ELECTION CODE OF GEORGIA

ELECTION CODE OF GEORGIA
Document number	5636-რს
Document issuer	Parliament of Georgia
Date of issuing	27/12/2011
Document type	Organic Law of Georgia
Source and date of publishing	Website, 10/01/2012
Registration code	010190020.04.001.016032
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Organic Law of Georgia

Election Code of Georgia

Section I. General Part

Chapter I – General Provisions

Article 1 – Scope of the Law

This Law regulates relations connected with preparation and conduct of referenda, plebiscites, and Presidential elections of Georgia, the Parliament of Georgia, a municipality representative body Sakrebulo, and of a municipality executive body – a Mayor. This Law establishes the rights and guarantees of election participants, the procedure for the establishment of the Electoral Administration of Georgia and its powers; also, where so provided for by this Law, the procedure for resolution of disputes.

Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014

Organic Law of Georgia No 1232 of 26 July 2017 – website, 29.7.2017

Article 2 – Definition of terms

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

a) referendum – a nation-wide polling by secret ballot aimed at overall, equal, and direct expression of will to decide especially important national issues, which is conducted throughout the territory of Georgia;

b) plebiscite – a nation-wide polling by secret ballot for identifying the opinion of voters or part of voters concerning especially important national issues, results of which are of recommendatory character for the public authorities;

c) elections – electoral process, the objective and outcome of which is to elect public officials and representative bodies of public authority;

d) general elections – regular or extraordinary elections:

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

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

e) by-elections – elections held under the majoritarian electoral system in the respective electoral district as determined by this Law in order to fill a vacant seat of the representative body of the state authority;

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

f.a) one candidate runs in elections held under the majoritarian electoral system and his/her candidacy is withdrawn as defined by this Law;

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

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

g) repeat voting – voting conducted again in the electoral precinct(s) where polling results are declared void, or voting conducted again in the entire multi-seat electoral district based on party lists where no party/electoral bloc has been awarded a seat;

[g) repeat voting – the voting conducted again in an electoral precinct (precincts) where polling results have been declared void; (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

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

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

i¹) electoral/referendum period – a period of time from the day when a legal act issued on calling an election/referendum comes into force through the day when a summary protocol of the final results of the election/referendum is published by a respective election commission.

j) elections held under the proportional electoral system – election of members of the Parliament (MPs) of Georgia and for members of a local self-government representative body Sakrebulo based on party lists;

k) elections held under the majoritarian electoral system – election of members of the Parliament (MPs) of Georgia and for members of a local self-government representative body Sakrebulo according to single-seat electoral districts;

[k) elections held under the majoritarian electoral system – election of members of a local self-government representative body Sakrebulo according to single-seat majoritarian electoral districts; (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

l) suffrage – active and passive right to vote;

m) active suffrage – the right of a citizen of Georgia to participate, by casting a vote, in general elections, referenda, and plebiscites held for electing the people’s representatives to the representative body of public authority and for holding public offices;

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

n¹) votes of participants in the elections/referendum – the number of votes to be determined by the sum of valid ballot papers in a ballot box/boxes and which does not include votes received through ballot papers declared void.

o) electoral registration – registration of parties, electoral blocs, initiative groups of voters and candidates by the chairperson of the respective election commission in order to obtain the right to run in elections;

[o) electoral registration – registration by the chairperson of an appropriate election commission of parties, initiative groups of voters, party lists, and individual candidates for Mayor and Sakrebulo nominated under the majoritarian procedure in order to obtain the right to run in elections; (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

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

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

q¹) qualified electoral subject – a qualified party or an electoral bloc registered under this Law that includes a qualified party;

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

q ¹) qualified electoral subject – a qualified party registered under this Law; (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

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

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

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

t¹) qualified party – a party financed from the State Budget of Georgia under Article 30 of the Organic Law of Georgia on Political Unions of Citizens;

u) electoral bloc – a union of two or more parties registered by the chairperson of the CEC;

[u) (deleted – 21.7.2018, No 3266; ( Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

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

w) candidate for Mayor – a citizen of Georgia registered by the chairperson of the relevant election commission to run for Mayor;

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

y) majoritarian candidate – a citizen of Georgia nominated in an electoral district by a party/electoral bloc/initiative group of voters registered by the chairperson of the respective election commission to run in elections of the Parliament of Georgia or for a municipality representative body Sakrebulo;

[majoritarian candidate – a citizen of Georgia nominated in an electoral district by a party/initiative group of voters registered by the chairperson of an appropriate election commission to participate in elections of a municipality representative body Sakrebulo; ( Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

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

z¹) majoritarian electoral district – a single-seat electoral district established for the election of the Parliament of Georgia;

[z¹) (deleted – 21.7.2018, No 3266; ( Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

z²) local majoritarian electoral district – a single-seat electoral district established for the election of the members of a local self-government representative body Sakrebulo under the majoritarian system;

z³) electoral precinct – administrative electoral division established as determined by the legislation of Georgia for polling and vote counting during elections or referenda;

z⁴) local self-government representative body Sakrebulo – the Sakrebulo of the capital of Georgia – Tbilisi, the Sakrebulo of a self-governing community, and the Sakrebulo of a self-governing city;

z⁴¹) municipality executive body – a Mayor;

z⁵) political official – President of Georgia, a Member of Parliament of Georgia, the Prime Minister of Georgia, other members of the Government of Georgia and their deputies, members of the Supreme Representative Bodies of the Autonomous Republics of Abkhazia and Ajara, heads of the Governments of the Autonomous Republics of Abkhazia and Ajara, a member of a local self-government representative body Sakrebulo and the head of an executive body, and a State Representative;

z⁶) political/pre-election advertising – commercial broadcast by mass media (‘the media’) aimed at promoting/hindering the election of an electoral subject, where the electoral subject and/or its sequence number are displayed and which contains the signs of election campaign or appeals for or against the issue put forward for referendum/plebiscite;

z⁷) election campaign – a set of measures carried out by an electoral subject/candidate for electoral subject aimed at running in and winning elections;

z⁸) canvassing – appeal to voters in favour of or against an electoral subject/candidate, as well as any public action facilitating or impeding its election and/or containing signs of election campaign, including the participation in organisation/conduct of pre-electoral events, preservation or dissemination of election materials, work on the list of supporters, presence in the representations of political parties;

z⁹) election/referendum campaign expense – the sum of funds of an electoral subject/referendum participant for an election/referendum campaign, as well as all goods and services obtained free of charge (reflected in market prices), except for free air time cost as determined by this Law;

z¹⁰) information on the election/referendum campaign expense – information on the election/referendum campaign expense, all goods and services received free of charge, donation source, amount and date of the receipt of donation;

z¹¹) electoral donations – funds deposited by natural and legal persons to the account of the respective electoral subject during the election/referendum campaign, as well as all types of material value and services obtained free of charge, except for free air time cost as determined by this Law;

z¹²) electoral documents – an application, complaint, letter, protocol, ballot paper, special envelope, a legislative act of the Electoral Administration of Georgia, a check-list, registration book, list of voters, voter invitation card, or a statement of a member of an election commission incoming and outgoing at an election commission;

z¹³) biometric registration – taking a biometric photo and recording personal data (questionnaire survey) as determined by this Law, as well as holding a Georgian citizen’s electronic identity card or a Georgian citizen’s biometric passport, except when that document is issued after biometric registration under this Law;

z¹⁴) campaign material – a poster, flag or any other material on which an electoral subject/candidate for electoral subject and/or his/her sequence number is displayed.

z¹⁵) Agency – the Legal Entity under Public Law (LEPL) – the Public Service Development Agency within the Ministry of Justice of Georgia;

z¹⁶) Beneficiary of support – persons defined under Article 12(4-5) of the Civil Code of Georgia;

z¹⁷) polling station – a building or a part of a building where a polling room of a PEC is located;

z¹⁸) photocopy – a copy made by means of a photocopier;

z¹⁹) Election Panel – a special body consisting of 300 members approved under an ordinance of the CEC, in order to elect President of Georgia.

Organic Law of Georgia No 878 of 27 July 2013 – website, 7.8.2013

Organic Law of Georgia No 864 of 25 July 2013 – website, 19.8.2013

Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014

Organic Law of Georgia No 3402 of 20 March 2015 – website, 31.3.2015

Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016

Organic Law of Georgia No 1232 of 26 July 2017 – website, 29.7.2017

Organic Law of Georgia No 1274 of 26 July 2017 – website, 29.7.2017

Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018

Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018

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

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

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

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

a.b) any citizen of Georgia, meeting the requirements defined by this Law, shall enjoy passive suffrage, except for the persons who, under the Constitution of Georgia and/or this Law, have a restricted passive suffrage;

a.c) a citizen of Georgia who, by a court judgment, is placed in a penitentiary facility for an extremely serious crime, or, by a court decision, is recognised as a beneficiary of support and is placed in an appropriate inpatient medical facility under, may not participate in an election, referendum and plebiscite;

b) equal suffrage:

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

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

c) direct suffrage:

c.a) elections in Georgia shall be direct;

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

c.c) President of Georgia shall be elected by the Election Panel by open ballot without-debate voting;

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

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

d.b) any influence restricting a free expression of the will of voters, as well as any control over the expression of the will of voters shall be prohibited.

Organic Law of Georgia No 864 of 25 July 2013 – website, 19.8.2013

Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014

Organic Law of Georgia No 3402 of 20 March 2015 – website, 31.3.2015

Organic Law of Georgia No 3562 of 1 May 2015 – website, 18.5.2015

Organic Law of Georgia No 1232 of 26 July 2017 – website, 29.7.2017

Organic Law of Georgia No 3127 of 5 July 2018 – website, 11.7.2018

Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018

Article 4 – Publicity of elections

According to and for the purposes of this Law, the activities of the Electoral Administration of Georgia, electoral subjects, state authorities, and local self-government bodies shall be open and public.

Article 5 – Calculation of terms under this Law

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

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

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

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

Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018

Article 6 – Announcement of an election/referendum/plebiscite day as a day off

An election (except for a presidential election)/referendum/plebiscite may be held on any day of the week. The day of a general election/referendum/plebiscite shall be a day off. The day of a by-election/extraordinary election of a municipal representative body/extraordinary election of a municipal executive body shall be a day off only within the jurisdiction of a respective electoral district/ electoral districts.

Organic Law of Georgia No 1274 of 26 July 2017 – website, 29.7.2017

Chapter II – Electoral Administration of Georgia and Its Powers

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

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

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

a) the CEC and its staff;

b) the SEC and its staff;

c) the DECs;

d) the PECs.

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

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

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

Organic Law of Georgia No 4392 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 168 of 21 December 2016 – website, 28.12.2016

Article 8 – Election commission rules of operation

1. This Law and the respective commission regulations adopted by a CEC decree, shall lay down the rules of operation for an election commission.

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

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

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

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

6. Issues of human resources shall be resolved at the session by a majority vote of the total number of the election commission members.

7. The chairperson of the session and the secretary of the election commission shall sign minutes of sessions.

8. The session minutes shall be executed within one day from the session.

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

10. An election commission shall accept, issue, and register electoral documents until 18:00 of the working day, except for cases defined by this Law.

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

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

13. An election commission shall not consider an application/complaint if the chairperson of an election commission has issued a decree on dismissing the application/complaint without prejudice.

14. Electoral documents shall be available to everyone, except as provided for by the legislation of Georgia. An election commission shall make the electoral documents and election information available to all interested persons within two days after such a request, and if more time is required to prepare the above information, an election commission shall make it available under the procedure established by the General Administrative Code of Georgia. When copies of the electoral documents and election information are requested, the fee and the payment procedure shall be regulated according to the legislation of Georgia.

15. A sessions of an election commission shall be open. It may be attended only by members of a superior election commission and commission representatives, staff members of a respective and superior election commissions, representatives of media accredited in the respective commission, one representative of electoral subjects in a respective commission, one observer from a domestic observer organisation registered with the respective commission, no more than two observers from an international organisation registered with the CEC together with an interpreter. In case of obstructing the work of an election commission and disturbing the peace, the decision on the issue of expelling a troublemaker (including a member of the commission) from the session of the election commission shall be made by the election commission, which shall be recorded in the minutes of the session. Expulsion of a troublemaker from the session of the election commission shall also imply his/her expulsion from the building of the election commission/polling station. The decision on the issue of expelling the troublemaker from the building of the election commission shall be made by the chairperson of a respective election commission by a decree.

16. The following individuals shall have the right to stay at a polling station:

a) members of the CEC, DECs and PECs;

b) representatives of the CEC and DECs;

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

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

e) observers.

17. Everyone authorised to stay at a polling station shall carry a badge (certificate) indicating his/her identity and title.

18. In case of obstructing the work of an election commission and disturbing the peace, the decision on the issue of expelling a troublemaker from the administrative building shall be made by the chairperson of the commission by a decree, and during a session, the decision on the issue of expelling a troublemaker from the session shall be made by the election commission, which shall be recorded in the minutes of the session.

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

20. A DEC or PEC member shall be obliged to sign a summary protocol of polling or election results. If the DEC or PEC member objects to the information reflected in the protocol, he/she may indicate the same in the respective section of the summary protocol of polling and election results and attach a written dissenting opinion to the protocol.

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

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

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

24. In the case of absence of the commission chairperson, or upon his/her instruction, the commission deputy chairperson shall perform his/her duties.

25. A person authorised to be at a polling station, as well as a person authorised to attend a session of a commission, shall have the right to photograph and video film, except in a polling booth, without obstructing the electoral process/the work of the election commission session. It is prohibited to photograph and video film or otherwise process the information or data that, according to this Law, is not/are not considered as public information, except when the photographing and video filming or processing is allowed by this Law.

Organic Law of Georgia No 1274 of 26 July 2017 – website, 29.7.2017

Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018

Article 9 – Remuneration

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

1¹. During by-elections, double remuneration under the first paragraph of this article shall be paid only to DEC members and head officers in the electoral district where the by-elections are held.

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

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

4. For a temporary DEC member or a PEC member, who:

a) is entered into the Integrated Database of Socially Vulnerable Families, the remuneration earned under this article shall not be included in the total family income and his/her state funding shall not be discontinued;

b) receive a social package under the Ordinance of the Government of Georgia on Determination of Social Packages, his/her social package shall not be discontinued.

Organic Law of Georgia No 157 of 26 December 2012 – website, 30.12.2012

Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014

Organic Law of Georgia No 2485 of 29 May 2014 – website, 2.6.2014

Organic Law of Georgia No 1836 of 22 December 2017 – website, 29.12.2017

Article 10 – Composition of the CEC and procedures for electing the CEC Chairperson

1. The CEC shall be composed of a Chairperson and 11 members. The CEC Chairperson simultaneously shall act as a member of the CEC. Termination of the powers of the CEC Chairperson concurrently shall result in the termination of his/her membership. The Parliament of Georgia shall elect 5 members of the CEC, upon recommendation of the President of Georgia, while the parties shall appoint 6 members under the procedure established by this Law.

2. The CEC Chairperson shall be elected, upon recommendation of the President of Georgia, by two thirds of the total members of the CEC, by secret ballot, or by the Parliament of Georgia based on the procedure established by this article. The term of office of the CEC Chairperson shall be five years.

2¹. If the expiry of the term of office of the CEC Chairperson coincides with the period of holding an election, the President of Georgia shall nominate the candidates of the CEC Chairperson not later than the 7^th day after the final results of the election are published. The term of office of the CEC Chairperson shall be terminated upon electing a new member.

3. The President of Georgia shall, after consultations with local non-entrepreneurial (non-commercial) legal entities, nominate 3 candidates for the CEC Chairperson to the CEC not later than 30 days before the term of office of the CEC Chairperson expires, and if the term of office of the CEC Chairperson terminates, not later than 15 days after the termination. .

4. A candidate for the CEC Chairperson may be a legally capable citizen of Georgia, who has attained the age of 25, is non-partisan, has higher education, is fluent in the official language of Georgia, meets the requirements of Article 12(5) of this Law, this paragraph, and Article 27(2) of the Law of Georgia on Public Service, has at least three years’ working experience and holds a certificate of an electoral administration officer.

5. The decision to elect the CEC Chairperson shall be made by two thirds of the total members of the CEC within five days after the nomination of candidates. Voting for the election of the CEC Chairperson shall be secret. Each voting member shall have one vote. All three candidates shall be put to vote simultaneously. The minutes of the session and the CEC ordinance on the election of the CEC Chairperson shall be signed by the chairperson of the session.

6. Unless the CEC Chairperson is elected within the time frame defined by the fifth paragraph of this article, the Parliament of Georgia shall, within seven days, elect the CEC Chairperson out of the same 3 candidates nominated by the President of Georgia.

7. A CEC ordinance regarding the Chairperson election shall be sent to the Parliament of Georgia within seven days, and in the case defined by the sixth paragraph of this article, the decision of the Parliament of Georgia shall be submitted to the CEC within seven days.

Organic Law of Georgia No 4392 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 168 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 1274 of 26 July 2017 – website, 29.7.2017

Article 11 – Procedures for electing the CEC Deputy Chairperson and Secretary

1. Not less than 2 members of the commission shall have the right to nominate the candidates for Deputy Chairperson and Secretary of the CEC.

2. The same candidate may be nominated only twice.

3. If the commission fails to elect the Deputy Chairperson and the Secretary within the time set, the commission member having received most votes during elections, and in the case of an equal number of votes, the person defined by casting lots, shall perform the duties of the Deputy Chairperson and the Secretary until they are elected.

Article 12 – Procedures for electing CEC members

1. The President of Georgia shall select and submit to the Parliament of Georgia 5 candidates for CEC membership as determined in this article. The term of office of CEC members elected by the Parliament of Georgia shall be five years.

2. Selection of candidates for CEC membership shall be open.

3. The President of Georgia shall issue an ordinance for holding a competition and setting up a competition commission not later than 30 days before the term of office of the CEC members expire, and if a vacancy occurs, not later than 15 days from its occurrence. Half of the commission members shall be composed of the representatives of local non-governmental organisations (NGOs). Competition documents shall be submitted not later than 14 days after the competition is announced. If the above time frame coincides with the election period, the President of Georgia shall announce the competition not later than seven days following the announcement of the final results of election. The powers of a CEC member shall terminate once a new member is elected.

4. A candidate for the CEC membership may be a legally capable citizen of Georgia, who has attained the age of 25, is non-partisan, has higher education, is fluent in the official language of Georgia, meets the requirements of Article 27(2) of the Law of Georgia on Public Service, has at least three years’ work experience, and holds a certificate of an electoral administration officer.

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

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

b) a person who has been dismissed from a position in the Electoral Administration by the election commission or the court for violating the electoral legislation of Georgia, – for four years after the day of his/her dismissal

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

d) a person with previous conviction

e) an electoral subject/a candidate for electoral subject and its representative

f) an observer.

6. Unless a minimum of 2 people are nominated to a vacant position within the time frame determined by this Law, the competition shall continue until a minimum of 2 people are nominated to the vacant position.

7. The list of candidates shall be published within two days after the deadline for nominating candidates expires.

8. A competition commission shall present to the President of Georgia not less than 2 and not more than 3 candidates for CEC membership for each vacancy not later than five days after the deadline for nominating candidates expires. The President of Georgia shall make a decision on the selection of candidates and recommend 2 candidates to the Parliament of Georgia for one vacant CEC member position not later than seven days after the candidates are selected.

9. The Parliament of Georgia shall elect CEC members under the procedure established by the rules of procedure of the Parliament not later than 14 days after the President of Georgia recommends candidates for CEC membership to the Parliament of Georgia.

10. If all the vacancies are not filled as a result of voting, the rest of the candidates shall be put to vote again. If the vacancy still remains unfilled, the President of Georgia shall, within three days, submit 2 candidates to the Parliament of Georgia for each unfilled vacancy from the list of other candidates participating in the competition. If the vacancy is still not filled, a competition shall be announced for the rest of the vacancies within three days and the nomination procedure shall start over.

11. The same candidate may be nominated only twice.

12. If the term of office of a CEC member elected by the Parliament of Georgia terminates early, for the purpose of electing his/her substitute, the President of Georgia shall, during the nearest session week of the Parliament of Georgia, submit once again to the Parliament of Georgia the names of candidates receiving not less than a majority of votes of the full list of the Parliament of Georgia, or shall announce a competition not later than three days. The same procedure shall apply if such candidates do not exist.

13. A resolution of the Parliament of Georgia regarding the election of a CEC member shall be submitted to the CEC within seven days after its adoption.

Organic Law of Georgia No 4392 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016

Organic Law of Georgia No 168 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018

Organic Law of Georgia No 3907 of 6 December 2018 – website, 14.12.2018

Article 13 – Procedure for appointing and terminating the term of office of CEC members by parties

1. Six members of the CEC shall be appointed under the procedure established by this article by the parties that were registered by the CEC Chairperson independently or through an electoral bloc for participation in the Parliamentary Elections, which were granted the mandates of members of the Parliament of Georgia under Article 125(4-9) of this Law, and which set up a Parliamentary faction.

2. Parties defined in paragraph 1 of this article shall appoint a CEC member (members) under the following procedure:

a) the number of votes received by a party list shall be multiplied by 6 and divided by the sum of the number of votes received by the parties defined in this article. The whole part of the figure obtained shall be the number of the CEC members that a party may appoint, unless otherwise determined by this article;

b) to determine the number of votes received by a party which is represented in the Parliament of Georgia by the faction and which participated in the elections through an electoral bloc, for the purposes of this article, the number of votes received by the electoral bloc shall be divided by the number of parties included in the electoral bloc.

[1. Six members of the CEC shall be appointed under the procedure established by this article by the parties that were registered by the CEC Chairperson for participation in the Parliamentary Elections, which were granted the mandates of members of the Parliament of Georgia under Article 125(4, 5 and 9) of this Law and which set up a parliamentary faction.

2. When a CEC member (members) is appointed by parties defined in paragraph 1 of this article, the number of votes received by a party list shall be multiplied by 6 and divided by the sum of the number of votes received by the parties defined in this article. The whole part of the figure obtained shall be the number of the CEC members that a party may appoint, unless otherwise determined by this article; (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

3. If the whole part of the figure obtained under the procedure established by paragraph 2 of this article is less than one, the priority right to appoint one CEC member shall be granted to such parties based on the sequence of the numbers of votes received by them. To exercise this right, when needed, the parties that have been granted the right to appoint CEC members under paragraph 2 of this article shall be deprived, according to the sequence of the number of votes received, of the right to appoint one CEC member, provided that they retain at least one seat in the CEC (if the number of parties that have been granted the right to appoint CEC members under paragraph 2 of this article is 6 or more than 6, any other parties defined in this paragraph shall not appoint a CEC member).

4. If the number of parties defined in paragraph 2 of this article is more than 6, at the time of appointing a CEC member, the priority shall be given to a party that has received more votes in the elections. The priority at the time of appointing a CEC member shall be given to a party that stands before other parties in the list of members of electoral blocs.

[4. If the number of parties defined in paragraph 2 of this article is more than 6, at the time of appointing a CEC member, the priority shall be given to a party that has received more votes in the elections. (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

5. If, under the procedure established by this article, the number of CEC members still did not make 6, the right to appoint a CEC member to make its number 6 shall be granted to the parties defined in paragraph 2 of this article according to the sequence of votes. If a party fails to appoint a CEC member (members) within 7 days after the right was granted, this right shall be gained in sequence by the parties defined in paragraph 2 of this article.

6. A party may withdraw the CEC member appointed by it. No such withdrawal shall take place during the period from the day of calling elections to the day of summing up the final election results. A party may appoint a new CEC member within the above period only in the case of resignation or death of the appointed member.

Organic Law of Georgia No 877 of 27 July 2013 – website, 20.8.2013

Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016

Organic Law of Georgia No 1274 of 26 July 2017 – website, 29.7.2017

Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018

Article 14 – Powers of the CEC

1. The CEC shall:

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

b) adopt by decree the regulations of the Electoral Administration;

b¹) by decree determines issues related to labour relations and work incompatibility of CEC members and elected members of a DEC;

b²) within the scope of its powers, ensure holding of regular, re-run and extraordinary of the President President of Georgia;

c) in exceptional cases, if it is impossible to meet certain requirements/terms defined in this Law, have the right to determine by decree electoral events and time frames for upcoming elections/polling, as well as to submit a proposal, if necessary, to the President of Georgia for fixing another date of elections according to this Law;

d) define, by ordinance, the conditions and procedures for giving appropriate information to accused/convicted persons eligible to vote in penitentiary institutions;

e) establish by ordinance electoral districts and/or specify their boundaries, as determined under this Law;

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

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

h) define, by ordinance, a schedule for electoral events according to the time frames defined by this Law;

i) call, by ordinance, extraordinary elections, re-run elections, by-elections, repeat voting, and second round of elections;

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

j¹) define, by ordinance, the quota of members to be nominated by political parties in the Election Panel;

j²) approve, by ordinance, members of the Election Panel under the procedure established by the Constitution of Georgia and this Law;

j³) register, by ordinance, a candidate for President of Georgia;

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

k¹) determine results of the Presidential elections of Georgia, on which a CEC summary protocol of the Georgian Presidential Election results shall be drawn up;

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

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

m¹) define, by decree, the number of auxiliary and technical personnel for the DECs and the minimal and maximal amounts of their official salaries.

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

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

p) ensure computer processing of polling/election results received from DECs and provide their immediate posting on the CEC website, and if a decision is made according to subparagraph (j) of this paragraph, post the decision on the CEC website as well;

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

r) ensure publication of information materials on its official website and their distribution;

s) adopt by decree the regulations for certification of Electoral Administration officers and competitions for selecting CEC staff members and DEC members;

t) ensure monitoring of training conducted by LEPL Centre for Electoral Systems Development, Reforms, and Training;

u) consider election-related applications and complaints as determined by this Law, and make appropriate decisions within its authority;

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

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

x) by ordinance, upon recommendation of the CEC Chairperson, approve a staff list and cost estimate;

x¹) by ordinance establish the procedure for using and fuelling vehicles in private possession by employees of the Legal Entity of Public Law – the Centre of Electoral Systems Development, Reforms and Trainings during the period of elections/referenda for the purposes of performing official duties;

y) by decree, approve the procedures and conditions for special training of PEC members;

y¹) by ordinance determine conditions for the premature exoneration of DEC and PEC members from a disciplinary liability

z) by ordinance, determine the form for reporting on expenses related to DEC elections/referenda;

z¹) maintain database for the election commission members who violated the electoral legislation of Georgia and the violation was confirmed by court, who were dismissed from the Electoral Administration office by an election commission or court for violating the electoral legislation of Georgia, and who were imposed disciplinary liability measures for culpable non-performance or improper performance of their official duties;

z²) approve by decree the regulations of LEPL Centre for Electoral Systems Development, Reforms, and Trainings;

z³) adopt by decree the Code of Ethics for the Electoral Administration officers;

z⁴) approve by ordinance a budget statement of the Electoral Administration of Georgia for the next year;

z⁵) approve by ordinance strategic and annual action plans of the Electoral Administration of Georgia;

z⁶) determine by ordinance the conditions and procedure for holding of elections in the Armed Forces units of Georgia dislocated abroad;

z⁶¹) approve by ordinance an additional procedure for completing and checking the list of supporters;

z⁶²) elect by decree representatives of the CEC and define their powers;

z⁶³) when different elections are held at the same time, determine by decree an additional procedure and time limits for defining the sequence number of an electoral subject;

z⁶⁴) not later than the 57^th day before the Georgian Parliamentary Election day, define by ordinance the list of facilities having the right to conduct drug testing;

z⁷) determine by ordinance a minimum number of signatures of supporters for the candidates nominated by an initiative group of voters;

z⁷¹) define by ordinance members of the Election Panel, who are nominated by respective political parties from among the members of local self-government representative bodies according to the quota determined by this Law;

z⁷²) exercise other powers vested by this Law.

2. All CEC decrees shall be published in the Legislative Herald of Georgia (‘Saqartvelos Sakanonmdeblo Matsne’) and may also be published through other media. CEC decrees relating to the issues defined in paragraph 1(f-l) of this article shall be published within three days after they are adopted.

3. The CEC may adopt decrees on the issues falling within its authority, and regarding the election and other procedures that are not covered by this Law and/or other legislative acts.

Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014

Organic Law of Georgia No 3562 of 1 May 2015 – website, 18.5.2015

Organic Law of Georgia No 4392 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 4706 of 23 December 2015 – website, 8.1.2016

Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016

Organic Law of Georgia No 168 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 1274 of 26 July 2017 – website, 29.7.2017

Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018

Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018

Article 15 – Powers of the CEC Chairperson, Deputy Chairperson, and Secretary

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

2. The CEC Chairperson shall:

a) perform all administrative duties in the CEC;

b) preside over CEC sessions;

c) administer CEC funds;

c¹) by ordinance defines the amount of financing of parties on the basis of the Organic Law of Georgia on Political Associations of Citizens;

d) under this Law, register parties and electoral blocs running in elections, as well as initiative groups of voters (for the election of the President of Georgia and the Mayor of Tbilisi) and their representatives to the CEC;

[d) register parties and initiative groups of voters participating in elections (for elections of the Mayor of Tbilisi), and their representatives to the CEC, under the procedure established by this Law; (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

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

f) issue respective certificates to the representatives of parties and electoral blocs running in elections, and to the representatives of initiative groups of voters (for the election of the President of Georgia and the Mayor of Tbilisi);

[f) grant appropriate certificates to representatives of parties and initiative groups of voters participating in elections (for elections of the Mayor of Tbilisi city); (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

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

g¹) when there are appropriate grounds for that, issue a decree on dismissing an application/complaint without prejudice;

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

i) furnish the Interim Credentials Commission of a newly elected Parliament of Georgia with all documents necessary for verifying the powers of elected MPs, and after setting up the respective Standing Committee, furnish the Standing Committee with the same documents;

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

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

l) give assignments to the Deputy Chairperson, Secretary, other members and employees of the CEC staff according to the regulations of the Electoral Administration.

3. The CEC Deputy Chairperson shall:

a) perform duties assigned to the CEC Chairperson if the CEC does not have a Chairperson or the Chairperson is unable to perform his/her duties;

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

4. The CEC Secretary shall:

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

b) register, based on an ordinance, the representatives of an electoral bloc/party independently running in elections of the Parliament of Georgia and for municipal bodies, as well as the representatives of a party and an initiative group of voters nominating the candidate for President of Georgia (for presidential elections of Georgia) to DECs and issue respective certificates thereto;

[b) register, by ordinance, representatives of a party and an initiative group of voters participating in elections of the Parliament of Georgia and municipal bodies (for elections of the Mayor of Tbilisi city) to DECs, and grant appropriate certificates to them; (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

[b ¹) register, by ordinance, representatives of a party and an initiative group of voters participating in elections of municipal bodies (for elections of the Mayor of Tbilisi city) to DECs, and grant appropriate certificates to them; (Shall become effective from 1 January 2021)]

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

d) accredit representatives of the media and issue accreditation cards to them by ordinance;

e) draft summary protocols of election results;

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

Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016

Organic Law of Georgia No 1274 of 26 July 2017 – website, 29.7.2017

Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018

Article 16 – The CEC staff

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

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

3. An Electoral Administration officer (except for the commission members appointed by a party as defined in this Law) shall have limited involvement in party activities.

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

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

Organic Law of Georgia No 4392 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 168 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 3269 of 21 July 2018 – website, 27.7.2018

Article 17 – Legal Entity under Public Law (LEPL) – Centre for Electoral System Development, Reform, and Training

1. The Centre for Electoral System Development, Reform, and Training (‘the Training Centre’) is a legal entity under public law established on the basis of the Election Code. Powers of the Training Centre shall be defined in the legislation of Georgia and the regulations of the Training Centre.

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

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

a) support electoral reforms;

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

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

d) exercise duties of the Fund provided for by Article 30¹ of the Organic Law of Georgia on Political Unions of Citizens;

e) provide certification of Electoral Administration officers as defined in a CEC decree;

f) conduct election monitoring within its competence.

4. The CEC Chairperson shall, with the consent of the CEC, appoint and dismiss the head of the Training Centre. The CEC shall express its consent by ordinance.

Article 18 – Electoral districts

1. Electoral districts, their boundaries, names, and numbers under this Law shall be determined by ordinance of the CEC, except as provided for in paragraph 2 of this article.

2. Majoritarian electoral districts, their boundaries and numbers shall be determined for the Parliamentary Elections of Georgia on the basis of Articles 110 and 110¹ and under Article 110¹ of this Law.

Organic Law of Georgia No 4706 of 23 December 2015 – website, 8.1.2016

[Article 18 – Electoral districts

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

2. For local self-government elections, electoral districts shall be set up, and their boundaries, names and numbers under this Law shall be determined by ordinance of the CEC. (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018

Article 19 – Setting up of DECs

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

2. The CEC is authorised to set up by ordinance one DEC within the boundaries of one or more than one self-governing units, and 10 DECs in the city of Tbilisi.

[2. The CEC is authorised to set up by ordinance one DEC within the boundaries of one municipality, and 10 DECs in the city of Tbilisi. The boundaries of a municipality concerned shall be the jurisdiction of a DEC (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

3. The DEC chairperson/member shall be elected for a term of five years, while the tenure of a DEC member elected by the CEC following the announcement of an election under the fifth paragraph of this article shall be determined for a period starting with their appointment and ending with the announcement of final results of the respective elections.

4. Five members of a DEC shall be elected for a five year-term by a majority vote of the total members of the CEC.

5. After calling an election, 6 members of a DEC shall be appointed by the respective political unions under the procedure established by Article 13 of this Law, and 1 member shall be elected by a majority vote of the total members of the CEC for a period of time until the final results of a respective election are announced.

6. The decision of a party on the appointment of a DEC member shall be submitted to the CEC within seven calendar days after calling elections. If the authorised parties fail to appoint DEC members within the time frame determined in this paragraph, the CEC may fill the number of DEC members to 12 from the day following the expiration of the time frame as determined by this Law.

6¹. A party may, at any time, except on a polling day, recall its appointed DEC member. The party shall notify the respective electoral commission of this fact.

6². A person nominated as a DEC member shall not be considered a DEC member if the time limit for submitting documents defined under Article 20(13) of this Law has been violated, and/or if the documents submitted are incomplete or inaccurate and the deficiencies therein have not been corrected. If the documents submitted fail to comply with the requirements determined under Article 20(17) of this Law, the CEC Chairperson shall, within two days, notify the entity that appointed the DEC member of this fact (indicating the discrepancy). The corrected documents shall be returned to the CEC within three days,

6³. A person appointed as a DEC member by an authorised party shall not be considered a DEC member either if it is revealed that this person, at the time of his/her nomination to the CEC, is a member of the same or another election commission, and/or a person nominated fails to meet the requirements under Article 20(17) of this Law. In this case, the CEC Chairperson shall, within two days, notify the authorised party of this fact and shall additionally allow it one day for nomination of another DEC member.

7. A DEC shall elect head officers from among its members by a majority vote of the total number of DEC members.

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

8¹. A party or election headquarters of a party/electoral bloc/initiative group may not be located in the building where a DEC is located.

[8 ¹. A party or the election headquarters of a party/an initiative group may not be located in a building where the DEC is located. (Shall become effective upon recognition of the authority of the Parliament of Georgia elected in the next Parliamentary Elections of Georgia)]

9. The DEC Chairperson may, after announcing an election until the end of it, hire, under labour contracts, as many auxiliary and technical personnel (except for an accountant) for the election commission as determined by ordinance of the CEC. Members of the auxiliary and technical personnel of the DEC commission shall not be the public servants under the Law of Georgia on Public Service and they shall not fall under the requirements of incompatibility of offices provided for by the legislation of Georgia.

10. The DEC Chairperson may hire, under a labour contract, as many accountants as defined under paragraph 9 of this article until the end of the procedures provided for by Article 53(5) of this Law.

Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014

Organic Law of Georgia No 3973 of 8 July 2015 – website, 15.7.2015