polling/elections and the total number of voters participating in polling/elections shall be determined at 10:00 a.m., 12:00 p.m., 3:00 p.m., 5:00 p.m. and 8:00 p.m. on polling day. The data of 12:00 p.m. and 5:00 p.m. shall be included in the demonstration protocol and the summary protocol of polling results;

i) after the polling process is finished, the PEC chairperson shall order one of the voter registration commission members to print out the final report from the voter verification device;

j) after the end of polling, the information in the special electronic voting machine on the voters participating in the voting shall be stored electronically, in accordance with the procedure established by the legislation of Georgia;

k) after completing the procedure of placing the ballot papers of the mobile ballot box into the main ballot box, based on the preliminary data counted by the special electronic voting machine, the PEC chairperson shall print out an extract of preliminary results from the machine. The said information shall immediately be provided to the higher DEC, and an extract of preliminary results shall be kept in the log-book;

l) after the completion of the procedure specified in sub-paragraph (k) of this paragraph, the procedures for counting votes and drawing up the summary protocol of voting results, provided for by the election legislation of Georgia, shall continue, which provides an opportunity to verify whether the electronic voting machine has counted the ballots in compliance with the requirements of the election legislation of Georgia;

m) the DEC shall be obliged to open the respective election documentation and count the voting results again when the number of votes given to an electoral subject, the total number of voters participating in the elections and/or the number of ballot papers deemed void has been altered in the summary protocol of the voting results drawn up by a PEC in such a way that it is not accompanied with the amendment protocol, which is a mechanism for auditing the results of elections conducted using electronic means;

n) the DEC shall be obliged not later than the 6^th day from polling day, identify 5 electoral precincts at a commission session, by random selection from the electoral precincts within the territory of an electoral district, to open the packages received from the PECs of those electoral precincts and to re-count the ballots, which is a mechanism for auditing the results of elections conducted using electronic means.

2. The procedure for confirming the conduct of audit specified in this article shall be determined by the CEC ordinance.

 

Article 81 – Digitising ballot papers

1. The ballot papers of the electoral precinct, where the electronic voting machine is not installed, shall be digitised by means of the appropriate electronic device in accordance with the procedure determined by the CEC decree.

2. The CEC shall ensure that all digitised versions of ballot papers on the electronic device determined by paragraph 1 of this article are placed on the Internet, according to the electoral precincts, within 2 days after polling day. The digitised version of ballot papers placed on the Internet can be accessed by any interested person.

3. The procedures for digitising the ballot papers and publishing the digitised ballot papers shall be determined by a CEC decree.

 

Chapter XI – Summarising of Polling and Election Results

 

Article 82 – Summary protocols of polling and election results

1. Polling and election results shall be entered in the summary protocols of polling and election results of the CEC, DECs, and PECs.

2. A summary protocol shall be an individual administrative act confirming the polling and election results. A summary protocol and its copy, certified as defined by this Law, shall have equal legal force.

3. It shall be prohibited to alter data in a summary protocol. The higher election commission shall consider whether a summary protocol is void. The alteration of any summary protocol data shall give rise to the liability of the respective election commission chairperson and secretary in accordance with the procedure established by this Law.

4. If any mistake is made during filling out a summary protocol, in order to rectify it, an inscription ‘rectified’ shall immediately be put alongside the respective data in a summary protocol. An election commission shall draw up an amendment protocol that shall specify the amended data entered into a summary protocol and the date and time of drawing up the protocol. All members of an election commission attending the election commission session shall sign the amendment protocol. A commission seal shall be put on the amendment protocol, the amendment protocol shall be registered in the log-book, and shall be attached to the summary protocol in which the data were amended.

5. It shall be prohibited to draw up the amendment protocol of the summary protocol of polling results after a PEC seal is sealed and signed by all the commission members as provided for by Article 83(14) of this Law.

6. The amendment of data in the summary protocol of voting results drawn up by the PEC shall be permitted by a decree of the DEC, and shall be based on the decision of the DEC on opening the sealed packages received from the PEC, the number of the signatures of voters participating in polling and the recount of ballot papers.

7. Each type of summary protocols (summary protocols of PEC polling results and summary protocols of DEC polling and election results) shall be assigned individual numbers that shall not be reiterated.

8. Summary protocols shall be registered accurately. The CEC shall ensure the printing of summary protocols. Summary protocols shall be printed under the constant supervision of observers and persons authorised by the CEC. The person printing the summary protocols shall be solely responsible for the exact compliance of the number of printed protocols transferred to the CEC with that of the ordered protocols in order to prevent printing and dissemination of an excess number of protocols.

9. An election commission chairperson shall be responsible for keeping the protocols in the election commission and for distributing them as required.

10. A DEC shall provide a PEC with each type of summary protocol of polling results at an electoral precinct.

11. Summary protocols shall be printed on paper with protective markings that can only be ordered and purchased by the CEC.

12. Summary protocols shall be printed in the Georgian language, while in Abkhazia they shall be printed in the Abkhazian language, and for electoral districts for which ballot papers have been printed in a different language understandable to the local population, summary protocols shall be printed in the corresponding language.

 

Article 83 – Drawing up summary protocols of polling results by PECs

1. Upon the determination of all the data referred to in paragraph 3 of this article, the PEC secretary shall, in agreement with the PEC chairperson and according to all available information, draw up each type of summary protocol of polling results.

2. One summary protocol shall be drawn up during elections of the Parliament of Georgia. Two summary protocols shall be drawn up during elections of the municipality representative body – the Sakrebulo. One protocol shall be prepared according to the results of elections held under the proportional electoral system, and the other one shall be prepared according to the results of elections held under the majoritarian electoral system. One summary protocol shall be drawn up during elections of the Mayor of a self-governing city (including Tbilisi)/a self-governing community and during by-elections.

3. A summary protocol of polling results shall specify the following:

a) the number and the name of an electoral district, the number of an electoral precinct;

b) the number of an electoral precinct set up in exceptional cases (if any) that is attached to the main electoral precinct;

c) the name of elections/referendum, voting system (proportional, majoritarian);

d) the polling date (it shall also specify if it is a repeat voting or the second round of elections);

e) the number of voters in a unified list;

f) the number of voters in a special list;

g) the number of signatures of voters participating in the elections in the list of voters at 12:00 p.m. and 5:00 p.m.;

h) the total number of voters participating in the elections (according to the signatures in the lists of voters);

i) the number of received ballot papers;

j) the number of invalid ballot papers;

k) the name of the electoral subjects, the number of votes cast therefor;

l) the date and time of drawing up the protocol;

m) the protocol data with which a PEC member disagrees (a commission member shall make this note in the box ‘dissenting opinion’ and shall sign it).

4. All PEC members shall be obliged to sign a summary protocol of polling results, thus evidencing their presence at an electoral precinct. The protocol shall be endorsed by the PEC seal.

5. If a PEC member does not agree with the data entered in a PEC summary protocol of polling results, he/she shall have the right to attach his/her dissenting opinion to the protocol in writing.

6. If a PEC member expresses a dissenting opinion, he/she shall be obliged to sign a summary protocol of polling results in the relevant section designated for the signature of a commission member.

7. The summary protocol of polling results drawn up by a PEC shall be legally effective if it has been signed by the majority of PEC members.

8. A summary protocol of polling results (attached with dissenting opinions of PEC members), together with a sealed package of ballot papers and lists of voters, shall immediately be submitted to the higher DEC, and the higher DEC shall submit the same protocol, together with the DEC summary protocol, to the CEC.

9. A PEC shall be responsible for posting a photocopy of the summary protocol of polling results for public review. A PEC shall, if requested, immediately give a photocopy of the protocol (attached with the dissenting opinions of commission members) to the representatives of a party/an initiative group of voters or to a PEC member appointed by a party and to observers from an observer organisation. The photocopy of a protocol shall be certified by the PEC seal and the signatures of the PEC chairperson and secretary (these protocols shall have the same legal force as PEC summary protocols of polling results). The above-mentioned persons shall endorse the receipt of the photocopy of the protocol by signing in the PEC log-book.

10. From the day following polling day, a DEC shall issue the photocopies of the summary protocols of polling results. The photocopies shall be endorsed by the signatures of the DEC chairperson and secretary and by the DEC seal (such protocols shall have the same legal force as PEC summary protocols of polling results). A representative/observer shall confirm the receipt of a photocopy of the protocol by a signature in the log-book.

11. The failure to issue the summary protocol of polling results, if requested as defined by this Law, shall give rise to the liability of the authorised persons of a commission in accordance with the procedure established by this Law.

12. The summary protocol of polling results, together with the lists of voters and signatures of voters participating in polling, shall be delivered to a DEC. A DEC, on the other hand, shall deliver same lists to the CEC that shall sort and archive them.

13. After the completion of all polling procedures, the registration book of a PEC shall be closed, signed by the PEC chairperson and secretary, and endorsed by a PEC seal.

14. A PEC seal shall be sealed in a separate package. The package shall be signed by the PEC chairperson, its secretary, and other PEC members.

15. A PEC shall immediately submit the photocopy of the summary protocol of polling results, upon filling it out, to the CEC through all available technical means.

 

Article 84 – Summarising polling and election results in DECs

1. Based on the summary protocols of PECs, and taking into account the results of the examination of the violations of the electoral legislation of Georgia, a DEC shall, not later than the 15^th day after polling day, summarise the results of a referendum, the results of the elections of the Parliament of Georgia, the elections of the municipality representative body Sakrebulo, and of the executive body of a municipality – the Mayor. It shall prepare the results of the Parliamentary elections of Georgia, the elections of the municipality representative body – the Sakrebulo and of the executive body of a municipality – the Mayor, and shall draw up the summary protocols of each type of polling and election results held in an electoral district. The DEC shall forward said protocols to the CEC not later than the following day.

2. The summary protocol of the DEC polling/election results shall include the following:

a) the number and name of an electoral district;

b) the name of an election/referendum, voting system (proportional, majoritarian);

c) the date of polling (it shall also specify if it is a repeat voting or the second round of election);

d) the number of voters in the electoral district;

e) the number of voters in the electoral district participating in the election;

f) the number of received ballot papers;

g) the number of invalid ballot papers;

h) the names of electoral subjects, and the number of votes cast for electoral subjects;

i) the number of valid ballot papers (the total number of votes cast for all electoral subjects);

j) the number of the electoral precinct where polling results were annulled, the total number of voters in that precinct and grounds for the annulment of polling results;

k) the number of ballot papers issued in those electoral precincts where polling results were annulled;

l) the date and time of drawing up the protocol;

m) the protocol data with which a DEC member disagrees (this note shall be made and signed by the commission member in the box ‘dissenting opinion’);

n) in the summary protocol of election results: the data listed in this paragraph, as well as the names of the person(s) elected, the names of persons advanced to the second round, and the name of the person elected in the second round.

3. If a DEC annuls the polling results of any electoral precinct(s) and if the total number of voters in that (those) precinct(s) is such that a repeat voting shall not affect the determination of person(s) elected or person(s) moved to the second round, the DEC shall determine who is the person elected or who is the person(s) moved to the second round without taking into account the results from that precinct(s).

4. All DEC members attending the commission session shall be obliged to sign a summary protocol of polling/election results. The protocol shall be endorsed by the DEC seal.

5. If a DEC member disagrees with the data included in a summary protocol, he/she may specify in the protocol what he/she disagrees with, and shall attach a written dissenting opinion to the protocol. In the case of a dissenting opinion, the member of the DEC shall sign the summary protocol of polling results in the appropriate box designated for the signature of a member of the commission.

6. The DEC summary protocol of polling and election results shall be legally effective if it has been signed by the majority of DEC members.

7. The DEC secretary shall include the data referred to in this article, upon determination, in the demonstration protocol posted at a visible and accessible place in the DEC.

8. The DEC summary protocol of polling/election results (attached with the dissenting opinions of DEC members), as well as DEC ordinances on amending PEC summary protocols (if such amendments have been made) shall immediately be submitted to the CEC.

9. A photocopy of a DEC summary protocol (attached with the dissenting opinions of DEC members) shall, upon request, immediately be submitted to the representatives of a party/an initiative group of voters and to observers from an observer organisation. The photocopy of the protocol shall be endorsed by the DEC seal and the signatures of the DEC chairperson and secretary (such protocols shall have the same legal force as DEC summary protocols). A representative/observer shall confirm the receipt of a photocopy of the protocol by a signature in the log-book.

10. If a certified copy of a summary protocol that is requested in accordance with the procedure established by this Law is not issued, it shall give rise to the liability of the commission chairperson and secretary in accordance with the procedure established the legislation of Georgia.

11. Within seven days after polling results are summarised, the DEC secretary shall open the sealed log-books of PECs, make photocopies of the pages of log-books that contain the records provided for by Article 71(4) and 73(7) of this Law (thereafter the log-book shall be sealed again), certify the records with his/her signature and transfer them together with the relevant sealed documents (the photocopies of ID cards and passports) to the CEC.

12. When conducting the procedures provided for by paragraph 11 of this article, the DEC secretary shall, within the same time frame, make photocopies of log-book pages that contain the records provided for by Article 67(4)(a) of this Law, certify the records with a signature and the commission seal and, if needed, forward them to the CEC.

 

Article 85 – Summarising election results at the CEC

1. The CEC shall, based on the protocols received from DECs and PECs, and not later than the 26^th day after polling day, summarise at its meetings the results of the elections of the Parliament of Georgia, the elections of the executive body of Tbilisi city municipality – the Mayor and the representative body of Tbilisi city municipality – the Sakrebulo, and shall draw up a summary protocol.

2. The CEC shall summarise the election results and draw up the summary protocol of election results specifying the following:

a) the number of voters;

b) the number of voters participating in the election;

c) the number of ballot papers deemed invalid;

d) the number of votes cast for electoral subjects;

e) the name(s) of a person(s) elected;

f) the data provided for by relevant articles of this Law.

3. The summary protocol of election results shall be signed by the CEC Chairperson and the CEC Secretary. The protocol shall be kept with the CEC, and certified copies thereof shall be given to the authorities provided for by this Law and to all interested persons.

4. The CEC shall ensure the posting of the summary protocols of polling results on the CEC official website as summary protocols from electoral precincts are received. The Electoral Administration officers shall be prohibited from making announcements about the preliminary results of elections, unless the results are duly published on the CEC official website.

5. The CEC shall be prohibited from summarising election results until the relevant electoral disputes are resolved in the common courts and without the full consideration of the decisions made by those courts.

6. In the case of an application/complaint and/or dissenting opinion of a CEC member, the CEC shall summarise the election results based on the PEC summary protocols.

7. Upon summarising the final results of the elections, the CEC shall post information about the election results on its official website and forward it to the Legislative Herald of Georgia that shall publish it within two days.

8. The CEC shall make the protocols referred to in Article 83(15) of this Law public, and ensure the immediate publication thereof on the CEC official website. In addition, if electoral precinct results have been appealed to the court in accordance with the procedure established by the legislation of Georgia, the CEC shall be obliged to make proper note thereof in the respective protocol published on the website immediately after the official notification.

9. In any elections, after receiving from DECs the documents provided for by Article 84(11) of this Law, the CEC shall process those documents within 40 days after polling day and draw up a separate document for each case. Each document shall contain the certified copy of the respective page of the log-book and the attached relevant documents. The materials shall be transferred to the Agency not later than the 45^th day after polling day. If the verification reveals that a person participated or attempted to participate in the elections with counterfeit documents or the documents of another person, the person shall be held liable under Article 164² of the Criminal Code of Georgia.

 

Chapter XII – Second Round of Elections

 

Article 86 – Conducting 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 conducting the second round of elections, the procedures and time limits established by Article 87 of this Law shall apply, unless otherwise specified by the same Law.

 

Article 87 – Time limits and measures required for conducting the second round of elections

1. Voters participating in the second round of elections shall vote according to the lists of voters from the first round of elections, which shall be amended only taking into account the following requirements:

a) according to the data provided to the CEC by the Agency on the citizens of Georgia who have attained 18 years after the first round or on the day of the second round of elections, as well as based on the information on the deceased in the same period;

b) not later than the 8^th day before the second round of elections, the DEC shall establish the special list of persons specified in Article 35(1)(a) of this Law, taking into account the data on PEC members who have the right to vote;

c) for the second round of elections special lists shall be used, which meet the requirements established by Article 32 of this Law on the day of the second round;

d) not later than the second day before the second round of elections, 2 copies of the final version of revised voter lists (unified and special lists) (version determined for the election commission and public versions) approved by the CEC shall be handed over to the PEC. The secretary of the PEC shall immediately post the version of the voter list as public information in a visible place in the building of the PEC (polling station);

e) where a voter cannot get to a polling station on the day of the second round of elections, the voter shall apply to the PEC not later than 8 days before polling day with a request to vote through a mobile ballot box. Not later than the 8^th day before the second round of elections, the PEC shall establish a list of mobile ballot boxes.

2. The DEC shall draw up a special list not later than the 8^th day before the second round of elections.

3. The term of office of the temporary members of the relevant DEC shall be extended, including the day the CEC publishes the summary protocol of the results of the second round of elections.

4. In the case of the early termination of the term of office of a member of the relevant DEC, his/her successor may be elected/appointed in accordance with the procedure established by the election legislation of Georgia.

5. The powers of PECs for the second round of elections shall be exercised by respective PECs established for the first round, unless the CEC decides otherwise.

6. The term of office of the members of the PECs as provided for by paragraph 5 of this article shall be calculated from the day of calling the second round of elections, including the day of drawing up the summary protocol of the DEC.

7. In the case of the early termination of the term of office of a member of the PEC appointed by a political party, the relevant party shall have the right to appoint the member of the commission within 2 days after receiving the notification of the DEC. The DEC shall immediately notify the relevant political party of the early termination of the term of office of the commission member.

8. If a political party does not exercise the right granted by paragraph 7 of this article within the time limit established by the same article, the DEC shall be authorised, if necessary, to elect a member(s) of the PEC in accordance with the procedures provided for by paragraph 9 of this article.

9. If the term of office of a PEC member elected by the DEC is prematurely terminated, and, to make the number of PEC members 17, when necessary, the DEC shall be authorised to announce a competition within one day in accordance with the procedure and conditions established by the election legislation of Georgia, and to elect a member (members) of the PEC on the next day after the time limit for the submission of those documents expires.

10. It shall be prohibited to withdraw a member of the PEC during the last 4 days before polling day of the second round of elections, on polling day and the day following polling day.

11. The term of office of the representatives of electoral subjects participating in the second round of elections shall be extended until the deadlines for appealing the results of the second round expire.

12. Electoral subjects as defined by this article may appoint and/or replace representatives in accordance with the procedure established by this Law.

13. A candidate nominated by an electoral subject in the first round of elections may not be appointed as the representative of an electoral subject in the second round of elections.

14. The term of office of observer organisations and observers registered with the CEC and the relevant DEC shall be extended until the time limit for appealing the results of the second round of elections expires.

15. The representatives of media organisations accredited by the CEC and the relevant DEC shall have their accreditation period extended until the day of announcing the final results of the second round of elections.

16. Observer organisations as defined by this article shall have the right to submit new/additional lists of observers to the secretaries of the relevant Election Commissions not later than the 5^th day before the second round of elections.

17. Registered media organisations shall have the right to submit additional lists for the accreditation of media representatives to the secretaries of relevant election commissions not later than the 5^th day before the second round, in accordance with the procedure established by this Law.

18. In order to participate in the process of counting valid and/or invalid ballot papers together with the counting officers, the casting of lots determined by Article 73(3) of this Law shall not be held and the representatives of electoral subjects participating in the second round of elections shall be automatically entitled to participate in the procedure.

19. In order to comply with the procedures established by paragraph 18 of this article, to identify at least 3 counters as specified in Article 67(1) of this Law and to fulfil the requirement of the second sentence of paragraph 2 of the same article, a member of a PEC appointed by a political party shall not participate in the casting of lots held by the PEC, whose representative was automatically granted the right to participate in the procedure referred to in paragraph 1 of this article.

20. The second round of elections shall be held on the fourth Saturday after the elections. The second round of elections shall be called by an ordinance of the CEC.

21. If one of the electoral subjects participating in the second round of elections loses passive suffrage, the second round shall not be held and the CEC shall declare the second electoral subject as the winner.

22. Tariffs announced for the first round of elections shall apply to the placement of pre-election advertisements in the second round of elections. Changing the relevant tariff shall be allowed not later than the 10^th day after the end of the first round of elections. The new tariffs shall be sent to the Georgian National Communications Commission for the purpose of publication on the website. Such tariffs shall become effective upon publication. The pre-election advertisements shall be broadcast by the broadcasters from the Monday following the day of calling the second round of elections.

23. In the electoral district (districts) where the second round of elections is held, free airtime shall be distributed among electoral subjects participating in the second round of elections in proportion to the share of the electoral subjects in the relevant electoral district (districts) for participation in the second round.

24. The CEC shall be authorised, if necessary, to define, by a decree, other additional measures and time limits required for conducting the second round of elections. In addition, as an exception, if some of the requirements/time limits established by this article cannot be met, the CEC shall be authorised to define, by a decree, the electoral measures and time limits for the elections/casting of lots to be conducted.

 

Chapter XIII – Electoral Dispute Resolution

 

Article 88 – Appealing against a violation of the electoral legislation of Georgia

1. A violation of the electoral legislation of Georgia may be appealed to the respective election commission. The decision of an election commission may be appealed only to a higher election commission or to a court in accordance with the procedure and within the time frames established by this Law, unless otherwise defined herein.

2. The Organic Law of Georgia on the Constitutional Court of Georgia shall define the standards regulating elections and time frames and procedures for lodging a constitutional claim with the Constitutional Court of Georgia concerning the constitutionality of elections held or to be held based on the above standards.

3. The legislation of Georgia shall determine the time frames and procedures for appealing election commission decisions and violations of the electoral legislation of Georgia. The legislation of Georgia shall also define the time frames for examining an application/lawsuit/complaint and delivering a decision, as well as a group of claimants, unless otherwise defined by this Law.

4. The time frames and procedures for appealing against violations of electoral legislation during elections held within the competence of the Supreme Election Commission of an Autonomous Republic shall be determined under the procedure defined by the legislation of an Autonomous Republic.

 

Article 89 – Procedures for drawing up and submitting applications/complaints on polling day

1. An application/complaint shall be delivered to the PEC chairperson, his/her deputy, or the secretary of the commission. The commission secretary shall register the application/complaint in the log-book and send a notice (signed by the secretary) to the applicant/complainant specifying the date, time, and registration number of the application/complaint submitted to the commission.

2. An application/complaint shall include:

a) the date and time of drawing up the application/complaint;

b) the first name, last name, and place of registration of applicant/complainant;

c) the number of the electoral precinct;

d) if there is a witness: his/her first name, last name, and place of registration;

e) the essence and time of the violation;

f) if an offender is identified: all possible data obtained about him/her;

g) an explanation by an offender (if any);

h) other additional information.

3. The PEC chairperson shall immediately respond to the application/complaint and eliminate any existing violation. If the PEC chairperson fails to eliminate the violation, or otherwise refuses to respond to the application/complaint, an observer/representative of an electoral subject or another observer of the same observer organisation/another representative of the electoral subject shall have the right to immediately appeal the said violation to the respective DEC.

4. If the violation specified in the application/complaint is eliminated, the following record: ‘violation eliminated’, shall be entered in the log-book and the exact time shall be specified.

 

Article 90 – Applications and complaints about a violation of polling and vote counting procedures

1. An application/complaint about a violation of polling procedure in an electoral precinct shall be drafted immediately upon identifying any violation of this Law in accordance with the procedure established by Article 89 of this Law, on polling day from 7:00 a.m. until a ballot box is opened.

2. An application/complaint about violations that occurred during the procedure of counting votes or summarising polling results, and requesting the revision or annulment of polling results, shall be drawn up within the period from opening a ballot box until drafting the summary protocol of polling results in accordance with the procedure established by Article 89 of this Law.

3. A PEC secretary shall register the application/complaint referred to in paragraph 2 of this article in a log-book. The PEC/PEC chairperson shall immediately respond appropriately to the application/complaint and eliminate any existing violation. If the PEC/PEC chairperson fails to eliminate the violation, or otherwise refuses to respond to the application/complaint, an observer/representative of an electoral subject or another observer of the same observer organisation/another representative of the electoral subject shall have the right to appeal the action of the PEC/PEC chairperson to the respective DEC within 3 days. The DEC shall review the application/complaint within 4 days after it is received.

 

Article 91 – Consideration of applications/complaints related to counting votes and summarising polling results

1. A DEC secretary shall, upon the receipt of an application/complaint as referred to in Article 90 of this Law, register the application/complaint in the DEC registration book. The DEC shall consider the application/complaint and make a decision within 4 days after the registration of the application/complaint by the commission. The DEC shall deliver that decision by issuing an ordinance, which may only be appealed in court in accordance with the procedure established by this Law.

2. If the procedure for the submission of information referred to in Article 89(2)(a)-(d) of this Law is not met, the respective official who is in charge of receiving applications/complaints in an election commission shall identify the omission for the applicant/complainant and define a reasonable term for its rectification. The commission secretary shall make a respective note thereof in the commission registration book. The note shall be signed by the applicant/complainant and the respective official of the commission. If the omission is not rectified within the defined period, the respective election commission shall be guided by the procedure referred to in paragraph 5 of this article.

3. The applicant/complainant shall have the right to rectify any omission within the period established by the authorised official of an election commission by submitting a similar application/complaint about the violation where the grounds for the omission shall be eliminated and/or the applicant shall submit an application specifying the data of the determined omission.

4. If the omission is rectified, a respective note shall be made in the registration book of the election commission specifying the exact time and date of the rectification, and it shall be signed by the person rectifying the omission and the respective official of the commission.

5. An application/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 reviewed and the chairperson of a respective election commission shall issue a decree to dismiss the application/complaint without prejudice.

6. The summary protocol of the PEC polling results and the PEC polling results shall be appealed in accordance with the procedure established by Article 92(1) of this Law.

 

Article 92 – Time frames and procedures for appeal

1. The decision of a PEC/the head officer of a PEC may be appealed to a respective DEC within 3 calendar days after it is received. The DEC shall review the appeal within 4 calendar days after it is received. The decision of the DEC may be appealed to a respective district/city court within 2 calendar days after it is received. The district/city court shall consider the appeal within 2 calendar days after it is received. The decision of the district/city court may be appealed to the Court of Appeals within 1 calendar day after the decision is made. The Court of Appeals shall review the appeal within 2 calendar day after it is received. The decision of the Court of Appeals shall be final and shall not be appealed.

2. If a DEC decision is appealed to the CEC based on the appeal of a PEC decision, an application/complaint shall not be considered.

3. The decision of a DEC/DEC head officer may be appealed to the CEC within two calendar days after decisions are made. The CEC shall consider the appeal within two calendar days. The decision of the CEC may be appealed to the Tbilisi City Court within two calendar days after it is made. The Tbilisi City Court shall review the appeal within two calendar days after it is received. The decision of the Tbilisi City Court may be appealed to the Court of Appeals within one calendar day after it is made. The Court of Appeals shall deliver its decision within two calendar days after the appeal is filed. The decision of the Court of Appeals shall be final and shall not be appealed.

4. The decision of the CEC/CEC head officer may be appealed to the Tbilisi City Court within two calendar days after the decision is delivered. The Tbilisi City Court shall consider the appeal within two calendar days. The decision of the Tbilisi City Court may be appealed to the Court of Appeals within two calendar days after the decision is delivered. The Court of Appeals shall deliver its decision within two calendar days after filing the appeal. The decision of the Court of Appeals shall be final and shall not be appealed.

5. During the election period/referendum period, the decisions of the CEC, the Training Centre and/or their procurement committees may be appealed within two calendar days after they are made to the Public Procurement-related Dispute Resolution Board, which considers a complaint and makes a decision within two calendar days after the complaint is received. Decisions made by the Public Procurement-related Dispute Resolution Board with regard to the actions/decisions of the CEC, the Training Centre and/or their procurement committees may be appealed to the Tbilisi City Court within two calendar days after they are made. The Tbilisi City Court shall consider the respective claim and make the decision within two calendar days after the claim is received. The decision of the Tbilisi City Court may be appealed to the Tbilisi Court of Appeals within two calendar days after the decision is made. The Court of Appeals shall consider the claim within one calendar day after it is received. The decision of the Tbilisi Court of Appeals shall be final and shall not be appealed.

6. It shall be prohibited to extend time frames for appeal and dispute resolution determined by this article, unless otherwise defined by this Law.

7. An application/complaint shall be dismissed if the time frame and procedure for submitting it has been violated.

8. An application/lawsuit/complaint, as referred to in Article 93 of this Law, submitted to the election commission/court concerning election disputes by the persons other than those specified in the same article, shall not be considered.

9. An application/lawsuit/complaint shall be considered to be lodged with an election commission/court from the moment it is registered with the respective election commission/court.

10. Lodging an application/lawsuit/complaint with the election commission/court shall not suspend the validity of the appealed decision.

11. Information about dismissing an application/complaint without prejudice shall be communicated to the party immediately upon the issuance of the ordinance of the chairperson of an election commission, in accordance with the procedure established by paragraph 14 of this article.

12. Filing a complaint with the DEC and the CEC shall be permitted in both physical and electronic form. The CEC shall determine the procedure for filing a complaint in an electronic form by an ordinance.

13. A party shall be obliged to clearly indicate in the complaint the contact telephone number (landline and/or mobile phone) of the complainant. The fax number and e-mail address (if any) of the complainant shall also be indicated.

14. Parties may be summoned to the consideration of a complaint either in writing or by telephone (including mobile phone, text message), e-mail, fax, or other technical means for the purpose of meeting the time frames for the consideration of complaints as required by this Law. Summoning a party through technical means shall be confirmed by:

a) contacting the person on the telephone number indicated by him/her;

b) sending an e-mail, fax, or text message with the acknowledgement of receipt through the relevant technical means. If such acknowledgement is received, the party shall be deemed to be summoned. The party shall also be deemed summoned if it is impossible to contact him/her through the technical means referred to in the complaint (if the cell phone, fax, computer is switched off, etc.).

15. The Electoral Administration of Georgia shall be obliged to inform a party of the time and place of consideration of a case not later than three hours before the consideration starts.

16. Applicants/observer organisations/electoral subjects shall be informed about the time and place of the consideration of the complaint by an election commission in accordance with requirements defined by this Law.

17. If an applicant is an observer organisation or its representative registered with an election commission, the respective observer or the observer organisation registered with an election commission shall be notified of the time and place of the consideration of the complaint.

18. If the applicant is an electoral subject or its appointed representative, the appointed representative of the electoral subject, based on Article 47 of this Law, shall be notified of the time and place of the consideration of the complaint.

19. If the applicant is a member of an election commission, he/she shall be personally informed of the consideration of the complaint.

20. When a party is summoned by any technical means, a report shall be drawn up and attached to the complaint submitted at an election commission session. The CEC report shall be drawn up by an officer and signed by the officer and the head of Legal Department of the CEC. A report in a lower election commission shall be drawn up by one of the commission members by the assignment of the commission chairperson, and shall be signed by that member and the chairperson of the commission. The form of report shall be approved by a CEC ordinance.

21. A party shall have the right to participate in the process of the consideration of a complaint in accordance with the procedure established by the electoral legislation of Georgia.

22. The failure of a party to appear shall not be grounds for postponing the consideration of the complaint.

23. A party attending the election commission session shall be provided, if requested, before the session starts, with photocopies of investigation materials related the review of the complaint.

24. When considering a complaint provided for by this article, the representative of a party in the election commission shall not be a person who was/has been an electoral subject since the elections were called, except for a person authorised to be the leader/the representative of a political party.

25. A decision whether or not to consider a complaint shall be made based on an accurate inquiry into and the study of evidence submitted by the parties and the materials obtained by the Electoral Administration of Georgia on its own initiative.

26. An election commission shall be obliged to specify in its decision the term and place (the name and address of an institution) to which the decision may be appealed.

27. A party participating in the process of the consideration of a complaint, upon request, shall be provided with a decision regarding the complaint (in addition to the minutes of an election commission session) not later than 12:00 p.m. of the day following the day of making a decision, taking into account time frames for drawing up respective documents defined by the legislation of Georgia.

28. A written commission decision shall be sent to a party who has failed to appear at the consideration of a complaint, despite the fact that he/she has been summoned.

29. If a party fails to appear at a commission session during the consideration of a complaint, the date of serving the written document of the delivered decision upon that party shall not be a basis for starting an appeal period for the commission decision.

30. If a lawsuit/complaint is lodged with the court, the court shall immediately inform the DEC/CEC about the receipt of the lawsuit/complaint and about the decision once it is delivered. The decision of the District/City Court shall be delivered to parties before 12:00 p.m. on the following day.

31. If a party fails to appear at the court hearing, the court shall deliver its decision based on an inquiry into case materials and taking into account the provisions of Articles 4, 17, and 19 of the Administrative Procedure Code of Georgia.

32. Courts shall immediately communicate information to the CEC about claims/complaints filed with common courts with respect to electoral disputes. In addition, a respective court shall forward to the CEC a ruling, concerning the case to be considered, about calling a session and the involvement of third persons. Upon receiving the ruling, the CEC shall immediately post it on its website. The ruling shall be considered delivered to the third persons immediately after 3 hours from its publication on the CEC website, and the third persons shall be considered summoned to appear in court.

 

Article 93 – Electoral disputes and group of claimants

1. Persons defined by this article, who have the right to file a claim with a court, shall have the right to submit an application/complaint to an election commission with regard to an electoral dispute defined by this article, and persons registered in the electronic register shall have the right to file a claim with a court on behalf of the aforementioned persons – based on their applications, appeals or submissions. The procedure for keeping an electronic register shall be defined by an ordinance of the CEC.

2. A representative to the respective election commission of a party/an initiative group of voters with an electoral registration, as well as an organisation with the status of an observer with an electoral registration (or during the non-election period, an organisation with the status of an observer registered during the previous general elections), a member of an appropriate DEC or PEC, or a citizen whose application to include him/her in the list of voters was not satisfied by an election commission, shall have the right to file a claim with the court concerning the list of voters.

3. A representative to the CEC of a political party with an electoral registration, an organisation with the status of an observer registered for the previous general elections, and a member of the CEC shall have the right to file a claim with the court with respect to the establishment of electoral districts, within the time limit determined by this Law.

4. A representative to the respective DEC of a political party with an electoral registration, an organisation with the status of an observer registered for the previous general elections, and a member of an appropriate DEC shall have the right to file a claim with the court with respect to the establishment of electoral districts, within the time limit determined by this Law.

5. An individual determined by the legislation of Georgia shall have the right to file a complaint with the court concerning the appointment/election of a member of the CEC/DEC within the time frame defined by this Law.

6. A representative to the respective DEC of a party/an initiative group of voters with the electoral registration, an organisation with the status of an observer, or a member of a respective DEC or PEC shall have the right to file a claim with the court concerning the appointment/election of a PEC member within the time limit determined by this Law.

7. A party with the electoral registration, an organisation with the status of an observer, or a member of an appropriate or higher election commission, whose term of office has been prematurely terminated, shall have the right to file a claim with the court with respect to the ordinance of an election commission and its chairperson on the premature termination of the term of office of a member of an election commission or a head officer of an election commission, as well as due to failure to adopt a decision of premature termination of the term of office (when there exists a basis provided for by Article 13 of this Law), within the time limit determined by this Law.

8. A member of the CEC, a representative to the CEC of a political party with the electoral registration, an organisation with the status of an observer, or more than half the members of an election commission whose term of office has been prematurely terminated under the ordinance shall have the right to file a claim with the court in respect of the ordinance of the CEC on the premature termination of the term of office of a subordinate election commission, as well as due to the failure to adopt a decision on the premature termination of the term of office.

9. The CEC shall have the right to file a complaint with the court concerning the failure to fulfil the obligations determined by Article 59(2) of this Law within 10 days after the expiration of the time limit provided for by the same paragraph.

10. The following entities shall have the right to file a claim with the court because of the registration of a party, an initiative group of voters, and their representatives:

a) a party, a representative of an initiative group of voters to the CEC (during the elections of the Mayor of Tbilisi) if the CEC chairperson has not registered the party, the initiative group of voters or their representatives, or cancelled their registration;

b) a party, a representative of an initiative group of voters to a respective DEC (during the elections of a municipality representative body – the Sakrebulo and the Mayor (except for Tbilisi city)) if the DEC chairperson/secretary has not registered the initiative group of voters/their representatives, or cancelled their registration;

 c) a party, the representative of an initiative group of voters to the CEC (during the elections of the Mayor of Tbilisi), and not less than 2 persons with the status of an observer (that were appointed as observers to the CEC) if they believe that the party was registered in violation of the requirements of the electoral legislation of Georgia;

d) a party, a representative of an initiative group of voters to a respective DEC (during the elections of a municipality representative body – the Sakrebulo and the Mayor (except for Tbilisi city)), and not less than 2 persons with the status of an observer (that were appointed as observers in a respective electoral district) if they believe that the initiative group of voters was registered in violation of the requirements of the electoral legislation of Georgia.

11. The following entities shall have the right to file a claim with the court because of an ordinance of an election commission chairperson on the registration of the party list submitted by a party running in elections, of individual candidates entered into the party list, of a candidate nominated in a single-seat electoral district, and of a candidate for Mayor:

a) a party running in elections, a majoritarian candidate, the representative of an initiative group of voters to a respective DEC (during the elections of a municipality representative body Sakrebulo) if the CEC Chairperson has not registered a candidate for Mayor of Tbilisi, the party list submitted by a party, individual candidates entered into the list; and if the chairperson of a DEC has not registered a party list submitted by a party, individual candidates entered into the party list, candidates nominated by a party/an initiative group of voters during Sakrebulo elections, or the candidates for Mayor nominated by a party during the elections of the Mayor of a self-governing city (except for Tbilisi)/self-governing community, and/or if the chairpersons of the above election commissions cancelled their registration;

b) a party with the electoral registration and running in elections, and at least 2 persons with the status of an observer (that were appointed as observers to the CEC) if they believe that the CEC Chairperson registered a party list, individual candidates entered in the party list, and a candidate for Mayor of Tbilisi in violation of the requirements of the electoral legislation of Georgia; in addition, if individual candidates entered in the party list fail to meet requirements established by the Constitution of Georgia and other legislative acts of Georgia, or such requirements were met in violation of the procedure determined by the legislation of Georgia;

c) a party with the electoral registration and running in elections, the representative of an initiative group of voters to a respective DEC (during the elections of a municipality representative body – the Sakrebulo, and at least 2 persons with the status of an observer (that were appointed as observers to a DEC), if they believe that the DEC chairperson registered a party list, individual candidates nominated under the majoritarian system or entered into the party list, or candidates for Mayor of a self-governing city (except for Tbilisi city)/a self-governing community in violation of the requirements of the electoral legislation of Georgia; in addition, if individual candidates nominated under the majoritarian system or entered into the party list fail to meet requirements established by the Constitution of Georgia and other legislative acts of Georgia, or such requirements were met in violation of the procedure established by the legislation of Georgia.

12. The following entities shall have the right to file a claim with the court concerning a CEC ordinance for the registration of domestic and international observer organisations: the aforementioned organisation if the CEC failed to register it, a party with the electoral registration, and a registered organisation with the status of an observer if they believe that the observer organisation was registered in violation of the electoral legislation of Georgia.

13. The following entities shall have the right to file a claim with the court concerning a DEC ordinance for the registration of a domestic observer organisation: the aforementioned organisation if the CEC failed to register it, a representative to the DEC of a party with the electoral registration/of a registered initiative group of voters, a registered organisation with the status of an observer, if they believe that the observer organisation was registered in violation of the electoral legislation of Georgia.

14. The following entities shall have the right to file a claim with the court because of an ordinance by the CEC/DEC secretary on the accreditation of representatives of press and other media: the representative of press and other media, whose application for accreditation was not satisfied by the election commission; a party with an electoral registration/the representative of an initiative group of voters to an appropriate election commission, or an organisation with the status of an observer.

15. The following entities shall have the right to file a claim with the court because of the actions determined by Article 52(1) of this Law:

a) a party, an organisation with the status of an observer, and an election commission if the claim concerns the violation of the above procedure by a party or a candidate for the Mayor of Tbilisi;

b) a party, the representative of an initiative group of voters to a respective DEC (during the elections of a municipality representative body – the Sakrebulo, a majoritarian candidate, a candidate for Mayor, an organisation with the status of an observer, an election commission, if the claim concerns a violation of the above procedure by a candidate nominated in the electoral district.

Note: an entity defined by this paragraph shall be entitled to refer to the court on its own regarding the issue provided for herein. An application/complaint filed by the entity to submit such a request to another authority shall not be subject to consideration.

16. An entity determined by the legislation of Georgia shall have the right to file a complaint concerning a violation of the provisions of Article 51(3) and Article 56(1)-(4) of this Law by press and other media.

17. If the provisions of Article 53 of this Law are violated, the following entities shall have the right to file a claim with the court because of an ordinance of an election commission chairperson: a party or an initiative group of voters nominating a candidate, the candidate with regard to whom the ordinance was issued, a representative to the CEC of any other party with electoral registration, an organisation with the status of an observer, a representative of an initiative group of voters to the DEC (in the case of a majoritarian candidate) if the election commission does not confirm the above violation.

18. A complaint concerning the issues referred to in paragraph 17 of this article shall be filed with the respective district/city court not later than the day following polling day. The court shall deliver its decision not later than the day following the filing of the complaint. The court decision of the district/city court may be appealed to the Court of Appeals not later than the day following  the delivery of the decision, and the Court of Appeals shall deliver its decision not later than the day following the filing of the appeal.

19. In the case of appealing a PEC summary protocol, the following entities have the right to file a claim with the court concerning the respective ordinance of a higher DEC: a party with the electoral registration, the initiative group of voters or their representative to a respective DEC, and an organisation with the status of an observer.

20. The following entities shall have the right to file a claim with the court concerning a DEC ordinance on declaring voting results valid or invalid in an electoral precinct: a party, an initiative group of voters or their representative to a respective DEC, a majoritarian candidate, a candidate for the Mayor of a self-governing city/self-governing community, and the observer of an organisation with the status of an observer at a respective DEC.

21. The following entities shall have the right to file a claim with the court because of a CEC ordinance on declaring elections valid or invalid: a party running in elections, a representative of an initiative group of voters to a DEC (in case of an electoral district), a majoritarian candidate, a candidate for the Mayor of a self-governing city/self-governing community, and an organisation with the status of an observer.

22. If a DEC summary protocol is appealed, the following entities shall have the right to file a claim with the court because of a respective CEC ordinance on the appeal: a party running in elections, the representative of an initiative group of voters to a DEC, a majoritarian candidate, a Mayoral candidate of a self-governing city/self-governing community, and an organisation with the status of an observer.

23. The following entities shall have the right to file a claim with the court because of a CEC summary protocol of election results: a party running in elections, a candidate for the Mayor of Tbilisi, a majoritarian candidate (during the elections of Tbilisi municipality Sakrebulo), and an organisation with the status of an observer.

 

Chapter XIV – Liability for Violation of Electoral Legislation of Georgia

 

Article 94 – Legal proceedings in cases of administrative offences provided for by this Chapter

1. In cases of administrative offences provided for by this Chapter, legal proceedings shall be conducted in accordance with the Administrative Offences Code of Georgia, unless otherwise established by this Law.

2. The CEC Chairperson, as well as persons authorised by the CEC and respective DECs (officials), shall draw up the protocols of administrative offences provided for by Articles 95(1), 97 and 102-109 of this Law.

3. In the case of failure to follow police instructions to prevent an administrative offence as provided for by Article 95(2) of this Law, a protocol of an 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. The GNCC shall draw up protocols of administrative offences as provided for by Articles 98 and 99(2)-(4) of this Law, unless the preparation of a relevant protocol leads to the origination of the liability of the electoral subject.

5. The Chairperson of the CEC shall draw up the protocols of the administrative offences provided for by Article 99(1) and (3) of this Law (in the case of imposing a penalty on an electoral subject) based on a substantiated application by the GNCC and submitted materials.

6. The State Audit Office shall draw up protocols of administrative offences as provided for by Articles 100 and 101 of this Law.

7. A relevant municipal executive body or a person authorised thereby shall draw up protocols of administrative offences concerning the illegal removal, tearing off, covering, or damaging of election posters, in the terms of the administrative offences provided for by Article 96 of this Law.

8. The authorised body referred to in paragraph 2 of this article shall make a decision on drawing up a protocol of an administrative offence as provided for by the same paragraph within 10 days, and the time limit for identifying/making a decision on the administrative offence by a court shall not exceed 10 days after submitting the respective protocol to the court. The authorised body (official) defined by paragraph 2 of this article shall make the decision to draw up a protocol of an administrative offence as provided for by Article 104 of this Law during a non-election period, and also when the administrative offence was committed before the respective elections are called, within a period of 30 calendar days.

9. The authorised body provided for by paragraph 4 of this article shall consider the issue of drawing up a protocol of an administrative offence as provided for by the same paragraph and shall make a decision at a public session within 2 days after the identification of the administrative offence, in accordance with the procedure established thereby. In addition, the absence of an offender at the court hearing shall not hinder the making of a decision. After making a decision by the authorised body specified in paragraph 4 of this article, the authorised person designated by him/her shall draw up a protocol of the administrative offence in accordance with Article 240(22²) of the Administrative Offences Code of Georgia within the time frame established by this paragraph. The deadline for the court to establish the fact of an administrative offence/the making of a decision shall not exceed two days after the submission of the relevant protocol to the court.

10. The authorised body specified in paragraph 5 of this article shall make a decision on drawing up a protocol of an administrative offence as provided for by the same paragraph within two days after receiving the relevant substantiated application, and the deadline for the court to identify/make a decision on the fact of administrative offence shall not exceed 2 days after the submission of the relevant protocol to the court.

11. A decision made by a person having the right to draw up a protocol of an administrative offence, who is authorised by the Electoral Administration of Georgia in accordance with this Law, or by the CEC chairperson on refusing to draw up the protocol of an administrative offence with regard to a violation of the electoral legislation of Georgia, may be appealed to court within 2 calendar days after it is made. The court shall consider the complaint within 10 calendar days after it is received. The court shall, as the result of its consideration of the case, make a resolution to impose an administrative penalty or refuse to satisfy the complaint.

 

Article 95 – Participation in pre-election campaigning in violation of the requirements of this Law

1. Participation in pre-election campaigning in violation of the requirements of this Law, – shall be subject to a fine of GEL 2 000.

 2. A violation of the requirement of Article 50(12) of this Law –

shall be subject to a fine of GEL 2 000.

 

Article 96 – Hindering the dissemination of pre-election appeals and materials

1. Under this Law, hindering the dissemination of, or the seizure of, election appeals, statements, signboards, papers, photographs, and other materials, as well as the seizure of or hindering the use of motor vehicles or other means of transportation equipped with special devices designated for election campaigning, shall be subject to a fine of GEL 1 000.

2. The same action conducted by officials –

shall be subject to a fine of GEL 2 000.

 

Article 97 – Conduct of election campaigning in institutions where such activities are prohibited

 The conduct of election campaigning in institutions where such activities are prohibited by this Law and the issue of a permit for such activities by an authorised person –

shall be subject to a fine of GEL 1 000.

 

Article 98 – Violation of procedures for publishing election-related public opinion poll results

The publication of the results of a public opinion poll conducted in relation to elections without the required information within the time frame determined by law, or any violation of other procedures related to publication, –

shall result in the imposition of a penalty on the broadcaster in the amount of GEL 5 000, and on other means of media in the amount of GEL 1 500.

 

Article 99 – Production and placement of political/pre-election advertising in violation of statutory requirements

1. Any violation of the requirements established by this Law regarding canvassing, production/placement of political/pre-election advertisements, except for cases provided for by paragraphs 2 and 3 of this article, shall result in the imposition of a penalty on the relevant political party not exceeding the amount of the tariff determined for the time of placing the advertisement, and a violation of the requirement established by Article 57(12) of this Law shall result in the imposition of a penalty on the relevant political party not exceeding twice the amount of the tariff established for the time of placing the advertisement. If the penalty is due to the placement of a free advertisement, the amount of the penalty shall be calculated in the amount of not more than double the tariff set by the relevant broadcaster for the placement of a paid advertisement.

2. A violation of the requirement established by Article 57(13) or (14) of this Law shall result in the imposition of a penalty on the relevant broadcaster not exceeding twice the amount of the tariff established for the time of placing the advertisement. If the penalty is due to the placement of a free advertisement, the amount of the penalty shall be calculated in the amount of not more than double the tariff set by the relevant broadcaster for the placement of a paid advertisement. A violation of the requirement established by Article 56(1)(b)-(d) or (2) of this Law or the non-fulfilment of other obligations established by Article 57 of this Law shall result in the imposition of a penalty in the amount of GEL 5 000 on the relevant broadcaster.

3. Carrying out automated telephone calls and sending short text messages as provided for by Article 57(11) of this Law shall result in the imposition of a penalty on the relevant political party and the landline or mobile communication network operator in the amount of not more than double the fee paid for the relevant service.

4. A violation of the requirement established by Article 56(3) of this Law shall result in the imposition of a penalty in the amount of GEL 1 500 on the newspaper (print media).

 

Article 100 – Liability of electoral subjects for violating the Organic Law of Georgia on Political Associations of Citizens

1. Electoral subjects shall be liable for violating the Organic Law of Georgia on Political Associations of Citizens, and for an act aimed to evade statutory requirements for funding political activities.

2. The liability referred to in paragraph 1 of this article shall be imposed by the Organic Law of Georgia on Political Associations of Citizens and in accordance with procedures established by this Law.

 

Article 101 – Non-compliance with the requirements established by law on the limitation of election campaign expenses and accountability

1. Failure to comply with the statutory obligation to submit a report for an election campaign fund and/or submitting a report for an election campaign fund with inaccurate data shall be subject to a warning or a penalty imposed on an independent candidate, in the amount of GEL 1 000, and on a political party in the amount of GEL 5 000.

2. A violation of the requirement established by Article 60(7) or (8) of this Law shall result in the imposition of a penalty double the amount of the excess fee.

3. Repeated conduct of the actions provided for by this article in the same elections shall result in the imposition of a penalty in the amount of double the penalty established by the relevant paragraph, and the repeated conduct of the same actions after receiving a warning, shall result in the imposition of a penalty in the amount established by the relevant paragraph.

4. The liability provided for by this article may be imposed on a person within 6 years after the commission of the relevant action.

 

Article 102 – Refusal to submit materials and data to the election, referendum, or plebiscite commissions or failure to comply with their decisions

A refusal to submit all required materials and data to election, referendum, or plebiscite commissions or the failure to comply with their decisions, –

shall be subject to a penalty imposed on the respective official in the amount of GEL 1 000.

 

Article 103 – Altering data entered into the summary protocols of polling and election results

If any alteration to the data entered in the summary protocols of polling and election results is not confirmed by the amendment protocol drawn up by the election commission concerned, the chairperson and/or secretary of the election commission shall each be penalised in the amount of GEL 500.

 

Article 104 – Violation of statutory requirements when using administrative resources, or using an official position or employment status during canvassing and election campaigning

1. A violation of the requirements established by this Law when using administrative resources or using an official position or employment status during canvassing and election campaigning , –

shall be subject to a fine of GEL 2 000 to GEL 4 000.

2. The liability provided for by this article may be imposed on a person within 3 years after the commission of the relevant action.

 

Article 105 – Failure to issue copies of summary protocols of elections, referenda, or plebiscites

The non-issuance of copies of the summary protocols of elections, referenda, or plebiscites , –

shall be subject to a penalty imposed on the respective election commission chairperson and/or secretary in the amount of GEL 1 000.

 

Article 106 – Hindering a person authorised to be present at a polling station in making notes in the log-book

Hindering a person authorised to be present at a polling station in making notes in the log-book , –

shall be subject to a penalty imposed on the respective persons in the amount of GEL 500.

 

Article 107 – Restriction of the rights of observers, electoral subjects, and media representatives

Any restriction of the rights referred to in this Law of domestic/international observers, electoral subjects, and media representatives, or any hindering of their activities,  –

shall be subject to a penalty imposed on the respective persons in the amount of GEL 500.

 

Article 108 – Interference with the functions and activities of an election commission

 Interference with the functions and activities of an election commission , –

shall be subject to a penalty imposed on the respective persons in the amount of GEL 2 000.

 

Article 109 – Violation of duties and requirements by observers, electoral subjects, and media representatives

Any violation of the requirements referred to in Article 46(2)(b)-(d) of this Law by an observer, electoral subject, or media representative, –

shall be subject to a penalty imposed on the respective persons in the amount of GEL 500.

 

Article 110 – Liability for failure by a broadcaster to deliver and publish information

Failure by the relevant broadcaster to comply with the request to provide airtime tariffs and changed tariffs to the GNCC not later than five calendar days from the 60^th day before polling, as well as non-fulfilment of the request established by Article 56(1)(a) of this Law, shall result in the imposition by the GNCC of administrative liability on the broadcaster as provided for by the Law of Georgia on Broadcasting.

 

Title II – Special Part

Chapter XV – Presidential Elections of Georgia

 

Article 111 – Presidential Elections of Georgia

The President of Georgia shall be elected by the Election Panel based on non-debate voting, by open ballot, for a term of five years. The same person may be elected as President of Georgia only twice.

 

Article 112 – Holding regular presidential elections of Georgia

1. Regular presidential elections of Georgia shall be held in October of the calendar year when the term of office of the President of Georgia is to expire.

2. The date of regular presidential elections of Georgia shall be determined by the Parliament of Georgia 60 days before election day. If the date of the presidential elections of Georgia coincides with the month of elections of the Parliament of Georgia, or with the previous month, the presidential elections of Georgia shall be held within 45 days after the first session of the newly elected Parliament is held.

3. If the presidential elections of Georgia coincide with a state of emergency or martial law, the presidential elections of Georgia shall be held within 45 days after the said situation is lifted.

4. The Parliament of Georgia shall ensure the conduct of the presidential elections of Georgia through the CEC.

5. A notice about the calling of elections for  the President of Georgia shall be published on the official websites of the Parliament of Georgia and the CEC not later than the day following the day when the elections are called.

 

Article 113 – Passive suffrage

A citizen of Georgia from 40 years of age with the right to vote, who has lived in Georgia for at least 15 years, may be elected as the President of Georgia.

 

Article 114 – Right to nominate a candidate for President of Georgia

Not less than 30 members of the Election Panel shall have the right to nominate a candidate for the President of Georgia.

 

Article 115 – Procedures for nominating a candidate for President of Georgia

1. One member of the Election Panel may vote for the nomination of only one candidate for the President of Georgia.

2. In order to nominate a candidate for President of Georgia, not less than 30 members of the Election Panel shall, after the approval of the composition of the Election Panel but not later than the 30^th day before the election day, submit an application to the CEC.

3. The application shall include the following information about a candidate for the President of Georgia:

a) first and last name;

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 database);

f) personal number of a citizen of Georgia;

g) party membership;

h) period of residence in Georgia;

i) first and last names of the Election Panel members nominating the candidate and first and last names of their representatives, their personal number of a citizen of Georgia, position, contact telephone number and other details (if any).

4. The application shall be attached with a written consent of a candidate for the President of Georgia to run in elections, a certificate on the deprivation of the right and 3 photographs.

5. The application shall also be attached with a letter by a candidate for the President of Georgia that he/she is not at the same time a foreign citizen. If a candidate for the President of Georgia is at the same time a foreign citizen, the application shall be attached with a document that proves that the candidate for the President of Georgia has applied to the authorised body of a respective foreign country to renounce the citizenship of that country.

6. The application shall be signed by all members of the Election Panel nominating a candidate for the President of Georgia.

 

Article 116 – Registration of a candidate for the President of Georgia

1. A candidate for the President of Georgia shall be registered by the CEC, by an ordinance, not later than the 20^th day before election day.

2. The CEC ordinance on the registration of a candidate for the President of Georgia shall be submitted to the Parliament of Georgia within three days after it is adopted.

3. The CEC chairperson shall grant an appropriate certificate to a candidate for the President of Georgia within three days after the registration.

4. If the documentation submitted by the Election Panel is incomplete or fails to comply with requirements established by this Law, the CEC chairperson shall identify the deficiency not later than the day following the day of the submission of an application, and a representative of the Election Panel shall be given three days to rectify the deficiency. If the deficiency is not rectified within the set time limit a candidate for the President of Georgia and his/her representative shall be refused registration by a CEC ordinance.

5. The CEC shall not register a candidate for the President of Georgia if the requirements and procedures established by this Law have been violated.

6. The CEC ordinance on the registration/refusal of the registration of a candidate for the President of Georgia may only be appealed by the respective member/members of the Election Panel, and/or by a person nominated as a candidate for the President of Georgia in accordance with the procedure established by Article 92(4) of this Law.

7. The Parliament of Georgia and the CEC shall, not later than the 6^th day after a candidate for the President of Georgia is registered, publish on their official websites a notice about the registration of the candidate for the President of Georgia indicating his/her first and last name, date of birth, position (occupation), and place of employment.

8. A candidate for the President of Georgia shall have the right, at any time, except for cases provided for by paragraph 9 of this article, not later than the 3rd day before polling day, withdraw his/her candidacy. To this effect, he/she shall file a written application to the CEC.

9. A candidate for the President of Georgia running in the second round of the presidential elections of Georgia may not withdraw his/her candidacy.

 

Article 117 – Guarantees for the activity of a candidate for the President of Georgia

1. A candidate for the President of Georgia shall not be dismissed from office or transferred to another job or another position without his/her consent.

2. A candidate for the President of Georgia shall not be arrested, detained, or searched until the final results of elections are officially announced if the CEC does not give consent to the submission of the Prosecutor General of Georgia. An exception shall be where a candidate is caught in the act of committing a crime, which shall be immediately reported to the CEC. If the CEC adopts an appropriate ordinance, an arrested or detained candidate for the President of Georgia shall immediately be released.

3. The CEC ordinance on giving the consent referred to in this article shall be put to vote within three calendar days after the application of the Prosecutor General of Georgia is received.

 

Article 118 – The Election Panel

1. The Election Panel shall be comprised of 300 members.

2. The Election Panel shall consist of:

a) all members of the Parliament of Georgia;

b) all members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara;

c) members of municipality representative bodies – the Sakrebulos that were nominated by appropriate political parties in accordance with this Law.

 

Article 119 – Nomination of Election Panel members by political parties from among the members of municipality representative bodies – the Sakrebulos

1. Political parties shall nominate the members of the Election Panel from among the members of municipality representative bodies – the Sakrebulos in accordance with quotas assigned thereto.

2. Quotas shall be defined by adhering to the proportional geographic representation principle, and according to the proportion of the results of elections of municipality bodies held under the proportional system.

3. In accordance with the results of the elections of municipality bodies held under the proportional system, the quotas shall be defined according to the following formula: P=A*B/C, where:

a) ‘P’ is the amount of quota designated to an authorised political party, which is an obtained integer;

b) ‘A’ is the number of votes received by a political party, which has received at least 1 % of valid votes based on the results of the last elections of municipality bodies held under the proportional system countrywide;

c) ‘B’ is the number obtained by the deduction from 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 Ajara, and all members of the Election Panel;

d) ‘C’ is the sum of the valid votes of parties running in the last elections of municipality bodies held under the proportional system that have received at least 1 % of votes countrywide.

4. If the sum of quotas to be received by authorised parties as determined by this article is less than ‘B’, the undistributed quotas shall be assigned to authorised parties based on the sequence of their election results.

5. A party shall, based on quota assigned thereto, nominate the Election Panel members from among Sakrebulos elected within the territory of the Autonomous Republic of Ajara, the territory of Tbilisi city and the territory of the operation of a state representative, by adhering to the principle of proportional geographic representation.

6. Not later the 2nd day after calling presidential elections of Georgia, the CEC shall approve, by an ordinance, the schedule (time limits) for conducting activities related to the election of the President of Georgia, and quotas defined in this article as of the day of calling elections.

7. The membership of the Election Panel shall be approved by the CEC, by an ordinance, not later than the 40^th day before the election day.

8. For the approval of the composition of the Election Panel:

a) the Parliament of Georgia, and the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara, shall, within 7 days after calling elections, submit to the CEC the first and last names, and personal numbers of all members of the Parliament of Georgia and the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara;

b) political parties authorised in accordance with this Law shall, according to quotas defined by the CEC, within 10 days after calling elections, present the first and last name, and personal number of a person nominated as a member of the Election Panel, and the name of a municipality representative body Sakrebulo, a member of which the aforementioned person is, as well as the written consent of the nominated person;

c) a person nominated as a member of the Election Panel in accordance with subparagraph (b) of this paragraph shall not be considered as a member of the Election Panel if he/she fails to meet requirements established by the Constitution of Georgia and this Law, which shall be notified to a political party within 2 days (with the indication of deficiency), and it shall be given 3 days to rectify the deficiency;

d) an authorised party may replace a person nominated as a member of the Election Panel only in cases provided for by law regarding the premature termination of the term of office of that person as a member of a Sakrebulo;

e) after a member of the Parliament of Georgia, and a member of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara, are nominated to the Election Panel, and his/her term of office is early terminated, and if his/her replacement cannot be identified before the presidential elections of Georgia, or if an authorised political party failed to use quota within the period determined by this Law, or the number of the nominated members of the Election Panel was less than the set quota, in such a case, to fill up the number of the Election Panel members to 300, by a decision of the CEC, the set quotas shall be changed and the unused vacancies shall be distributed between other authorised political parties based on the sequence of election results.

 

Article 120 – Holding the elections of President of Georgia; first and second rounds of elections, re-run elections and extraordinary elections

1. The presidential elections of Georgia shall be held in the palace of the Parliament of Georgia from 9:00 a.m. of the election day, and it shall end at 2:00 p.m. or any time of the same day if voted for by all members of the Election Panel.

2. Only the members of the Election Panel, persons invited by the Chairperson of the Parliament of Georgia, the members of the CEC, and the respective authorised representatives of the Parliament of Georgia and the Office of the CEC shall have the right to be present at the presidential elections of Georgia. The election of the President of Georgia shall be broadcast live on the air of the Public Broadcaster.

3. For the presidential elections of Georgia, the first and last name of a candidate for the President of Georgia shall be indicated in a ballot paper. The text and the form of the ballot paper shall be determined by the CEC, by an ordinance.

4. For the presidential elections of Georgia, the CEC shall print ballot papers and forward them to the members of the Election Panel, as well as print the list of the members of the Election Panel, seal and unseal the ballot box, count votes and draw up the summary protocol of election results.

5. The members of the Election Panel shall confirm the receipt of ballot papers by signing the list of the members of the Election Panel, after which they shall circle only one candidate of their interest, and shall place ballot papers into a pre-sealed transparent ballot box.

6. A ballot paper shall be deemed invalid if:

a) it is of an unknown sample;

b) it is impossible to identify for which candidate a member of the Election Panel voted;

c) a member of the Election Panel voted for more than one candidate;

d) it is impossible to identify who has cast his/her vote.

7. A candidate who receives at least two-thirds of the votes of all members of the Election Panel shall be considered as elected in the first round of elections.

8. If the President of Georgia is not elected in the first round of elections, the Chairperson of the Parliament of Georgia shall call the second round of the Presidential Elections of Georgia on the same day or not later than 7 days after the first round was held.

9. The two candidates with the best results in the first round shall be voted for in the second round. If more than two candidates have the best results, the participants of the second round shall be identified based on who of the candidates with equal results was registered earlier as a candidate for the President of Georgia.

10. A candidate who receives more votes shall be considered as elected in the second round of elections. If candidates receive an equal number of votes in the second round of elections, the candidate who received more votes in the first round shall be considered as elected.

11. The first and second rounds of elections shall be considered as valid if more than half of all members of the Election Panel participate therein.

12. If elections are declared invalid or if the President of Georgia is not elected by the Election Panel, re-run elections for the President of Georgia shall be held within 30 days.

13. The date of re-run presidential elections of Georgia shall be fixed by the Chairperson of the Parliament of Georgia within 3 days after an appropriate situation occurs.

14. If the term of office of the President of Georgia is prematurely terminated, re-run presidential elections of Georgia shall be held within 45 days after the termination of the term of office.

15. Extraordinary presidential elections of Georgia shall be called by the Parliament of Georgia within 10 days after the premature termination of the term of office of the President of Georgia.

16. If the presidential elections of Georgia and the elections of the Parliament of Georgia are held simultaneously or in the previous month, and if the re-run elections and extraordinary presidential elections of Georgia are scheduled, elections shall be held in accordance with the procedure established by this Law for holding the regular presidential elections of Georgia. During re-run elections and extraordinary presidential elections of Georgia, election procedures shall be performed, instead of the time limits set by this Law for holding regular presidential elections of Georgia, not later than the 2^nd day after calling elections, in accordance with time limits defined by a CEC ordinance.

17. If during the regular presidential elections of Georgia it is impossible to meet certain requirements/time limits established by this Law, election procedures shall be carried out, instead of time limits set by this Law, not later than the 2nd day after calling elections, in accordance with the time limits defined by a CEC ordinance.

 

Article 121 – Summarising election results

1. The results of the presidential elections of Georgia shall be prepared and summarised by the CEC immediately after the elections are completed, at a CEC meeting, which shall be held at the palace of the Parliament of Georgia.

2. The following information shall be specified in the summary protocol of the presidential election results of Georgia:

a) the number of the Election Panel members;

b) the number of the Election Panel members participating in the elections;

c) first and last names of the Election Panel members participating in the elections;

d) the number of the votes received by each of the candidates participating in the elections;

e) information regarding which member of the Election Panel voted for which candidate;

f) the number of invalid ballot papers;

g) the identity of candidates having passed through the second round, 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 presidential election results of Georgia shall be signed by the chairperson and the secretary of the CEC. The protocol may be appealed by a respective member/members of the Election Panel, and/or by a candidate for the President of Georgia in accordance with the procedure and within time limits established by Article 92(4) of this Law.

4. Documentation for holding the presidential elections of Georgia shall be sealed and stored by the CEC at the CEC in accordance with the procedure established by the legislation of Georgia.

5. The summary protocol of the presidential election results of Georgia shall be drawn up in 3 copies, one of which shall be forwarded to the President of Georgia, the second one shall be sent to the Parliament of Georgia, and the third one shall be stored at the CEC.

6. The CEC shall publish a notice about the results of the presidential elections of Georgia on its official website within 2 days after the results of the presidential elections of Georgia are summarised.

7. The powers of the Election Panel set up for the election of the President of Georgia shall be terminated upon the taking of the oath by the President of Georgia elected as a result of the Presidential Elections of Georgia.

 

Chapter XVI – Elections of the Parliament of Georgia

 

Article 122 – Calling the elections of the Parliament of Georgia

1. The regular elections of the Parliament of Georgia shall be held on the last Saturday of October of the calendar year when the term of office of the Parliament of Georgia expires.

2. The date of the regular elections of the Parliament of Georgia shall be fixed 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, elections shall be held not earlier than the 45^th day and not later than the 60^th day after the above situation is lifted. The date of elections shall be fixed by the President of Georgia upon the lifting of the state of emergency or martial law.

4. The notice about calling the parliamentary elections 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 elections.

 

Article 123 – Procedure for election and terms of powers of the Parliament of Georgia

1. One hundred and fifty Members of the Parliament of Georgia shall be elected in a unified multi-seat electoral district based on the proportional electoral system.

2. The term of the elected Parliament of Georgia shall be four years.

 

Article 124 – Passive suffrage

1. A citizen of Georgia with the right to vote, who turned 25 years old before polling day or turns 25 years old on polling day, and who has lived in Georgia at least 10 years, may be elected as a Member of the Parliament of Georgia.

2. A person who has been imprisoned may not be elected as a Member of Parliament.

3. A political party registered in accordance with the procedure established by law, which has an MP elected based on its nomination by the time of calling of elections, or whose support is confirmed by not less than 25 000 signatures, in accordance with the procedure established by this Law, shall have the right to run in the elections of the Parliament of Georgia.

 

Article 125 – Incompatibility of the status of a candidate for an MP of Georgia with his/her official capacity

1. The following officials shall resign and shall be dismissed from their positions not later than the second day after filing an application to the CEC for registration as a candidate for an MP of Georgia:

a) the President of Georgia;

b) the ministers of Georgia (except for the Prime Minister of Georgia), as well as the ministers of Autonomous Republics, the heads of governmental establishments and state sub-agencies and their deputies;

c) the members of the Council of the National Bank of Georgia;

d) the Auditor General and his/her deputies;

e) state representatives and their deputies;

f) the chairpersons of the municipality representative bodies – the Sakrebulos, and municipality executive bodies – mayors;

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 advisers of the President of Georgia;

k) the members of the High Council of Justice of Georgia;

l) prosecutors, their deputies, assistants, and investigators;

m) members of the GNCC and the GNEWSRC;

2. An appropriate legal act on the resignation and dismissal of an official referred to in paragraph 1 of this article shall be immediately submitted to the respective election commission. Otherwise, the person shall be refused to be registered as a candidate for an MP of Georgia, and if registration has been performed, it shall be cancelled.

 

Article 126 – Release of candidates for MP of Georgia from official duties

A candidate for an MP of Georgia shall be granted unpaid leave and dismissed for the period of an election campaign based on his/her application and an appropriate certificate.

 

Article 127 – Immunity of candidates for MP of Georgia

1. A candidate for an MP of Georgia shall not be detained, arrested, or searched until the CEC officially publishes the final election results, while a person announced by the CEC as an elected MP of Georgia shall not be detained, arrested, or searched until a final decision is made on the recognition of his/her authority, unless the CEC approves an application filed by the General Prosecutor of Georgia. An exception shall be where a candidate is caught in the act of committing a crime, which shall be immediately reported to the CEC. If the CEC issues an appropriate ordinance, the detained or arrested candidate for an MP of Georgia shall immediately be released.

2. A CEC ordinance on giving the consent referred to in this article shall be put to a vote within three calendar days after the application of the Prosecutor General of Georgia is received.

 

Chapter XVII – Registration of Electoral Subjects Running in the Elections of the Parliament of Georgia

 

Article 128 – Registration of parties/cancellation of registration

1. In order to be eligible to participate in the parliamentary elections of Georgia, a political party shall apply to the Chairperson of the CEC with an appropriate application signed by its leader (leaders):

a) after the parliamentary elections of Georgia are called, but not later than the 57^th day before the election day, if it has an MP elected based on its nomination;

b) from 1 January to 15 July of the year of the parliamentary elections of Georgia, if the party does not meet the conditions established by subparagraph (a) of this paragraph.

2. An application shall be attached with an extract from the register of political associations of citizens (political parties) issued by the Legal Entity under Public Law operating under 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 CEC, with an indication of a person (persons) authorised to be the head/representative of a political party, and a document evidencing that the political party has a representative in the Parliament of Georgia (if any).

3. The application for registration shall include the following information about a political party:

a) the name that will be indicated in a ballot paper. That name shall correspond to the name and/or its abbreviated version specified in the statute of the party. In addition, the name of the political party may be specified in the application in such a way that individual words, abbreviations and/or punctuation marks could be taken out of the name and/or its abbreviated name specified in the statute of the political party without adding other words, abbreviations and/or punctuation marks. The name, by which the political party has been registered, shall be indicated unchanged in the ballot paper;

b) the first and last name of the leader/leaders of the party, his/her/their personal number of a citizen of Georgia, address (according to an identity card of a citizen of Georgia or the Agency database), contact telephone number, and specimen signature;

c) the first and last name of the representative/representatives, his/her/their personal number of a citizen of Georgia, address (according to an identity card of a citizen of Georgia or the Agency database), and contact telephone number;

d) if there are several leaders, the scope of powers of each leader in relation to the electoral process of the political party.

4. The name and/or its abbreviated name referred to in paragraph 3(a) of this article shall not coincide with the official name and its abbreviated name of another party registered by the Ministry of Justice of Georgia (if it coincides, the party shall not have the right to use that name and its abbreviated name).

5. In the case provided for by paragraph 1(b) of this article, the respective CEC office shall provide a party representative with a sample of the list of supporting voters. The respective CEC office shall check the application and documents attached thereto and shall submit its report to the CEC Chairperson not later than the day after submitting the application.

6. In the case provided for by paragraph 1(a) of this article, the CEC Chairperson shall, not later than the day after submitting the report referred to in paragraph 5 of this article:

a) register the party and its representative for electoral registration if the application submitted and documents attached meet the requirements of this Law;

b) communicate a written notification to a representative of the party about any non-compliance of the submitted application and attached documents with the requirement established by this Law (specifying the details of non-compliance) and give the party representative three days after the receipt of the notification to rectify the application and documents.

7. The rectified application and documents referred to in paragraph 6(b) of this article shall be verified and the decision on the electoral registration shall be made within two days after the submission of the application and documents. If the rectified application and documents meet the requirements of this Law, the CEC Chairperson shall register the party and its representative. Otherwise, the CEC Chairperson shall, within the same time frame, issue an ordinance on the refusal of electoral registration (the ordinance shall specify reasons for the refusal of electoral registration and the applicable provisions of this Law non-compliance with which led to the refusal). A representative of the party shall immediately be notified about the ordinance and it shall be provided to him/her upon request.

8. In the case provided for by paragraph 1(b) of this article, the CEC Chairperson shall, not later than the third day after providing the report referred to in paragraph 5 of this article, notify the party representative in writing about any non-compliance of the application and attached documents with the provisions of this Law (specifying the details of non-compliance). The rectified application and documents shall be returned to the CEC within three days.

9. A party that fails to meet the condition specified in paragraph (1)(a) of this article shall, within 60 days after a sample form of the list of supporters of a party is received, but not later than 1 August, submit to the CEC a list of not less than 25 000 voters supporting the participation of the party in the elections of the Parliament of Georgia. The list of the party supporters shall be verified by an appropriate CEC office in accordance with the procedure and within a time limit established by Article 42 of this Law. During the election period, an appropriate CEC office shall verify the lists of party supporters and shall submit the report to the CEC Chairperson within two days after the lists are submitted.

10. If an application and attached documents (or a rectified application and documents), and the list of supporters provided for by this article are submitted within the time frame determined by this Law and meet the requirements thereof, the CEC Chairperson shall, based on a report of the respective CEC office, register the party and its representative within ten days after the receipt of the report, but not later than the 42nd day before the election day. Otherwise, the CEC Chairperson shall, within the same time frame, issue an ordinance on the refusal of electoral registration (the ordinance shall specify the reasons for the refusal of electoral registration and the applicable provisions of this Law whose non-compliance led to the refusal). A representative of the party shall immediately be notified about the ordinance and it shall be provided to him/her upon request.

11. The CEC shall publish the list of registered parties on its official website in the order of submitting applications, not later than the 30^th day before the election day. It shall also publish the list of parties that have been refused registration or the registration of which has been cancelled, specifying the reasons for the refusal or cancellation.

12. The electoral registration of a party shall be cancelled by the ordinance of the CEC Chairperson if:

a) the party applies for cancellation;

 b) the party is banned by the Constitutional Court of Georgia;

e) the party fails to submit a party list or the submitted party list has not been registered;

f) two days before the election day the number of candidates in the party list is less than the minimum number determined by this Law.

 

Article 129 – Submission of party lists

1. Political parties running in elections shall have the right to submit party lists.

2. Each party running in elections shall have the right to submit one party list.

3. The number of candidates for MP of Georgia in a submitted party list shall not be less than 30 nor more than 200.

4. Only a member of the party in question shall be included in the party list.

5. One and the same person shall not be included in different party lists.

6. The procedure for compiling party lists shall be defined by a party.

7. When compiling a party list, a political party shall have the right to designate a candidate for MP of Georgia included in the party list as a candidate for delegate in any of the 30 districts provided for by the annex to this Law; in particular, a party shall indicate the number of the district along the first and last name of that candidate in the said party list where he/she has been designated as a candidate for delegate. A party shall have no right to designate, for any district, more than one candidate for delegate from that district. A candidate for MP of Georgia may be designated as a candidate for delegate from only one district. If a person has been designated as a candidate for delegate from a district in violation of this paragraph, the CEC Chairperson shall inform an appropriate representative of the party concerned about the non-compliance in writing (indicating the non-compliance) and shall allow a period of 3 days for its elimination. If the non-compliance is not eliminated within that period, the said person shall not be designated as a candidate for delegate from the district. A member of Parliament of Georgia designated as a candidate for delegate from any district shall be deemed as the delegate from that district from the period of the recognition of his/her powers as a member of Parliament of Georgia till the termination of powers if the party, which has designated him/her as a candidate for delegate from the district, receives the majority of the valid votes of voters participating in the respective parliamentary elections of Georgia who have voted within the territory of that district. For the purposes of this paragraph, if two or more than two parties have equally received most of the valid votes of those voters, the preference in that district shall be given to the member of Parliament of Georgia whose party had undergone electoral registration earlier. For the purposes of this paragraph, a district shall be the district defined by the annex to this Law, while a district number shall be the number of the respective district provided for by the same annex.

8. A respective electoral subject shall submit the party list to the CEC Chairperson not later than the 30^th day before the election day. A party list shall be endorsed by the signature (signatures) of the leader (leaders) of a party participating in elections. A party list shall include the following for each candidate for membership of the Parliament of Georgia:

a) a photograph and a photocopy of the identity card of the citizen of Georgia or a photocopy of a passport of a citizen of Georgia;

b) an application filled in and signed by him/her, which shall include the following:

b.a) the consent of the candidate to be voted for by the given party list;

b.b) that the candidate is a member of the party on whose party list he is nominated;

b.c) if a candidate has left another party within the previous 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 that the candidate has lived in Georgia for at least 10 years;

c) a certificate on the deprivation of the right;

d) a drug test certificate that is not confidential and shall be published on the official website of the CEC.

9. A party list shall specify the following information for each candidate:

a) first and last name;

b) personal number of a citizen of Georgia;

c) date of birth (day/month/year);

d) sex;

e) address (according to an identity card of a citizen of Georgia or the Agency database);

e) place of work (if unemployed, ‘unemployed’ shall be indicated);

f) position (occupation);

g) the fact of being a member of the Parliament of Georgia as a result of the last elections.

 

Article 130 – Electoral registration of party lists

1. A party list shall be registered by an ordinance of the CEC Chairperson if all the documents defined in this Law comply with the requirements established by same. If the time limit determined by this Law for the submission of documents is not met, the issue of an electoral registration shall not be reviewed.

2. An appropriate office of the CEC shall verify a party list submitted by a party, and shall, within 10 days after the list is submitted but not later than the 26^th day before the election day, submit its report to the CEC Chairperson, who shall, within 3 days but not later than the 25^th day before the election day:

a) register the party list and the candidates nominated by the party if the submitted party list and documents attached thereto comply with the requirements established by this Law;

b) communicate a written notification to a party representative about any non-compliance of data in the party list and/or the documents attached thereto with the requirements established by this Law (specifying the details of the non-compliance), if any, and give the representative of the party 3 days to rectify the list and documents.

3. The rectified data referred to in paragraph 2(b) of this article shall be verified and the issue of electoral registration shall be resolved within 5 days after the submission of the rectified data but not later than the 20^th day before the election day. If the rectified data comply with the requirements of this Law, the CEC Chairperson shall register the party list or the part of the list that complies with the requirements defined by this Law (if the number of candidates in that part is not less than the required minimum), and the CEC Chairperson shall, within the same time limit, issue an ordinance regarding the refusal of electoral registration for other candidates (the ordinance shall specify the reasons for the refusal of electoral registration and the applicable provisions of this Law non-compliance with which led to the refusal). If in the part of the party list that complies with the requirements of this Law the number of candidates remains less than the required minimum, neither the party list nor the candidates nominated by the party shall be registered and the CEC Chairperson shall, within the aforementioned time limit, issue an ordinance on the refusal of electoral registration (the ordinance shall specify the exact reasons for the refusal of electoral registration and the applicable provisions of this Law non-compliance with which led to the refusal). A representative of the party shall immediately be notified about the ordinance and shall be provided with a copy upon request.

4. Electoral registration shall be refused a candidate for MP of Georgia, and the electoral registration of any registered candidate shall be cancelled by an ordinance of the respective election commission chairperson (in cases referred to in subparagraphs (a)-(g) of this paragraph), or a court decision (in the case referred to in subparagraph (h) of this paragraph), if the applications and documents submitted to the election commission fail to comply with all the requirements established by this Law, or if other conditions defined in the same Law are not met, namely when:

a) the data referred to in applications and documents are incomplete or inaccurate;

b) the candidate entered in the party list is not a member of that party;

c) the candidate entered in the party list is a member of another party registered in accordance with the Organic Law of Georgia on Political Associations of Citizens;

d) a person entered in the party list is the one with respect to whom the Constitutional Court of Georgia has taken a decision as provided for by Article 23(3)(b) of the Organic Law of Georgia on the Constitutional Court of Georgia;

e) the candidate is entered in more than one party list and he/she has given consent to be entered simultaneously in more than one party list;

f) another election is held during the parliamentary election of Georgia and the candidate for an MP of Georgia has given consent to run in that election with the status of a candidate;

g) a candidate did not undergo a drug test.

h) the requirements of Article 52(1) and/or Article 53 of this Law are not met.

5. The ordinance of the CEC chairperson on the refusal of the electoral registration of a party list and candidates for MP of Georgia nominated by a party may be appealed in accordance with the procedure established by Articles 92 and 93 of this Law.

 

Article 131 – Revocation of decisions on the nomination of candidates for MP of Georgia

1. A candidate for MP of Georgia or a party nominating him/her shall have the right, not later than 16 days before polling, to refuse to run in elections or revoke the nominated candidate, for which purpose he/she/it shall submit an application to a respective election commission.

2. A party running in elections shall have the right, after the powers of the elected MPs are recognised, to revoke its decision on the nomination of a candidate for MP remaining on the party list. A party shall not have the right to revoke its decision about nominating a candidate for MP remaining on the party list, when the powers of the MP elected under the same list cease, until the powers of his/her successor are recognised. A candidate for MP nominated by a party shall be withdrawn from the party list by an ordinance of the CEC chairperson, based on an application signed by the party leader, within 3 days after the submission of the application. If the application is not satisfied within that time limit, the candidate for MP shall be deemed withdrawn from the party list from the day following the expiry of the aforementioned period.

3. A candidate for MP of Georgia may withdraw his/her candidacy from a party list after the recognition of the authority of elected MPs by submitting an application to the CEC. The candidacy shall be withdrawn by an ordinance of CEC Chairperson within three days after the submission of the application. If the application is not satisfied within that time limit, the candidate for MP shall be deemed withdrawn from the party list on the day following the expiry of the aforementioned period.

4. The CEC shall immediately publish on its official website information about the removal of an electoral subject or individual candidate from elections.

 

Article 132 – Removal of a person from the party list

A person with respect to whom the Constitutional Court of Georgia has taken a decision provided for by Article 23(3)(e) of the Organic Law of Georgia on the Constitutional Court of Georgia shall be removed from the respective party list.

 

Chapter XVIII – Summarising Results of Parliamentary Elections of Georgia

 

Article 133 – Counting of votes at PECs

A PEC shall summarise polling results and shall enter the results in the summary protocols of polling results. A summary protocol of polling results shall be drawn up according to party lists.

 

Article 134 – Summing up polling results at DECs

1. A DEC shall, based on the PEC protocols and the district/city court decisions, summarise polling results at its session and shall enter the results in the summary protocols of polling results.

2. A DEC shall, based on an application/complaint, make a decision, by an ordinance, to open packages received from PECs and to re-count ballot papers.

 

Article 135 – Summarising election results at the CEC

1. The CEC shall, based on the protocols received from DECs and PECs, and on final court decisions, not later than the 26^th day from the election day, summarise at its session the results of the parliamentary elections of Georgia, and shall draw up a final summary protocol of the results of the parliamentary elections of Georgia.

2. One counterpart of the protocol shall be kept with the CEC; the second counterpart shall be delivered to the Parliament of Georgia, while copies endorsed by the CEC seal shall be delivered to the representatives of electoral subjects.

3. The seats of MPs of Georgia shall be distributed between political parties that received at least 5% of valid votes cast in the elections. The number of the votes of voters participating in the elections shall not include the number of votes recorded on ballot papers declared as void.

4. To determine the number of seats obtained by a political party, the number of votes it has obtained shall be multiplied by 150 and divided by the sum of votes received by all those political parties that received at least 5 % of valid votes cast in the elections. The integer part of the figure obtained shall be the number of seats obtained by a political party. If the sum of the number of seats obtained by political parties is less than 150, the undistributed seats shall be successively awarded to the political parties having better results.

5. If the number of votes received by two or more than two parties appears to be equal, the seat shall be awarded to the political party that was registered with the CEC earlier.

6. Candidates for MP of Georgia whose sequence numbers in the party list are less than or equal to the number of seats obtained by the list shall be deemed elected under the party list. The number of MPs elected under that list shall remain unchanged.

7. If, in elections, polling results have been declared void due to a gross violation of the requirements of this Law in more than half of, or in several electoral districts, in which the total number of voters is more than half of the total number of voters in Georgia, the election results shall be considered as void and the CEC shall call re-run elections.

8. If an application/complaint is submitted for the verification or invalidation of polling results, the CEC shall make a decision, by an ordinance, on opening the sealed packages and re-counting the ballot papers received from the respective PEC, or the CEC shall assign that activity to the respective DEC/special group. If necessary, the CEC shall be authorised to summarise the election results based on the PEC summary protocols.

9. Repeat voting shall be called if the total number of voters in those precincts in which the polling results were declared void is more than 10% of the total number of voters in Georgia. In this case, repeat voting shall be held not later than two weeks after the day of the general election.

10. The summary protocol of final election results shall include: the total number of voters in Georgia; the numbers of electoral districts and electoral precincts in which elections were declared void and repeat voting was not held, and the number of voters in such districts and precincts; the numbers of electoral districts in which re-run elections were called, and the date of re-run elections; the number of participants in the elections, the number of votes received by each electoral subject, the percentage of votes received (five digits following the integer part shall be indicated without rounding) and the number of seats obtained; the list of elected members of the Parliament of Georgia ordered according to electoral subjects nominating MPs with an indication of their party affiliation.

11. Upon drawing up the summary protocols of election results, the CEC shall publish the protocols on its official website. The CEC shall forward the summary protocol of final election results to the Legislative Herald of Georgia which shall publish it within the period of two days.

 

Article 136 – Re-run elections of the Parliament of Georgia

1. If elections are declared invalid, re-run elections shall be held.

2. Re-run elections shall be held within two months after the elections were declared invalid. The date of re-run elections shall be called by the CEC by an ordinance and the time limits for election activities shall be determined by the CEC by an ordinance not later than 7 days after elections were declared invalid.

3. If elections are declared valid but none of the parties have received 5% the votes of voters participating in the elections, re-run voting shall be held on the basis of a CEC ordinance, within two weeks after summarising election results.

4. Only the parties that have received not less than 2% of votes in general elections shall have the right to participate in re-run voting. The party lists of parties participating in the re-run voting shall remain unchanged. Changes in the lists may be made only in accordance with the general procedures established by this Law.

 

Article 137 – Extraordinary elections of the Parliament of Georgia

If the Parliament of Georgia is prematurely dissolved, the extraordinary elections of the Parliament of Georgia shall be held not earlier than the 45^th day and not later than the 60^th day after the premature dissolution of the Parliament. The date of the extraordinary elections of the Parliament of Georgia shall be called by the President of Georgia upon the entering into force of an edict on the premature dissolution of the Parliament of Georgia.

 

Article 138 – Procedure for replacing an MP of Georgia who withdraws

1. If an MP of Georgia who was elected under the party list of a party independently running in the elections withdraws, his/her seat shall be occupied by the next successful candidate for MP in the party list within one month, provided that the candidate gives his/her consent within 15 days of the vacancy. Otherwise, the vacancy shall be taken by the next successful candidate in the list, and so on. If there is no candidate remaining in the party list, the seat of the MP of Georgia shall be cancelled.

2. After the Parliament of Georgia recognises the authority of MPs, the status of a candidate for MP shall be suspended for the persons remaining in the party lists. Immediately after the pre-term termination of powers of an MP elected under the party list, the status of a candidate for MP shall be reinstated to the person who is the successor of that MP in accordance with this article.

 

Chapter XIX – Elections of Municipality Bodies

 

Article 139 – Calling elections of a municipality representative body – the Sakrebulo, of a Mayor of a self-governing city/community

1. The regular elections of a municipality representative body – the Sakrebulo, and of the Mayor of a self-governing city/self-governing community shall be conducted on the first Saturday in October of the regular elections.

2. The regular elections of the municipality representative body – 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 60 days before the regular elections.

3. The elections of the municipality representative body – the Sakrebulo and of the Mayor of a self-governing city/self-governing community shall not be held during a state of emergency or martial law. If the date for holding elections coincides with the state of emergency or martial law, the elections shall be held on the 60^th day after the state of emergency or martial law is lifted.

4. Information about calling the elections of a municipality representative body – the Sakrebulo, a Mayor of a self-governing city/community, shall be published on the CEC official website and through the media not later than the next day after the elections are called.

 

Article 140 – Active and passive suffrage

1. A citizen of Georgia, who turned 21 years old before polling day or turns 21 years old on polling day, and has lived in Georgia for at least 6 months, may be elected as a member of a municipality representative body – the Sakrebulo.

2. A citizen of Georgia with the right to vote, who turned 25 years old before polling day or turns 25 years old on polling day, and has lived in Georgia for at least 6 months, may be elected as the 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 a Mayor of a self-governing city/community.

4. The voters of a respective electoral district and local majoritarian electoral district shall participate in the elections of a municipality representative body – the Sakrebulo, a Mayor of a self-governing city/community, by active suffrage.

5. The personnel of the Ministries of Internal Affairs and Defence of Georgia, the State Security Service of Georgia, shall participate in the elections of a municipality representative body – the Sakrebulo and a Mayor of a self-governing city/community, by active suffrage in accordance with the procedure established by Article 35(11) of this Law.

 

Article 141 – Terms of powers of municipality bodies

1. The term of powers of a municipality representative body – the Sakrebulo and the term of office of a municipality executive body – Mayor shall be four years. In extraordinary elections, the Sakrebulo shall be elected for the remaining term of powers of the same Sakrebulo. In extraordinary elections, the member of the Sakrebulo shall be elected for the remaining term of powers of the same Sakrebulo. A member of a Sakrebulo replacing a withdrawn member of Sakrebulo elected under the proportional electoral system shall take the place of the withdrawn member of the Sakrebulo for the remaining term of powers of the same Sakrebulo. In extraordinary elections, a Mayor shall be elected for the remaining term of powers of the respective municipality Sakrebulo.

2. The term of powers/office of a newly elected Sakrebulo and its members shall commence on the 14^th day after the summary protocol/protocols of the final results of the respective elections, which confirms/confirm the election of at least two thirds of the total number of members of that Sakrebulo, are published on the CEC official website. The powers of the current Sakrebulo concerned shall be terminated from that moment. If the summary protocol/protocols of the final results of the newly elected Sakrebulo fails/fail to confirm the election of at least two thirds of the total number of members of the aforementioned Sakrebulo, re-run elections of the respective municipality Sakrebulo shall be called.

3. The term of office of a member of a Sakrebulo elected in by-elections shall commence on the 14^th day after the summary protocol of the final results of the elections, which confirms the election of the aforementioned member of Sakrebulo, is published on the CEC official website.

4. The term of office of a member of Sakrebulo replacing a withdrawn member of Sakrebulo elected through the proportional electoral system shall commence on the 14^th day after an appropriate legal act of the chairperson of a respective electoral commission on recognising his/her replacement is issued, which shall be notified to the respective Sakrebulo.

5. The term of office of a newly elected Mayor shall commence on the 14^th day after the summary protocol of the final results of the respective elections, which confirms the election of that Mayor, is published on the CEC official website. The powers of the current Mayor concerned shall be terminated from that moment.

 

Article 142 – Incompatibility of the status of candidates for members of a municipality representative body – the Sakrebulo, or of Mayoral candidates of a self-governing city/community with their office

1. The term of office of the following officials shall be terminated after being nominated as candidates for members of a municipality representative body – the Sakrebulo, or as Mayoral candidates of a self-governing city/community:

a) the President of Georgia;

b) Ministers of Georgia, and of the Autonomous Republics of Abkhazia and Ajara, heads of governmental establishments and state sub-agencies and their deputies;

c) the member of the Council of the National Bank of Georgia;

d) the Auditor General and his/her deputies;

e) the head of staff of the Parliament of Georgia;

f) state representatives and his/her deputies;

g) officers of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the State Security Service of Georgia, and of the Special State Protection Service of Georgia;

h) judges;

i) the Public Defender of Georgia and his/her deputy;

j) members of the advisory body of the President of Georgia (who are not MPs);

k) assistants of the President of Georgia;

l) members of the Georgian National Energy and Water Supply Regulatory Commission (GNEWSRC) and other national regulatory commissions;

m) prosecutors, their deputies and assistants, and investigators.

2. The powers of the officials referred to in paragraph 1 of this article shall terminate before their nomination as candidates in the respective election commission.

 

Article 143 – Guarantees for participation in the elections of municipality bodies

No employer shall limit the right of an employee to run in the elections of municipality bodies, to become a member of a Sakrebulo, or a Mayor. Any labour contract containing an agreement limiting the right of an employee to exercise the above right shall be void. No employee shall be dismissed, transferred to a lower-paying job or otherwise discriminated against on the above grounds.

 

Chapter XX – Sakrebulo Elections of Self-Governing Communities and Self-Governing Cities (other than Tbilisi)

 

Article 144 – Composition of a municipality representative body – the Sakrebulo

1. The Sakrebulo of a self-governing community shall be composed of 15 members elected under proportional electoral system and one member elected under local majoritarian electoral system.

2. The Sakrebulo of a self-governing city (except for Tbilisi city) shall be composed of 25 members elected under proportional electoral system and 25 members elected under majoritarian electoral system.

3. The CEC (for the elections of the Sakrebulo of Tbilisi and other self-governing cities) and district election commissions shall provide and create local majoritarian electoral districts determined by election commissions during the 2025 elections of municipal bodies according to the state of the local single-seat majoritarian electoral districts.

 

Article 145 – Electoral system

Elections of a municipality representative body – the Sakrebulo shall be held under proportional and majoritarian electoral systems.

 

Article 146 – Suffrage

In the elections to a Sakrebulo of a self-governing city or of a self-governing community, a voter shall have one vote under the proportional electoral system and one vote under the majoritarian electoral system.

 

Article 147 – Ballot Papers

1. Two types of ballots shall be produced for the elections of municipality representative body – the Sakrebulo.

2. A ballot paper designated for the elections of a municipality representative body – the Sakrebulo held under the proportional electoral system shall include the names of parties according to the established sequence.

3. A ballot paper designated for the elections of a municipality representative body – the Sakrebulo to be held under the majoritarian electoral system shall include the sequence number, the first and last name of all candidates nominated for election in a respective local majoritarian district. The name of the party shall be specified along the last name of a candidate nominated by a political party, and the word ‘independent’ shall be specified along the last name of a candidate nominated by an initiative group of voters. Data about a candidate shall be entered into a ballot paper according to the sequence number defined by a respective DEC by casting lots not later than the 10^th day before the election day.

4. A voter shall circle the sequence number of not more than one political party in a ballot paper designated for the elections of a municipality representative body – the Sakrebulo held under the proportional electoral system.

5. In the ballot paper designed for the elections of a municipality representative body – the Sakrebulo to be held under the majoritarian electoral system that includes the data of candidates voters shall circle the sequence number of not more than one candidate.

 

Article 148 – Right to run in the elections of a Sakrebulo

1. A party, and candidates nominated by a party/an initiative group of voters, shall have the right to participate in the elections of the representative body of the municipality – the Sakrebulo if registered by the election commission determined by this Law.

2. Only a party shall have the right to run in the elections to be held under the proportional electoral system, and to obtain the mandate of the representative body of the municipality – the Sakrebulo.

3. A candidate nominated by a part/an initiative group of voters shall have the right to run in the local single-seat majoritarian elections of a municipality representative body  the Sakrebulo.

4. An individual shall not be nominated in more than one single-seat majoritarian electoral district.

 

Article 149 – Registration of parties

1. To obtain the right to run in the elections of a municipality representative body – the Sakrebulo, a party shall submit to the CEC chairperson an appropriate application signed by its leader (leaders):

a) after the Sakrebulo elections are called, but not later than the 57^th day before the election day if it meets one of the following requirements:

a.a) it was registered for the last parliamentary elections;

a.b) it has a representative in the Parliament of Georgia by the date the elections are called;

b) from 1 January to 15 July of the year of the elections of municipality bodies if it fails to meet any of the requirements of subparagraph (a) of this paragraph.

2. A party that fails to meet any of the requirements established by paragraph (1)(a) of this article shall, within 60 days after a sample list of supporting voters is received but not later than 1 August, submit to the CEC the list of not less than 25 000 voters supporting the party in the elections of a municipality representative body – the Sakrebulo. The list of supporters shall be verified by an appropriate CEC office in accordance with the procedure and within the time limit established by Article 42 of this Law. During the election period, an appropriate CEC office shall verify the lists of party supporters and shall submit the report to the CEC Chairperson within two days after the lists are submitted.

3. An application shall be attached with an extract from the register of political associations of citizens (political parties) issued by the Legal Entity under Public Law operating under 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 CEC, with the indication of a person (persons) authorised to be the head/representative of a political party.

4. The application for registration shall include the following information about a political party:

a) the name that will be indicated in a ballot paper. That name shall correspond to the name and/or its abbreviated version specified in the statute of the party. In addition, the name of the political party may be specified in the application in such a way that individual words, abbreviations and/or punctuation marks could be taken out of the name and/or its abbreviated name specified in the statute of the political party without adding other words, abbreviations and/or punctuation marks. The name, by which the political party has been registered, shall be indicated unchanged in the ballot paper;

b) the first and last name of the leader/leaders of the party, his/her/their personal number of a citizen of Georgia, address (according to an identity card of a citizen of Georgia or the Agency database), contact telephone number, and specimen signature;

c) the first and last name of the representative/representatives, his/her/their personal number of a citizen of Georgia, address (according to an identity card of a citizen of Georgia or the Agency database), and contact telephone number;

d) if there are several leaders, the scope of powers of each leader in relation to the electoral process of the political party.

5. The name and the abbreviated name of a political party referred to in paragraph 4(a) of this article shall not coincide with:

a) the official name and its abbreviated name of another party registered by the Ministry of Justice of Georgia (if it coincides, the party shall not have the right to use that name and its abbreviated name);

b) the name and its abbreviated name used by another party in the last parliamentary elections, if there is no consent from such party.

6. The respective CEC office shall check the application and documents attached thereto and shall submit its report to the CEC Chairperson not later than the day after submitting an application to the commission.

7. Not later than the day following the submission of the report referred to in paragraph 6 of this article, the CEC Chairperson shall:

a) register the party and its representative for electoral registration if the application submitted and documents attached meet the requirements of this Law;

b) communicate a written notification to a representative of the party about any non-compliance of the submitted application and attached documents with the requirement established by this Law (specifying the details of non-compliance) and give the party representative three days after the receipt of the notification to rectify the application and documents;

c) in the case provided for by paragraph 2 of this article, decide on the final registration of the party only after verifying the list of supporters.

8. A rectified application and documents provided for by paragraph 7(b) of this article shall be verified and a decision on electoral registration shall be made not later than the following day after their submission. If the rectified application and documents meet the requirements of this Law, the CEC Chairperson shall register the party and its representative (except for the cases provided for by paragraph 2 of this article). Otherwise, the CEC Chairperson shall, within the same time frame, issue an ordinance on the refusal of electoral registration (the ordinance shall specify the reasons for the refusal of electoral registration and the applicable provisions of this Law non-compliance of which led to the refusal). A representative of the party shall immediately be notified about the ordinance and it shall be provided to him/her upon request. These procedures shall be completed at least by the 37^th day before the election day.

9. If an application, attached documents (or a rectified application and documents), and the list of supporting voters provided for by this article, are submitted within the time frame defined by this Law and meet the requirements thereof, the CEC Chairperson shall, based on a report of an appropriate CEC office, register the party and its representative not later than the day following the submission of the report. Otherwise, the CEC Chairperson shall, within the same time frame, issue an ordinance on the refusal of electoral registration (the ordinance shall specify the reasons for the refusal of electoral registration and the applicable provisions of this Law non-compliance with which led to the refusal). A representative of the party shall immediately be notified about the ordinance and it shall be provided to him/her upon request.

10. The CEC shall publish the list of registered parties on its official website in the order of submitting applications, not later than the 30^th day before the election day. It shall also publish the list of parties that have been refused registration or the registration of which has been cancelled, specifying the reasons for the refusal or cancellation.

 

Article 150 – Submission of party lists

1. In order to run in the elections of a municipality representative body – the Sakrebulo under the proportional electoral system, the parties running in the elections shall submit party lists to the respective DEC chairperson after the registration, not later than 30 days before polling day.

2. Each party running in the elections shall have the right to submit one party list.

3. The number of Sakrebulo candidates in the submitted party list shall not be less than two thirds of the number of members to be elected under the proportional system and shall not exceed triple that number.

4. Only a member of that party shall be included in the party list. A person with respect to whom the Constitutional Court of Georgia has taken a decision as provided for by Article 23(3)(b) of the Organic Law of Georgia on the Constitutional Court of Georgia shall not be entered in the party list.

5. The procedure for compiling party lists shall be defined by a party. When compiling a party list, it shall be taken into account that the seats obtained by a party based on the election results are distributed in succession, starting from the top of the list according to the order.

6. A party list shall specify the following information for each candidate:

a) first and last name;

b) personal number of a citizen of Georgia;

c) date of birth (day/month/year);

d) sex;

e) address (according to an 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) if nominated in the local majoritarian electoral district, the name and number of the district.

7. A party list shall be endorsed by the signature (signatures) of the leader (leaders) of a party participating in elections.

8. A party list shall include the following for each candidate for membership of a municipality representative body – the Sakrebulo:

a) a photograph and a photocopy of an identity card of the citizen of Georgia or a photocopy of a passport of a citizen of Georgia;

b) an application filled in and signed by him/her, which shall include the following:

b.a) the consent of the candidate to be voted for by the given party list;

b.b) that the candidate is a member of the party on whose party list he is nominated;

b.c) if a candidate has left another party within 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 that the candidate has lived in Georgia for at least 6 months;

c) a certificate on the deprivation of the right.

9. A party list may include a candidate nominated in the majoritarian electoral district. In such case, the party list shall make a note of the nomination of the candidate for a single-seat majoritarian electoral district.

 

Article 151 – Nomination of candidates for member of a Sakrebulo in majoritarian electoral districts

1. The following entities shall have the right to nominate a candidate for member of a municipality representative body – the Sakrebulo in the respective electoral district:

a) a party running in the elections;

b) an initiative group of voters.

2. To nominate a majoritarian candidate in an electoral district, a party running in the elections shall, not later than the 30^th day before polling day, submit an application to a respective election commission.

3. To nominate a majoritarian candidate in an electoral district, an initiative group of voters shall, not later than the 47^th day before polling day, submit an application to a respective DEC, and thereafter it shall have the right to start collecting the signatures of supporting voters.

4. The minimum number of the signatures of supporting voters shall be determined by the ordinance of the CEC.

5. The application on the nomination of a candidate for a member of the municipality representative body – the Sakrebulo shall specify the following information about each candidate:

a) first and last name;

b) personal number of a citizen of Georgia;

c) date of birth (day/month/year);

d) sex;

e) address (according to an 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 local majoritarian district where he/she is nominated for majoritarian candidate;

i) first and last name, personal number of a citizen of Georgia, address (according to an identity card of a citizen of Georgia or the database of the Agency), contact telephone number, and other information (if any) of the members of the nominating initiative group of voters, and their representative.

6. The application, signed by a party leader(s)/all members of an initiative group of voters, shall be accompanied by the following for each candidate for membership of a municipality representative body – the Sakrebulo:

a) a photograph and a photocopy of an identity card of a citizen of Georgia or a photocopy of a passport of a citizen of Georgia;

b) an application filled in and signed by him/her, which shall include the following:

b.a) the consent of a candidate to run in the elections as a member of a Sakrebulo in the given local majoritarian electoral district upon nomination by the nominating party/an initiative group of voters;

b.b) that the candidate is a member of the party on whose party list he/she is nominated/the candidate is non-partisan (if nominated by an initiative group of voters);

b.c) if a candidate has left another party within 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 that the candidate has lived in Georgia for at least 6 months;

c) a certificate on the deprivation of the right.

7. The DEC chairperson shall, not later than the day after submitting an application, register an initiative group of voters. Unless the requirements determined by paragraphs 4-6 of this article are met, the DEC chairperson shall immediately notify the representative of an initiative group of voters about any deficiency. To register an initiative group of voters, rectified documents shall be returned to the chairperson of the DEC within 3 days.

8. In order to register a majoritarian candidate for a member of a Sakrebulo, a representative of an initiative group of voters shall submit a list of voters supporting the majoritarian candidate to the respective DEC not later than the 40^th day before the election day, which shall be verified in accordance with the procedure established by the election legislation of Georgia, within 3 days of submission.

9. A majoritarian candidate nominated in an electoral district by a party running in the elections may at the same time be on the party list of a respective party.

10. A majoritarian candidate nominated by a party shall be a member of only that party.

 

Article 152 – Registration of party lists and candidates for members of a Sakrebulo nominated in a local majoritarian electoral district

1. During the elections of a municipality representative body, the respective DEC chairperson shall examine a party list submitted by a party and the documents submitted for the registration of a Sakrebulo nominee in the local majoritarian electoral district. The respective DEC chairperson shall, within two days of receiving the documents, but not later than the 28^th day before the election day:

a) register for the elections a party list, a candidate for membership of a Sakrebulo nominated by an electoral subject if the party list submitted, and accompanying documents, and the registration documents of a majoritarian candidate for membership of a Sakrebulo, meet the requirements established by this Law;

b) notify the representative of an electoral subject in writing of a non-compliance of the data in the party list and in its accompanying documents (indicating the non-compliance), and of the data in the registration documents of a majoritarian candidate of the municipality representative body – the Sakrebulo with the requirements established by this Law, if such non-compliance exists. A representative of the party/initiative group of voters shall be allowed 3 days to rectify the aforementioned list and documents.

2. The rectified details referred to in paragraph (1)(b) of this article shall be verified and the question of electoral registration shall be decided within 3 days after the details are submitted.

3. If the rectified details meet the requirements referred to in this Law, the respective DEC chairperson shall register a majoritarian candidate for Sakrebulo membership if a party list or the part of the party list that meets the requirements referred to by this Law (if the number of candidates in that part of the list is not less than the statutory minimum) and issue, within the same time frame, an ordinance on the refusal of electoral registration to the rest of the candidates (the ordinance shall specify the reasons for the refusal of registration and the legal provisions non-compliance with which led to the refusal). The ordinance shall immediately be communicated to a representative of the party/the initiative group of voters and delivered to him/her upon request.

4. The respective DEC chairperson shall issue certificates to candidates for members of a municipality representative body – the Sakrebulo within three days after registration of candidates.

5. A candidate nominated in an electoral district shall be registered if the following documents are submitted:

a) an application filled and signed by a candidate indicating the fact of his/her living in Georgia for at least 6 months;

b) an application for the nomination of the candidate endorsed by the signatures of the leader (leaders) of the respective parties;

c) a photograph of the candidate and a photocopy of the identity card of a citizen of Georgia or a photocopy of a passport of a citizen of Georgia;

d) the consent of the candidate to run in the elections as provided for by this Law.

6. A party list or a candidate for membership of a Sakrebulo nominated by an electoral subject shall not be registered taking into account the requirements of paragraphs 1-3 of this article, or their electoral registration shall be cancelled by an ordinance of the respective election commission chairperson or by a court decision (in the case provided for by subparagraph (l) of this paragraph), if:

a) the documents and/or data requested and/or provided for by this Law are incomplete or incorrect;

b) the candidate entered in the party list is not a member of that party;

c) the candidate entered in the party list or the 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 Associations of Citizens;

d) a person entered in the party list or a candidate for Sakrebulo membership nominated by an electoral subject is a person with respect to whom the Constitutional Court of Georgia has taken a decision as provided for by Article 23(3)(b) of the Organic Law of Georgia on the Constitutional Court of Georgia;

e) the candidate is entered in more than one party list and he/she has given a consent to be entered simultaneously in more than one party list;

f) there is or there existed simultaneously the written consent of a majoritarian candidate for Sakrebulo membership to participate as a candidate in the Sakrebulo elections of the same and/or any other municipality, or in the mayoral elections of the same and/or any other municipality/to be nominated as a candidate for Sakrebulo membership or Mayor;

g) if the candidate entered in a party list gives written consent to be nominated as a candidate by any other party/an initiative group of voters;

h) two days before the election day the number of candidates in the registered party list is less than the minimum number determined by this Law.

i) the list of supporting voters contains fewer signatures than determined by this Law;

j) the lists of supporters are not submitted;

k) the time limit for the submission of the lists of supporters has been violated;

l) the requirements of Article 52 of this Law have been violated;

m) in other cases provided for by this Law.

7. The DEC chairperson shall not register a candidate if the requirements of paragraphs 5 and 6 of this article have been violated.

 

Article 153 – Revocation of decisions on nomination of candidates for Sakrebulo membership

1. A party/an initiative group of voters shall have the right, after registration, not later than 16 days before polling day, to revoke its own decision to nominate a candidate.

2. A candidate shall have the right to withdraw his/her candidacy not later than 16 days prior to polling day. To this effect, he/she shall submit an appropriate application to a respective DEC.

3. A party running in elections shall have the right, after the commencement of powers of a newly elected Sakrebulo, to revoke its own decision on the nomination of a candidate for member of the Sakrebulo remaining on the party list. A party shall not have the right to revoke its own decision about nominating a candidate for the member of the Sakrebulo remaining on the party list when the term of office of a member of the Sakrebulo elected under the same list is terminated until the issue of commencing the term of office of his/her successor is resolved. A candidate for a member of the Sakrebulo nominated by a party shall be withdrawn from the party list by an ordinance of the chairperson of a respective DEC, based on an application signed by a party leader, within 3 days after the application is submitted. If the application is not satisfied within that time limit, the candidate for Sakrebulo membership shall be deemed withdrawn from the party list from the day following the expiry of the aforementioned period.

4. A candidate for membership of a Sakrebulo shall have the right to withdraw his/her candidacy from a party list after the commencement of powers of the newly elected Sakrebulo by submitting an appropriate application to the respective DEC. His/her candidacy shall be withdrawn by an ordinance of the respective DEC chairperson within three days after submitting the aforementioned application. If the application is not satisfied within that time limit, the candidate for membership of the Sakrebulo shall be deemed withdrawn from the party list from the day following the expiry of the aforementioned period.

5. The DEC concerned shall immediately publish on the official CEC website the information on the cancellation of the registration of a candidate or on the revocation of a decision to nominate a candidate.

 

Article 154 – Cancellation of electoral registration of registered initiative groups of voters

The chairperson of a relevant DEC shall cancel, by an ordinance, the electoral registration of an initiative group of voters for elections of a municipal representative body – the Sakrebulo if:

a) the party applies to cancellation;

b) a candidate for Sakrebulo membership nominated by an initiative group of voters is not registered, or the electoral registration of a candidate for Sakrebulo membership nominated by an initiative group of voters has been revoked;

c) all the members of an initiative group of voters have left the initiative group of voters.

 

Article 155 – Removal of a person from the party list

A person with respect to whom the Constitutional Court of Georgia has taken a decision provided for by Article 23(3)(e) of the Organic Law of Georgia on the Constitutional Court of Georgia shall be removed from the respective party list.

 

Article 156 – Determination of election results held under the proportional electoral system

1. To determine the number of seats obtained by a party list, the number of votes received by a party list shall be multiplied by the number of the seats to be allocated under the proportional system in an electoral district and divided by the sum of votes received by those parties that have received not less than 4% of votes cast in the elections. The integer part of the number thus determined shall be the number of seats obtained by a party list. The number of votes cast in the election shall not include the number of votes recorded on invalid ballot papers.

2. If the total number of seats obtained by party lists in an electoral district is less than the total number of seats, each unallocated seat shall be first allocated in sequence to the better polling party lists that failed to obtain a seat under paragraph 1 of this article, but have received not less than 4% of the votes cast in the election. If any unallocated seat/seats is/are still left, that seat/seats shall be received in sequence by the political parties with better results. The number of votes cast in the elections shall not include the number of votes recorded on invalid ballot papers.

3. If none of the party lists obtain a seat in accordance with the procedure established by paragraph 1 of this article, one seat out of the number of seats to be allocated under the proportional system shall be assigned to each of those subjects that received more votes than others. The number of votes cast in the elections shall not include the number of votes recorded on invalid ballot papers.

4. If the two or more than two party lists to which one seat is to be assigned in accordance with the procedure established by paragraph 2 or 3 of this article receive equal number of votes, the seat shall be assigned to the party list that was registered earlier for Sakrebulo elections with the respective DEC.

5. Candidates whose sequence numbers in a party list are less or equal to the number of seats obtained by the given party shall be deemed elected to a Sakrebulo through the proportional electoral system.

6. If a candidate for member of a Sakrebulo is elected from a single-seat majoritarian district, as well as under a party list, he/she shall be deemed elected from the single-seat majoritarian electoral district and shall be removed from the party list, while the next candidate on the list shall move up in accordance with the procedure established by this Law.

 

Article 157 – Determination of election results held under the majoritarian electoral system

Following Sakrebulo elections held on the basis of the majoritarian electoral system, a candidate for member of a Sakrebulo who has received most valid votes of voters participating in the elections in the local majoritarian electoral district concerned shall be deemed elected as a member of the Sakrebulo. If two or more than two candidates receive the equal number of the most valid votes of voters, the candidate who was registered earlier shall be deemed elected.

 

Article 158 – Summarising Sakrebulo election results in DECs

1. A DEC shall have the right to annul polling results in the electoral precinct where the law has been grossly violated. Polling results shall not be summarised in the DEC until a decision has been made on complaints that could annul the polling results in the precinct.

2. Elections shall be declared invalid in an electoral district if the number of invalid ballots in the district is more than half of the total number of voters participating in the election in that district and the results would affect the results of the election.

3. A DEC shall determine the election results and draw up a protocol at its session.

4. During the elections of a municipality representative body – the Sakrebulo, a DEC shall, on the basis of the protocols received from PECs, determine the following:

a) the total number of voters;

b) the number of the participants in the election;

c) the number of invalid ballot papers;

d) the number of votes cast for each electoral subject.

5. A DEC summary protocol of election results shall include data as provided for by Article 84(2) of this law. A DEC summary protocol shall be drawn up in one copy that shall be transferred to the CEC not later than the day following the day of summing up the results of elections.

6. One certified photocopy of a summary protocol of the Sakrebulo election results shall be kept at a respective DEC. The certified photocopies of the protocol shall be forwarded to the credentials committee of the respective Sakrebulo, and to the representatives of parties.

7. A DEC shall, after summarising results, immediately post a copy of the summary protocol of election results in a visible place for public availability.

8. A DEC shall, within 10 days after the results of the municipality representative body – the Sakrebulo elections are summarised, publish a notice on the CEC official website about the election results in the respective district. This notice shall also include the date of birth (day, month, year), position (occupation) and place of work (if any) of the elected Sakrebulo member.

 

Article 159 – Repeat and re-run voting

1. If polling is declared void in an electoral precinct, the CEC shall call repeat voting that shall be conducted within two weeks after polling day. Repeat voting shall be held only if the difference between the candidate with the best results and the runner up candidate to be elected to the municipality representative body – the Sakrebulo is less than the total number of voters in the same electoral precinct or in invalidated electoral precincts.

2. If the polling results are annulled in electoral precincts during repeat voting, the respective DEC shall summarise the election results held in the electoral district without taking into account the results from those precincts.

3. If elections are declared invalid in an electoral district, re-run voting shall be held within two weeks.

 

Article 160 – Convening of the first session of a Sakrebulo

The CEC shall convene the first session of a municipality representative body – the Sakrebulo not later than the 14^th day after the powers of the newly elected Sakrebulo commence.

 

Article 161 – Procedure for replacing a Sakrebulo member who withdraws

1. If the term of office of a Sakrebulo member elected through the proportional system terminates early, his/her successor, the next candidate on the same party list, shall take his/her place in the Sakrebulo within two weeks, provided that the candidate accepts membership in the Sakrebulo within ten days after being notified by the relevant DEC. If no candidate is left in the submitted party list, the seat shall be cancelled.

2. If the powers of a Sakrebulo member elected under the majoritarian system are prematurely terminated, by-elections shall be held in accordance with the procedure established by this Law. If the powers of a Sakrebulo member are terminated within the period from 15 January to 15 June, by-elections shall be held in October of the same year, and if the powers of a Sakrebulo member are terminated within the period from 15 June to 15 January, by-elections shall be held in the nearest April. By-elections of a Sakrebulo shall not be held in the year of the regular elections of municipality bodies.

3. The CEC shall, not later than the 50^th day before the election day, call the date for by-elections by an ordinance, and set the time limits for the election events by an ordinance, taking into account the time frames specified in paragraphs 4 and 5 of this article.

4. To participate in Sakrebulo by-elections, a political party referred to in Article 149(1)(a) of this Law, and a political party registered for participation in the last elections of municipality bodies, shall submit an application to the CEC not later than the 47^th day before the election day. A political party that fails to meet that requirement shall submit an application to the CEC within the same time limit. Upon the receipt of the application, the CEC shall give such political party a sample form of party supporter list to collect supporter signatures. An initiative group of voters shall submit an application to a respective DEC within the same time limit. The initiative group of voters and a candidate it has nominated shall be registered in accordance with the procedure established by Article 151 of this Law.

5. A political party, whose registration in accordance with paragraph 4 of this article requires the submission of the list of party supporters, shall submit to the CEC the list of voters supporting the participation of a party in Sakrebulo elections not later than the 40^th day before the election day.

6. A candidate winning the by-elections shall replace a withdrawn member of the respective Sakrebulo elected under the majoritarian electoral system.

 

Article 162 – Extraordinary elections of a Sakrebulo

1. If the term of powers of municipality representative body – the Sakrebulo is prematurely terminated, the extraordinary elections of the Sakrebulo concerned shall be held.

2. If the term of powers of a Sakrebulo is prematurely terminated, extraordinary elections shall be held in accordance with the procedure established by this Law. If the term of powers of a Sakrebulo is terminated within the period from 15 January to 15 June, extraordinary elections shall be held in October of the same year, and if the term of powers of a Sakrebulo is terminated within the period from 15 June to 15 January, extraordinary elections shall be held in the nearest April. Extraordinary elections of a Sakrebulo shall not be held in the year of the regular elections of municipality bodies.

3. The extraordinary elections of a Sakrebulo shall be called by the President of Georgia with the countersignature of the Prime Minister of Georgia.

4. If a Sakrebulo is prematurely dissolved, the extraordinary elections of the Sakrebulo shall be called not earlier than the 8^th day and not later than the 10^th day after the respective legal act on dissolving the Sakrebulo enters into force. Elections shall be held not later than the 50^th day after the elections are called.

5. In the cases provided for by this article, if, under the Organic Law of Georgia Local Self-government Code, the powers of the executive body of a municipality – Mayor is prematurely terminated, the extraordinary elections of the executive body of a municipality – Mayor shall be called and held in accordance with the procedure and within time limits established by this article.

6. A political party and an initiative group of voters shall run in the extraordinary elections of a Sakrebulo in accordance with the procedure established by Article 161(4) and (5) of this Law. The time limits for holding the extraordinary Sakrebulo elections shall be set by the CEC by an ordinance not later than the 49^th day before the election day.

 

Chapter XXI – Elections of Tbilisi Municipality Sakrebulo

 

Article 163 – Elections of Tbilisi Municipality Sakrebulo

1. During elections of Tbilisi municipality Sakrebulo (the ‘Tbilisi Sakrebulo’), the norms determined by this Law shall apply unless otherwise provided for by this Chapter.

2. During a state of emergency or martial law, elections of the Tbilisi Sakrebulo shall not be held. If the term of an election coincides with a state of emergency or martial law, elections shall be held within 60 days after the state of emergency or martial law is lifted.

3. Elections of the Tbilisi Sakrebulo are held under both the majoritarian and proportional electoral systems.

4. The Tbilisi Sakrebulo shall be composed of 50 members; 25 members shall be elected in the territory of local single-seat majoritarian electoral districts, and 25 members shall be elected under the proportional electoral system in the whole territory of Tbilisi municipality.

5. Taking into account the number of voters and the existing boundaries of the territorial units of the districts of Tbilisi municipality, the CEC shall set up, by an ordinance, not later than 1 July of the election year of municipality bodies, the local single-seat majoritarian electoral districts of Tbilisi municipality, and define their boundaries.

 

Article 164 – Right to run in Tbilisi Sakrebulo elections

1. A party, and candidates nominated by a party/an initiative group of voters shall have the right to participate in the Tbilisi Sakrebulo elections if registered by the election commission determined by this Law.

2. Only a party shall have the right to run in the elections to be held under the proportional electoral system, and to obtain the mandate of the Tbilisi Sakrebulo.

3. A candidate nominated by a party/an initiative group of voters shall have the right to run in the local single-seat majoritarian elections of Tbilisi Sakrebulo. An individual shall not be nominated in more than one single-seat majoritarian electoral district.

4. A person nominated as a candidate in the Tbilisi Sakrebulo elections may not be simultaneously nominated as a candidate in the elections of the Mayor of Tbilisi, or for the Sakrebulo or Mayor of any other municipality.

5. The incompatibility of the status of a candidate for the Tbilisi Sakrebulo elections with his/her official capacity shall be determined by Article 142 of this Law. Article 130(4)(f) of this Law shall not apply to the incompatibility of the status of a candidate.

 

Article 165 – Submission of party lists

1. To obtain the seats of the members of the Tbilisi Sakrebulo under the proportional electoral system, a party shall submit party lists to the CEC not later than 30 days before polling day.

2. The party lists of candidates to be elected in the Tbilisi Sakrebulo under the proportional electoral system shall include not less than 50 and not more than 100 candidates.

3. A party list may include a candidate nominated in the majoritarian electoral district. In such case, a party list shall make a note of the nomination of the candidate for a single-seat majoritarian electoral district.

 

Article 166 – Cancellation of a decision on nominating a candidate for the membership of Tbilisi Sakrebulo

1. A candidate for the membership of Tbilisi Sakrebulo shall have the right to withdraw his/her candidacy not later than the 16^th day prior to polling day. To this effect, he/she shall file an appropriate application to the CEC.

2. After the commencement of powers of the newly elected Tbilisi Sakrebulo, in the case of the revocation of the decision on nominating a candidate for Tbilisi Sakrebulo membership remaining on the party list by a political party running in the elections, the nominated candidate for membership of Tbilisi Sakrebulo shall be withdrawn from the party list by an ordinance of the CEC chairperson.

3. After the commencement of powers of the newly elected Tbilisi Sakrebulo, if a candidate for membership of Tbilisi Sakrebulo withdraws his/her candidacy from the party list, he/she shall submit an appropriate application to the CEC. His/her candidacy shall be withdrawn from the party list by an ordinance of the chairperson of the CEC.

4. The CEC shall immediately publish on its website a notification about the registration of a candidate for the membership of Tbilisi Sakrebulo and the cancellation of the decision on the nomination of a candidate.

 

Article 167 – Removal of a person from the party list

A person with respect to whom the Constitutional Court of Georgia took the decision provided for by Article 23(3)(e) of the Organic Law of Georgia on the Constitutional Court of Georgia shall be removed from the respective party list.

 

Article 168 – Procedure for allocating seats in the Tbilisi Sakrebulo under the proportional system

1. Seats in the Tbilisi Sakrebulo shall be allocated under the proportional system only to the electoral subjects that have received at least 4% of votes cast in the elections. The seats shall be allocated in accordance with the procedure established by this article.

2. To determine the number of seats obtained by a party list, the number of votes received by a party list shall be multiplied by 25 and divided by the sum of votes received by the parties that have received not less than 4% of votes cast in the elections. The integer part of the number thus determined shall be the number of seats obtained by a party list. The number of votes cast in the elections shall not include the number of votes recorded on invalid ballot papers.

3. If the sum of the numbers of seats received by party lists turns out to be less than 25, each undistributed seat shall be first assigned in sequence to the party lists with better results that have failed to obtain seats under the procedure established by paragraph 1 of this article but have received not less than 4% of votes cast in the elections. If any unallocated seat/seats is/are still left, that seat/seats shall be received in sequence by the political parties with better results. The number of votes cast in the elections shall not include the number of votes recorded on invalid ballot papers.

4. If none of the party lists obtains a seat under paragraph 2 of this article, each seat shall be awarded to those 25 subjects that received more votes than others. The number of votes cast in the elections shall not include the number of votes recorded on invalid ballot papers.

5. If the two or more than two party lists to which one seat is to be assigned in accordance with the procedure established by paragraph 3 or 4 of this article receive equal number of votes, the seat shall be assigned to the party list that was registered earlier for the Tbilisi Sakrebulo elections with the CEC.

6. Candidates whose sequence numbers in a party list are less or equal to the number of seats obtained by the given party shall be deemed elected to Tbilisi Sakrebulo through the proportional electoral system.

7. If a candidate for member of a Tbilisi Sakrebulo is elected from a single-seat majoritarian district, as well as under a party list, he/she shall be deemed elected from the single-seat majoritarian electoral district and shall be removed from the party list, while the next candidate on the list shall move up in accordance with the procedure established by this Law.

 

Article 169 – Procedure for replacing a Tbilisi Sakrebulo member who withdraws

1. If the term of office of a Tbilisi Sakrebulo member elected through the proportional system terminates early, his/her successor, the next candidate on the same party list, shall take his/her place in the Sakrebulo within two weeks, provided that the candidate accepts membership in the Sakrebulo within ten days after being notified by the CEC. If no candidate is left in the submitted party list, the seat shall be cancelled.

2. The replacement of a withdrawn member of Tbilisi Sakrebulo elected under the proportional system shall, within 10 days after being notified by the CEC, give consent to the membership of the Sakrebulo. Otherwise, the vacancy shall be taken by the next successful candidate in the party list, and so on. If no candidate is left in the submitted party list, the seat shall be cancelled.

3. If the powers of a Tbilisi Sakrebulo member elected under the majoritarian system are prematurely terminated, by-elections shall be held in accordance with the procedure established by this Law. If the powers of a Sakrebulo member are terminated within the period from 15 January to 15 June, by-elections shall be held in October of the same year, and if the powers of a Sakrebulo member are terminated within the period from 15 June to 15 January, by-elections shall be held in the nearest April. By-elections of Tbilisi Sakrebulo shall not be held in the year of the regular elections of municipality bodies.

4. The CEC shall set the date of by-elections by an ordinance. The CEC shall set the time frames for the election events by an ordinance not later than the 50^th day before the election day.

5. A candidate winning by-elections shall replace a withdrawn member of Tbilisi Sakrebulo elected under the majoritarian electoral system.

6. To participate in Tbilisi Sakrebulo by-elections, a political party referred to in Article 149(1)(a) of this Law, and a political party registered for participation in the last elections of municipality bodies, shall submit an application to the CEC not later than the 47^th day before the election day. A political party that fails to meet that requirement shall submit an application to the CEC within the same time limit. Upon receipt of the application, the CEC shall give such political party a sample form of party supporter list to collect supporter signatures. An initiative group of voters shall file an application to the CEC within the same time limit. The initiative group of voters and a candidate it has nominated shall be registered under Article 151 of this Law.

7. A political party, whose registration in accordance with paragraph 6 of this article requires the submission of the list of party supporters, shall submit to the CEC the list of voters supporting the participation of a party in Sakrebulo elections not later than the 40^th day before the election day.

 

Article 170 – Summarising Tbilisi Sakrebulo election results

1. Tbilisi Sakrebulo election results shall be summarised in accordance with the procedure and terms established by this Law.

2. The CEC shall exercise the functions of an election commission summarising the election results of the Tbilisi Sakrebulo held under the proportional system.

3. The election results of the Tbilisi Sakrebulo held under the majoritarian electoral system shall be summarised and determined by the relevant DEC.

 

Chapter XXII – Mayoral Elections of a Self-governing City/Community

 

Article 171 – Mayoral Elections of a Self-governing city/community

The mayoral elections of a self-governing city/community shall be held in accordance with the norms established by this Law, unless otherwise provided for by this Chapter. A Mayor of a self-governing city/community shall be elected by universal, equal and direct suffrage by secret ballot.

 

Article 172 – Nomination and registering Mayoral candidates

1. A citizen of Georgia with the right to vote, who turned 25 years old before polling day or turns 25 years old on polling day, and has lived in Georgia for at least 6 months, may be elected as a Mayor.

2. The incompatibility of the status of a candidate for a Mayor with his/her official capacity shall be determined by Article 142 of this Law. Article 130(4)(f) of this Law shall not apply to the incompatibility of the status of a mayoral candidate with his/her office.

3. A party registered in accordance with Article 149 of this Law, as well as an initiative group of voters registered in accordance with Article 151 of this Law, shall have the right to nominate a mayoral candidate, not later than on the 30^th day before polling day.

4. A party shall nominate as a mayoral candidate a member of only that party.

5. An application on the nomination of a mayoral candidate shall specify the following for a candidate:

a) first and last name;

b) personal number of a citizen of Georgia;

c) date of birth (day/month/year);

d) sex;

e) address (according to an 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) first and last name, personal number of a citizen of Georgia, address (according to an identity card of a citizen of Georgia or the database of the Agency), contact telephone number, and other information (if any) of members of the nominating initiative group of voters, and their representative.

6. An application on the nomination of a mayoral candidate signed by the leader/leaders of a party/all members of an initiative group of voters shall have attached the following for a mayoral candidate:

a) a photograph and a photocopy of an identity card of the citizen of Georgia or a photocopy of a passport of a citizen of Georgia;

b) an application filled in and signed by him/her, which shall include the following:

b.a) the consent of the mayoral candidate to run for a Mayor upon nomination by that party/an initiative group of voters;

b.b) that the mayoral candidate is a member of that party/the candidate is non-partisan (if nominated by an initiative group of voters);

b.c) if a mayoral candidate has left another party within 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 that the mayoral candidate has lived in Georgia for at least 6 months;

c) a certificate on the deprivation of the right.

7. A party/an initiative group of voters shall submit documents for the registration of a candidate for Mayor to a respective DEC. The candidate for Mayor of Tbilisi municipality shall be an exception, whose documents shall be submitted to the CEC. Documents submitted for the registration of a candidate for Mayor shall be verified by the chairperson of a respective election commission, who, within 2 days after the documents are submitted but not later than the 28^th day before the election day, shall:

a) register a candidate for Mayor, provided that the registration documents of a candidate for Mayor comply with the requirements of this Law;

b) notify the representative of a party/an initiative group of voters which nominated a candidate for Mayor, in writing, of any non-compliance of the data in the registration documents with the requirements established by this Law (specifying the non-compliance), if such non-compliance exists. A representative of the party/initiative group of voters shall be allowed 3 days to rectify the documents.

8. The rectified data referred to in paragraph 7(b) of this article shall be checked and the decision as to whether to register the candidate shall be made within three days after the data are submitted.

9. If the rectified data conform to the requirements of this Law, the chairperson of a respective election commission shall register the candidate for mayoral elections. In the case of non-conformity, the chairperson of the election commission shall issue an ordinance on the refusal of electoral registration (the ordinance shall specify the exact reasons for the refusal of registration, as well as the requirements of those legal provisions non-compliance with which led to the refusal). The ordinance shall be immediately communicated to the nominating electoral subject and delivered to it upon request.

10. Within three days after registration of a mayoral candidate, the chairperson of a respective electoral commission shall hand him/her the certificate of a candidate.

11. A candidate for Mayor shall be registered if the following documents are submitted:

a) an application of a mayoral candidate filled in and signed in accordance with this article;

b) an application for nomination of a mayoral candidate endorsed by the signatures of the leader (leaders) of a party/members of an initiative group of voters;

c) a photograph of a mayoral candidate and a photocopy of an identity card of a citizen of Georgia or a photocopy of a passport of a citizen of Georgia;

d) a certificate on the deprivation of the right.

12. A mayoral candidate shall not be registered taking into account the requirements of paragraphs 7-9 of this article, and the registration of an already registered candidate shall be cancelled by an ordinance of the chairperson of the respective DEC, or for the elections of the Mayor of Tbilisi, by an ordinance of the CEC chairperson (in cases provided for by subparagraphs (a)-(f) of this paragraph), or by a court decision (in the case provided for by subparagraph (g) of this paragraph), if the applications and documents submitted to the election commission fail to meet all requirements of this Law, or if any other conditions established by this Law are not met, in particular, if:

a) the documents and/or data requested and/or provided for by this Law are incomplete or incorrect;

b) there exists or existed the consent of a mayoral candidate to run simultaneously for Mayor in another municipality and/or for another Sakrebulo;

c) the requirements of third paragraph 2 of this article are violated;

d) the candidate for Mayor is a member of another party registered in accordance with the Organic Law of Georgia on Political Associations of Citizens;

e) a mayoral candidate is a person with respect to whom the Constitutional Court of Georgia has taken a decision as provided for by Article 23(3)(b) of the Organic Law of Georgia on the Constitutional Court of Georgia;

f) a mayoral candidate is not a member of a party nominating him/her;

g) the requirements of Article 52(1) and/or Article 53 of this Law have been violated.

 

Article 173 – Revocation of decisions on the nomination of candidates for Mayor

1. A party/an initiative group of voters shall have the right, after the registration, not later than 16 days before polling day, to revoke its own decision to nominate a mayoral candidate.

2. A mayoral candidate shall have the right to withdraw his/her candidacy not later than 16 days prior to polling day. To this effect, he/she shall submit an appropriate application to a respective election commission.

3. The rules referred to in paragraphs 1 and 2 of this article shall not apply to the second round of elections.

4. The respective election commission shall immediately publish on the CEC official website information on the registration of a candidate, as well as information on the cancellation of a decision to nominate a candidate.

 

Article 174 – Summarising mayoral election results

1. The results of mayoral elections shall be verified and summarised by the respective DEC, and the results of the elections of the Mayor of Tbilisi shall be summarised by the respective DECs and verified by the CEC.

2. A candidate who receives more than 50% of votes cast shall be deemed to have been elected as a Mayor. The number of the votes of voters participating in the elections shall not include the number of votes recorded on ballot papers declared as void.

 

Article 175 – Second round of mayoral elections and re-run elections

1. If a candidate fails to receive the necessary number of votes determined by Article 174 of this Law in the mayoral elections, the second round of elections shall be called. The two candidates who have received the highest number of votes in the first round shall participate in the second round. If more than two candidates receive an equally high number of votes, or if several runners up of a top candidate receive an equal number of votes, all those candidates shall take part in the second round.

2. The second round (second rounds) of mayoral elections shall be called by the CEC along with the summarisation of the results of the first round. The second round (second rounds) of mayoral elections shall be held on the 4^th Saturday following the mayoral elections.

3. A candidate who receives the highest number of votes shall be deemed elected in the second round of the elections. If candidates receive an equal number of votes, the candidate who received more votes in the first round shall be deemed elected. If the number of those votes is also equal, the candidate who was registered earlier shall be deemed the winner.

4. If the registration of one or both of candidates proceeding to the second round of elections is cancelled, or if a candidate dies, re-run elections shall be held two months after the cancellation/death. The CEC shall call the date of elections within three days after the above fact occurs.

 

Article 176 – Extraordinary elections of a Mayor

1. If the powers of a Mayor are prematurely terminated, extraordinary elections shall be called by the CEC by an ordinance. Elections shall be held not later than the 50^th day after the elections are called. The CEC shall set, by an ordinance, the time frames for the the election events not later than the 49^th day before the election day.

2. If the powers of a Mayor are prematurely terminated, extraordinary elections shall be held in April or October in accordance with the procedure established by this Law. If the powers of a Mayor are terminated within the period from 15 January to 15 June, extraordinary elections shall be held in October of the same year, and if the powers of a Mayor are terminated within the period from 15 June to 15 January, extraordinary elections shall be held in the nearest April. Extraordinary elections of a Mayor shall not be held in the year of the regular elections of municipality bodies.

3. The procedures established by paragraphs 1 and 2 of this article shall not apply to the case provided for by Article 162 of this Law.

4. To participate in mayoral by-elections, a political party referred to in Article 149(1)(a) of this Law, and a political party registered for participation in the last elections of municipality bodies, shall submit an application to the CEC not later than the 47^th day before the election day. A party that fails to meet that condition shall file an application to the CEC within the same time limit, while an initiative group of voters consisting of at least 5 members shall file an application to a respective election commission. Upon receiving of the application, the CEC shall forward to such party a sample list of party supporters to collect supporter signatures, and the respective election commission shall forward to the initiative group of voters consisting of at least 5 members a sample list of supporters to collect signatures of the supporters of a mayoral candidate it has nominated.

5. A party whose registration in accordance with paragraph 4 of this article requires the submission of the list of party supporters, and an initiative group of voters, shall submit to the CEC or to the respective election commission a list of voters supporting the participation in the mayoral elections of the candidate nominated by the party/initiative group of voters not later than the 40^th day before the election day.

 

Chapter XXIII – Referendum and Plebiscite

 

Article 177 – General provisions

Regulatory norms for organising, conducting and ascertaining election results provided for by Title I of this Law shall apply during the organisation, conduct and summarisation of the results of a referendum unless otherwise determined by this Chapter.

 

Article 178 – Organising a referendum

1. The President of Georgia shall have the right, by the request of the Parliament of Georgia, the request of the Government of Georgia, or the request of at least 200 000 voters, to call a referendum within 30 days after the receipt of the request.

2. A referendum shall not be held in the case of:

a) an armed attack on Georgia;

b) martial law in the country;

c) civil disorder, military takeover, armed insurrection, environmental disaster and epidemics or in other cases when state bodies are unable to duly exercise their constitutional powers.

3. A referendum shall not be called on the same issue within one year after the date when the results of a referendum conducted on the same issue were officially published.

4. Referenda shall be organised and held in the Georgian language in Georgia, and in Abkhazia in the Abkhazian language also.

 

Article 179 – Referendum issues

1. A referendum may be held on especially important state issues, including issues and principles provided for by the Constitution of Georgia, Laws of Georgia, International Treaties and Agreements of Georgia.

2. A referendum may not be held:

a) for the purpose of adopting or repealing a law;

b) for the purpose of an amnesty or a pardon;

c) on the ratification or denunciation of an international agreement;

d) on an issue that allows for the restriction of a fundamental constitutional human right.

 

Article 180 – Calling a plebiscite and the procedure for holding a plebiscite

1. A plebiscite shall be a public opinion poll with the purpose of learning the opinion of an electorate or part of it, concerning particularly important state issues.

2. A plebiscite shall be called by the Prime Minister of Georgia.

3. The results of a plebiscite shall be of a recommendatory character for public authorities.

4. The procedures determined by this Law shall apply to the conduct of a plebiscite (except for the provisions of Article 178).

 

Article 181 – Calling referenda

1. The President of Georgia shall call a referendum by an edict, which needs the countersignature of the Prime Minister of Georgia.

2. The CEC shall organise and hold a referendum.

 

 Article 182 – Initiative group for holding a referendum

1. If the holding of a referendum is initiated by voters, an initiative group shall be set up. The list of an initiative group shall include the first and last name, place of residence and contact telephone number of each of its members. An initiative group shall clearly and specifically formulate the issues proposed for holding a referendum.

2. An initiative group shall apply to the CEC with a request to register an issue to be submitted for the referendum by an initiative group. The issue should be formulated in agreement with the initiative group.

3. The CEC shall register the issue proposed for a referendum and the composition of an initiative group, and publish information about such registration and the address of an initiative group on its official website.

4. An issue proposed for a referendum shall be included in the papers of the signatures of voters.

5. A registration certificate shall be issued to an initiative group within one month after applying for registration. Registration may be refused if the requirements of this Law are violated.

6. An initiative group shall be authorised to appeal the refusal for registration to the corresponding district/city court within five days after the decision is taken. The court shall review the appeal and make a decision within five days that may be further appealed in accordance with the procedure established by the legislation of Georgia.

 

Article 183 – Procedure and time frames for collecting signatures

1. An initiative group shall start collecting signatures from the day of the receipt of the certificate of registration.

2. The signatures shall be collected on a sample paper as determined by the CEC and agreed with an initiative group. Each of such papers shall be signed by not more than 50 citizens who shall enter first and last name, year of birth, number of personal identification card, address and the date of their signature. A person responsible for collecting the signatures shall sign every paper filled out with the above data indicating his/her address. His/her signature shall be certified in a notary bureau.

 

Article 184 – Review of the results of collecting signatures

1. The completed signature papers shall be forwarded to an initiative group that summarise information about the results of collecting signatures, and together with the signature papers forward it to the CEC not later than three months from the date of the receipt of a registration certificate.

2. The CEC shall verify the submitted materials, and if it decides that they meet the requirements of this Law, the CEC shall submit its report and the request of an initiative group to conduct a referendum to the President of Georgia not later than one month after the receipt of the materials.

3. If a citizen signs a statement on holding a referendum two or more times, all of his/her signatures shall be deemed invalid.

 

Article 185 – Making a decision with regard to the request to hold a referendum

1. The President of Georgia shall make one of the following decisions with regard to the request to hold a referendum:

a) on calling the date of a referendum;

b) on providing a well-grounded refusal regarding the request to hold a referendum.

2. An edict of the President of Georgia on the well-grounded refusal regarding the request to call a date for a referendum or to hold a referendum shall be published within 30 days after receiving the request of the Parliament of Georgia/the Government of Georgia to hold a referendum, and after receiving the CEC report provided for by Article 184 of this Law. The aforementioned edict of the President of Georgia shall need the countersignature of the Prime Minister of Georgia.

3. An edict on holding a referendum shall include the date of the referendum and the exact formulation of the issue to be put to a referendum. The edict shall be published for public availability through the official press and other mass media not later than three days after the edict is issued.

4. The Government of Georgia shall, within seven days after the publication of an edict of the President of Georgia on calling the date of a referendum, pass an ordinance to ensure the organisation of the referendum, which shall determine the funding and other issues related to the holding of the referendum.

 

Article 186 – Time frames for holding a referendum

1. A referendum shall be held not earlier than two months and not later than six months from the date of a decision by the President of Georgia on holding the referendum.

2. In exceptional cases, the President of Georgia shall be authorised to set another date to hold a referendum.

 

Article 187 – Withdrawal of a request to hold a referendum

The Parliament of Georgia, the Government of Georgia, an initiative group of voters shall have the right to withdraw their request to hold a referendum before the President of Georgia makes a decision to hold the referendum.

 

Article 188 – Election commissions

The CEC, DECs, and PECs shall ensure the organisation and conduct of a referendum.

 

Article 189 – Participation of the members of an initiative group in the work of referendum commissions

If a referendum has been called at voter request, the initiative group shall be eligible to appoint its representative to the election commissions.

 

Article 190 – Summarising the referendum results and enforcement of the decision

1. A referendum issue shall be deemed adopted if more than half of the referendum participants vote in its favour. The number of votes cast in the referendum shall not include the number of votes recorded on invalid ballot papers.

2. It shall be prohibited to make a decision on the referendum issue in the period between calling a referendum and publishing referendum results.

3. A decision taken as a result of a referendum shall enter into force on the day of its publication. It shall have legal effect and shall be final. The results of a referendum shall have direct force.

4. The legislative and executive authorities of Georgia shall be obliged to harmonise the legislation of Georgia and other legal acts with the referendum results within one month.

5. A decision taken as a result of a referendum may be changed or annulled only by another referendum.

6. The Constitutional Court of Georgia shall have the right to invalidate the referendum results in accordance with the procedure established by law.

 

Chapter XXIV – Transitional and Final Provisions

 

Article 191 – Temporary procedures for the financial support of the preparation and conduct of elections/referenda

1. Costs incurred by the Electoral Administration of Georgia for the preparation and conduct of elections/referenda, as well as its activities carried out within the term of its office, shall be funded from the State Budget of Georgia.

2. The CEC shall, on an annual basis and in accordance with the procedures defined by this Law, submit to the Parliament of Georgia a budget statement of the Electoral Administration of Georgia for the following year in order to determine the budgetary financing for the following year.

3. If the budgetary funds allocated for the preparation and conduct of elections/referenda are not allocated to the CEC budgetary programme code concerned within the time frame established by this Law, the CEC shall have the right to file an action in the district/city court of Georgia.

4. The enforcement of the allocation of funds to the CEC may not be carried out from the State Budget of Georgia intended for enforcement of court judgements.

5. The Electoral Administration of Georgia, represented by the CEC, may receive grants from persons duly authorised by law. The grant shall be used according to the agreement between the CEC and the authorised person.

6. For the purpose of the unimpeded conduct of elections during an election/referendum period, the Electoral Administration of Georgia, Training Centre shall have the right to conduct state procurement under simplified procedures as provided for by the Law of Georgia on State Procurement.

7. Appealing actions/decisions of the CEC, the Training Centre and/or their tender commissions related to state procurement during the pre-election period/election period shall not result in suspending state procurement procedures.

8. Terms for appealing decisions of the CEC, the Training Centre and/or their tender commissions related to state procurement during the pre-election period/election period by the Legal Entity under Public Law – the State Procurement Agency, terms for the consideration of claims and taken decisions and procedures, shall be defined by Article 92 of this Law.

9. The procedures established by this article shall be effective until 1 January 2030.

Law of Georgia No 1715 of 10 June 2026 – website, 15.6.2026

 

Article 192 – Temporary procedure for appealing decisions of the CEC, Training Centre and/or their tender commissions during an election/a referendum period

1. During an election period/a referendum period, the decisions of the CEC, the Training Centre and/or their tender commissions, may be appealed within two calendar days after they are made to the Public Procurement-related Dispute Resolution Board of the Legal Entity under Public Law – the State Procurement Agency, which considers a complaint and makes a decision within two calendar days after the complaint is received. Decisions made by the Public Procurement-related Dispute Resolution Board with regard to the actions/decisions of the CEC, the Training Centre and/or their tender commissions may be appealed to the Tbilisi City Court within two calendar days after they are made. The Tbilisi City Court shall consider the respective claim and make the decision within two calendar days after the claim is received. The decision of the Tbilisi City Court may be appealed to the Tbilisi Court of Appeals within two calendar days after the decision is made. The Court of Appeals shall consider the claim within one calendar day after it is received. The decision of the Tbilisi Court of Appeals shall be final and shall not be appealed.

2. The procedures established by this article shall be effective until 1 January 2030.

Law of Georgia No 1715 of 10 June 2026 – website, 15.6.2026

 

Article 193 – Bribing voters

1. From the moment of the publication of the respective legal act calling elections until and including polling day, and where it is necessary to hold a second round of elections, from the moment of the publication of the respective legal act calling elections until and including the polling day of the second round of elections, it shall be prohibited:

a) for electoral subjects, candidates for electoral subject, and their representatives to give funds, gifts, and other material possessions (irrespective of their value) to the citizens of Georgia, personally or through other persons; to sell goods to electoral subjects, candidates for electoral subject, and their representatives at a preferential price; to distribute or disseminate goods free of charge (except for campaign materials as defined by this Law) among electoral subjects, candidates for electoral subject, and their representatives; and to motivate Georgian citizens by promising to give them funds, securities, and other material possessions (irrespective of their value);

b) for natural and legal persons to perform such work or to provide such services through utilizing personal funds and/or electoral subject funds (except for the performance of work or the provision of services obtained under the procedure established by the Law of Georgia on State Procurement) that fall within the competence of the state authorities and/or municipality bodies of Georgia under the legislation of Georgia.

2. The registration of an electoral subject that, personally or through any representative or any other individual or legal entity acting in his/her behalf, has carried out prohibited activities provided for by this article shall be revoked by a court decision if those facts are confirmed.

3. the procedures established by this article shall be effective until 1 January 2030.

Law of Georgia No 1715 of 10 June 2026 – website, 15.6.2026

 

Article 194 – Transitional provisions

1. The powers of the State Audit Office provided for by this Law shall be exercised by a Legal Entity under Public Law – the Anti-Corruption Bureau through 2 March 2026.

2. After the entry into force of this Law, all legal acts adopted/issued by the CEC prior to the entry into force of this Law that are in compliance with the requirements of this Law shall remain in legal force.

3. The CEC shall, within 4 months from the entry into force of this Law, ensure compliance with this Law of any legal act adopted/issued by it that is not in compliance with the requirements of this Law.

 

Article 195 – Final Provisions

1. Upon the entry into force of this Law, the Organic Law of Georgia Election Code of Georgia of 27 December 2011 shall be declared invalid (Legislative Herald of Georgia (www.matsne.gov.ge), 10.1.2012, registration code: 010190020.04.001.016032).

 2. This Law shall enter into force upon its promulgation.

 

 

President of Georgia                                                    Mikheil Kavelashvili 

 

Tbilisi

17 December 2025

No 1253-IV მს -XI მპ

 

 

 

 

Annex  

Districts Defined for the Purposes of Article 129(7) of this Law

 

Number of the district Boundaries of the district 1 Mtatsminda and Krtsanisi districts of the Tbilisi city municipality 2 Vake district of the Tbilisi city municipality 3 Saburtalo district of the Tbilisi city municipality 4 Isani district of the Tbilisi city municipality 5 Samgori district of the Tbilisi city municipality 6 Didube and Chugureti districts of the Tbilisi city municipality 7 Gldani district of the Tbilisi city municipality 8 Nadzaladevi district of the Tbilisi city municipality 9 Telavi, Akhmeta, Kvareli and Lagodekhi municipalities 10 Gurjaani, Sagarejo, Dedoplistskaro and Signaghi municipalities 11 Rustavi city 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 city municipality 20 Sachkhere, Chiatura and Kharagauli municipalities 21 Tkibuli, Terjola, Zestaponi and Bagdati municipalities 22 Samtredia, Tskaltubo, Vani and Khoni municipalities 23 Zugdidi municipality 24 Poti city, Khobi and Senaki municipalities 25 Tsalenjikha, Chkhorotsku, Martvili and Abasha municipalities 26 Ozurgeti, Lanchkhuti and Chokhatauri municipalities 27 Batumi city and Khelvachauri municipalities 28 Kobuleti municipality 29 Keda, Shuakhevi and Khulo municipalities 30 Ambrolauri, Oni, Tsageri, Lentekhi and Mestia municipalities