Unified Election Code (2001, as amended 2006)

This is an unofficial translation of the Unified Election Code of Georgia (UEC) which has been produced as a reference document and has no legal authority. Only the Georgian language UEC has any legal standing.

THE ORGANIC LAW OF GEORGIA

UNIFIED ELECTION CODE OF GEORGIA

As amended in September 2006

Incorporating Amendments adopted on:

28.11.2003

16.09.2004 Abkhazia and Adjara, Composition election admin;

12.10.2004 VL, Campaign funding, voting and counting procedures, observers’ rights, complaints and appeals, election cancellation and re-run

26.11.2004 Abolition of turnout requirement for mid-term elections and re-runs, drug certificate for MPs

24.12.2004 Rules for campaign and the media

22.04.2005 VL; CEC, DEC, PEC composition and functioning;

23.06.2005 Deadlines and procedures for filing complaints

09.12.2005 Election of Tbilisi Sacrebulo; plus miscellaneous minor changes

16.12.2005 Campaign fund; media outlets

23.12.2005 (1) Election System for Parliament, Multi-mandate Districts, Mid-term Elections, PEC,

23.12.2005 (2) Election of Sacrebulos (except Tbilisi)

24.06.2006 Changes pertaining to local elections; voting procedures, etc.

24.07.2006 Early convocation of PEC for 2006 local elections

General Section

PART I

CHAPTER I. GENERAL PROVISIONS

Article 1. Purpose of the Law

This Law establishes the legal basis of preparing for and conducting elections for the President of Georgia, the Parliament of Georgia, the representative body of local self-governance [deletion 23.12.2005]. The Law also determines the rights and guarantees of the election participants, the rules for forming election administration and its authority, as well as the rules for adjudication of disputes in cases determined by this Law.

Article 2. Legal Basis of Elections

The legal basis for preparing for and conducting elections for the President of Georgia, the Parliament of Georgia, the representative body of local self-governance – sakrebulo, [deletion – 23.12.2005] is the Constitution of Georgia, universally recognized human rights’ principles and standards of international law, this Law, other legislative Acts and legal Acts of the election administration.

Article 3. Definition of Terms

Terms used for purposes of this Law have the following meaning:

Elections – for the purposes of this Law elections are the election process the designation and outcome of which is the election of members of a representative body of public power and public offices by general elections;

Elections conducted through proportional election system – election of members of Parliament and the representative body of local self-governance of Georgia – sakrebulo, based on Party Lists;

Elections conducted through majoritarian election system – election of members of parliament, election of sakrebulo members, [deletion – 23.12.2005] according to single-mandate or multi-mandate election districts;

Right to vote – active and passive voting right;

Active electoral right/suffrage – the right of a citizen to participate, through voting, in general elections and a referendum held for electing the people’s representatives to a representative body of public power and for electing public officers;

Passive electoral right/eligibility – the right of a citizen to be eligible for election to a representative body of public power and of a public office;

Electoral registration – the registration by the appropriate election commission of parties, election blocs, initiative group of voters and candidates for the participation in elections;

Election subject – a candidate for membership of a representative body of public power or public office, the party, election bloc and initiative group of voters registered by the appropriate election commission;

Election administration – the Central Election Commission of Georgia (CEC), District Election Commissions (DEC) and Precinct Election Commissions (PEC);

Party – a political union of citizens, acting in accordance with the Organic Law of Georgia on Political Unions of Citizens, which is registered by the Central Election Commission of Georgia for the purpose of taking part in elections;

Election bloc – a union of 2 or more Parties registered by the Central Election Commission of Georgia;

Election campaign – unity of the measures undertaken by candidates for becoming election subjects and by election subjects, for the purpose of participating and winning in elections;

Election agitation – calling by Georgian citizens and election subjects upon voters, to support an election subject or not;

Candidate for Presidency of Georgia – a citizen of Georgia, presented by a Party registered by the Central Election Commission of Georgia, or by an initiative group of voters, for the purpose of taking part in elections for the President of Georgia;

Candidate presented through Party list – a citizen of Georgia included in a Party list registered by the Central Election Commission of Georgia for the purpose of taking part in elections into the Parliament of Georgia and the representative body of local self-governance – sakrebulo;

Majoritarian candidate – a citizen of Georgia registered by a relevant electoral commission to run in the elections of the Georgian Parliament or a representative body of local self-government -- Sakrebulo, nominated in an electoral district by a party/electoral bloc or, in case of the local self-government elections, also by an initiative group of voters [ 23.12.2005];

deleted [ 23.12.2005] ; Local Majoritarian Election district- single member election district, created to elect members of municipality-Sakrebulo by majoritarian system. [23.06.06]

deleted [ 23.12.2005] ; Multimember local majoritarian election district- election district, created to elected sakrebulo members of Tbilisi city council by majoritarian system. [23.06.06]

General elections – the regular and off-year universal elections held for electing a representative body of public power or public officeholders in which all the electors of the representative body or public office respectively as specified by this Law may take part;

Regular elections – the general elections being held due to the expiration of the term of office of a representative body of public power or public officeholder within the terms specified by the Constitution of Georgia, this Law, the Constitutions of the Abkhazian and Adjarian autonomous republics, the respective laws;

Off-year elections – the general elections being held due to the early expiration of the term of office of a representative body of public power or public officeholder;

Mid-term elections – Deleted. [ 23.12.2005];

deleted [23.06.06] Election district - The territory defined according to the administrative-territorial division, on which DEC/DECs is/are operating. [23.06.06 ]

Second ballot – the voting being held in the precinct (precincts) where the ballot returns were declared void, or throughout a multi-mandate election district based on party lists, where no party/election bloc has been granted the mandate;

Second round of elections – the voting being held in the cases and within the terms specified pursuant to this Law if the first round of elections has failed to determine the winner;

y¹) End of elections – the date of publication of the summary protocol of final election returns (including second-round elections and second ballots) as approved by the appropriate election commission;

y²) Election day – the day of holding general or by-elections;; [ 23.12.2005]

y³) Polling day – the day of holding elections, second ballot or second round of elections;

Election documents – incoming and outgoing applications, petitions, letters, business correspondence, protocols, ballot papers, special envelopes, legislative acts of the election administration, check-lists, registration books, registers of voters, voter’s card and other documents at election commissions. [12.10.2004]

(z¹) Packaging of documents – the wrapping or packing of documents in a bale or in a box in a manner making it impossible to take or put the documents out/into the bale/box without spoiling the seal on the stamped bale/box;

(z²) Seal – a strip of paper attached to the places of opening of a voting device, document box, register, election day record book, indicating the date and time of marking and the signatures of the persons duly authorised under this Law;

Representative body of local self-governance– sakrebulo – the Sakrebulo of the capital city of Georgia -- Tbilisi, a municipality, or a self-governing city; [ 23.12.2005]

ab) deleted [23.06.06] Multimember majoritarian election district for parliament- multimember election district created for parliamentary elections, which constitutes several election districts. [23.06.06]

ac) Political Authority - (for the purposes of this law) state political authority defined under the law of Georgia on “Public Service”, as well as the deputy heads of the ministries, members of the local self government bodies and heads of executive bodies. [23.06.06]

Article 3¹. Calculation of Periods Prescribed by this Law

1. All periods prescribed by this Law, including the periods of judicial recourse and the periods of a court judgment, starting from the commencement of elections and until their end, are counted in calendar days (including days off and holidays as prescribed by the Labour Code of Georgia).

2. In the expression "in N days after elections", the words "after elections" imply the calculation of days after the end of the elections.

3. The expressions " 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/nor later than the N th day from the given day" imply the calculation of days from the next day of the indicated day.

4. The expressions “N days prior to the given day”, “not earlier/not later than N day prior to the given day”, not earlier/not later than the Nth day prior to the given day”, imply the reverse calculation of days from the day preceding the indicated day.

Article 4. Basic Principles of Elections

Elections in Georgia shall be held on the basis of universal, equal and direct suffrage, and by secret vote.

Article 5. Universal Suffrage

1. Elections prescribed by this Law are universal:

2. Any citizen of Georgia who by the elections has attained or is on the day of election attaining the age of 18 years and who meets the requirements prescribed by this Law enjoys the active electoral right, except for the persons who, under the Constitution of Georgia and/or in accordance with this Law complying therewith (Articles: 10, 56, 110) have restricted suffrage;

3. Any citizen of Georgia who meets the requirements of this Law enjoys the passive electoral right, except for the persons who, under the Constitution of Georgia and/or in accordance with this Law complying therewith (Articles: 73, 76, 78, 80, 92, 94, 98, 110), have restricted eligibility.

4. A person who has been declared incapable by the court or is being placed in a penitentiary institution in accordance with a court judgment is not eligible to take part in elections and referendum.

Article 6. Equal Suffrage

1. Voters take part in elections based on equal grounds.

2. Every voter of one and the same election district has an equal number of votes.

Article 7. Direct Suffrage

1. Elections in Georgia shall be direct.

2. The President of Georgia, members of the Parliament of Georgia and the representative body of local self-governance – sakrebulo, as well as gamgebelis and mayors, are elected directly by voters.

Article 8. Secrecy of the Vote and Free Expression of the Will of the Voters

1. Elections in Georgia are held by secret ballot.

2. Any influence which restricts the free expression of the voters’ will, as well as control over expression of the voters’ will is forbidden.

Article 8¹. Publicity of Elections

1. The entire electoral process, activities of the election administration, the sources and the amount of funding of the election participants and the election-related expenses shall be open and public.

2. The open and public conduct of elections is safeguarded by the electoral legislation.

Article 8². Electoral Right Guarantees

1. It is prohibited to adopt/publish a normative act, which restricts the free expression of a voter's will or interferes with the equality of election participants. Such a normative act may be appealed in the Constitutional Court of Georgia.

2. Infringement of the electoral legislation may be appealed in the Constitutional Court or general courts of Georgia in accordance with the terms and procedures specified by this Law and other legislative acts.

3. Offenders of the electoral legislation shall bear administrative or criminal liability.

Article 8³ Declaring Election Day as a holiday

Regular Elections, except for presidential elections, can be held on any day of the week. The date of the elections shall be declared as a holiday. [23.06.06]

CHAPTER II. REGISTRATION OF VOTERS

Article 9. General List of Voters and its Compilation Procedure

1. The general list of voters is a list of persons with an active electoral right, who are registered in a manner established by legislation according to election precincts.

2. The general list of voters shall include the following voter's data:

a) Name, surname. [12.10.2004]

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

c) Place of registration (address of the permanent residence);

d) Personal number of the citizen of Georgia [23.06.06];

e) Actual residence (the temporary residence address shall be indicated for an internally displaced person; the indication “on consular registry” shall be made for a person being abroad (except for local self government elections), or “is abroad” where such a persona is not on the consular registry); [23.06.06]

f) The date of registration of the voter in the general list of voters [23.06.06].

3. Voter data shall be entered into the general voter list according to the place of their registration. The IDPs are entered into the general voter list according to the place of their factual residence. [22.04.2005]

4. The Central Election Commission is responsible for computer processing of the general list of voters and for placing its part intended for public inspection (family name, given name, father's name, date of birth, place of registration, also place of actual residence for an internally displaced person) on the Internet.

5. The general list of voters is compiled:

a) Based on the information of persons registered in the corresponding territory available in the territorial bodies of the Ministry of Justice of Georgia including persons attaining the age of 18 years by the date of the elections. Also on the basis of information relating to deceased, persons under provisional arrest and in custody;

b) Based on information from local self-government and/or government bodies;

c) Based on data compiled on internally displaced persons communicated by the Ministry of Refugees and Settlement of Georgia or its territorial agencies;

d) Based on information received from the Ministry of Defense, Ministry of Internal Affairs, Special services of Foreign intelligence and State Security regarding both fixed-term and contractual servicemen within the Georgian Armed Forces and military compounds whose service conditions require their location at an address other than their permanent place of residence, which belongs to another populated locality and concurrently to another election district;

e) Based on data communicated by authorities of the consular institutions of Georgia concerning the electors being on the consular registry of Georgia (except for local self government elections)

f) Based on the data gathered from the election administration voter registration procedures, as well as on the amended registration data. [23.06.06]

6. For the purpose of updating the general list of voters the institutions indicated in paragraph 5 (subparagraphs a-e) of this Article shall, on February 1 and August 1 of each year, furnish the updated or new data on qualified persons to the Central Election Commission of Georgia. The latter shall, based on this information, ensure the updating of the electronic database of the general list of voters. [23.06.06]

7. A qualified party, a monitoring organisation specified by Article 68 of this Law, and voters, are entitled to consult a version of the general list of voters designated for public inspection available at the Central, District and Precinct Election Commissions (the elector has the right to request only the data concerning his/her person and his/her family members for inspection and to make changes thereto) and in case of any inaccuracy to request not later than 23 days prior to election day that proper amendments be made to the voters' data and the list of voters. The inspection of data and the issue of a copy shall be effected under procedures established by statute.

8. The election administration shall review the general list of voters. The District Election Commission shall consider the review results and take an appropriate decision within 5 days after receipt of the application but not later than by the 20th day prior to the elections. A resolution of the Commission concerning the denial of the amendments to the voters' data/lists shall be reasoned and deliverable to the applicant from the day following the issue of the resolution, where so requested. [23.06.06]

9. A resolution of the District Election Commission concerning amendments to the voters' data/lists shall be delivered to the Central Election Commission and the relevant Precinct Election Commission within a period of 2 days.

10. A resolution of the District Election Commission denying amendments to the voters' data/lists may be appealed in the appropriate district/city court within 2 days after its issue. Where court decides for the applicant, the court ruling shall, within 2 days but no later than by the 13th day prior to Election Day, be delivered to the District Election Commission, which shall immediately furnish the relevant information to the Central Election Commission, and the relevant Precinct Election Commission. The election commissions shall immediately make proper amendments to the voters' lists. [23.06.06]

11. The Precinct Election Commission shall, not later than the day of its first meeting, be furnished with 2 copies of the general list of voters signed by the Chairperson and secretary of the District Election Commission as well as of the final version of the amended lists (versions designated for the election commission and public inspection) not later than by the 10 th day prior to election day. The version of the list of voters designated for public inspection shall immediately be posted in the precinct election commission in a conspicuous place.

11 1. The question of registration of those voters, who have not been able to register within the timeframe specified by the law, in case of proper application and submission of corresponding justification (entry in a passport on crossing the country border, travel ticket, certificate from a in-patient clinic, certificate of being freed from detention) is being decided by order of the DEC. DEC reviews the application of the voter within 2 days of its receipt, or immediately, if there are less than two days left until the Election Day. The voter shall be notified about a negative decision immediately. In case, if such a voter addressed the election administration with a request to participate in the elections on Election Day, he/she is being registered by the PEC and photo copies of relevant documentation are affixed to the voting lists. [23.06.06]

12. It is prohibited to make amendments to the voters' list within the last 12 days prior to Election Day, except for the cases described in subparagraph 11 1 of this article, whereas within the 19 th to the 12 th day before election day, amendments can be made only by a courts ruling. [23.06.06]

13. The Central Election Commission and the appropriate election commissions shall ensure publicity and accessibility of the general list of voters under procedures established by Georgian legislation.

Article 9¹. Determination and Publication of the Total Number of Voters

1. The total number of voters for parliamentary, presidential and local elections (except for regular presidential elections), as well as for a referendum, is determined according to the latest available information upon announcement of the date of elections/referendum, and according to the latest available information by March 1 of the election year of scheduled presidential elections.

2. In holding general parliamentary, presidential and local elections (except for regular presidential elections) as well as upon conduct of a referendum, the Central Election Commission shall, not later than the 10 th day from the announcement of the date of elections/referendum, and not later than March 10 of the year of elections upon holding of the regular presidential elections, make public through mass media and the Internet the total number of voters throughout Georgia and in all its electoral districts. Within the following 10 days the District Election Commission shall make public the total number of voters in the electoral district (also in local majoritarian electoral districts upon local elections) and in all its election precincts. [23.06.06]

3. Deleted. [ 23.12.2005]

4. In holding general parliamentary and presidential elections as well as upon conduct of a referendum, the Central Election Commission shall, no later than the 5 th day prior to election/ referendum day, make public through mass media and the Internet the corrected total number of voters in Georgia and in each electoral district. The District Election Commission shall, within the same period, make public the corrected total number of voters in the electoral district, as well as in all election precincts . [23.06.06]

5. Deleted. [ 23.12.2005].

6. In holding local elections the Central Election Commission shall, not later than the 5 th day prior to election day, make public through the Internet the corrected total number of voters in electoral district if not comprising local electoral districts and in local electoral districts. The District Election Commission shall, within the same period, make public through local mass media the corrected total number of voters in the electoral district if it does not comprise a local electoral district and in the local electoral districts, as well as in all election precincts.

Article 10. Special List of Voters

1. The special list of voters includes (the data specified in Paragraph 2, Article 9 of this Law are entered in the list):

a) The election administration officials who on the Election Day could not vote according to their place of registration because they were engaged in the election commissions (they shall be put in the special register in the predetermined election precinct by the respective election commission.); [12.10.2004]

b) Voters who on election day are being treated in a hospital or another inpatient centre;

c) Voters who on election day are under preliminary detention;

c¹) the military personnel of Georgia on service for a fixed period and professional soldiers on the contractual basis; [12.10.2004]

d) Voters being at sea on election day (they are enrolled at the port of registration of the vessel);

e) The voters being abroad on election day who are on the Georgian consular registry; also the voters, who are not on the consular registry but, not later than the 21 st day prior to election day, will undergo electoral registration in a Precinct Election Commission formed abroad or in a consular institution.

f) Persons listed in the paragraph 11 1 of Article 9 of this law. [23.06.06]

2. The list of persons determined by subparagraph “ a ” of paragraph 1 of this Article shall be specified by the district election commission no later 5 days prior to the poll; [12.10.2004]

3. The list of the persons determined by subparagraph “b” of paragraph 1 of this Article shall be specified by the head of respective medical institution and provided to the respective district election commission no later the 6 th day prior to the poll; [12.10.2004]

4. The list of the persons determined by subparagraph “ c ” of paragraph 1 of this Article shall be specified by the head of respective penitentiary institution and provided to the respective district election commission no later the 6 th day prior to the poll; [12.10.2004]

4¹ The list of the persons determined by subparagraph “c 1” of paragraph 1 of this Article shall be specified by the commander of respective military unit and provided to the respective district election commission no later the 6 th day prior to the poll; [12.10.2004]

5. The captain of the relevant ship shall compile a list of the persons specified by subparagraph (d) of paragraph one of this Article and shall deliver it to the relevant District Election Commission by not later than the 15 th day prior to election day.

6. The head of the relevant consular institution shall compile a list of the persons specified by subparagraph (e) of paragraph one of this Article and shall deliver it to the Central Election Commission by not later than the 20 th day prior to polling. During parliamentary and presidential elections, the voter is exempt from the consular charge for consular registration, for the period from the appointment of elections to the 21 st day prior to election day.

7. The head of the appropriate institution shall be responsible for the accuracy of the data entered in the special list, which is to be attested by his/her signature.

8. Based on the data of the of persons, specified in paragraphs 2-6 of this article and based on its own data, the District Election Commission shall, no later than 3 days prior to the Election day, make and approve by its decree the special lists, and immediately pass them to the relevant Precinct Election Commission. [23.06.06]

9. In case the voter is entered in the special list a corresponding indication shall be made in the general voters' list of the polling precinct and attested by the signatures of the Chairperson and secretary of the Precinct Election Commission.

10. The voter entered in the special list takes part:

a) In both the majoritarian and proportional elections if he/she changes location within the territory of the same electoral district, or of the same local election district in the case of local elections;

b) In parliamentary elections held under the proportional electoral system, as well as in the presidential elections and referendum if he/she votes in the territory of another electoral district.

Article 11. Voters' List Supplement (Mobile Ballot Box List)

1. The voters' list supplement (hereinafter – the Supplement) is compiled on the basis of the general and special lists of voters where:

a) Due to limited physical ability or health condition, a voter is unable to go to the polling place;

b) A voter is under preliminary detention;

c) A voter is being treated in a hospital or other inpatient center where no polling precinct is opened;

d) A voter is a military servicemen, serving in a military unit located on the state border which is far from the election precinct and where no polling precinct is open

e) A voter is within the election precinct but at a location that is hard to access.

2. The Supplement shall include only those incapacitated voters who are unable to come to the election commission independently.

3. If a voter is entered in the Supplement, the ground of the voter's entry in the Supplement shall be indicated in the general and special voters' lists to be attested by the signatures of the Chairperson and secretary of the Precinct Election Commission.

4. The Supplement includes the same data, which is contained in the general voters' list, indicating additionally the voter's serial number in the general or special list.

Article 12. Deleted.

Article 13. Publishing of Voters' Lists and the Supplement

1. On the day of its first meeting, the Precinct Election Commission is obliged to post the list of voters and the procedures established by law for lodging a complaint, while the Supplement should be posted at a conspicuous place at the Precinct Election Commission premises and polling places immediately after its compilation. Responsibility for failure to comply with the given requirement shall be placed on the Chairperson of the Precinct Election Commission.

2. In the lists indicated in paragraph 1 of this Article, on the basis of review of the data entered in the lists within the period established by this Law, in the column "Actual Status", along the family name of the voter who:

a) Is on the Georgian consular registry abroad, shall be indicated “on consular registry”;

b) Is abroad but not on the Georgian consular registry, shall be indicated “abroad”;

b¹) serves in the military service for a fixed period or on the contractual basis in the Georgian armed forces and units, shall be indicated “on military service”. [12.10.2004]

c) Is entered in the special list, shall be indicated “commission member”, “in hospital”, “in preliminary custody” or “at sea”;

d) Is entered in the Supplement, shall be indicated “entered in supplement”.

Article 14. Voting Invitation Card

1. No later than 2 days prior to election day, the Precinct Election Commission is obliged to provide to all the voters registered on the territory of the election precinct and included in the voters’ lists, a voting invitation card, in which shall be included the following:

a) Date and time of the poll;

b) Address of the polling place, including the number of the floor and the room;

c) Number of the voter in the voters’ list;

d) The rule for submitting a statement or an application by voter, due to health situation or other reasons, on taking part in the poll by means of a mobile ballot box, telephone (fax) number of the Precinct Election Commission and other information.

e) the number of the election precinct; [12.10.2004]

f) the name and surname of a voter; [12.10.2004]

g) date of birth (day, month, year) of a voter; [12.10.2004]

h) place of registration of a voter; [12.10.2004]

2. Non-receipt of a voting card does not constitute grounds for limiting the right to take part in the election.

CHAPTER III. ELECTION DISTRICTS AND ELECTION PRECINCTS

Article 15. Election Districts

1. Nineteen multi-mandate election districts shall be created for the Elections of the Parliament of Georgia: [ 23.12.2005]

Precinct	Administrative Units Included in the Election District	Mandates
1.	Tbilisi	5
2.	Abkhazia Autonomous Republic – Sokhumi City, Gagra, Gali, Gudauta, Gulripshi, Ochamchire, Tkvarcheli rayons	5
3.	Ajara Autonomous Republic – Batumi City, Keda, Kobuleti, Shuakhevi, Khelvachauri, Khulo rayons	5
4.	Tskhinvali, Javi rayons, Liakhvi Gorge	3
5.	Lanckhuti, Ozurgeti, Chokhatauri rayons	2
6.	Kutaisi City , Baghdati, Vani, Samtredia, Tskaltubo, Khoni rayons	3
7	Zestafoni, Kharagauli, Terjola, Sachkhere, Tkibuli, Chiatura rayons	2
8.	Akhmeta, Telavi, Lagodekhi, Kvareli rayons	2
9	Gurjaani, Dedoplistskaro, Sagarejo, Sighnaghi rayons	2
10.	Akhalgori, Dusheti, Tianeti, Mtskheta, Kazbegi rayons	2
11.	Zugdidi, Chkhorotku, Tsalenjikha, Khobi rayons	3
12	Poti City , Abasha, Martvili, Senaki rayons	2
13.	Adigeni, Aspindza, Akhaltsikhe, Borjomi rayons	2
14	Akhalkalaki, Ninotsminda rayons	2
15.	Rustavi City , Bolnisi, Dmanisi, Tetritskaro, Tsalka rayons	2
16	Gardabani, Marneuli rayons	2
12.	Gori, Kaspi, Kareli, Khashuri rayons	2
13.	Lentekhi and Mestia rayons	2
14.	Ambrolauri, Oni, Tsageri rayons	2

2. For local self-government elections each local self-government unit represents an independent election district. Local majoritarian election districts are formed on the territory of local self-government unit, as prescribed by this code. [23.06.06]

3. For local self-government elections the Central Election Commission of Georgia shall form local electoral districts on the territory under the electoral district's jurisdiction, where the electoral district comprises more than one local self-government unit. Every local electoral district comprises the whole territory of the relevant local self-government unit.

4. deleted [23.06.06]

5. For local self-government elections the cities of Batumi, Rustavi, Sukhumi, Kutaisi and Tskhinvali each constitutes a single local election district comprising the entire territory of the relevant city.

6. Deleted.

7. The Central Election Commission shall form electoral districts, define their boundaries, names and numbers no later than 105 days prior to the expiration of the authority of the Parliament of Georgia, and shall make public the relevant information of the district boundaries within 5 days. The revision of the electoral district boundaries shall take place no later than 75 days prior to the expiration of the authority of the Parliament of Georgia and the relevant information shall be made public within 3 days after the revision has been completed.

Article 16. Election Precincts

1. For the purpose of conducting the election and counting the votes, an election district is divided into election precincts.

2. An electoral precinct is formed for a minimum of 20 and maximum of 2,000 voters. The relevant District Election Commission shall form electoral precincts, define their boundaries, names and numbers no later than 75 days prior to the expiration of the authority of the Parliament of Georgia, and shall make public the relevant information stating the precinct boundaries within 5 days. The District Election Commission, based on the data of the bodies of local self-government and administration, shall compile and revise a list which includes the addresses of all the residential buildings and all those buildings within the election precinct which the election administration may use for election purposes.

3. In exceptional cases (a military unit, a hospital and other inpatient clinic encountering over 50 voters each, a ship at sea on the election day, etc), an electoral precinct may be formed not later than the 15 th day prior to the polling. The hospital (inpatient center), military unit (compound), where the number of voters (servicemen, patients) does not surpass 50, by the ordinance of the District Election Commission shall be attached to the closes electoral precinct. Based on a reasoned written request, of the commander of the relevant military agency and subject to the ordinance of the relevant District Election Commission, an electoral precinct may be formed in such a military unit (compound), where the number of voters (servicemen) surpasses 50.

4. Revision of the boundaries of an election precinct and of the list and addresses of the buildings located within it, shall be carried out by the District Election Commission no later than the 50 th day prior to election day and not later than the 38 day for the elections of representative body of local self government- Sakrebulo, based on the data and revision by the corresponding self-government bodies operating on the territory of a rayon, city, city-rayon. The revised boundaries shall be made public immediately. [23.06.06]

5. Election precincts on ships sailing on election day, as well as in military compounds, are established by the rules determined by this Law, according to the ports of registration of relevant vessels and location of the military compounds.

6. Election precincts existing outside Georgia are established by the Central Election Commission, based on the data of the Ministry of Foreign Affairs, no later than 30 days prior to election day. Upon the same ordinance, the Central Election Commission decides the issue of attributing these precincts to election districts. These electoral precincts shall be assigned Electoral District No. 01.

7. The District Election Commission shall, after 5 days from forming the electoral precinct in the case envisaged in paragraph 3 of this Article shall within 2 days make public the numbers, addresses, telephone and fax numbers and other information of these electoral precincts through the mass media.

CHAPTER IV. ELECTION ADMINISTRATION

Article 17. Status and System of Election Administration of Georgia

1. The election administration of Georgia is a legal entity of public law, which is established in accordance with this Law and exercises public authority within the limits of its competence specified by the same Law.

2. The election administration shall perform the duty assigned to it under the election law and shall secure the holding of a referendum/plebiscite, holding of the general elections for election of members of the representative bodies of the public authority and officials of the public authority, the free exercise of their legal interests by elections and referendum participants in accordance with this law. The election administration shall control, within its terms of reference, the execution of the election law all over the territory of Georgia and shall secure its unambiguous application. [22.04.2005]

3. The election administration is independent, within the limits of its authority, from other government agencies.

4. The election administration of Georgia is a centralized system, comprising the Central Elections Commission of Georgia (CEC), supreme election commissions of autonomous republics of Abkhazia and Adjara and the staffs of those commissions, district and precinct election commissions. The higher body of the election administration of Georgia is the Central Elections Commission of Georgia, which oversees and controls election commissions of all levels in the whole territory of Georgia . [22.04.2005]

5. The procedure for forming election commissions and their authority are determined under this Law, except for the Central Election Commissions of the Abkhazian and Adjarian autonomous republics. The latter's forming procedure is determined pursuant to the related law of the autonomous republic, their authority being determined under this Law and the law of the autonomous republic.

6. The Central Election Commission is accountable to the Parliament of Georgia. Within 60 days after the end of the elections, the Central Election Commission shall submit to the Parliament of Georgia a report regarding the offences against the election law committed in the course of the elections, the offending public officials, the cases referred to the Prosecutor's Office by the Central Election Commission and DECs, the complaints lodged by the commissions in the courts of law, and the related court judgments.

7. deleted [23.06.06]

Article 18. Composition of Election Administration [22.04.2005]

1. Election Commission is composed of the commission Chairman, Deputy Chairman, commission Secretary and other members.

2. Members of election commission and staff of apparatus are the election administration officials.

3. Election administration official has no right to join a party, if s/he was a member of a party, s/he shall leave it.

4. The members and staff of the Central, Abkhazia and Adjara Supreme Elections Commissions and members of district election commission, other than the assisting servants and part-time servants, are public officials. They come under the clauses providing restrictions in activity and official incompatibility established by Articles 61 and 64 of the Law of Georgia on Public Service and paragraphs 1, 3, 6-9 of Article 13 of the Law of Georgia on Conflict of Interests and Corruption on Public Service”. An official of the election administration has not a right to be a servant of a state authority or institution of another country.

5. A voter can become a member of Central, district and precinct election commission, except:

a) Except the members of precinct election commissions [23.06.06]a person, who does not have a certificate of an election administration official;

b) A person, who was dismissed from the position s/he was holding in election administration by an election commission or court for violating election legislation;

c) A person, whose fault in violating election legislation is confirmed by court;

d) A person, who has been sentenced for a crime (except the case, when a penalty was imposed as the sanction) and the sentence is not vacated;

e) Heads and deputy heads of departments/services, which are included in the executive branch of government;

f) Heads and deputy heads of local government and self-government bodies;

g) Employees of the Ministries of Defense and Internal Affairs of Georgia, and special Service of State Security;

h) Judges and their assistants;

i) Employees of the prosecutor’s offices;

j) Election subjects and their representatives;

k) Domestic and international observers.

5¹. Central Election Commission defines by ordinance the rules and conditions on special training of members of the precinct election commission. [23.06.06]

6. If elected as election administration official, within 7 days the person shall meet the requirements set forth in paragraphs 3 and 4 of this article about the limitation of service and work incompatibility.

Article 19. Rights and Responsibilities of Election Commission Members

1. A member of an election commission is obliged to take part in its activities as of the day of his/her appointment (election) as a commission member.

2. A member of a District or Precinct Election Commission is obliged to sign the summary protocol of the voting and election results and, in a case where he/she does not agree with the data included in the protocol, is authorized to make a relevant note on the same line with his/her signature and attach their dissenting opinion to the protocol, in written form.

3. A member of the election commission is not a representative of his/her appointing/electing subject. In his/her activities such person shall be independent and subordinate only to the Constitution of Georgia and the Law. Any influence on the election commission member or interference with his/her activities is prohibited and punishable by law.

Article 20. Term of office of a member/official of election commission [22.04.2005]

1. The term of office of a chair/ member of CEC and district election commission is determined at 6 years.

2. The term of office of a member of a precinct election commission begins on the day of first meeting of the newly established precinct election commission, and expires upon the completion of all the procedures in the given precinct set forth in this law.

3. The term of office of an election commission member expires at the moment a commission member replacing him/her is elected.

4. The first session of a newly established PEC shall be held no later than the 34 th day prior to a general election. In case of exceptions and the election precincts established within a foreign country, the first meeting of the precinct election commission shall be held no later than the 3 rd day following the establishment of a commission. The first meeting of a precinct election commission is called by a chair from a corresponding district election commission. Exception is the precinct election commission established in another country, its first meeting shall be convoked by the CEC chairperson. [23.06.06]

5. One and the same person shall not be elected as the CEC, DEC chairperson/member during 6 years after his/her authority is terminated.

Article 21. Early termination of the term of office of an election commission member/official [22.04.2005]

1. The authorities of CEC chair/member is terminated early by the resolution of the Parliament of Georgia, and the term of office of a member of precinct or district election commission – by the decree of the upper-level election commission. The CEC deputy chair and secretary, also the chairs of DECs and PECs, their deputies and secretaries are dismissed pre-term by the decree of the relevant election commission in case:

a) Of resignation:

a.a) Statement on resignation of CEC chair, on termination of the authorities of a CEC member shall be submitted to the Parliament of Georgia;

a.b) Statement on resignation of CEC deputy chair/secretary shall be submitted to CEC;

a.c) Statement on resignation of district or precinct election commission chair/deputy chair/secretary shall be submitted to the relevant election commission;

a.d) Statement on termination of the authorities of a district or precinct election commission shall be submitted to the upper-level election commission;

b) An election commission member does not terminate incompatible activity or/and job within 7 days after s/he is elected;

c) An election commission member occupies a position incompatible to his/her status as determined by this law;

d) A fact of an activity incompatible to the status of an election commission member is revealed;

e) Incorrect data given in the statements, decisions and their appendix, set forth in paragraph 6 of Article 28, paragraph 7 of Article 33, paragraph 9 of Article 37 of these law is revealed – from the day of the exposure of this fact;

f) Of not implementing the duties of election commission chair/member for two months in range or missing the election commission sessions three times in range without a good reason;

g) A verdict of guilty is brought in by court or court has confirmed the violation of election legislation by a commission member – in case the court decision comes into legal force;

h) The party, which appointed an election commission member, is banned or liquidated (If liquidation does not happen because of merging with a party, which did not have a right to appoint a commission member; In such case the liquidated party is replaced by the party it merged with) – in case the court decision on banning the party comes into legal force, and when liquidating – in case the decision on liquidation is adopted;

i) The party, which appointed a precinct election commission member, recalls him/her – in case the statement on recalling is submitted to the relevant district election commission;

j) The voter’s status of an election commission member is abolished;

k) Of regular or bold violations of election legislation, election administration ROP or existence of other relevant basis determined by the Law of Georgia on Public Service.

2. Raising the issue of removing chair/deputy chair/secretary of an election commission, also the issue of early termination of the authorities of election commission member with the same grounds, is prohibited twice in range during 6 months.

3. If one of the conditions set forth in paragraph 1 of this article should arise, the issue of resignation of chair/deputy chair/secretary of an election commission, also the issue of early termination of the authorities of election commission member shall be considered and decided by: the Parliament of Georgia – within 15 days, or an authorized election commission – within 5 days. The decision shall be made according to the same rule that was used when electing them.

4. If the application on the resignation/termination of authority is not allowed within the term set forth in this article, the chair/deputy chair/secretary of an election commission shall be deemed as resigned, authorities of election commission member – terminated on the next day following expiration of this term.

5. Recalling precinct election commission member during last 15 [23.06.06] days before the vote, is prohibited.”

Article 22. Rules for the Work of an Election Commission

1. The rules for the work of election commissions are determined by this Law and by the regulations of the relevant commission, which is passed through a Decree of the Central Election Commission.

2. Deleted.

3. In case of the absence of the Chairperson of an election commission, or under delegation of the Chairperson, his/her duties are carried out by the Deputy Chairperson.

4. The frequency of election commission sessions is determined by the relevant commission. In case of necessity, an extraordinary session is called by the Chairperson or Deputy Chairperson.

5. Sessions are chaired by the Chairperson or Deputy Chairperson.

6. The meeting is valid if attended by the majority of the full commission. [22.04.2005]

7. The commission decision is made, if voted pro by the majority of those attended (unless this Law provides a higher quorum), but at least by one third of the full commission. [22.04.2005]

8. In case of equal division of votes, the vote of the session’s Chairperson is decisive.

9. The human resources issues shall be resolved at the session by the majority of the full commission. [22.04.2005]

10. Minutes for the session are compiled, which are signed by the session’s Chairperson and the commission secretary.

11. The session Minutes are processed within 2 days of the date of the session.

12. A member of an election commission, who does not agree with a decision of the commission, has the right to express a dissenting opinion in written form, which is attached to the Minutes of the session. The member, who has a dissenting opinion, is obliged to respect and obey the decision made by the commission. He/she does not have the right to prevent, by his actions, the execution of this decision.

13. Deleted. [22.04.2005]

14. Deleted

15. An election commission accepts, issues and registers documents until 6 p.m. on working days, except for those cases envisaged by this Law

16. On acceptance of an application (complaint), the date and time of its acceptance is noted in the registration journal of the commission and on the acknowledgement receipt issued to the applicant (complainant). The commission adjudicates the application (complaint) and makes an appropriate decision.

16¹. The applicant (complainant) shall confirm receipt of the acknowledgment receipt for any document from the commission by signing in the registration journal.

17. An election commission is authorized not to consider an application (complaint), if the deadline and procedure for submission has been violated.

Article 22¹ . Elections of election commission officials/members [22.04.2005]

1. The chairman of election commission (except the CEC chairman), deputy chairman/secretary, after the corresponding vacancy appears, shall be elected from among the commission members at the first meeting of the commission, for the membership term of office, by the majority of the full commission, and by roll-call vote.

2. Election commission officials can be nominated by:

a) Candidate for district or precinct election commission chair – by at least two members of the commission;

b) Candidate for deputy chair – by chairman of the commission;

c) The candidates for leading position in the election commission should be nominated by at least two members of the commission. [23.06.06]

d) One and the same candidate may be nominated twice only.

e) If within the established term the commission fails to elect the commission chair/deputy chair/secretary, the functions of this officials before his/her election shall be performed by that member of the commission, who gets most votes during the voting and in case of equal votes – by the person determined among them by casting of lots.

f) In case the commission chair and deputy chair simultaneously or commission secretary cannot temporarily carry out the duties determined by this law, and meanwhile an action related to the special authorities of the chair or secretary needs to be taken, the commission immediately elects a proxy authorized to carry out the powers of chair or secretary from among its members according to the rules set forth in paragraphs 1 and 2 of this article. As soon as the chair or deputy chair can carry out their duties, the authorities of the commission chair’s proxy are ceased, and as soon as the secretary can carry out his/her powers, the authorities of the his/her proxy are ceased.

g) If election commission does not have both chair and deputy chair, the commission secretary convenes the commission session for the elections of the chair and presides over it until the chair is elected. In case the commission does not have secretary either, the oldest commission member convenes the session and presides over it until the chair is elected.”

Article 23. Compensation for Members of the Central Election Commission of Georgia

1. The Chairperson, Deputy Chairperson, commission secretary and other members of the Central Election Commission of Georgia are paid salaries from the State budget of Georgia, for the whole term of their authority.

2. Staffing of the CEC is approved by the CEC, on submission by the Chairperson, while the Parliament of Georgia on submission by the CEC approves its budget.

3. Extra time and overtime work of members of the Central Election Commission of Georgia and its staff [23.06.06]is compensated during the pre election and election period (during three months) only [23.06.06]by an amount determined by the Central Election Commission, from the funds allocated for the conduct of elections.

Article 24. Compensation for Members of District and Precinct Election Commissions

1. The chair, deputy chair, commission secretary and other members of a district election commission shall be paid wages from the state budget during the total terms of their office. [22.04.2005]

1) Deleted [22.04.2005]

2. The PEC chair, deputy chair, secretary and other members of the precinct election commission shall receive salaries from the funds allocated for the conduct of elections (based on the ordinance of the relevant DEC) from 30 th to 32 th days (for the elections of local self government body –Sakrebulo from 34 th to 36 th days) before the elections, during the repeated voting and/or second round of the elections, as well as during the four days after the election day. [23.06.06]

3. The remuneration paid to members of District or Precinct Election Commissions is determined by the Central Election Commission.

4. Extra time and overtime work of members of District [23.06.06] Election Commissions is compensated during the election period only from the funds allocated for conducting elections [23.06.06] by an amount determined by the Central Election Commission of Georgia.

Article 25. Legal Acts of Election Administration of Georgia

1. Legal acts of the election administration of Georgia are:

a) Decrees and ordinances of the CEC, ordinance and orders of the CEC Chairperson, ordinance of the CEC Secretary [23.06.06];

b) Ordinances of the DEC, ordinance of the DEC Chairperson, ordinance of the DEC Secretary;

c) Ordinances of the PEC, ordinance of the PEC Chairperson.

2. A decree of the CEC is a subordinate normative act, which may be passed only in cases directly stipulated by this Law. Decree may also be passed in exceptional cases, from the commencement until the end of elections, if matters required for the holding of elections and not envisaged by this Law shall be necessarily settled. A manual describing individual election procedures may also be approved by a decree which shall not contain a norm differing from the one established by this Law or a new norm, and which may contain only a detailed description of procedures specified by this Law.

3. CEC resolution shall be deemed as passed, if voted pro by at least two thirds of the full commission. The resolution shall be signed by the chairperson of the relevant meeting of CEC and the Commission secretary. The CEC resolution shall take effect after its registration at the Ministry of Justice of Georgia, beginning from 24:00 of the day of its promulgation in The Georgian Legislation Bulletin, unless the resolution itself provides a later date. Adoption of a resolution 4 days prior to the voting is prohibited. [22.04.2005]

4. The orders of the election commission, its chairperson and secretary are individual legal acts which shall be passed/issued in the cases and within the frames determined by this Law and CEC resolution. The commission order shall be signed by the chairperson of the relevant meeting of the commission and commission secretary. Other orders shall be signed by a person issuing it. Unless this Law provides another quorum, the commission order shall be deemed as passed, if voted pro by the majority of those attended, but by at least one third of the full commission. [22.04.2005]

4.1. Orders of the CEC chairperson are individual legal acts, which shall be issued in cases related to internal, including staff related issues [23.06.06].

5. Decisions adopted by the Central, District and Precinct Election Commissions of Georgia and their officials shall within the limits of their authority be binding on the whole territory of Georgia, of an election district and election precinct respectively.

Article 26. Composition of Election Commissions [22.04.2005]

1. The Central Elections Commission shall be composed of its chairman and 6 members. During his/her term of office, CEC chair is also a CEC member. Termination of the authorities of CEC chair means the termination of his/her duties as of a CEC member.

2. District election commissions shall be composed of 5 members and precinct election commissions of 9 members, appointed/elected by the subject specified by this Law in the term and under the procedure established hereunder [23.06.06].

Article 27. Establishment of Central Elections Commission of Georgia [22.04.2005]

1. The chairperson of the Central Elections Commission of Georgia and its 7 members shall be elected by the Parliament of Georgia under nomination of the President of Georgia.

2. Candidates for CEC chairperson/members shall be selected under the open vacancy procedure.

3. No later than 60 days prior to expiration of the term of office of the CEC chair/member the President of Georgia shall issue an order on holding of a competition and formation of a Competition Commission.

4. A non-party person having higher education and a positive public image, fluently speaks Georgian, has at least 3 years of work experience and a certificate of election administration officials, may become a candidate for CEC member.

5. An eligible citizen of Georgia of at least 25 years old, who meets the requirements of paragraph 5 of Article 18 of this law, paragraph 4 of this article and Article 17 of the law of Georgia on Civil Service, have a right to participate in the competition. The application documents shall be submitted no later than 14 days after the competition is announced.

6. The application filed for participation in the competition shall indicate: the first and last names of a candidate; education (higher); specialty, academic degree (if any); place of residence (according to the ID card (registration certificate) of a citizen of Georgia); place and title of job; contact address and telephone number. The application shall be signed by the candidate and shall be enclosed with:

a) two photos of a candidate;

b) copy of ID card (registration certificate) of a citizen of Georgia;

c) copy of diploma of higher education (academic degree – if any);

d) copy of the certificate of the election administration official;

e) Work CV and description of his/her experience of participation in elections (if any).

7. If at least 2 candidates are not nominated for one vacancy within the term determined by this Law, the competition shall be prolonged until at least 2 candidates are nominated for one vacancy.

8. In 2 days following expiration of the term for nomination of candidates the list of candidates shall be published.

9. No later than 5 days following expiration of the term for nomination of the candidates the Competition Commission nominates to the President of Georgia at least 2 and no more than 3 candidates for each vacancy. The President of Georgia selects the candidate for the position of the CEC chairperson himself. No late than 7 days after the selection/nomination of the candidates, the President of Georgia shall make the decision on selection of candidates and nominate to the Parliament of Georgia the candidate for the CEC chairperson and 2 candidates for each vacancy of CEC member.

Article 28. Election of the Chairperson/member of Central Elections Commission of Georgia [22.04.2005]

1. Within 14 days following the nomination by the President of Georgia of the candidates for CEC members/chairperson to the Parliament of Georgia, the Parliament of Georgia shall elect the chairperson/members of CEC using a roll-call vote. Each candidate shall be put on vote separately. The CEC chairperson/member is deemed as elected if the majority of the acting members of the Parliament vote for it. If the number of these people is more than the number that is to be elected, the 6 candidates with the best results shall be deemed as elected. If a winner cannot be revealed because of the equal number of votes received, these candidates are immediately put on vote until the winner is revealed among them.

2. If all vacancies are not filled up, the rest of the candidates are put on vote again. If vacancy is not filled again, one more vote is held. If the vacancy is not still filled, within 3 days the President of Georgia nominates 2 candidates on each unfilled vacancy from other candidates participating in the competition. If the vacancy is still not filled, no later than 3 days a competition is announced for the rest of the vacancies and the nomination procedure starts again.

3. One and the same candidate may be nominated twice only.

4. After the pre-term termination of the terms of office of a CEC member, in order to fill the commission composition up to seven members, during the nearest session week of the Parliament of Georgia, the President of Georgia shall nominate to the Parliament of Georgia those candidates who received no less than the majority of votes of the acting MPs, or announce the competition within 3 days. The same rule is applied if there is no such candidate.

5. The order of the President of Georgia on election of CEC chairperson/member shall be submitted to CEC within 7 days after its adoption.

6. The order mentioned in paragraph 5 of this article shall indicate the first and last names of a person elected the CEC chairperson/member. The order shall be enclosed with the documentation submitted for the competition as determined by paragraph 6 of Article 27 of this law and the statement signed by the abovementioned person certifying that s/he meets the requirements set forth in paragraph 5 of Article 18 of this law

Article 29. Authority of the Central Election Commission of Georgia

1. The Central Election Commission:

a) Ensures holding of elections/referendum/plebiscite within the frames of its competencies, controls the implementation of election legislation on the territory of whole Georgia and ensures its equal application;[22.04.2005]

b) Shall, by decree, approve the election administration regulations;

c) in extraordinary cases, if compliance with some provisions/terms established by this Law is not possible, shall be entitled to determine under its resolution the measures to be implemented for holding of the elections/poll; moreover, in case of necessity and under this Law to submit to the President of Georgia the proposal on appointment of a new date for the elections; [12.10.2004]

d) Shall, by decree, determine the rules for the participation and usage of governmental and non-governmental mass media in the election process and monitor the implementation of these rules in accordance with this Law and other Georgian laws;

e) Shall, by ordinance, establish election districts and define their boundaries;

f) In case of necessity and for resolution of particular issues defined under articles 105 and 13 of this law [23.06.06], may, by ordinance, to be passed by at least two-thirds of the total number of all members, set up a special group and define the limits of its authority and the period of its activity thereof;

g) In case a subordinate election commission does not or cannot perform the obligations imposed on them by the law, may, by ordinance to be passed by at least two-thirds of the total number of all members, decide to terminate the authority of the commission transfer that authority to a special group set up for exercising such authority until a new commission is elected;

h) Determines the rules of division and usage of state funds allocated for holding elections and referendum/plebiscite by issuing a resolution; [22.04.2005]

i) Establishes the form of election/referendum/plebiscite ballot papers; Texts of the ballot papers for the elections of the Parliament of Georgia, the President of Georgia and Tbilisi city Sakrebulo as well as for referendum/plebiscite; forms of election boxes, election envelopes and election commission stamps; forms of election documents not determined by this law, but necessary for organizing the elections; [22.04.2005]

j) Shall ensure the production of election related documents, ballot boxes, special envelopes and seals for election commissions and their delivery to DECs;

k) Shall, by ordinance and in accordance with the terms prescribed by this Law, determine a timetable for election activities;

l) Shall, by ordinance, appoint off-year, by-elections, second ballots, and second round of elections; [23.12.2005]

m) Shall, by own initiative or under the application/petition check the legitimacy of decisions and acts of election commissions, their officials and in case of any revealed violation shall invalidate or revise them by its decree; under a decree, shall make the decision on opening of parcels received from the respective precinct election commissions and on the recounting of ballot papers/special envelopes/registers of voters.” [12.10.2004]

n) Based on the summarizing protocols of voting results of district and precinct election commissions, determines the results of elections of the Parliament of Georgia (by party lists), the President of Georgia, Tbilisi city Sakrebulo and referendum/plebiscite, and confirms the final protocol of the Central Elections Commission of Georgia by issuing a decree; [22.04.2005]

o) deleted [23.06.06]

o) Shall ensure computer processing of the voting/election results communicated by DECs and their immediate placement on the Internet; in case the decision as per subparagraph (m) of this paragraph is adopted, it shall also be placed on the Internet;

p) Gives an election/referendum/plebiscite observer status to an association, foundation, international organization determined in this law, also to the organization registered in other country, a group of representatives of government bodies of a foreign state, by issuing a decree; [22.04.2005]

q) Shall manage the activities of DECs, regularly hear their reports;

r) Shall manage and control the provision of premises, communication facilities, transport and other matters of logistics with respect to election commissions;

s) Shall ensure the publication and distribution of information materials;

t¹) Determines the rule of certification of election administration officials and the conditions of the selection competition for CEC staff and district election commission members by issuing a resolution. [22.04.2005]

t) Shall ensure the conduct of seminars and training courses for improving election administration officers' skills;

u) Shall, in the manner established by this law, consider election-related applications and complaints and take the appropriate decisions within the limits of their authority;

v) Shall be responsible for the formation of the general list of voters, its computer processing and placement on the Internet of the part designated for public inspection (the family name, given name, father's name, date of birth, registration address, also the actual address of an IDP);

w) Shall exercise other authority granted under this Law.

x) Shall determine the additional rule of creating a unified voters’ list and the voting procedures through a decree. [09.12.2005]

2. All CEC decrees are published in the Georgian Official Gazette (Sakartvelos Sakanonmdeblo Matsne) and may also be published by other mass media. The CEC ordinance relating to the issues as per subparagraphs (e) to (g), (k) to (o), and (q) of Paragraph 1 of this Law, as well as the CEC Chairperson's ordinance relating to the issues as per subparagraphs (e) and (f) of paragraph 2 of Article 30 of this Law shall be published within 3 days of their issue.

3. The Central Election Commission of Georgia is authorized to adopt a decree on other issues related to election procedures which have not been envisaged by this Law.

Article 30. Powers and Authorities of the Chairperson, Deputy Chairperson and Secretary of the Central Election Commission of Georgia

1. The CEC Chairperson shall be the highest officer of the Election Administration.

2. The CEC Chairperson shall:

a) Administer all administrative functions in the CEC;

b)Chair CEC sessions;

c) Disburse the funds of the CEC;

d) Delegate duties to the Deputy Chairperson, Secretary, other CEC members and employees of the Apparatus in accordance with the Regulations of Election Administration;

e) Register the parties and election blocs participating in the elections, as well as initiative groups of voters (for the Presidential Elections of Georgia), their representatives in the CEC and issue relevant registration certificates thereto;

f) Register candidates for the elections for the President of Georgia, party lists, and candidates nominated by the parties/election in electoral districts (for parliamentary elections) blocs for single-mandate districts (for parliamentary elections) and issue relevant certificates to the candidates specified in this subparagraph; [23.12.2005]

g) Issue the appropriate verification certificate to the elected President of Georgia, members of the Parliament of Georgia, members of Tbilisi City Sakrebulo; and in case of termination of authority of any of the members of the Parliament [deletion – 23.12.2005]or of Tbilisi City Sakrebulo before the expiration of the term of such authority – to the successors thereof;

h) Submit to the Interim Credentials Commission set up under the newly elected Parliament of Georgia or, after establishing the relevant Standing Committee, to such Standing Committee, the documentation necessary for verifying the authorities of the persons elected as the Members of the Parliament;

i) If the authority of any of the CEC members elected by the Parliament is terminated before the expiration of the term established for such authority and, for this reason, the number of CEC members becomes less than 7, the CEC Chairperson shall give notice to the Parliament to that effect on the date following the date of such termination;

j) Exercise other powers and authorities granted thereto under Election legislation.

3. The CEC Deputy Chairperson shall:

a) Perform the duties assigned to the CEC Chairperson, if the CEC has no such Chairperson or the incumbent Chairperson is unable to perform such duties;

b) Exercise some particular authorities of the CEC Chairperson according to an ordinance issued by such CEC Chairperson and with the consent of the CEC (such ordinance shall specify the scope and term of the authorities so assigned).

4. The CEC Secretary shall:

a) Distributes election documents and all correspondences submitted to and addressed to the CEC;

b) Register the representatives of any party/election bloc participating independently for the elections for the Parliament of Georgia and Local Self-Governments, as well as the parties or initiative groups of voters nominating candidates for the election of the President of Georgia and issue the relevant certificates thereto;

c) registers the observers appointed to the CEC by a union/foundation/international organization having the status of the elections/referendum observer, the observers sent by other state authority bodies and issues to them the observer’s cards; [12.10.2004]

d) Makes accreditation of representatives of the mass media and issues to them the accreditation cards;” [12.10.2004]

e) Draw up the protocols summarizing the election results;

f) Exercise any other powers and authorities granted thereto under the election Law.

Article 31. Apparatus of the Central Election Commission of Georgia [16.09.2004]

1. The Apparatus of the Central Election Commission of Georgia shall be established for the purpose of ensuring organization, legal and technical support of elections.

2. The Apparatus structure, rules for its activities and its authorities are determined by the regulations of the Central Election Commission.

3. It is inadmissible to accept into the Apparatus a person, who has not been awarded a certificate of an election administration official by the Central Election Commission, except for auxiliary and technical staff, as well as those staff representatives whose activities are not directly related to election procedures. The list of such activities (services) and staff members is defined by CEC ordinance.

Article 31¹. Powers and Authorities of the Central Election Commissions (CECs) of Abkhazia and Adjara Autonomous Republics

1. The CECs of Abkhazia and Adjara Autonomous Republics shall, according to this Law and applicable laws of the Autonomous Republics, organize the general elections for the state representative authorities and for holding offices in the government authorities of the Autonomous Republics, and shall ensure that voters can exercise their legal rights freely without any impediments. When holding the elections, the CEC of any of the Autonomous Republics shall, within the scope of its competence, exercise control over the compliance with, and ensure uniform application of, the Election legislation throughout the territory of such Autonomous Republic.

2. When conducting elections as specified in this Article, the District Election Commissions set up on the territory of any of the Autonomous Republics in accordance with this Law, are subordinate to the CEC of such Autonomous Republic.

Article 32. Establishment of District Election Commission [22.04.2005]

1. District election commissions shall be created by and Members [23.06.06] shall be elected by the majority of the full CEC.

2. Officials of district election commission shall be elected by the district election commission from among its members by the majority of its full composition.

3. After appointment of elections till it is over, district election commission has a right to hire support and technical staff, but no more than 5 persons.

Article 33. Election of Chair / member of District Elections Commission [22.04.2005]

1. Central Elections Commission of Georgia elects a member of district election commission no earlier than 20 and no later the 10 days of the expiration of the terms of reference of the district election commission member. The officials of district election commission are elected in the same timeframe.

2. In case of early termination of the terms of office of a member of district election commission his/her substitute shall be elected by CEC within 15 days (after appointment of the elections day – within 7 days). The same rule is applied in case of early termination of the authorities of district election commission officials. This information shall be published according to the rule set forth in this law.

3. Candidates for district election commission membership shall be selected based on the open competition.

4. No later than 60 days before the expiration of the terms of office of district election commission member or no later than 3 days after the early termination of his/her authorities, the CEC shall issue a decree on holding the competition.

5. Candidate of district election commission member shall be a nonpartisan person with high education, who freely posses the state language of Georgia and has a certificate of election official.

6. A Georgian citizen from 21 years old, who meets the requirements of paragraph 5 of Article 18 of this law, paragraph 5 of this article and Article 17 of the law of Georgia on Public Service has a right to participate in the competition. The competition documents shall be submitted in the following terms:

a) In case of expiration of terms of office –14 days after announcing the competition;

b) In case of early termination of authorities – 10 days after announcing the competition, if the elections are appointed – 2 days after announcing the competition.

7. The documents submitted for the competition shall indicate: the first and last name of a candidate, education (high education), specialty, scientific degree (if any), address (according to the ID card (registration certificate) of a citizen of Georgia), work place and title, contact address and telephone number (if any), number and name of the election district, where s/he wants to become a district election commission member; the statement shall be signed by the candidate and it should be enclosed with:

a) two photos of the candidate;

b) copy of ID card (registration certificate) of a citizen of Georgia;

c) copy of a document certifying the candidate’s high education (scientific degree – if any);

d) copy of election administration official’s certificate;

e) Work biography and election related experience (if any) of the candidate.

8. The candidates of district election commission members shall submit the competition documents determined in paragraph 7 of this article to the CEC.

9. If the submitted documents do not meet the requirements set forth in this article, the CEC chairperson informs the candidate about this (with indication of the irrelevance) within 2 days. The corrected documents shall be submitted back to the CEC in 2 days.

10. The CEC publishes the list of candidates within 5 days after the expiration of the deadline for submitting the documents.

11. The CEC elects the members of district election commission by a roll-call vote. Each candidate is voted on separately. A person, who receives the support of the majority of the full CEC, shall be considered elected. If the number of such persons is more than the number of those to be elected, then the candidates with the best results among them will be deemed as elected; if the winner cannot be determined due to the equal number of votes received by some candidates, these candidates are put on vote immediately in order to reveal the winner. If the winner is still not revealed, s/he will be determined by casting the lot. If all the vacancies are not filled as a result of the vote, the rest of the candidates are put on vote again. If all the vacancies are not filled again, the competition on the rest of the vacancies is announced again.

12. One and the same candidate can be nominated only twice.

13. The decree on the election of a district election commission member shall indicate the name and last name of the elected person, name of the district election commission, as the chairperson/member of which s/he was elected. The decision shall be enclosed with the documents submitted for the competition as set forth in paragraph 7 of this article and the statement signed by the abovementioned person, where it shall be indicated that s/he meets the requirements established by paragraph 6 of Article 18 of this law.

14. The CEC publishes the list of the elected commission members.

Article 34. Powers and Authorities of District Election Commission

1. A district election commission is a standing territorial body of the election administration of Georgia formed according to the rule set forth in Article 32 of this law. [22.04.2005]

1¹ District election commission prossesses a stamp carrying its name, seal, independed Balance Sheet, and settlement and current bank accounts. Responsibility for spending the funds allocated to the District election commissions by CEC lies with the chairman of the commission and accountant. The amount of financing allocated for Elections could be spent by DEC from account opened in any commercial bank or/and its branch [23.06.06].

2. The DEC shall:

a) Within its competencies shall ensure the conduction of elections and referendum/plebiscite in the election distinct, control the fulfillment of the election legislation and secure its unambiguous application; [22.04.2005]

b) Delimit and specify the boundaries of election precincts by issuing the relevant ordinance;

c) If any Precinct Election Commission (PEC) fails to perform the duties assigned to it under the Law, the DEC has the right to request the CEC to suspend the authority of such PEC, by a majority decision of total number of DEC members;

d) Determine, by ordinance, the text of ballot papers for the elections of local self-government to be held in the election district;

e) At its own initiative or on the basis of an application/complaint, verify the fairness of decisions made by PECs and appointed officials thereof and, if any violation is detected, revoke or change such decisions by issuing the relevant ordinance;

f) On the basis of an application/complaint (if such application/complaint is filed according to the procedure and within the period prescribed hereunder) or at its own initiative, examine the lawfulness of the actions and decisions taken and made by PECs on election day, as well as by the appointed officials thereof (including the correctness of the registration of election participants, counting of ballot papers and etc) and, if it detects any violation, shall make the appropriate decision (including, changing the data on the summary protocol submitted by the PEC, and in accordance to an examination of the results; or announces the voting results in the election precinct null and void). If the violation results in a change of any person elected in a single-mandate district or of any candidate participating in the second round of elections, or a change of any persons elected in a multi-mandate district (when holding elections for local self-government bodies), or such violation has an adverse effect on the decision as to whether the elections shall be deemed held or not (for single-mandate districts and for elections of local self-government bodies), and if such examination doesn’t enable the DEC to establish the fairness of the result, shall make the decision to render the voting results in the relevant election precinct null and void and raise the question before the CEC to appoint the date for a second ballot;

g) Based on the decrees of precinct election commissions and summarizing protocols of vote results, with taking into account the results of considerations of the election legislation violations, summarizes the vote results in the election district during the elections of the Parliament of Georgia (by party lists), the President of Georgia, Tbilisi city Sakrebulo, also when a referendum/plebiscite is held, and confirms the district election commission’s final protocol of the vote results of by issuing a decree; [22.04.2005]

h) On the basis of ordinances and summary protocols of final election results submitted by PECs, and in consideration of the results of the adjudication of violations of Election Law, establish for the election district the results of the elections for the Parliament of Georgia (Deleted), [23.12.2005] the elections of local self-government authorities (except for that of Tbilisi City Sakrebulo) and approve the summary protocol of final election results of the DEC by the appropriate ordinance;

i) Gives a status of a domestic observer of election/referendum/plebiscite to the local association/foundation determined in this law; [22.04.2005]

j) Direct activities of PECs, hear the reports of such commissions on a periodic basis;

k) Organize and conduct off-year elections, by-elections,(Deleted) [23.12.2005] as well as second ballots and second round of elections;

l) Shall manage and control the provision of premises, communication facilities, transport and other matters of logistics with respect to election precincts;

m) Ensure PECs are provided with the necessary ballot boxes, special envelopes, seals and election documents;

n) Hears and receives information provided by local self-government and administration bodies, public institutions and organizations, mass media owned by the state and local self-government authorities operating on the territory of the election district in connection with the fulfilment of their obligations as assigned under the election Law and exercise control over the fulfilment of such obligations; and ensure adequate control over the allocation of places for posting and displaying election posters;

o) Exercise control over fulfilment of the rules established for the participation and usage of the mass media in the elections;

p) Ensure the release and publication of information related to the elections;

q) Assist in organizing meetings of parties/election blocs/candidates with the electorate;

r) Adjudicate appeals and claims related to the election process and make relevant decisions within the scope of its competence;

l) Deleted. [23.12.2005];

s) Assist in compiling the List of Voters in accordance with procedures established by this Law and ensure publicity and accessibility thereof;

t¹) Ensures organization of seminars and study courses for enhancing the qualification of the candidates of precinct election commission members [23.06.06].

u) Exercise other powers and authorities granted under this Law.

3. Any ordinance issued by the DEC in connection with the matters specified under sub-paragraphs (b), (e) - (i) of paragraph 2 of this Article, and any ordinance of the DEC Chairperson applying to matters specified under sub-paragraphs (f) and (g) of paragraph 1 of Article 35 of this Law, shall be published within a period of 5 days.

Article 35. Powers and Authorities of the Chairperson, Deputy Chairperson and Secretary of District Election Commission

1. The DEC Chairperson shall:

a) Administer all administrative functions in the DEC;

b) Chair DEC sessions;

c) Deleted; [22.04.2005]

d) Disburse the funds of the DEC;

e) Delegate duties to the Deputy Chairperson, Secretary, other DEC members and employees of the Apparatus in accordance with the Regulations of Election Administration;

f) For local self-governance elections (except for Tbilisi City Sakrebulo elections), register initiative groups of voters [Deleted], their representatives in the DEC and issue the relevant registration certificates thereto; [23.12.2005]

g) Register [Deleted] candidates nominated by a party/election bloc and the candidates nominated by the initiative groups of voters as provided by the present law, for the elections of Local Self-Government and issue the relevant certificates thereto; [23.12.2005]

h) Issue the relevant certificates to the elected members of the Sakrebulo (except for the Tbilisi City Sakrebulo) and, in case of termination of such member’s authority before the expiration of the term of such authority, to the successors thereof;

i) Submit to the CEC documentation necessary for verifying the authorities of the persons elected as members of a Sakrebulo and any other election documents provided for under the Election Law;

j) If the authority of any of the DEC members is suspended before the expiration of the term established for such authority, give notice to the CEC to that effect on the date following the date of such suspension;

k) Exercise other powers and authorities granted to the Chairperson under the election Law.

2. The DEC Deputy Chairperson shall:

a) Perform the duties assigned to the DEC Chairperson, if the DEC has no such Chairperson or the incumbent Chairperson is unable to perform such duties;

b) Exercise some particular authorities of the DEC Chairperson according to an ordinance issued by such DEC Chairperson (such ordinance shall specify the scope and term of the authorities so assigned).

3. The Secretary of District Election Commission shall:

a) Distribute the election documents and all correspondence submitted to and addressed to the DEC;

b) Register the representatives of any party/election bloc/voters initiative group participating independently in the elections in PECs and issues the appropriate certificates thereto;

c) Register the observers appointed to the district and precinct election commissions by a union/foundation having the status of the elections/referendum observer and issue to them the observer’s cards; [12.10.2004]

d) Under its decree issue accreditation of representatives of the mass media and issues to them the accreditation cards; [12.10.2004]

e) Draw up the minutes of DEC sessions, including the summary protocols of final election and voting results;

f) Exercise any other powers and authorities granted thereto under the election Law.

Article 36. Establishment of Precinct Election Commission [22.04.2005]

1. Three members of a precinct election commission shall be elected by the majority of the full superior district election commission (except for the case specified in paragraph 3 of this Article).

2. Three members of a precinct election commission established in a foreign country shall be elected by the majority of the full CEC.

3. The parties which have won first three places in the last parliamentary elections, which independently participated in the elections or were joined in the election bloc and were ahead of others in the list of the bloc members, shall appoint two members each (if the party nominated the first refuses to appoint a commission members, this right shall be conveyed to the second party etc.). Each of the above mentioned parties shall appoint two reserve members, who participate in the activities of the PEC only on the Election Day, according to the rules defined under this law [23.06.06].

4. If the subject specified by this Law does not appoint the precinct election commission member(s) in the term and under the procedure established by Article 37 of this Law, it will lose the right to appoint the commission member. If for this reason the number of commission members is less than the required number, the right to fill up its composition shall be conveyed to the superior district election commission under the procedure established by this Law (except for precinct election commissions established in other countries, which composition shall be filled up by CEC).

Article 37. Appointment/election of a precinct election commission [22.04.2005]

1. District election commission shall elect three members of a precinct election commission no earlier than the 50^th and no later the 46^th day prior to the Election Day; except for the elections of the representative body of the local self governance, in this case 3 members of PEC are elected by CEC not earlier than 38^th and not later than 36^th day prior to the election day [23.06.06]. In the commissions created in exceptional cases – no earlier than 10^th and no later than 9^th day prior to the Election Day.

2. The CEC elects three members of a precinct election commission established in a foreign country, no earlier the 24^th and no later the 20^th day prior to the Election Day.

3. The party authorized by paragraph 4 of Article 36 of this law shall submit its decision on the appointment of a precinct election commission and reserve [23.06.06] member to the corresponding district election commission no earlier the 60^th and no later the 46^th day prior to the Election Day, except for the elections of the representative body of the local self governance, in this case decision of the authorized parties on appointment of PEC (and reserve) members shall be submitted to the corresponding DEC not earlier than 39^th and not later than 36^th day prior to the election day [23.06.06], when appointing a member in the commissions created in exceptional cases – no earlier the 14^th and no later the 9^th day prior to the Election Day, and in a commission created in a foreign country – no later the 20^th day prior to the Election Day and the decision shall be submitted to the CEC after the precinct election commission is established no later than 20^th day prior to the Election Dayv [23.06.06].

4. Corresponding district election commission shall publish the list of members (as well as reserve members [23.06.06]) of precinct election commission no later than the 30^th [23.06.06] day prior to the Election Day, for the commissions created in exceptional cases – no later the 5^th day prior to the Election Day, and for a commission created in a foreign country - the CEC publishes this list no later the 10^th day prior to the Election Day.

5. If by the 35^th [23.06.06] day prior to the Election Day, or the 8^th day prior to the Election Day - for the commissions created in exceptional cases, or 19^th day - for the commissions established in a foreign country, the number of commission members is less than the required number, then the right to elect the commission members within 3 days shall be vested in the superior district election commission (for the first two cases) and CEC (for the third case) from among the candidates participating in the competition, or based on the re-launched competition. The rule, conditions and timelines for conducting competition for PEC members is defined by CEC ordinance [23.06.06].

6. The decision of an authorized party on the withdrawal of a member of a precinct election commission and appointment of his/her legal successor shall be submitted to the corresponding precinct election commission and superior district election commission, and for a precinct election commission created in a foreign country – to the CEC.

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

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

9. The decision on election/appointment of commission member (reserve member [23.06.06]) shall indicate the name and last name of the person elected/appointed (reserve member [23.06.06]), also the number of the precinct election commission to which s/he is elected/appointed. The decision of the party on appointment of a commission (reserve [23.06.06]) members shall be enclosed with:

a) Information about the education of the person elected/appointed as a commission member (reserve member [23.06.06]) (high, secondary), specialty, scientific degree (if any), address (according to the ID card (registration certificate) of a citizen of Georgia), election district and election precinct where s/he is registered as a voter, working place and position, contact address and telephone number (if any);

b) Copy of ID card (registration certificate) of a citizen of Georgia;

c) The statement signed by the abovementioned person certifying that s/he agrees to be an election commission member (reserve member [23.06.06]) and meets the requirements set for in paragraph 5 of Article 18 of this law;

d) Copy of certificate of an election administration official.

10. The nominated person shall not be considered a commission member, if the term of submission of the documents determined in this article is violated or the documents are not full or correct and the faults of the documents are not eliminated in the term established in this paragraph. If the submitted documents do not meet the requirements determined by this article, the chairperson of a district election commission or the CEC, accordingly, within 2 days informs the subject, which appointed/elected the commission member (with indication of the fault). Within 3 days the corrected documents shall be returned to the district election commission or to the CEC, accordingly.

Article 38. Powers and Authorities of Precinct Election Commission

1. Precinct election commission is a temporary territorial body of the election administration of Georgia and is composed of the persons appointed by the subjects determined by Article 36 of this law and the persons appointed/elected by the CEC and the superior district election commission. [22.04.2005]

2. The PEC shall:

a) Within its competencies shall ensure the conduction of elections and referendum/plebiscite on the territory of the election precinct, the observance of the election legislation and the legal procedure of voting, application and protection of the rights of voters, representatives and observers guaranteed by the constitution of Georgia and this law; [22.04.2005]

b) Check the correctness of the compiled voters lists, adjudicate appeals filed in connection with such lists and in case of detecting any errors and inconsistencies, immediately, but no later than the following day, apply to the relevant DEC with a proposal to make amendments to the lists;

c) According to the appeals and declarations of the voters, establishes the supplement of the voters’ list (mobile ballot box list); [12.10.2004]

d) Determines the election results in the election precinct and approve the summary protocol of election results by the relevant ordinance;

e) Have the right to raise the question with the higher level DEC to declare the election results in the election precinct null and void, by decision of the majority of the total number of votes of all PEC members;

f) Issue voter invitation cards to voters;

g) Be responsible for displaying information as prescribed by the Election Law at the election precinct and preparing the place where the voting and counting of ballot papers is to be ensured; keep order at the election precinct;

h) Exercise control over the allocation by local self-government and administration authorities of places for posting and displaying of election posters;

i) Assist in organizing meetings of voters with the parties/election blocs/candidates participating in the elections;

j) Adjudicate the applications and complaints filed in connection with the election process and preparatory procedures for voting and, within the limits of its authority, make an appropriate decision;

k) Ensure that voters’ rights are unconditionally exercised on election day and bear full responsibility for the protection of such rights;

l) Cancel the decision of the PEC Chairperson on the temporary closing of a polling place, suspension of polling, opening of such polling place after it has been closed and continuation of polling;

m) Exercise other powers and authorities granted under the Election Law.

3. Any and all ordinances issued by the PEC and the Chairperson thereof shall be displayed at the election precinct on the date immediately following the date of issuing such ordinances.

Article 39. Powers and Authorities of the Chairperson, Deputy Chairperson and Secretary of Precinct Election Commission

1. The PEC Chairperson shall:

a) Administer all administrative functions in the PEC;

b) Chair PEC sessions;

c) Accept and hand over election documents and all correspondences submitted to and addressed to the PEC;

d) Be personally responsible for the safekeeping and distribution of ballot papers, special envelopes, PEC seals, summary protocols and other election documents;

e) Delegate tasks to the Deputy Chairperson, Secretary and other PEC members according to the Regulations of the Election Administration;

f) On election day, organize the distribution of functions among PEC members by the casting of lots;

g) Be responsible for keeping order at the polling place and on the territories adjacent thereto on election day;

g¹) Is responsible not to let unauthorized persons without the appropriate badges into the polling station; [12.10.2004]

h) Submit the voting and election results and all election documents to the relevant higher level DEC immediately after the completion of the consolidation of the results;

i) Exercise any other powers and authorities granted under the Election Law.

2. The PEC Deputy Chairperson shall:

a) Perform the duties assigned to the PEC Chairperson, if the PEC has no such Chairperson or the incumbent Chairperson is unable to perform such duties;

b) Exercise some particular authorities of the PEC Chairperson according to the ordinance issued by such PEC Chairperson (such ordinance shall specify the scope and term of authorities so assigned).

3. The Secretary of the PEC shall:

a) Prepare draft ordinances of the PEC;

b) Be responsible for the release of public information;

c) Prepare the minutes of PEC sessions, including the summary protocols of election results;

d) Exercise any other powers and authorities granted thereto under the Election Law.

Article 39¹ - Deletion. [22.04.2005]

CHAPTER V. REGISTRATION OF ELECTION SUBJECTS AND LISTS OF SUPPORTERS

Article 40. Registration of Election Subjects

1. For the purpose of obtaining the right to take part in elections, election subjects are registered by the relevant election commission, in accordance with the rules established by this Law.

2. For the purpose of undergoing registration, election subjects apply to the relevant election commission and submit the appropriate documents, in accordance with the rules prescribed by this Law.

3. The appropriate department of the election commission shall, within the period established hereunder, examine the submitted documents and submit its conclusion to the election commission Chairperson, who shall decide for or against the registration. If the submitted documents fail to meet the requirements established hereunder, the election commission Chairperson shall, within 2 days (unless otherwise provided by this Law), give notice to that effect (specifying the inconsistencies detected) to the representative of the relevant party/election bloc/voters’ initiative group, who shall be given 3 days (unless otherwise provided for by this Law) to bring the documents into compliance with such requirements. An examination of the corrected documents and settlement of the registration issue shall be ensured within 2 days (unless otherwise provided for by this Law) of the submission thereof. If the application for registration is rejected, the election commission shall immediately notify its decision to the representative of the relevant party/election bloc/voters’ initiative group, who shall have the right to receive such decision immediately upon request.

Article 41. Lists of Supporters

1. Voters confirm the initiative of an election subject to take part in an election by signing the form of the list of supporters.

2. A sample of the form of the list of supporters is determined by ordinance of the Central Election Commission.

3. In the list of supporters form should be included the following information on voters signing the form:

a) First and last name;

b) Date of birth (year, month and day);

c) Number of their Georgian Citizens Identity Card (Passport of a Georgian citizen) and personal number;

d) Place of registration (according to the registration card);

e) Date of signature;

f) Signature.

4. On the form should be shown the first and last name, place of registration (according to their registration card) and the contact telephone number of the person responsible for the collection of signatures, including the date of filling in of the form and it should be confirmed by the signature of this person.

5. In the upper left corner of the form should be indicated the title (first and last name) of the election subject, whose initiative in taking part in the elections is being supported by the voters signing the form.

Article 42. Inspection of Lists of Supporters

1. The lists of supporters for any party and any candidate for the election of the President of Georgia shall be checked by the CEC and the lists of supporters of any other candidates – by relevant DEC.

2. The election commission shall, at random and in an inconsistent manner, check the authenticity of 20% of the number of listed supporters. If not more than 10% thereof is deemed null and void, the election commission shall make an additional check of the same number of supporters applying the same procedure. If not less than 10% thereof is deemed null and void, the entire list shall be invalidated and the application for registration of the election subject shall be dismissed by the relevant ordinance of the election commission Chairperson.

3. The signature of a voter on a list of supporters is deemed invalid, if:

a) The first and last name are not indicated or are indicated incompletely;

b) The date of birth (year, month and day) is not indicated or is indicated incompletely;

c) The place of registration (location, street, house and apartment number) is not indicated or is indicated incompletely;

d) The date of signing is not indicated or does not comply with the time period for compilation of the list of supporters, established by this Law;

e) There is no signature or the signature has been made by another person, which is confirmed in writing by the voter instead of whom the signature was made;

f) In the list of supporters of a candidate nominated to an election district is included a voter registered in another election district;

g) In his/her application submitted to the relevant election commission, the signatory shall confirm, that he/she was misled, intimidated or the signature was made under pressure, and his/her signature to this application is certified by a notary;

h) The number of their Georgian Citizens Identity Card (number of a Passport of a Georgian citizen) and personal number are indicated incompletely or incorrectly.

4. Any and all signatures shall be deemed invalid if made on a sheet not duly endorsed by the person responsible for collecting the signatures, or when such sheet specifies no data or incomplete data as required under paragraph 4 of Article 41 of this Law.

5. A list of supporters shall be checked according to the procedures established by the CEC. Checking of the list of supporters of a party shall be finished within 30 days after the submission thereof, but not later than the 10^th day after the expiration of the term for submission of such list; while the list of supporters of a candidate shall be checked within 15 days after the submission thereof, but not later than the 8^th day after the expiration of the term for submission of such lists.

6. Representatives of election subjects have the right to attend the process of inspection of the list of supporters.

7. Only members of the CEC and relevant DEC, as well as employees of appropriate department of the CEC and, if a suit is instituted before the court, the court, shall have the right to inspect and have access to the lists of supporters. The lists of supporters shall be destroyed within 10 days after the expiration of the term for instituting a suit over the registration.

CHAPTER VI. ELECTION FUNDING

Article 43. Financial Provision for Preparation for and Holding of Elections

1. The costs incurred by the election administration in connection with the preparation for and conduct of elections (except for the elections held for high representative authorities of Abkhazia and Adjarian Autonomous Republics and high officials of State authority), and the activities carried out by the election administration within the term of its authority shall be financed from the State budget of Georgia.

2. The CEC shall, on an annual basis and according to the procedures established by law, submit budget estimates for the election administration for the next year, on the basis of which the budgetary financing for the next year shall be planned.

3. Deleted. [12.10.2004]

4. If the budgetary funds allocated for the preparation and conduct of elections are not transferred to the account of the CEC within the term established hereunder, the CEC shall have the right to file a claim before the Supreme Court of Georgia.

5. The terms for forcible execution as prescribed under Article 92¹ of the Law of Georgia on Enforcement Procedure shall not apply to the execution of court decisions provided for under paragraph 14 of Article 77 of this Law and the forcible execution in connection with the allocation of funds to the CEC shall not be ensured from the Fund for Execution of Court Decision envisaged by the State budget of Georgia.

6. The election administration, represented by the CEC, shall have the right to receive grants from persons duly authorized by law. The grant is utilized in compliance with the agreement between the CEC and the authorized person. [12.10.2004]

Article 44. Finances Necessary for Elections

1. The CEC submits to the Ministry of Finance a plan of funding of the preparation and conduct of elections, no later than 55 days prior to election day.

2. The Ministry of Finance, in accordance with the submitted plan, deposits to the account of the CEC the funds allocated for elections from the State budget, no later than 50 days prior to election day.

3. The CEC determines the rules for distribution and use of election funds necessary for the conduct of elections by election commissions.

4. No later than 45 days prior to election day, the CEC deposits the funds allocated for DECs to their current account.

Article 45. Disposal of Funds Necessary for Elections

1. Funds allocated for election commissions are disposed of by the Chairperson and Accountant of the Commission, who are responsible for the proper use of the funds.

2. The DEC, no later than 30 days after election day, ceases all settlement of accounts with organizations and individuals and, within 10 days, transfers the funds remaining in its account to the account of the CEC. Within 2 weeks of the transfer of the remaining funds, the DEC submits a financial report to the CEC.

3. The form of the DEC report on expenses related to the elections is determined by an ordinance of the CEC.

4. The CEC submits to the Ministry of Finance a summary financial report on expenses related to the elections.

5. The proper use of funds

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Legislationline

Unified Election Code (2001, as amended 2006)