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
Consolidated publications
5636-რს
27/12/2011
Website, 10/01/2012
010190020.04.001.016032
ELECTION CODE OF GEORGIA
Parliament of Georgia
Attention! You are not reading the final edition. In order to read the final edition, please, choose the respective consolidated version.

Consolidated versions (25/09/2020 - 22/06/2021)

 

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 elections of the President of Georgia, the Parliament of Georgia, a municipality representative body Sakrebulo, a municipality executive body – a Mayor, and those connected with preparation and conduct of referenda and plebiscites. This Law establishes the rights and guarantees of election participants, the procedure for ensuring the lawfulness and transparency of expenses related to elections/referenda, 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 and imposition of liability.

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

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

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 of members of a municipality representative body Sakrebulo based on party lists;

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

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 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;

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

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;

q1) (Deleted – 2.7.2020, No 6723);

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

t1) (Deleted – 2.7.2020, No 6723);

u) (Deleted – 21.7.2018, No 3266);

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/initiative group of voters registered by the chairperson of an appropriate election commission to participate in elections of a municipality representative body Sakrebulo;

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

z1) (Deleted – 21.7.2018, No 3266;

z2) local majoritarian electoral district – a single-seat electoral district established for the election of the members of a municipality 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) municipality representative body Sakrebulo – the Sakrebulo of the capital of Georgia – Tbilisi, the Sakrebulo of a self-governing community, and the Sakrebulo of a self-governing city;

z41) municipality executive body – a Mayor;

z5) political official – the President of Georgia, a Member of Parliament of Georgia, the Prime Minister of Georgia, other members of the Government of Georgia and their deputies, members of the Supreme Representative Bodies of the Autonomous Republics of Abkhazia and Ajara, heads of the Governments of the Autonomous Republics of Abkhazia and Ajara, a member of a municipality representative body Sakrebulo and the executive body – a Mayor, 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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

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

a.c) a citizen of Georgia who, by a court judgment, is placed in a penitentiary facility for an extremely serious crime, or, by a court decision, is recognised as a beneficiary of support and is placed in 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) coercion and/or intimidation of voters and violation of the secrecy of voting shall be prohibited. Such action shall result in criminal liability of a violator.

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

Organic Law of Georgia No 5772 of 17 March 2020 – website, 23.3.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

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 municipality bodies shall be open and public.

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

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 Nth day from the given day’ shall imply the beginning of counting from the day following the indicated day.

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

4. Unless otherwise determined by this Law, the initial time limits for 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

Elections/referenda/plebiscites 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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

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.

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

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 is 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. In the case of dissenting opinion, the DEC or PEC member is obliged to sign the summary protocol of the voting results in the appropriate section for the signature of the commission member.

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

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) called the Centre for Electoral Systems Development, Reforms, and Trainings shall receive double remuneration.

11. During by-elections, double remuneration under paragraph 1 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 receive remuneration from the funds allocated for holding elections, from the 30th 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.

5. Remuneration of the CEC and DEC staff members, training centre staff members, PEC support and technical staff members, the DEC temporary and the PEC staff members and representatives of electoral subjects shall not be subject to the payment of pension contribution as provided for by the Law of Georgia on Funded Pensions.

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

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 7th 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 timeframe defined by paragraph5 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 paragraph 6 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 timeframe 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 timeframe 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 determined by 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 determined in this article. The whole part of the figure obtained shall be the number of the CEC members that a party may appoint. A party shall not have the right to appoint more than 3 members of the CEC;

b) to determine the number of votes received by a party 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. A party shall not have the right to appoint more than 3 members of the CEC. (Shall become effective from 1 January 2024) ]

3. If less than 6 members of the CEC are appointed according to the procedure determined by paragraph 2 of this article, in order for the number of the CEC members to make 6, the right to appoint a CEC member shall be granted, based on the sequence of the best results, to the parties determined by paragraph 1 of this article which were not able to appoint a CEC member under paragraph 2 of this article. If a party fails to appoint a CEC member(s) within 7 days after the emergence of such right, the right shall be granted to the parties determined by paragraph 2 of this article successively.

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 from 1 January 2024) ]

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 determined by paragraph 2 of this article according to the sequence of the best results.

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

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

Organic Law of Georgia No 7098 of 3 September 2020 – website, 4.9.2020

 

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 elections of the 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 timeframes 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 timeframes 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;

w1) be authorised to determine by a decree conditions and procedures for the submission of applications via electronic means by electoral subjects, observer organisations and observers appointed by such observer organisations, representatives of media and mass media, for the conduct of election registration/accreditation, the submission of applications by representatives of parties/electoral subjects via electronic means for the appointment of the commission members and representatives, as well as other matters related to the election procedures except for those related to the polling day;

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 Elections Administration of Georgia and Legal Entity under Public Law called the Centre of Electoral Systems Development, Reforms and Trainings;

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 57th 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) determine by ordinance members of the Election Panel, who are nominated by respective political parties from among the members of municipality 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 (‘Sakartvelos 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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

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) 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;

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

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

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 an elected 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) furnishthe 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) convene the first sessions of precinct election commissions established in another state and determine the agenda of the sessions;

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;

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

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, 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;

b1) 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;

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

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) (Deleted – 2.7.2020, No 6723);

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.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 18 – Electoral districts

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

2. For the elections of municipality bodies, electoral districts shall be set up, and their boundaries, names and numbers under this Law shall be determined by ordinance of the CEC.

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

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

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

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 municipality, and 10 DECs in Tbilisi municipality. The boundaries of a municipality concerned shall be the jurisdiction of a DEC.

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 paragraph 5 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 associations 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 the election headquarters of a party/an initiative group may not be located in a building where the DEC is located.

9. During elections the DEC Chairperson may hire, under labour contracts, auxiliary and technical personnel (except for an accountant) for the DEC in the number 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

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 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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 20 – Procedures for appointing/electing DEC members/head officers

1. A DEC shall consist of 12 members appointed/elected within the period and under the procedure established by this Law by the subjects defined by the same Law.

2. If there is a respective vacancy, a DEC shall elect DEC head officers at the first session from among the commission members, for the term of membership, by a majority vote of the total number of members, through roll-call voting.

3. Not less than 2 members of the commission shall have the right to nominate candidates to the DEC chairperson, deputy chairperson, and secretary.

4. The same candidate may be nominated only twice.

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

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

7. The CEC shall elect a DEC member not earlier than20 and not later than10 days before the term of office of the DEC member expires. The DEC head officers shall be elected within the same timeframe.

8. If the term of office of a DEC member elected by the CEC terminates early, the CEC shall elect the substitute within 15 days (and within seven days after announcing Election Day). The DEC head officers shall be elected within the same timeframe if their term of office terminates early.

9. The term of office of one DEC member appointed by the CEC under Article 19(5) of this Law, and the term of office of commission members appointed by parties under Article 13 of this Law shall cease immediately after the final results of elections are announced.

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

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

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

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

b) if the term of office terminates early – within10 days after the competition is announced, and if elections are called – within two days after the competition is announced.

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

a) two photos;

b) a photocopy of a Georgian citizen’s identity card or a photocopy of a Georgian citizen’s passport;

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

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

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

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

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

16. The CEC shall elect DEC members by a roll-call vote. Each candidate shall be voted on separately. A person supported by a majority vote of the total number of CEC members shall be deemed elected. If the number of elected candidates exceeds the number of available vacancies, candidates with the most votes shall be elected. If the winner cannot be determined due to an equal number of votes received by some candidates, the candidates shall be put to a vote immediately in order to determine the winner. If a winner is still not determined, he/she shall be determined by casting lots. If all the vacancies are not filled after polling, the rest of the candidates shall be put to a vote again. If all the vacancies are not yet filled, the competition for the rest of the vacancies shall be announced once again.

17. The following subjects may not be elected/appointed as a DEC member:

a) a person who has not been granted the certificate of an Electoral Administration officer;

a1) a person who has not reached the age of 21 by the date of nomination as a member of the District Election Commission;

b) a person who has been dismissed from post at the Electoral Administration by the election commission or the court for violating the electoral legislation of Georgia – for 4 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 4 years after the entry into legal force of the court decision;

d) a person with previous conviction (except when a fine has been imposed as a sanction)

e) an electoral subject/candidate and his/her representative;

f) an election observer.

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

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

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 21 – Powers of a DEC

A DEC shall:

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

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

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

d) determine by ordinance the text of ballot papers for the election of municipality bodies to be held in the electoral district;

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

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

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

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

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

i1) elect by decree representatives of a DEC and define their powers;

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

k) examine the election-related applications and complaints and make respective decisions within its powers;

l) facilitate the compiling of lists of voters as determined in this Law and ensure publicity thereof and accessibility thereto;

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

n) exercise other powers granted by this Law.

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 22 – Powers of chairpersons, deputy chairpersons, and secretaries of DECs

1. The DEC chairperson shall:

a) perform full administrative duties at the DEC;

b) chair DEC sessions;

c) administer DEC funds;

c1) conclude labour contracts with auxiliary and technical personnel of the DEC;

d) give assignments to the deputy chairperson, secretary, other DEC members, and assisting and technical personnel according to the regulations of the Electoral Administration;

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

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

f1) when there are appropriate grounds for that, issue a decree on dismissing an application/complaint without prejudice;

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

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

h1) convene the first sessions of the Precinct Election Commissions and determines the agenda of the first sessions;

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

2. The DEC deputy chairperson shall:

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

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

3. The DEC secretary shall:

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

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

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

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

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

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

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 23 – Electoral precincts

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

2. An electoral precinct shall be set up for not less than 20 and not more than 1 500 voters, except as provided for in paragraph 21 of this Article. The respective DEC shall set up electoral precincts, define their boundaries and numbers not later than on 1 July of the election year, and shall publish, within two days, the respective information about the boundaries of the electoral precincts. Based on the data of local self-government bodies, the DEC shall define and specify the list and addresses of the residential buildings within the area of the electoral precinct, as well as the list and addresses of all facilities that may be used by the Electoral Administration for election purposes. If extraordinary elections of the Parliament of Georgia are called, the electoral precincts shall be set up not later than in 40 days before Election Day.

21. At an electoral precinct, where voters determined by Article 32(1)(d) of this Law cast their votes, the number of voters shall not exceed 2 000.

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

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

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

6. Setting up electoral precincts for servicemen of institutions defined by Article 32(1)(d) of this Law on the territory of their respective units shall be prohibited, except as provided for by Article 23(4) of this Law.

7. Electoral precincts abroad shall be set up by the CEC based on data provided by the Ministry of Foreign Affairs of Georgia, not later than the 30th day before Election Day, for not less than 50 and not more than 3 000 voters. The CEC shall summarise the results of the above electoral precincts in separate protocols.

8. A DEC shall, not later than 5 days after setting up electoral precincts, and within 2 days in the case provided for in paragraph 4 of this article, publish on the CEC official website the numbers of electoral precincts, and addresses, telephone numbers, and other details of the PECs.

Organic Law of Georgia No 901 of 29 July 2013 – website, 20.8.2013

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

Organic Law of Georgia No 5441 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 3127 of 5 July 2018 – website, 11.7.2018

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 24 – Setting up of a PEC

1. A PEC shall consist of 12 members appointed/elected within the period and under the procedure established by this Law by the subjects defined by the same Law.

2. A respective DEC shall elect 6 PEC members by a majority vote of the total number of DEC members, provided that he/she is supported, including at least 3 members elected by the CEC for a term of 5 years in the relevant DEC. A member of the District Election Commission shall not participate in the election procedure specified in this paragraph if he/she is a family member of a candidate for membership in the relevant Precinct Election Commission (spouse, direct ascendant or descendant relative, stepchild, sister, brother or a stepchild of a parent or a child, siblings and parents of a spouse). It is inadmissible to elect a person as a member of the Precinct Election Commission, who was appointed as a member of any level election commission by a political party in the last general elections.

3. The CEC shall elect 6 members of a PEC set up abroad by a majority vote of the total number of CEC members.

4. Six members of a PEC shall be appointed by the respective political associations under the procedure established by Article 13 of this Law.

41. A legally competent citizen of Georgia from the age of 18, who meets the requirements defined by this Law, may be elected/appointed as a member of a PEC.

5. The following subjects shall not be elected/appointed as PEC members:

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

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

c) a person with previous conviction (except when a fine has been imposed as a sanction);

d) an MP of Georgia or the head of staff of the Parliament of Georgia;

e) ministers and deputy ministers of Georgia and the Autonomous Republics;

f) heads of departments and divisions of the ministries;

g) the chairperson of a municipality representative body Sakrebulo, Mayor, and their deputies;

h) a military service member, employees of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the State Security Service of Georgia, the Georgian Intelligence Service, the state sub-agency institution within the system of the Ministry of Justice of Georgia – the Special Penitentiary Service, the Special State Protection Service of Georgia, the Investigation Service of the Ministry of Finance of Georgia, and an investigator of the Investigative Division of the State Inspector’s Service;

i) judges and their assistants;

j) employees of the Prosecutor’s Office;

k) electoral subjects/candidates and their representatives;

l) election observers.

6. A public servant (except for persons provided for in paragraph 5(d-j) of this article) may be appointed/elected as a PEC member. The requirements for incompatibility of offices established by the Law of Georgia on Public Service shall not apply to him/her. In case a public servant is appointed/elected as a PEC member, the term of office of the public servant during his/her exercise of powers of a PEC member may be suspended at his/her permanent place of work, for which purpose he/she shall be granted an unpaid leave or his/her due paid leave at his/her own request, under the procedure established by law.

Organic Law of Georgia No 1788 of 13 December 2013 – website, 28.12.2013

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

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 3127 of 5 July 2018 – website, 11.7.2018

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

Organic Law of Georgia No 3301 of 21 July 2018 – website, 9.8.2018

Organic Law of Georgia No 4259 of 27December 2018 – website, 29.12.2018

Organic Law of Georgia No 4903 of 28June 2019 – website, 28.6.2019

Organic Law of Georgia No 4988 of 20 September 2019 – website, 23.9.2019

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 25 – Procedure for appointing/electing PEC members and head officers

1. If there is a vacancy for a PEC chairperson, deputy chairperson, or secretary, the PEC shall elect the PEC chairperson, deputy chairperson, and secretary at the first session from among the commission members, for the term of membership, by a majority vote of the total number of members, by a roll-call vote. Not less than 2 members shall have the right to nominate a candidate. At the same time, PEC head officers may not be the representatives of the same electoral subject.

2. If a PEC fails to elect its chairperson, deputy chairperson, or secretary within the established timeframe, the commission member who receives the most votes during elections shall perform the duties of the chairperson, deputy chairperson, and secretary until he/she is elected; and in the case of equal votes, the person determined by casting lots shall perform the duties of the chairperson, deputy chairperson, and secretary.

3. The same candidate may be nominated only twice.

4. A DEC shall elect 6 PEC members not earlier than the 50th day and not later than the 46th day before Election Day. Before electing 6 members of the Precinct Election Commission, the list of relevant candidates shall be published on the official website of the CEC. Members of a PEC set up in an exceptional case shall be elected not earlier than the 10th day and not later than the 9th day before Election Day.

5. The CEC shall elect 6members of the PEC set up abroad not earlier than the 24th day and not later than the 20th day before Election Day.

6. The decision of a party authorised under Article 24(4) of this Law regarding the appointment of a PEC member shall be submitted to an appropriate DEC not earlier than the 45th day and not later than the 40th day before Election Day, while the decision regarding the appointment of a commission member to a PEC set up in a exceptional case shall be submitted to an appropriate DEC not earlier than the 14th day and not later than the 9th day before Election Day; and the decision regarding the appointment of a member of a PEC set up in another state shall be submitted to the CEC after the PEC is set up, not later than the 20th day before Election Day.

61. If the party entitled to appoint a member of the commission does not exercise this right within the period established by this law, it shall lose the right to appoint a member of the Precinct Election Commission during the election period of the same election.

7. The respective DEC shall publish the list of PEC members on the official CEC website not later than the 29th day before Election Day, and the list of members of an election commission set up in exceptional cases – not later than the 5th day before Election Day; the CEC shall publish the list of members of a commission set up abroad not later than the 10th day before Election Day.

8. If on the 30th day, and for the commissions set up in exceptional cases, on the eighth day, and for the commissions operating abroad, on the 19th day before Election Day there are less members in the PEC than required, the higher DEC (in the first two cases) and the CEC (in the third case) may elect commission members within three days from among the competing candidates or by announcing another competition. The CEC shall determine the procedure, conditions, and terms of the competition for PEC membership candidates by its ordinance.

9. The decision of an authorised party about withdrawal of a PEC member or appointment of his/her legal successor shall be submitted to the respective PEC and the higher DEC, and for the commissions operating abroad, the decision shall be submitted to the CEC.

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

11. The CEC and DEC shall elect PEC members by roll-call vote. Each candidate shall be voted on separately. A person who is supported by a majority vote of the total number of the commission members shall be deemed elected. If the number of elected candidates exceeds the number of available vacancies, candidates with the most votes shall be elected. If the winner cannot be determined due to the equal number of votes received by some candidates, the candidates shall be put to a vote immediately to determine the winner. If a winner is still not determined, he/she shall be determined by casting lots. If all the vacancies are not filled after polling, the CEC shall make an appropriate decision.

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

13. A person nominated as a PEC member shall not be deemed a PEC member if the time limit for submitting the documents defined in this article has been violated and/or if the documents submitted are incomplete or inaccurate, and the deficiencies in the documents have not been corrected within the time limit under this paragraph. If the submitted documents do not meet the requirement defined by this article, respectively the CEC Chairperson or the DEC chairperson shall, within two days, inform (specifying the discrepancy) the entity that elected/appointed the PEC member. The corrected documents shall be returned respectively to the DEC or the CEC within three days.

131. A person appointed by an authorised party as a PEC member shall not be considered a PEC member either if the person appears to be a member of the same or another election commission at the moment of his/her nomination to the DEC, and/or the person nominated fails to meet the requirements under Article 24(5) of this Law. In such a case, the DEC Chairperson shall notify the authorised party about this within two days and shall additionally allow it one day for nomination of a new PEC member.

14. The term of office of a PEC member shall commence at the first session of the PEC and shall terminate upon drawing up of the summary protocol of polling results in the respective DEC.

15. (Deleted – 25.7.2013, No 864).

16. (Deleted – 25.7.2013, No 864).

17. (Deleted – 25.7.2013, No 864).

18. (Deleted – 25.7.2013, No 864).

19. (Deleted – 25.7.2013, No 864).

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

21. The first session of a newly set up PEC shall be held not later than the 30th day before the general election day. In exceptional cases and in electoral precincts set up abroad, the first PEC session shall be held not later than the third day after the commission is set up. The relevant DEC chairperson shall call the first PEC session. An exception is the PEC set up abroad, the first session of which shall be called by the CEC Chairperson. The first session of the Precinct Election Commission shall be held according to the agenda determined by the ordinance of the District Election Commission/CEC Chairperson and shall close upon its expiry.

Organic Law of Georgia No 6571 of 28 June 2012 – website, 28.6.2012

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 5438 of 22 June 2016 – website, 12.7.2016

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 26 – Powers of a PEC

1. A PEC is an interim territorial body of the Electoral Administration of Georgia, which is composed of the subjects referred to in Article 24 of this Law, officials appointed/elected by the CEC and the higher DEC.

2. A PEC shall:

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

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

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

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

d1) when needed, not later than the day following the polling day, draw up a protocol amending the summary protocol of the polling results of the PEC if there are statements of the members of a respective PEC and/or other legal and factual grounds;

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

f) distribute voter invitation cards among voters;

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

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

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

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

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

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

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

 

Article 27 – Powers of chairpersons, deputy chairpersons, and secretaries of PECs

1. The PEC chairperson shall:

a) perform full administrative duties at the PEC;

b) chair PEC sessions;

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

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

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

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

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

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

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

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

2. The PEC deputy chairperson shall:

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

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

3. The PEC secretary shall:

a) draft the PEC ordinances;

b) be responsible for the release of public information;

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

d) exercise other powers granted by this Law.

4. If PEC members fail to fulfil the requirements defined by this Law, disciplinary measures provided for by Article 28(1)(2) shall be imposed on them.

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

 

Article 28 – Disciplinary liability measures against PEC and DEC members

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

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

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

c) absence at work without a good reason;

d) having missed 3 consecutive PEC sessions without a good reason;

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

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

g) non-attendance of training organised by the election administration of Georgia/training centre, without good reason;

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

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

a) verbal warning;

b) written warning;

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

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

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

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

41. If a member of the election commission has been summoned or his/her term of office has been terminated prematurely during the period when he/she is being prosecuted by a court or election commission for disciplinary liability for the violation of the election law, the authorised body shall confirm the violation of law and if the fact is verified the restrictions under Article 12 (5)(b), Article 20 (17)(b) and Article 24 (5)(a) of this Law shall apply.

5. A DEC member shall be deemed as having disciplinary liability within one year from imposition of a disciplinary measure, while a PEC member shall be deemed as such within two years.

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

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

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 1836 of 22 December 2017 – website, 29.12.2017

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 29 – Early termination of tenure of election commission members/head officers

1. The tenure of CEC Chairperson/member shall terminate early by a resolution of the Parliament of Georgia (except for the CEC members appointed by parties referred to in Article 13 and other cases defined by this Law), and for DEC or PEC members – by an ordinance of the higher election commission (except as provided for by paragraph 6 of this article and Article 13 of this Law), provided that:

a) an election commission member fails, within seven days after his/her election, to cease activities and/or office that is incompatible with the commission member status;

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

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

d) the data specified in the documents submitted for membership competition is inaccurate- from the day of the disclosure;

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

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

g) an election commission member is withdrawn by the party that appointed him/her as determined by this Law – in the case of the filing of an application for withdrawal;

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

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

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

2. If the election commission chairperson, deputy chairperson, commission secretary is resigned:

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

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

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

3. The CEC Chairperson shall be dismissed early by a resolution of the Parliament of Georgia, and the CEC Deputy Chairperson, Secretary, DEC or PEC chairperson, deputy chairperson, and secretary shall be dismissed early by an ordinance of the respective election commission.

4. In the case of death of an elected CEC member, the Parliament of Georgia shall note that fact and include it in the plenary session protocol of the Parliament of Georgia. In the case of death of an elected DEC member, the CEC shall note that information and include it in the CEC session protocol.

5. Dismissal of an election commission chairperson, deputy chairperson, and secretary on the same grounds, also an application for early termination of tenure of an election commission member twice in a row within six months shall be prohibited.

6. The tenure of election commission members appointed by parties under paragraph 1 of this article (except as provided in paragraph 1(g) of this article and Article 13 of this Law) shall terminate early by a court decision.

7. If one of the grounds referred to in paragraph1 of this article exists, the Parliament of Georgia shall discuss and decide upon the resignation, early termination of tenure of the election commission chairperson, deputy chairperson, or secretary within 15 days, or within five days when the decision is made by an authorised election commission. A decision shall be made according to the same procedure as applied during the election process.

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

9. An election commission member may not be withdrawn within the last 15days before polling day, on the polling day and on the day following the polling day.

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

 

Article 30 – Legal acts of the Electoral Administration of Georgia

1. Legal acts of the Electoral Administration of Georgia shall be:

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

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

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

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

3. A CEC decree shall be deemed adopted if supported by at least two-thirds of the total number of CEC members. A CEC decree shall be signed by the Chairperson of a respective CEC session and the CEC Secretary. A CEC decree shall enter into force immediately after its publication in the Legislative Herald of Georgia (‘Sakartvelos Sakanonmdeblo Matsne’), unless a later date is defined by the same decree. A CEC decree may not be adopted within the last four days before the polling day. A CEC decree may be appealed from the moment of its adoption. A CEC decree shall be placed on the CEC website within 24 hours following its adoption.

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

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

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

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

 

Chapter III – Lists of Voters

 

Article 31 – Unified list of voters and its formation procedure

1. The unified list of voters shall be a list of individuals having active suffrage and registered under the procedure defined by the legislation of Georgia and shall be divided by electoral precincts.

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

a) first and last name;

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

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

d) personal number of a citizen of Georgia;

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

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

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

h) sex.

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

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

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

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

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

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

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

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

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

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

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

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

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

61. The CEC may, for the purpose of updating the unified list of voters and the electronic database of the list, as needed, make a request for and receive, within 3 days after the request, from institutions specified in paragraph 5(a-c) of this article the data of persons having suffrage, and from institutions specified in paragraph 5(f) and (g) of this article – the data of persons without suffrage.

7. A party having the electoral registration, an initiative group of voters registered under this Law (for the elections of municipality bodies), an observer organisation defined in Article 39 of this Law (and in the non-election period – an observer organisation registered during the last general elections), or a voter shall have the right to familiarise himself/herself/itself with a version of the voters list available at the CEC, DECs or PECs that is designated for public information (an initiative group of voters may familiarise itself with only a version of the list of voters registered within the limits of a respective majoritarian electoral district, which is designated for public information. A voter may only request to familiarise himself/herself with all data available about himself/herself and his/her family members and to amend them), and request, if any inaccuracy is discovered, not later than the 18th day prior to the Election Day, or at any time during a non-election period, that the data of voters and the voters’ lists be amended. The data shall be available and a copy shall be granted under the procedure established by the legislation of Georgia for accessing and granting public information.

71. A public version of the unified list of voters with photos shall be released to the persons indicated in paragraph 7 of this article only in electronic form. To obtain the list, an authorised person shall present to the Agency an electronic storage device with adequate storage capacity.

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

8. During the election period, the Electoral Administration of Georgia shall verify the lists of voters. A DEC shall review the verification results and make respective decisions within two days after receiving an application but not later than the 16thday prior to the Election Day. A decree issued by the DEC about the refusal to amend the data of voters/the lists of voters shall be well-founded and submitted to an applicant on the day following its publication, upon request.

81. For the purposes under paragraph 8 of this article, the Agency/the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and/or its territorial bodies shall immediately provide a DEC with appropriate information if so requested by the DEC.

9. A DEC decree for making amendments to the data of voters/the lists of voters shall be submitted to the CEC and respective PEC within two days.

10. A DEC decree about the refusal to amend the data of voters/the lists of voters may be appealed to any respective district/city court within two days. If a lawsuit is satisfied by the court, the court decision shall be submitted to the DEC within two days, but not later than the 13thday prior to the Election Day. The DEC shall immediately submit appropriate information to the CEC and the respective PEC. Election commissions shall immediately make respective amendments to the data of voters/lists of voters.

11. A PEC shall be provided with a version of the unified list of voters designated for public information and certified by the CEC, not later than the day of its first meeting, and the final version of the updated lists designated for public information – not later than the second day prior to the Election Day, and the final version of the verified lists of voters designated for the CEC – not later than 12 hours prior to voting. The versions of the unified list of voters designated for public information (without photos) shall be immediately posted in a visible place inside the PEC building.

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

13. It shall be prohibited to amend the lists of voters within the last 12days prior to the Election Day, except as provided for in paragraph 12 of this article, and amendments from the 15thday to the 12thday prior to the Election Day may be made only by a court decision.

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

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

Organic Law of Georgia No 1788 of 13 December 2013 – website, 28.12.2013

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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 3973 of 8 July 2015 – website, 15.7.2015

Organic Law of Georgia No 5441 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 3127 of 5 July 2018 – website, 11.7.2018

Organic Law of Georgia No 3155 of 20 July 2018 – website, 27.7.2018

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

Organic Law of Georgia No 5470 of 11December 2019 – website, 13.8.2018

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 32 – Special lists of voters

1. The following shall be entered into the special lists of voters:

a) Electoral Administration officers who are unable to vote in elections on the polling day according to their place of registration because of their activities in election commissions: the respective DEC shall enter Electoral Administration officers in the list of pre-defined electoral precincts not later than the fifth day before the polling day;

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

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

c1) voters under administrative detention on the polling day. The head of the relevant institution shall draw up a list of such individuals and shall submit it to the respective DEC not later than sixth days before polling;

d) military personnel and persons with a special rank of the Ministry of Defence of Georgia, the Ministry of Internal Affairs of Georgia, the state sub-agency institution within the system of the Ministry of Justice of Georgia – Special Penitentiary Service, the State Security Service of Georgia, the Georgian Intelligence Service, and the Special State Protection Service whose service conditions or health conditions require their presence at an address different from their place of registration, which falls within another electoral district. Lists of such personnel shall be compiled by commanders of respective divisions/units or heads of respective institutions/divisions and shall be submitted to appropriate DECs:

d.a) in the case of general and extraordinary elections and by-elections –not later than on the 25th day before the polling day;

d.b) not later than on the sixth day before the polling day, taking into account the results of conscription;

d1) (Deleted – 2.7.2020, No 6723);

e) voters who are staying abroad on the polling day and who are registered with a consular office of Georgia, voters who are registered abroad but are not registered with a consular office of Georgia, and voters who are not registered with a consular office of Georgia and are not registered abroad but will go through electoral registration not later than the 21st day before Election Day in a PEC set up abroad, at a diplomatic mission of Georgia abroad or in a consular office of Georgia. The list of these individuals (except for persons registered abroad) shall be drawn up by the Ministry of Foreign Affairs of Georgia and shall be submitted to the CEC not later than the 20th day before the polling day. During the period of election of the Parliament of Georgia, from calling the election till not later than the 21st day before Election Day, a voter shall be exempted from payment of a consular fee charged for consular registration. The Agency shall draw up the list of persons registered abroad and shall submit it to the CEC not later than the 20th day before the polling day;

f) (Deleted – 22.6.2016, No 5441).

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

12. (Deleted – 26.7.2017, No 1274). 

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

3. A DEC shall, based on the data of persons specified in paragraph 1 of this article, as well as on its own data, draw up the special lists and approve them by decree not later than the 3rdday prior to the Polling Day, and shall immediately forward the versions designated for public information to a respective PEC with signatures of the chairperson and secretary of the PEC, and not later than 12 hours prior to polling – the versions designated for the CEC.

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

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

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

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

51. A voter entered on the special list of voters based on paragraph 1(d) of this article shall participate in elections held under proportional election system under the procedure established by paragraphs (52), (53) and (6) of this article.

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

53. A voter entered on the special list of voters based on paragraph 1(d) of this article shall participate in:

a) the parliamentary elections of Georgia and a referendum;

b) the parliamentary elections of Georgia and a referendum if he/she is abroad on the polling day.

54. Employees of the institutions defined in paragraph 1(d) of this article, except as provided for by the same paragraph, shall vote in elections of the Parliament of Georgia, elections of the municipal bodies, and in a referendum according to their place of registration.

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

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

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

7. (Deleted – 22.6.2016, No 5441).

71. The special lists of voters shall contain the same data of the voters as are included in the unified list of voters. This shall not apply to voters specified in paragraph (1)(a-c) of this article, whose data are entered into the special list of voters without photos, and also to the voters specified in paragraph (1)(d.b) of this article, whose data may be entered in the special list of voters without photos. The data on dates of starting and finishing work at the place of respective deployment of voters defined by paragraph 1 (d) of this article shall be entered into the special list of voters as well.

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

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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

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

Organic Law of Georgia No 5441 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 3127 of 5 July 2018 – website, 11.7.2018

Organic Law of Georgia No 3155 of 20 July 2018 – website, 27.7.2018

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 33 – Mobile ballot box list

1. A mobile ballot box list shall be drawn up based on unified and special lists of voters (except for the voters staying abroad on polling day) if:

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

b) a voter is in prison;

b1) a voter is in administrative detention;

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

d) a voter:

d.a) is a military serviceman serving in a military unit or a border police unit at the state border of Georgia that is located far from the electoral precinct, where no electoral precinct will be opened;

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

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

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

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

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

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

3. Information of voters to be entered into the mobile ballot box list shall immediately be posted in a visible place in the building of the polling station precinct. PEC members, representatives of electoral subjects, and observers shall have the right to verify whether the request for mobile voting is well-substantiated and shall raise a question before the PEC whether it is advisable to enter those voters in the mobile ballot box list any time before Election Day. The PEC shall decide on the above issue.

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

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

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

Organic Law of Georgia No 1273 of 20 September 2013 – website, 2.10.2013

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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

Organic Law of Georgia No 5441 of 22 June 2016 – website, 12.7.2016

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

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

 

Article 34 – Publication of the lists of voters

1. The PEC shall, on the first day of the commission session, put up the lists of voters and the procedures defined by law for filing complaints about the lists of voters, as well as shall put up the mobile ballot box list, immediately after it is drawn up, in a conspicuous place at the PEC premises and polling stations. The PEC chairperson shall be responsible for failure to meet these requirements.

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

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

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

b1) registered abroad, ‘registered abroad’ shall be specified;

c) is doing fixed-term military service or contractual military service at the defence forces and military units of Georgia, ‘doing military service’ shall be specified;

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

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

Organic Law of Georgia No 3155 of 20 July 2018 – website, 27.7.2018

Organic Law of Georgia No 3621 of 31 October 2018 – website, 21.11.2018

 

Article 35 – Voter invitation cards

1. A PEC may, not later than two days before polling, issue a voter invitation card to all voters registered in the territory of the electoral precinct and entered into the list of voters, which shall specify the following:

a) date and time of polling;

b) address, floor, and room numbers of polling stations;

c) number of a voter on the list of voters;

d) procedures for filing an application by a voter for mobile voting because of health problems or other reason, telephone numbers of the PEC, and other information;

e) number of the electoral precinct;

f) first name, last name, date of birth (day, month, year) of a voter;

g) place of registration of a voter.

2. Failure to receive the voter invitation card may not constitute a basis for limiting the right to vote.

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

 

Chapter IV – Registration of Electoral Subjects and Lists of Supporters

 

Article 36 – Registration of electoral subjects

1. In order to obtain the right to run in elections, the chairperson of the relevant election commission shall register electoral subjects based on procedures defined by this Law.

2. In order to be registered, electoral subjects shall submit an application and relevant documents to the respective election commission as defined in this Law.

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

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

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

 

Article 361 Initiative group of voters

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

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

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

4. Violation of the requirements defined by paragraphs (1-3) of this Article by an initiative group of voters shall be the basis for identifying deficiency in accordance with the procedure established by Article 36 of this Law.

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

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

 

Article 37 – Lists of supporters

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

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

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

a) the first and last name;

b) the date of birth (day/month/year);

c) the personal number of the citizen of Georgia;

d) (deleted – 2.7.2020, No 6723);

e) the date of signature;

f) the signature.

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

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

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

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 6723 of 2 July 2020 – website, 3.7.2020

 

Article 38 – Verification of the lists of supporters

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

2. The election commission shall verify the signatures in turn on the forms of the lists of supporters. If the number of signatures of supporters is less than the minimum amount required or if the number of signatures of supporters, taking into account the signatures invalidated as a result of verification, is less than the minimum amount required, the invalidated part of the list of supporters shall be returned to the respective electoral subject and shall be given two days to correct the discrepancy. The election commission shall, as defined above, verify once again the corrected part of the lists of supporters submitted by the electoral subject. If the number of signatures of supporters is still less than the minimum amount required, the election commission shall completely invalidate the list of supporters and shall, by ordinance of the commission chairperson, refuse to register the electoral subject.

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

a) the first and last names are not specified or are incompletely specified;

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

c) (Deleted – 2.7.2020, No 6723);

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

e) it is not signed or is signed by another person and this is confirmed in writing by the voter in whose stead the list was signed;

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

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

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

4. A signature shall be considered invalid if it is made on a form not endorsed by the person in charge of collecting signatures or if such a form does not include data or includes incomplete data referred to in Article 37(4) of this Law.

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

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

6. Representatives of electoral subjects may attend the process of verification of the list of supporters.

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 381 – Determination of a sequence number for an electoral subject

1. A sequence number of an electoral subject shall be determined under the procedure established by this article not later than the 30thday before the Election Day. In order to determine the sequence number of an electoral subject, the appropriate procedures shall be performed at the premises of a respective election commission in the presence of persons authorised to attend sessions of the election commission.

2. An electoral subject/candidate for electoral subject that has received 0.75% or more than 0.75% of votes in the last general elections held under the proportional system may, not later than the 57th day before elections, apply to a respective election commission and request that it participate in the elections with a sequence number which was assigned to it during the last general elections.

3. If a sequence number was assigned to an electoral bloc under paragraph 2 of this article during the last general elections, the first party specified on the list of the electoral bloc members shall be allowed to use this number.

4. If an electoral bloc has been formed by parties, of which at least one party is allowed to have a sequence number under paragraph 2 of this article, the electoral blocshall have the right to request that the sequence number be assigned to it by casting lots, or specify in the statute of the electoral bloc the sequence number of which party with this right it will use.

5. An electoral subject/candidate for electoral subject may, not later than the 57th day before elections, refuse to use a sequence number assigned to it under the procedure established by paragraphs 2 and 3 of this article. In this case, it, and an electoral subject which did not participate in the last general elections or participated in it as part of an electoral bloc and which was not specified first on the list of the bloc members, shall be assigned a sequence number by casting lots.

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

7. A candidate for President of Georgia/candidate for Mayor/majoritarian candidate nominated by a party/electoral bloc shall have the same sequence number that is assigned to the party/electoral bloc which has nominated him/her.

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

9. If the electoral registration of an electoral subject is cancelled, the remaining electoral subjects shall retain their assigned sequence numbers in the ballot papers.

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

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

Organic Law of Georgia No 3272 of 21 July 2018 – website, 30.7.2018

 

Chapter V – Election Monitoring and Media

 

Article 39 – Domestic and international observers

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

2. A domestic observer organisation may be a local non-entrepreneurial (non-commercial) legal entity registered according to the legislation of Georgia not later than one year prior to the polling day, the Statute or another constituent document of which provides for, at the time of registration, monitoring elections and/or protecting human rights. A domestic observer organisation shall be registered with the CEC or the respective DEC for the purpose of observing elections.

3. A domestic observer organisation shall observe elections through its representative, domestic observer. An organisation is authorised to have not more than 1 observer at each electoral precinct at any one time.

4. Domestic observers of a domestic observer organisation may be any citizen of Georgia above the age of 18, except for:

a) public/political officialsdefined by the Law of Georgia on Public Service;

b) (Deleted – 22.6.2016, No 5438);

c) members of a municipality representative body Sakrebulo;

d) a municipality Mayor and a deputy Mayor;

e) judges;

f) staff of the Ministries of Internal Affairs and Defence of Georgia, the state sub-agency institution within the system of the Ministry of Justice of Georgia – Special Penitentiary Service, the State Security Service of Georgia and the Georgian Intelligence Service, and of the Special State Protection Service of Georgia;

g) officials of the Prosecutor’s Office;

h) electoral subjects and their representatives;

i) members of an election commission;

j) observers from another observation organisation;

k) representatives of press and other means of mass media.

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

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

b) abstaining from interfering with the election process;

c) political impartiality;

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

e) implementation of the provisions recognized by the Declaration of Principles for International Election Observation.

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

7. International observers defined in paragraph 6 of this article may be accompanied by an interpreter who shall be registered with the CEC together with international observers.

Organic Law of Georgia No 6571 of 28 June 2012 – website, 28.6.2012

Organic Law of Georgia No 1788 of 13 December 2013 – website, 28.12.2013

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

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 3127 of 5 July 2018 – website, 11.7.2018

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 40 – Registration of observer organisations

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

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

3. In order to be registered, a domestic election observer organisation shall apply to the relevant election commission not later than the 10th day before the Election Day and shall submit the excerpt from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities. The application shall include the name of the electoral district/districts within which the organisation shall observe elections. The election commission shall make a decision on registration within five days after receipt of the application.

31. The excerpt specified in paragraph 3 of this article, which is prepared by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry, shall be issued within the last 10 days before the application is submitted to the election commission and it shall include the person/persons having the power of administration/representation of the organisation. In order to verify/confirm, at the time of registration of the organisation, the authenticity of the data in the excerpt issued by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry and the requirements under Article 39(2) of this Law, the Agency shall provide the CEC with the possibility of accessing and verifying the appropriate electronic databases.

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

5. The election commission may not refuse to register an observer organisation if it meets the requirements of this Law. An ordinance of the election commission for the refusal of registration shall be well-founded and shall be delivered to the organisation not later than the day following the day of the decision. An ordinance of the election commission may be appealed to the court within two days after its receipt. The court shall render a decision within two days after the application is filed with the court.

6. An international observer organisation registered by the CEC shall submit information about observers and photocopies of their identity cards to the CEC Secretary not later than the second day before the polling day. An ordinance of the CEC shall determine the content and the form of that information.

7. A domestic observer organisation registered by the CEC shall submit to the CEC Secretary not later than the fifth day before the polling day an application on the registration of observers, filled out in accordance with the form established by the CEC, stating that the observers on the list submitted by the organisation satisfy the requirements established by Article 39(4) of this law, as well as a list of observers appointed at the CEC, DECs, and PECs (with the indication of surnames, names, places of registration and personal numbers of Georgian citizens) and photocopies of identity cards of Georgian citizens or passports of Georgian citizens of each of them. A domestic observer organisation registered by the DEC shall submit a list of observers appointed to a DEC and/or its lower PEC to the DEC secretary within the same timeframe and in accordance with the same form.

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

8. A domestic observer registered with the CEC may observe elections at all election commissions of any level according to the procedures provided for by Article 39(3) of this Law.

9. The election commission secretary shall, within two days after the list of observers is submitted, register observers nominated under this Law and shall issue an observer certificate to the observer organisation. An observer certificate shall at the same time serve as a badge to be worn by the observer.

10. An observer from a domestic observer organisation at a DEC and an observer observing elections at an electoral precinct within the territory of the electoral district shall, on the polling day, have the right to observe elections at any electoral precinct in the territory of the relevant electoral district as defined in Article 39(3) of this Law.

Organic Law of Georgia No 6571 of 28 June 2012 – website, 28.6.2012

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 3269 of 21 July 2018 – website, 27.7.2018

 

Article 41 – Rights of observers

1. An observer shall have the right to:

a) attend and observe sessions of election commissions;

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

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

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

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

e1) observe the process of registration of complaints on the polling day;

f) attend the procedures of counting votes and summarising results;

g) observe the process of mobile voting;

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

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

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

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

l) appeal the actions of an election commission as defined in the legislation of Georgia;

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

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

2. An observer may not:

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

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

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

d) wear symbols and signs of any electoral subject;

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

f) breach other requirements of this Law.

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

4. Violation of the requirements of paragraph 2(a-d) of this article by an observer, electoral subject, and media representative shall give rise to liability as defined in the electoral legislation of Georgia.

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

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

 

Article 42 – Representative of an electoral subject and his/her powers

1. A representative of an electoral subject (a party running in elections, an initiative group of voters) shall represent the electoral subject only in the relationship with an election commission with which it has been registered under this Law.

2. A party may, during one or several types of elections, appoint only two representatives to each election commission. During elections of municipality bodies, an initiative group of voters may appoint two representatives to appropriate district and precinct election commissions. Representatives appointed to the CEC and a DEC may not at the same time be appointed to another election commission.

21. A representative of an electoral subject may be a legally competent citizen of Georgia from the age of 18.

22. The following persons may not be appointed as a representative of an electoral subject:

a) a candidate nominated by this or another electoral subject;

b) a representative of another electoral subject;

c) a member of an election commission;

d) a local observer;

e) a representative of the press or another mass medium.

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

31. An electoral subject defined in paragraph 2 of this article shall apply to the CEC secretary for appointing a representative to a DEC, and to the secretary of a respective superior election commission for appointing a representative to a PEC. If the appropriate information is submitted completely, the secretary of the respective election commission shall, within 24 hours, register by decree the representative of the electoral subject and shall issue the representative’s certificate, which at the same time is also a badge.

32. An application for appointing representatives of an initiative group of voters to DECs and respective PECs shall be submitted to the secretary of a DEC the chairperson of which has registered the initiative group of voters.

4. An application for the appointment of a representative of an electoral subject shall be signed by the head of a party or a person authorised by him/her, or a representative of an initiative group of voters to a higher election commission. The application shall include first and last names, address, contact telephone number (if any) of the representative of an electoral subject. A photocopy of the identity card of a Georgian citizen or of the passport of a Georgian citizen of the representative of an electoral subject shall be attached to the application.

5. Only 1 representative of the electoral subject shall have the right to attend sessions of the respective election commission, request to give a speech and express his/her opinion, make decisions on various issues, and enjoy other rights granted by this Law. On the polling day, the representative shall enjoy unlimited rights provided for by Article 41(1) and Article 67(2) of this Law.

6. An electoral subject may,at any time, appoint/withdraw and/or replace its representative, except for the day preceding the polling day and the polling day. The electoral subject shall notify the respective election commission thereof.

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

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

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

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 3269 of 21 July 2018 – website, 27.7.2018

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 43 – (Deleted)

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

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 44 – Representatives of the press and other media

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

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

3. An application for accreditation of representatives of the press and other mass media shall be submitted to the respective election commission not later than the 3rdday prior to the polling day. Photocopies of the identity cards or of the passports of the representatives shall be attached to the application. If an organisation submits an application, it shall be accompanied by the excerpt from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities, which is issued by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry within the last 10 days before the application is submitted to the election commission. The excerpt shall include the person/persons having the power of administration/representation of the organisation. In order to verify/confirm, at the time of accreditation of the organisation, the authenticity of the data in the excerpt issued by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry, the Agency shall provide the CEC with the possibility of accessing and verifying the appropriate electronic databases. Foreign press and other mass media, Public Broadcaster, and Public Broadcaster Television and Radio of Ajara shall not need the excerpt specified in this paragraph for accreditation.

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

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

5. The same press and other media organisation may have not more than 2representatives at any one time at the electoral precinct on polling day. The representative of the press and other mass media must be at least 18 years old at the time of accreditation. At the same time, he/she may not be a representative of an electoral subject/observer of an election organisation or a representative of other press and mass media.

6. The procedure for attending sessions of an electoral commission and for accrediting the press and other mass media for them to film the commission sessions during the non-election period shall be established by a decree of the CEC.

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 3269 of 21 July 2018 – website, 27.7.2018

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Chapter VI – Election Campaign

 

Article 45 – Pre-election campaign (canvassing)

1. The pre-election campaign (canvassing) shall begin 60 days prior to the polling day. Political parties and candidates for electoral subject shall enjoy equal rights and have equal obligations as defined in this Law.

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

3. Political parties, candidates for electoral subject, electoral subjects, and their supporters may present a program for further activity. The election program shall not contain propaganda for war or violence, appeal for change or overthrow of the existing state and social order by violence, for violation of the territorial integrity of Georgia, for national strife and enmity, or for religious or ethnic confrontation.

31. Violation by the persons defined in paragraph 3 of this article of the rules established under the same paragraph shall be violation of the rules for conducting the pre-election campaign (canvassing) provided for by this Law.

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

a) election commission members;

b) judges;

c) public officers of the Prosecutor’s Office of Georgia, the Ministries of Internal Affairs and Defence of Georgia, of the State Security Service of Georgia, the Georgian Intelligence Service, and the Special State Protection Service of Georgia;

d) the Auditor General;

e) the Public Defender of Georgia;

f) aliens and foreign organisations;

g) charitable and religious organisations;

h) public officers during normal business hours and/or when they are directly performing their duties;

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

j) employees of legal entities under public law (except employees of higher and vocational educational institutions, religious organisations and the Georgian Bar Association), employees of non-profit (non-commercial) legal entities established by the State or a municipality, public school teachers–during the working hours, or during the fulfilment of official duties.

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

a) executive agencies of Georgia;

b) courts;

c) military units.

6. During the pre-election campaign municipality bodies shall be obliged to support political parties/electoral subjects to organise and hold meetings and gatherings with voters, public debates and discussions, assemblies and manifestations, and to ensure the safety of those events.

7. It is prohibited to carry on election campaigning at any event/presentation funded from the State Budget of Georgia/the budget of a municipality. That action shall be regarded as the use of administrative resources.

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

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

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

11. It is prohibited to conduct election campaign at the polling station on polling day.

12. It shall not be allowed to place canvassing material at a distance of 25 meters from the entrance of the polling station, which is subject to removal/dismantling/taking. It shall be prohibited to physically obstruct the movement of a voter within the polling station or within 25 meters of the polling station. The norms established by Chapter X of this Law do not apply to the mentioned cases.

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

Organic Law of Georgia No 6571 of 28 June 2012 – website, 28.6.2012

Organic Law of Georgia No 6551 of 22 June 2012 – website, 29.6.2012

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

Organic Law of Georgia No 1273 of 20 September 2013 – website, 2.10.2013

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 46 – Campaign materials

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

2. It is prohibited to place/post campaign materials on places of worship, buildings or structures of cultural heritage, in the interior and exterior of buildings of the state and municipality bodies, courts, the Prosecutor’s Office, military units, divisions of the police, the State Security Service of Georgia, the Georgian Intelligence Service and the Special State Protection Service of Georgia, as well as on traffic signs.

3. Bookmaking regarding any election-related issue is prohibited.

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

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

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

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

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

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

Organic Law of Georgia No 6571 of 28 June 2012 – website, 28.6.2012

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 47 – Bribery of voters

1. From the moment of publication of the respective legal act calling elections, including the polling day, and where there is necessity to hold the second round of elections – from the moment of publication of the respective legal act calling elections including the polling day of the second round of elections, it is prohibited:

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

b) for individuals or legal entities to perform such work or to provide such services through utilizing personal funds and/or electoral subject funds (except for the performance of work or the provision of services defined in the Law of Georgia on State Procurement) that fall within the competence of the state authorities and/or local self-government bodies of Georgia under the legislation of Georgia.

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 48 – Prohibition of the use of administrative resources during canvassing and election campaign

1. Any person having the right to participate in canvassing according to Article 45(4) of this Law shall be prohibited from using administrative resources in the course of the election campaign in support of or against any political party, candidate for electoral subject, or electoral subject. In addition, it is prohibited to:

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

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

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

2. Restrictions provided for by paragraph 1(c) of this article shall not apply to the use of service vehicles by public political officials that are protected by the Special State Security Service as defined in this Law.

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

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

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

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

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

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

8. In order to ensure the publicity of activities of interagency commissions, the representatives of domestic and international observer organisations may be invited to the commission session.

9. If any statement of violation is confirmed, the commission shall have the right to recommend to any public officer, an administrative body, or the CEC to take respective measures within a reasonable time.

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

Organic Law of Georgia No 1698 of 11 December 2013 – website, 25.12.2013

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 49 – Prohibition of the use of budgetary funds, office, or official position

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

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

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

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

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

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

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

4. From the 60th day before and including Election Day, it is prohibited to increase the amount of welfare benefits (pensions, hardship allowances, allowances, etc.), except for benefits the increase of which was provided for by the legislation of Georgia at least 60 days before Election Day. It is also prohibited to fund the welfare benefits (pensions, hardship allowances, allowances, etc.) that were not provided for by the legislation of Georgia at least 60 days before Election Day. If the procedures under this paragraph are not met, an authorised person may apply to the court to suspend expenses.

5. Paragraphs 3 and 4 of this article shall not apply to financing the setting up of polling places by state and/or municipal bodies under this Law and to financing the measures for remediation of the consequences of natural disasters or other force majeure circumstances.

51. During by-elections, points 3-5 of this article shall apply only to electoral precincts where by-elections are held.

6. In the course of canvassing, it is prohibited to produce, by funds from the State Budget/municipality budget of Georgia, campaign materials, video or audio materials, or to create the website or any part thereof where any electoral subject/political party or its sequence number assigned during elections is displayed and/or which comprise materials in support of/against any electoral subject/political party. It is also prohibited to show an electoral subject/political party or a sequence number assigned thereto during elections in a public service announcement (PSA) made by funds from the State Budget/municipality budget of Georgia in the course of any election campaigning.

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

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 50 – General regulations for election campaigning media coverage

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

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

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

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

d) during the period referred to herein, political advertising may not be broadcast at any other time, except the time interval allotted for these purposes.

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

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

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

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

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

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

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

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

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

5. It is prohibited to publish public opinion poll results with regard to elections, except for the possible number of voters in elections and the number of voters participating in elections on polling day, within 48 hours before polling day and until 20:00 of that day. From the day of calling elections until the publication of final results of elections by the CEC and during one month thereafter, the following shall be indicated when publishing public opinion poll results with regard to elections: the person ordering the poll (name according to public or electoral registration and legal address if a legal entity or a state body has ordered the public opinion poll; and first name, last name, and address according to a Georgian citizen’s identity card if an individual has ordered the public opinion poll), whether the poll is paid or free of charge, the organisation conducting the public opinion poll (name according to public or electoral registration and legal address), date of the poll, methods used, exact formulation of the questions put in the poll, possible margin of errors.

Organic Law of Georgia No 834 of 12 July 2013 – website, 25.7.2013

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

Organic Law of Georgia No 3695 of 12 June 2015 – website, 15.6.2015

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 51 – Information support to election campaigning

1. In the course of election campaigning, when broadcasting social-political programs and elections, a broadcaster shall observe the principle of impartiality and fairness according to the Law of Georgia on Broadcasting, the Code of Conduct of Broadcasters, and this Law.

2. A general broadcaster intending to cover election campaigning shall broadcast pre-election debates in a non-discriminatory manner and with the participation of all qualified electoral subjects in the course of the election campaigning within its coverage area.

3. The obligations provided for by this Law for equal allotment of airtime, creation of equal conditions for participating  in debates, and for setting equal conditions for election advertising shall apply only to the broadcasters referred to in paragraphs 5, 6 and 61 of this article and only in relation to qualified electoral subjects; in the case provided for in paragraph 61 of this article the obligations shall also apply in relation to the electoral subjects referred to in subparagraph (c) of the same paragraph.

4. (Deleted – 22.6.2016, No 5438).

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

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

61. A broadcaster, other than the ones referred to in paragraphs 5 and 6 of this article, shall broadcast pre-election advertising free of charge for the last 30 days until the Election Day if during the election campaign within its coverage area it airs any paid pre-election advertising of the electoral subject specified in Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens. In that case, the broadcaster shall allot time to pre-election advertising free of charge (if the paid advertising is aired during the prime time as defined by the Law of Georgia on Broadcasting, the free advertising shall be aired in the proportion provided for below and in the same time period, on the same day or, in agreement with the client, on another day. In all other cases, free advertising shall be broadcast in a three-hour interval from the time of broadcasting paid advertising in the broadcasting network, on the same day or, in agreement with the client, on another day. The free advertising airtime not used by an electoral subject may not be added to other advertising airtime allotted to such subject):

a) for the above electoral subject, the time equal to the advertising time purchased by the electoral subject. The time shall be distributed so as not to take up more than 90 seconds in three hours (each electoral subject may divide the time allotted in several parts);

b) for qualified electoral subjects (other than the electoral subjects provided for in Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens) the time equal the total advertising time purchased by the electoral subjects referred to in subparagraph (a) of this paragraph that shall be equally and without discrimination divided among the electoral subjects referred to in subparagraph (b) of this paragraph, provided that the time allotted to one electoral subject does not take up more than 90 seconds in three hours (each electoral subject may divide the time allotted in several parts);

c) (Deleted – 22.6.2016, No 5438).

62. The broadcasters referred to in paragraph (61) of this article willing to air paid pre-election advertising shall provide the CEC and Georgian National Communications Commission, in 15-day time from the day of calling of elections butnot later than the 55th day before Election Day, with information on the proposed paid pre-election advertising airing schedule and the advertising time price. The CEC will post the information on its official website within one day. An electoral subject indicated in Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens shall provide the CEC and the relevant broadcaster, not later than the 40th day before Election Day, with information on the purchase of advertising time from each particular broadcaster according to the above schedule (the information shall contain dates, airtime intervals for the advertising to be aired during the day and the duration of the advertising time to be purchased). A broadcaster, from whom the electoral subject purchased advertising time, shall provide the CEC and Georgian National Communications Commission, not later than the 38th day before Election Day, with information on the free advertising airtime allotted under paragraph 61 of this article (such information shall indicate dates, airtime intervals for the advertising to be aired during the day and the duration of the advertising time), as well as information on the schedule for airing advertising within the advertising time allotted to each qualified electoral subject specified in paragraph 61(b) and (c) of this article. The CEC shall post the above information on its official website within one day. An electoral subject eligible to receive free advertising time shall give the relevant broadcaster at least two days’ prior notice of the intention to use its due time and submit the advertising at the time agreed with the broadcaster.

63. The Public Broadcaster shall arrange for sign language translation for its programmes aired in connection with elections during the election campaign period.

7.(Deleted – 21.7.2018, No 3266).

8. A broadcaster shall have the right to recognize as a qualified electoral subject the political party that, according to the public opinion poll conducted throughout the territory of Georgia according to the terms and conditions referred to in this article, has gained not less than 4% of votes in not less than 5 public opinion polls conducted during the election year or in the public opinion poll conducted a month before elections. Discriminatory use of sociological surveys by any broadcaster shall not be permitted.

9. A local broadcaster shall recognise a party as a qualified electoral subject:

a) which is a qualified electoral subject defined by Article 2(q1) of this Law;

b) which received not less than 25% of votes in elections of a municipality representative body Sakrebulo.

10. A local broadcaster shall have the right to recognise the following as a qualified electoral subject:

a) a party which received not less than 10% of votes in the last elections of municipality bodies held in a respective majoritarian electoral district;

b) a political party that enjoys support of not less than 25% of voters according to the public opinion poll conducted in the respective majoritarian electoral district as defined by this Law, as identified by not less than two successive surveys conducted during the election year;

c) a majoritarian candidate nominated by an initiative group of voters that enjoys support of not less than 25% of voters according to the public opinion poll conducted in the respective majoritarian electoral district as defined in this Law, as identified by not less than two successive surveys conducted during the election year.

11. For the purposes of this Law, a public opinion poll shall meet the following requirements:

a) it shall be based on the acknowledged scientific methodology of representative random selection that provides 95% credibility of results with a margin of error not exceeding 3%;

b) it shall be published after double-checking the credibility of the methodology of the public opinion poll and objectivity of its results;

c) it shall be feasible to provide convincing scientific explanation if there are significant discrepancies or changes in the results of the same or other comparative public opinion polls;

d) it shall not constitute a tool for manipulating public opinion or fundraising and it shall not be conducted via telephone, mail, and/or internet;

e) it shall be based on transparent methodology that enables providing an independent double-check of the results;

f) while publishing the results, the following shall be specified:

f.a) an organisation having conducted a public opinion poll;

f. b) a person having ordered or funded a public opinion poll;

f. c) the exact formulation and sequence of questions put in a public opinion poll;

f.d) the time of conducting field opinion poll;

f.e) the number of individuals interviewed and the method of selection;

f.f) in what area or among what category of people the selection was conducted;

f.g) whether the survey is based on the opinions of all respondents;

f.h) the number of respondents who refused to participate in the poll, who did not answer a question, or who could not be interviewed;

f.i) the sample size;

f.j) the margin of error;

f.k) information on other factors that might have significantly affected the results.

12. The Public Broadcaster and Ajara TV and Radio of the Public Broadcaster (legal entities under public law) shall allot airtime for placement of pre-election advertising of all other parties, except for a qualified electoral subject, which shall be equally distributed among these parties.

13. (Deleted – 21.7.2018, No 3266).

14. The obligation to allot free airtime provided for by this article shall be solely applied to the local broadcaster in the course of by-elections.

15. The GNCC shall determine the procedure for participation and use of the media in the electoral process, shall supervise the observance of provisions under this Law by any broadcaster, and shall give respective response to violations of those provisions. The GNCC shall purchase the services necessary for media monitoring according to the legislation of Georgia.

16. It is prohibited to broadcast any paid and/or free pre-election advertising through TV or radio on polling day.

17. (Deleted – 12.6.2015, No 3695).

18. (Deleted – 12.6.2015, No 3695).

19. (Deleted – 12.6.2015, No 3695).

20. (Deleted – 12.6.2015, No 3695).

21. (Deleted – 12.6.2015, No 3695).

Organic Law of Georgia No 6605 of 29 June 2012 – website, 16.7.2012

Organic Law of Georgia No 834 of 12 July 2013 – website, 25.7.2013

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

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

Organic Law of Georgia No 3695 of 12 June 2015 – website, 15.6.2015

Judgement of the Constitutional Court of Georgia of 23 May 2016 No 2/3/591 – website, 3.6.2016

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

[Article 51 – Information support to election campaigning

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

2. Free air time, in accordance with procedures provided for by this Law, shall be given equally to those political parties who obtained at least 3 per cent of votes during the last parliamentary elections.

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

4. The obligation of equal distribution of airtime established by this Law, creation of equal conditions for participation in pre-election debates and establishment of equal conditions for election advertising shall apply to the broadcasters mentioned in paragraphs 5, 6 and 15 of this article, in relation to the authorised parties.

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

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

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

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

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

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

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

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

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

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

15. The broadcaster (except for the broadcasters mentioned in paragraphs 5 and 6 of this article) is obliged to broadcast pre-election advertisements free of charge during the last 30 days before the Election Day, if it places paid pre-election advertisements during the election campaign in its service area. In this case, the local broadcaster or cable broadcaster is obliged to devote 7.5 minutes every 3 hours to free pre-election advertisements and to place equally and in a non-discriminatory manner pre-election advertisements submitted to it by each authorised party, provided that the advertising time allocated to one electoral subject during this period does not exceed 90 seconds (an electoral subject may divide this time into several parts). No unused time may be added by the electoral subject to another time belonging to him/her.

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

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

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

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

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

d) there shall be no manipulation by public opinion or a means of raising money, it shall not be conducted by phone, mail and/or the Internet;

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

f) when publishing public opinion survey results the following shall be specified:

f.a) an organisation conducting the survey;

f.b) an organisation ordering or financing the survey;

f.c) exact formulation and sequence of questions used in the survey;

f.d) time of the conduct of field survey;

f.e) number of respondents and the selection method;

f.f) in what area or in what category of people the selection was made;

f.g) whether the survey is based on the opinion of all respondents;

f.h) number of respondents who refused to participate in the survey or did not answer the question or could not be interviewed;

f.i) selection size;

f.j) scope of error;

f.k) information on any other factor that may have had a significant impact on the results of the survey.

18. The broadcaster commissioning the public opinion survey is obliged to comply with the requirements set forth in paragraph 17 of this article. A broadcaster that publishes a public opinion survey commissioned by others shall be subject only to the requirements set forth in paragraph 17(f) of this article. (Shall become effective upon acquiring the full authority by the Parliament of Georgia elected in the Parliamentary Elections of Georgia of 26 October 2024)]

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Chapter VII – Election/Referendum Funding

 

Article 52 – Financial support for preparation and conduct of elections/referenda

1. Costs incurred by the Electoral Administration of Georgia for preparation and conduct of elections/referenda, as well as its activity carried out within the term of its office shall be funded from the State Budget of Georgia.

2. The CEC shall, on an annual basis and according to the procedures defined by this Law, submit to the Parliament of Georgia a budget statement of the Electoral Administration of Georgia for the following year in order to determine the budgetary financing for the following year.

3. If the budgetary funds allocated for the preparation and conduct of elections/referenda are not allocated to the CEC budgetary programme code concerned within the timeframe established by this Law, the CEC shall have the right to file an action in the district/city court of Georgia.

4. Enforcement of the allocation of funds to the CEC may not be carried out from the State Budget of Georgia intended for enforcement of court judgments.

5. The Electoral Administration of Georgia, represented by the CEC, may receive grants from persons duly authorised by law. The grant shall be used according to the agreement between the CEC and the authorised person.

6. For the purpose of unimpeded conduct of elections during an election/referendum, the Electoral Administration of Georgia shall have the right to conduct state procurement under simplified procedures as provided for by the Law of Georgia on State Procurement.

7. Lodging a complaint against actions/decisions of the CEC or a tender commission regarding the state procurement during the election/pre-election period may not result in the suspension of procurement procedures.

8. Time limits for appealing, during the election/referendum period, by the state procurement-related Disputes Resolution Board of the State Procurement Agency against decisions of the CEC and/or its tender commissions, and the terms and procedure for considering a complaint and for appealing the decisions delivered shall be defined under Article 77 of this Law.

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

 

Article 53 – Funds necessary for elections/referenda

1. The CEC shall, not later than 55 days before polling, submit to the Ministry of Finance of Georgia a plan for funding the preparation and conduct of elections/referenda.

2. The Ministry of Finance of Georgia shall, not later than on the 50th day before polling day, according the plan submitted to the ministry by the CEC, ensure that the funds for the preparation and conduct of elections/referenda are allocated from the State Budget of Georgia to the CEC budgetary programme code concerned.

3. The CEC shall, by decree, regulate the distribution and use of election funds, necessary for the conduct of elections, by election commissions.

4. The CEC shall, not later than 45 days before polling day, deposit funds allocated for a DEC into its current account.

5. A DEC shall, not later than on the 30th day after polling, cease all settlements with organisations and individuals and shall, within 10 days, transfer funds remaining on its account to the relevant account of the state treasury. A DEC shall, within two weeks after transferring funds remaining on its account, submit a financial report to the CEC.

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

 

Article 54 – Election/referendum campaign expense

1. An election/referendum campaign shall be funded from:

a) the funds of a political party;

b) the election funds opened by an initiative group of voters to fund the campaign of an independent candidate.

2. A candidate nominated by an electoral subject shall use the fund of the electoral subject nominating the candidate.

3. The basis for opening a bank account in a licensed commercial bank of Georgia for electioneering of an initiative group of voters shall be an ordinance on the registration of this electoral subject of a Chairperson of a relevant election commission.

4. An electoral subject shall be obliged to submit to the State Audit Office of Georgia the information about the bank account, from which the necessary costs shall be funded for an election campaign. The information submitted on the mentioned fund should also include the contact details of the persons responsible for managing the election campaign fund.

5. Election/referendum campaign funds shall be the money deposited into the relevant bank account, as well as all goods and services received free of charge (calculated at market prices), except for the cost of free advertising time received in accordance with the law.

6. During elections, an electoral subject may not use other financial means than the respective funds.

7. The total amount of expenses incurred by the electoral subject during the year shall not exceed 0.1% of the gross domestic product of Georgia of the previous year. This amount includes the expenses incurred by the electoral subject and another person in its favour, which are determined by the State Audit Office and about which the relevant electoral subject is notified.

8. The upper limit of the total annual election expenses of an independent majoritarian candidate shall be determined as follows: the upper limit of the election campaign allowances for a political party (0.1% of the previous year's GDP) shall be divided by the total number of voters in the country and the number obtained must be multiplied by the number of voters in the respective electoral district.

Organic Law of Georgia No 6551 of 22 June 2012 – website, 29.6.2012

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 55 – Legislation on election/referendum campaign expense

Transparency and lawfulness of election/referendum campaign expense shall be guaranteed by the provisions determined by this Law and the Organic Law of Georgia on Political Associations of Citizens.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 56 – (Deleted)

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

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 57 – Report of election campaign expense

1. Candidate for an electoral subject/electoral subject shall submit a relevant financial report to the State Audit Office once every 3 weeks from the day of calling the elections, in the form prescribed by the State Audit Office.

2. An electoral subject that, according to preliminary data, receives the number of votes required by this Law in the elections, shall submit a report on the funds used as of the polling day to the State Audit Office not later than 12 days after the polling day.

3. An electoral subject participating in the second round of elections is obliged to submit the financial report on the activities carried out after the polling day of the first round of elections to the State Audit Office, 3 days before the day of the second round of elections.

4. Not later than 1 month after the publication of the election results, and not later than 1 month after the publication of the results of the second round an electoral subject shall submit to the State Audit Office, together with the audit report (an audit firm), a report on the funds used from the day of calling the elections until the day of publishing the final election results. An auditor certified in accordance with the Organic Law of Georgia on the State Audit Office shall have the right to conduct an audit. Unless the election campaign expenses exceed GEL 10,000, the electoral subject shall have the right to submit a full election period report without an audit report.

5. (Deleted – 21.7.2018, No 3266).

6. If the electoral subjects having received the required number of votes as provided for by this Law fail to submit a report of their election campaign funds within the specified timeframe, or if any violation of the requirements provided for by law is confirmed, the State Audit Office shall notify the electoral subjects in writing and request them to remedy the deficiency and submit detailed information about the relevant violations in writing. If the State Audit Office deems that the violation is of an essential nature and could have affected the election results, it may recommend to the relevant election commission to apply to court and request to summarize election results without taking into account the votes received by that electoral subject.

7. The State Audit Office shall determine the form of a report for funds used for elections and the procedure for its completion.

Organic Law of Georgia No 6551 of 22 June 2012 – website, 29.6.2012

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Chapter VIII – Polling

 

Article 58 – Arrangement of a polling station

1. The state bodies, municipal bodies, legal entities under public law (except for membership-based and religious unions) and organisations established with more than 50% participation interest of the state and municipal bodies shall provide the election commissions, temporarily and free of charge, with the premises and inventory required for preparing for and holding the elections. Furthermore, the above bodies shall pay the utility costs of the premises provided.

11. If an appropriate building is available, the building for an electoral precinct shall be accessible for every voter, and where such building is not available, the building allocated for the electoral precinct shall, where possible, be adapted by the allocating body for the polling day to ensure accessibility for every voter.

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

a) a party;

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

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

21. A party and the election headquarters of a party/an initiative group of voters may not be located in a building where an election commission is located.

3. (Deleted – 7.3.2014, No 2093).

4. At a polling station:

a) polling booths shall be set up so as to ensure that voters can complete ballot papers in secret. At least one booth with one pen shall be provided for every 500 voters;

b) places shall be allocated for registration of voters and special envelopes;

c) a transparent ballot box shall be installed in a visible place;

d) public versions of lists of voters, party lists, lists of candidates, procedures for filling out a ballot paper established by the CEC, as well as an extract from this Law defining the cases when a ballot paper is deemed invalid, and demonstration protocol(s) of polling results shall be posted in a visible place.

5. If any electoral subject entered into a ballot paper no longer runs in elections, a notice thereof shall be posted in a visible place both at the polling place and in the voting booth (room).

6. In order to ensure that polling is secret, photo and video filming in a polling booth shall be prohibited.

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 59 – Keeping order at polling stations and its adjacent territory on polling day

1. The PEC chairperson shall be responsible for keeping order at the polling station on polling day.

2. Decisions made by the PEC chairperson for keeping order at a polling station shall be binding upon all members of the election commission, upon all persons authorised to be present at the polling station and upon voters.

3. No armed individual may enter a polling station.

4. If the commission operations are hindered and order is violated, a PEC may expel a troublemaker from the place where the PEC is located. The chairperson and members of the commission shall sign a respective act drawn up for the expulsion. The act shall specify the first and last names of the troublemaker, as well as the numbers of the electoral district and electoral precinct, and account of the violation and the exact time of its commitment.

5. A PEC shall decide to remove a representative of an electoral subject from the premises.

6. If social order, or the polling process or safe movement of electoral documents under this Law is threatened at a polling station or its adjacent territory, at the request of the PEC chairperson, police officers may be summoned to the polling station and its adjacent territory. Police officers shall leave the polling station and adjacent territory with the consent of the PEC chairperson as soon as the disturbance of social order is eliminated.

7. In exceptional cases, police officers may be present in an adjacent territory of a polling station but not in the polling station itself, without the request and consent of the Chairperson of a PEC, if this is absolutely necessary for preventing the violation of social order or for protecting thereof. As soon as such necessity is eliminated, police officers shall leave the adjacent territory of a polling place.

Organic Law of Georgia No 5593 of 24 June 2016 – website, 12.7.2016

 

Article 60 – Polling time and place

1. Polling shall take place at a polling station on the election (polling) day from 8:00 to 20:00 hours.

2. It is prohibited to lock the polling station during voting or to terminate or suspend voting, except when it is impossible to ensure the universal and equal suffrage and free expression of the will of voters.

3. The PEC chairperson shall unilaterally decide to close a polling station temporarily, to terminate or suspend polling, to re-open the polling station, and to resume polling, and he/she shall be fully responsible for making such a decision.

4. In the case of the temporary closure of a polling station, a PEC shall, immediately after polling is terminated or suspended, decide to approve or revoke the relevant decision made by the PEC chairperson. If the decision of the commission chairperson concerns the suspension of the polling, the decision of the commission on confirming or revoking the decision shall be reflected in the log-book, the reason and the time of the suspension of the polling shall be indicated and confirmed by the signatures of the commission members. If the decision of the commission chairperson concerns the termination of the polling, the decision of the commission on confirming or revoking the decision shall be taken by an ordinance, where the reason and the time of the termination of the polling shall be indicated. As soon as the cause of the suspension of polling has been removed, the polling process shall be resumed by an ordinance of the commission chairperson. If the polling is declared terminated, it shall not be resumed.

5. A voter may stay at the polling station only during the time required for voting.

6. A PEC shall declare polling completed any time before 20:00 at electoral precincts set up at military units, hospitals, and other inpatient facilities and hard-to-access areas, provided all voters on the list of voters participated in the polling.

7. It is prohibited to conduct polling before the day or after the day of polling, except for the cases provided for by the legislation of Georgia.

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

 

Article 61 – Opening of electoral precincts

1. An electoral precinct shall open at 7:00 a.m. If by this time the number of PEC members is less than 7, the higher DEC shall be immediately informed thereof, and it shall immediately make an appropriate decision.

2. Polling procedures from the time of opening an electoral precinct up to the time of starting polling shall be carried out in the following sequence:

a) immediately after opening an electoral precinct the polling day log-book shall be opened. All persons authorised to be present at the polling place shall sign the first and second pages of the book, and if necessary, the tenth and following pages as well;

b) the PEC chairperson shall inspect the integrity of the sealed package that contains a special seal of the PEC;

c) the PEC chairperson shall prepare papers for casting lots on same kind of sheets with the same pen, shall set a special PEC seal thereto and shall fold the papers so that the text inside cannot be read. The total number of blank and filled out papers shall be equal to the number of commission members participating in casting of lots. The commission chairperson shall conduct casting of lots in the presence of the commission members and persons authorised to be present at a polling station. The commission chairperson/deputy chairperson/secretary may not participate in the casting of lots. The papers shall be thrown onto the table and the commission members participating in casting of lots shall pick them up one by one;

d) the PEC chairperson shall identify from among the PEC members, by casting lots, 2 commission members to carry a mobile ballot box (if necessary);

d1) if a commission member identified by casting lots to carry a mobile ballot box refuses to fulfil the function assigned to him/her, he/she shall lose the right to participate in the regular lots to be casted for distributing other functions of the commission members. The issue of assigning a function to this commission member shall be decided on by the PEC chairperson;

e) another casting of lots shall be conducted to assign other duties to the commission members, in which the following members shall be selected:

e.a) a commission member responsible for regulation of the flow of voters at a polling room and for verification of the inking of voters;

e.b) commission members registering voters (at least 1 member per 300 voters) who shall also issue ballot papers after signing and sealing the assigned place on the reverse side of a ballot paper;

e.c) a member of the commission supervising ballot boxes and special envelopes;

f) after the casting of lots is finished, the PEC secretary shall make a note on the 3rdpage of the polling day log-book about the results of assigning duties by casting lots;

g) the duties of a commission member defined by casting lots may be delegated to another commission member only with the permission of the commission chairperson and that shall be noted by the commission secretary on the 5th page of the polling day log-book by specifying the time.

3. If the number of commission members in terms of the duties to be assigned appears on the polling day to be:

a) less by one member, the number of members of the commission registering voters shall be reduced;

b) less by two members, the commission deputy chairperson shall perform the duties of the commission member regulating the flow of voters in the polling room;

c) less by three members, the commission chairperson shall perform the duties of the member of the commission supervising ballot boxes and special envelopes.

4. The DEC shall decide the matter of remuneration of a PEC member who appears before the commission after the end of the lot casting procedure, while the PEC chairperson shall decide the issue of assigning duties to that person.

5. If a person authorised to be present at a polling place finds (identifies) any violation during registration of a complaint, a decision regarding the registration of the complaint shall be made by the commission under the determined procedure.

6. After the completion of casting lots, the PEC chairperson shall:

a) announce the number of voters according to unified and special lists, including mobile ballot box list;

b) check the integrity of packages of ballot papers and special envelopes and announce the number of ballot papers and special envelopes received;

c) check and put a seal with a unique number on main and mobile ballot boxes as determined by the CEC.

7. Each registrar of voters shall be given a notebook containing all types of ballot papers that shall be confirmed with signatures of the commission chairperson and the registrar on a front page. After all ballot papers are issued from the notebook, another notebook shall be given to the registrar, and so on.

8. (Deleted – 7.3.2014, No 2093).

9. The PEC secretary shall announce the data referred to in paragraph 6(a)(b)of this article and shall incorporate (except for the number of special envelopes) it into the demonstration protocol of polling results and the polling day log-book.

10. Control sheets shall be signed by the first voter and all the PEC members present. The following details shall be indicated in the control sheets: first name, and surname of the first voter, his/her place of registration and personal identification number of a citizen of Georgia. The PEC chairperson and the secretary shall fill out control sheets in three copies. The PEC chairperson shall insert one copy of the control sheet into the main ballot box after the first voter appears, the second copy shall be inserted into a mobile ballot box, and the third copy shall be kept for the purpose of further comparison with the control sheets in the ballot boxes.

11. Polling shall start at 8:00 a.m. on the polling day.

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 1274 of 26 July 2017 – website, 29.7.2017

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

 

Article 62 – Polling day log-book

1. The polling process at an electoral precinct as well as claims, complaints, and comments concerning the progress of polling shall be recorded in a polling day log-book (‘the log-book’).

2. The log-book shall be maintained in the Georgian language, while for those electoral districts for which ballot papers are also printed in other languages understandable to the local population, the log-book may also be maintained in the respective language.

3. The log-book shall be delivered to the commission secretary who is, together with the commission chairperson, in charge of recording every election procedure during the polling day in the log-book and of specifying the time of implementation thereof.

4. One copy of the log-book together with ballot papers shall be delivered to PECs.

5. The log-book shall be bound with a lace; the lace shall be sealed, the sheet to be sealed shall be signed by the DEC chairperson and secretary, and shall be affixed with a DEC seal. Every page of the log-book shall be numbered and the number of the electoral district and the electoral precinct shall be specified on each page.

6. The PEC secretary shall indicate on page 4 of the log-book the number of ballot papers handed over and of ballot papers left unused after the completion of polling.

7. The commission secretary shall record on page 5 of the log-book the information regarding temporary delegation of a commission member’s duties defined by casting lots to another member of the commission.

8. The commission secretary shall record on pages 6 and 9 of the log-book every set of data to be entered into the summary protocol when summarising polling results.

9. All persons authorised to be present at a polling place may record in the log-book all claims, complaints, and comments related to the polling procedure on the polling day (page 10 and the following pages of the log-book shall be used for this purpose), and may specify witnesses (if any). Persons making records in the log-book shall specify their first and last names, and address as provided on the identity card of a citizen of Georgia.

10. No one shall have the right to prevent any person authorised to be present at a polling place from making records in the log-book.

11. The log-book shall be closed after polling results are summarised. It shall be signed by the chairperson and the secretary of the PEC and certified with the PEC seal. The log-book shall be sealed together with applications/complaints received and forwarded to the higher DEC together with the sealed documents specified in Article 67(51) and the summary protocol(s) of a PEC.

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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

 

Article 63 – Ballot papers and special envelopes

1. Ballot papers shall be printed under a CEC ordinance and according to the sample established by the CEC in the Georgian language, while in Abkhazia ballot papers shall be printed in the Georgian and Abkhazian languages, and if necessary, in other languages understandable to the local population.

2. For electoral precincts the CEC shall ensure the use of technologies that allow voters with vision disabilities to complete a ballot paper independently.

3. The CEC shall ensure the printing of ballot papers and the production of ballot boxes (main and mobile), while the relevant DEC shall be responsible for the accuracy of the data to be entered into ballot papers for the elections of a municipality representative body Sakrebulo (except for Tbilisi (capital city of Georgia) municipality Sakrebulo). Ballot papers shall be printed under permanent supervision of observers and persons authorised by the CEC and DECs. Two commission members appointed by ordinance of the respective election commission and observer organisations registered under this Law may observe the process of printing of ballot papers (at every place of printing). The observer organisations shall agree upon nominating not more than 3 observers.

4. The respective election commission shall, within two days after adoption of the appropriate ordinance, publish data about the place where ballot papers are printed and ballot boxes are produced, as well as about the persons responsible for printing ballot papers and producing ballot boxes.

5. A person printing the ballot papers shall be personally responsible for the precise compliance of the number of ballot papers printed and transferred to the relevant election commission with the number of ballot papers ordered in order to make sure that no extra ballot papers are printed and disseminated.

6. The chairperson and secretary of an election commission shall be personally responsible for the storage and proper distribution of ballot papers in the election commission.

7. In order to provide a precise recording of ballot papers, each type of ballot paper shall be numbered sequentially (the number shall be specified on the counterfoil of a ballot paper; a ballot paper and its counterfoil shall be separated from each other by a perforated line) and bound in 50 copies in the form of a notebook. Each notebook shall specify on its cover page the type of ballot paper, the lines for a notebook number, numbers of ballot papers in the notebook, numbers and names of electoral districts and electoral precincts, the lines for signatures of a PEC chairperson and a PEC member (registrar of voters), to whom the notebook is to be delivered, as well as the line for recording the number of unused ballot papers.

8. The number of special envelopes delivered to each PEC shall equal to the total number of voters in an electoral precinct, while the number of ballot paper notebooks shall be equal to a multiple number of 50 of the total number of voters in an electoral precinct.

9. The CEC shall transfer ballot papers and special envelopes to DECs not later than two days before polling day. On the other hand, the DEC shall transfer ballot papers and special envelopes to PECs not later than 12 hours before polling starts.

10. The number of ballot papers and special envelopes shall be precisely registered. Two copies of a delivery and acceptance certificate shall be drawn up after the CEC transfers ballot papers and special envelopes to a DEC and the DEC transfers them to a PEC. A delivery and acceptance certificate shall specify the names of the commissions having transferred and having received ballot papers and special envelopes, the amount of special envelopes, the type of ballot papers, the amount of ballot paper notebooks (specifying their numbers and the numbers of ballot papers), the identity of persons having issued and having received them. A delivery and acceptance certificate shall be signed by the persons having issued and having received the documents (one copy of the certificate shall remain with the commission having transferred ballot papers and special envelopes, while another copy shall be given to the commission having received the ballot papers and special envelopes). A representative of the election commission that is given ballot papers and special envelopes shall request one copy of a delivery and acceptance certificate to be transferred to the respective DEC/PEC. A delivery and acceptance certificate shall represent public information.

11. Signatories to a delivery and acceptance certificate referred to in paragraph 10 of this article shall, before drawing it up, and after determining the compliance of ballot paper information, count ballot papers and enter data into the delivery and acceptance certificate. Thereafter, ballot papers shall be sealed again and that shall be endorsed by the signatures of the parties.

12. The front page of a ballot paper shall include:

a) the name of an election/referendum and the date of the election/referendum;

b) the name and the number of an electoral district;

c) the number of an electoral precinct (on counterfoil of a ballot paper and on ballot paper itself);

d) during elections held under the proportional election system – the sequence number and name of a party running in the elections; during elections of the Mayor of a self-governing city (including Tbilisi city)/a self-governing community and elections of Sakrebulo held under the majoritarian election system – the sequence number, surname and first name of a candidate, and the name of an electoral subject nominating him/her. If a majoritarian candidate is nominated by an initiative group of voters, the word ‘independent’ shall be specified along the sequence number in the ballot paper;

e) a referendum paper shall also specify the question to citizens concerning the referendum issue and options of possible answer: ‘yes’ and ‘no’;

f) the procedure for filling out a ballot paper.

13. If it turns out that a ballot paper was supposed to be in another electoral precinct/district or the quantity thereof does not comply with the one determined in advance, or it has a typographical or other defect, the higher election commission shall be immediately notified thereof, while the relevant election commission may, by an appropriate certificate, enter the actual number of ballot papers into the summary protocol.

14. The reverse page of a ballot paper shall specify the following:

a) the place for affixing a signature by the registrar of voters;

b) the place for affixing a special stamp by the registrar of voters.

15. If an electoral subject is withdrawn from an election, a stamp ‘withdrawn from election’ shall be placed on a ballot paper after the name of an electoral subject.

16. Ballot papers are state property. It is prohibited to take ballot papers out of a polling station, to take them away, or to destroy them on the polling day without permission.

17. Ballot papers shall be printed on a paper with protective signs and only the CEC shall have the right to order and purchase such papers.

18. The violation of the restrictions provided for by the sixteenth paragraph of this article, as well as the dissemination and use of forged ballot papers, is a criminal offence punishable by law.

19. A PEC shall issue a ballot paper(papers) and special envelopes based on a list of voters against presentation of the identity card of a citizen of Georgia or the passport of a citizen of Georgia.

20. Each voter shall be given one special envelope and the appropriate amount of ballot papers on the polling day.

21. During elections of the Parliament of Georgia, election ballot papers shall be given a voter.

22. A commission member acting as a registrar of voters shall endorse the issuance of a ballot paper(s) by his/her signature on the list of voters.

23. Voters shall endorse receipt of a ballot paper(s) by his/her signature on the list of voters.

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 64 – Inking of voters

1. Inking of voters shall be conducted in every electoral precinct (except for the cases referred to in paragraph 5 of this article), which implies applying of invisible and non-hazardous indelible ink on the voter's right thumbnail or forefinger nail (in the case of impossibility to perform this action, the invisible and indelible ink shall be applied on the voter’s right nail of another finger, and if this is also impossible, the same procedure shall be conducted on the left hand).

2. A voter shall go through the inking verification procedure provided by the respective election commission member upon entering a polling room. The commission member shall illuminate the place for inking with a special device and after making sure that a voter has not been inked before, he/she shall grant the voter the right to participate in polling. If the device determines that a voter has been inked before, the voter shall be restricted from participating in polling and his/her name shall be recorded in the log-book.

3. A voter who has gone through the inking verification procedure shall move to the registration desk, where the registrar of voters shall ink a voter and issue a ballot paper(s). In the case of refusal to inking, a voter shall have no right to vote and a ballot paper(s) shall not be issued to him/her.

4. If a member of the election commission, or an observer present at an electoral precinct and/or a representative of an electoral subject becomes suspicious of the inking or inking verification procedure, he/she shall have the right to require the repeated conduct of the procedure referred to in paragraphs 2 and/or3 of this article. The same persons shall have the right to require respective responses to any identified violation of the inking procedure.

5. Inking shall not apply to penitentiary institutions, hospitals and other inpatient facilities (for patients), or to mobile voters.

6. A voter who has gone through the inking procedure and has participated in an election may not vote again at the same or another electoral precinct.

7. An individual violating the requirements referred to in this article shall be held liable under the legislation of Georgia.

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

 

Article 65 – Conduct of polling

1. Each voter shall vote personally. It is restricted to vote inthe place of another person.

2. Voting shall be conducted under the procedure and in the sequence as follows:

a) on entering the polling room, a voter shall be checked for ink; if a voter is not inked, he/she shall be allowed to vote. A commission member responsible for regulating the voters’ flow in the polling room shall let a voter in the polling room only after the voter presents the identity card of a citizen of Georgia or the passport of a citizen of Georgia, and if there are not more than two voters standing at the registration desk designated for voters;

b) after entering the polling room, a voter shall go to the registration desk corresponding to the first letter of his/her last name in the list of voters, and shall present to the registrar of voters the identity card of a citizen of Georgia or the passport of a citizen of Georgia. The registrar of voters shall verify compliance of the voter's registration data specified in the presented document(documents) with the data on the list of voters, and compliance of the voter's face and photos in the presented document(documents) and in the list of voters with each other. If compliance is verified, the registrar of voters shall ink the voter and sign in a respective box in the list of voters, after which the voter will confirm the receipt of a ballot paper(papers) by his/her signature. When issuing a ballot paper(papers), a registrar of voters shall sign in the appropriate box on the back of the ballot paper(papers) and certify the ballot paper(papers) with a special seal;

c) after endorsing a ballot paper(s), a voter shall enter a secret polling booth and fill out the ballot paper(s) as defined by this Law. After filling out the ballot paper(s), the voter shall fold it (them) so that it is impossible to see who/what he/she voted for;

d) a voter shall take the folded ballot paper(s) to a desk standing separately, shall independently take a special envelope and put the ballot paper(s) therein. Only a voter shall have the right to put a ballot paper(s) in a special envelope. An election commission member may not open the filled out ballot paper(s) or otherwise violate the secrecy of voting;

e) not more than 1 voter at a time shall be allowed at a ballot box;

f) a commission member supervising a ballot box and special envelopes shall be permanently present by the ballot box. He/she shall keep closed the ballot box opening for inserting envelopes and shall open it only after making sure that a voter has only one envelope in hand;

g) after the end of the election, the ballot box opening for inserting envelopes shall be sealed.

21. If the verification under paragraph (2)(b) of this article confirms that the registration data (except for a photo) contained in the presented document(s) correspond to the data contained in the list of voters, but the registrar of voters considers that the face of the voter does not match the photo in the presented document or the photo in the list of voters, the registrar of voters shall apply to the PEC chairperson. The PEC chairperson shall allow the voter to vote after performing the procedure specified in paragraph 22 of this article.

22. If the PEC chairperson:

a) confirms inconsistency defined in paragraph 21 of this article, the PEC secretary shall make a record in the log-book, on a specially designated page, specifying the fact of inconsistency, the voter's name, last name and serial number in the list of voters. That record shall be certified by the signatures of a PEC chairperson and a PEC secretary. The PEC secretary shall attach the photocopy of the document presented by the voter to the log-book, and certify it with his/her signature;

b) does not confirm the inconsistency defined in the paragraph 21 of this article but the registrar of voters, who detected the inconsistency, does not agree with him/her, the registrar of voters shall record and certify with signature his/her special opinion in the log-book, on a specially designated page, after which the PEC secretary shall add to that record the voter's name, surname and the serial number in the list of voters and certify the record with his/her signature. The PEC secretary shall attach the photocopy of the document presented by the voter to the logbook, and certify it with his/her signature.

3. It is restricted for any other person to be present at the moment of filling out a ballot paper. A voter who is unable to fill out a ballot paper independently may ask any person for help in the secret polling booth except for:

a) a member of an election commission;

b) a candidate;

c) a representative of an electoral subject;

d) an observer;

e) representatives of press and other media.

4. If a voter or a PEC member spoils a ballot paper or a special envelope, he/she shall inform the PEC chairperson thereof, re-submit the spoiled ballot paper/special envelope, and get a new one. A corner of the spoiled ballot paper/special envelope shall be cut off in the presence of a voter, the word ’spoiled‘ shall be written thereon, and then the spoiled ballot paper/special envelope shall be signed by the PEC chairperson and stored separately.

5. Members of a PEC and persons authorised to be present at a polling place may require a voter, before he/she goes into the polling booth and places the ballot paper(s) into a special envelope, to show them that he/she has the exact number of ballot papers and special envelopes in hand as defined by this Law. A voter shall be obliged to comply with this requirement.

6. A PEC secretary shall, on the polling day, count the number of signatures of voters in the list of voters twice, at 12:00 and at 17:00, and record the number of signatures of voters in the PEC demonstration protocol and log-book.

7. If the seal integrity of a ballot box is lost during elections, a PEC shall stop the voting process and shall decide by ordinance whether or not to re-seal the ballot box and resume polling.

8. A polling place shall be closed at 20:00. Voters standing in the line by that time may vote. For this purpose, one of the election commission members shall, by order of the PEC chairperson, register the first and last names of voters waiting in the line and inform the PEC chairperson about the number thereof, while the commission secretary shall enter the number of voters standing in the line into the log-book. The PEC chairperson shall announce that only voters standing in the line have the right to vote.

9. After closing a polling place, authorised persons of a PEC set up for exceptional cases shall take the ballot box and electoral documents of an electoral precinct established for exceptional cases to a polling place pre-designated by a DEC.

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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 3269 of 21 July 2018 – website, 27.7.2018

 

Article 66 – Mobile voting

1. The mobile voting procedure shall start at 9:00 and end at 19:00. A mobile ballot box shall be returned to an electoral precinct not later than 20:00.

2. Persons referred to in Article 33 of this Law shall have the right to cast a vote through mobile voting.

3. From 9:00 on polling day, the PEC chairperson shall provide the election commission members accompanying a mobile ballot box with the mobile ballot box list, special envelopes, and necessary number of ballot papers signed and sealed with a special seal by the registrar of voters.

4. Two members of a PEC selected by casting lots and persons authorised to be present at a polling place shall participate, at their own discretion, in polling conducted according to the location of voters.

5. If a vehicle is used during mobile voting, a PEC shall allocate space in the vehicle for 2 observers selected by casting lots from among persons authorised to be present at a polling station.

6. A voter (except persons indicated in Article 33 (1)(d) of this Law) shall cast a vote through mobile voting in case his/her actual whereabouts is assigned to the territory of an electoral precinct where he/she is registered.

7. One transparent mobile ballot box shall be used to conduct polling according to the actual whereabouts of voters. The PEC secretary shall enter into the log-book the amount of ballot papers and special envelopes delivered to the election commission members accompanying a mobile ballot box. After the end of polling, the amount of ballot papers and special envelopes in a ballot box as well as unused ones shall be summarised in order to make a comparison thereafter. After the completion of the above procedure, a corner of each unused ballot paper and special envelope shall be cut off, the word ’spoiled‘ shall be written thereon, and then it shall be signed by the PEC chairperson and stored separately. All procedures related to polling at an electoral precinct shall apply to mobile voting as well. The powers of representatives and observers shall also be identical.

8. If, during elections of municipality bodies, in cases under Article 33 of this Law, the place of registration and the actual location of a voter are assigned to the same electoral district, the voter shall have the right to participate in elections held under the proportional and majoritarian electoral systems and a respective ballot paper and special envelope shall be issued to him/her. Otherwise, a voter (except for persons indicated in Article 33(1)(d) of this Law) shall have the right to participate only in elections held under the proportional electoral system.

9. Polling procedures referred to in paragraph 8 of this article shall be conducted by the PEC on the territory where there is a military unit, a hospital or other inpatient facility or a penitentiary establishment, in which a voter is located.

10. After the end of polling, the mobile ballot box opening shall be sealed so that it cannot be opened without damaging the seal.

11. Polling procedure through mobile voting may not take place for the voters staying abroad on polling day.

Organic Law of Georgia No 1273 of 20 September 2013 – website, 2.10.2013

Organic Law of Georgia No 5441 of 22 June 2016 – website, 12.7.2016

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

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 67 – Procedures to be conducted before opening ballot boxes

1. After the end of polling, a PEC chairperson shall select by lot at least 3 counting officers under Article 61(2)(c) of this Law, while observers shall select from within their members not more than 2 supervisors by mutual agreement (if observers fail to come to an agreement, the PEC chairperson shall select 2 supervisors from among the observers by lot).

2. The commission chairperson shall select by casting lots not more than 2 representatives from among the representatives present at an electoral precinct who shall participate in the process of counting valid and/or invalid ballot papers, together with the counting officers selected from among the commission members by casting lots. Moreover, representatives of the electoral subjects who are at the same time the counting officers selected by casting lots from among the commission members appointed by the same electoral subjects shall not participate in casting lots for above-mentioned representatives.

3. Counting officers shall sequentially count the total number of voters participating in polling by unified, special, and mobile ballot box lists of voters. The PEC secretary shall immediately incorporate the results into a demonstration protocol and a polling day log-book, and then wrap and seal separately the unified, special, and mobile ballot box lists of voters.

4. The commission secretary shall cut an edge off any unused ballot paper. Unused and spoiled ballot papers shall be bound in separate packages. Each package shall specify the name and number of an electoral precinct, and the type of ballot paper.

5. Packages shall be sealed and signed by counting officers and the PEC chairperson.

51. Upon the completion of the above procedures, the PEC secretary shall record the number of cases defined in Article 65(22), the number of documents attached to the log-book and shall enter the relevant data into the log-book. Then the secretary shall pack and seal the documents, indicate the number of the electoral precinct, the type of the document and sign the sealed package.

6. Polling procedures at an electoral precinct set up in exceptional cases shall be conducted according to the general procedures. After the end of polling, a PEC established in exceptional cases shall seal the ballot box opening, list of voters, and unused and spoiled ballot papers. The ballot box, list of voters, and sealed unused and spoiled ballot papers shall immediately be submitted to an electoral precinct (main electoral precinct) pre-designated by ordinance of a DEC.

7. The main electoral precinct shall open the ballot box of an electoral precinct established in exceptional cases defined in paragraph 8 of this article, and shall mix special envelopes and ballot papers from that box with the special envelopes and ballot papers available at the main electoral precinct.

8. A ballot box of an electoral precinct established in exceptional cases shall be opened after mobile and main ballot boxes of the main electoral precinct are opened. The results of the main electoral precinct and the electoral precinct established in exceptional cases shall be recorded in one summary protocol.

Organic Law of Georgia No 6571 of 28 June 2012 – website, 28.6.2012

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

 

Article 68 – Opening of ballot boxes

1. The PEC chairperson shall check the seal integrity on a ballot box in the presence of PEC members and persons authorised to be present at a polling place.

2. If the seal integrity is lost but a PEC considers that this has not led to violation of the requirements of this Law, the procedure of summarising results shall be resumed under a PEC ordinance. Otherwise, a ballot box shall be sealed and the PEC ordinance and the sealed ballot box shall immediately be submitted to the higher DEC.

3. Counting officers shall move ballot boxes to a desk standing separately and take their places on opposite sides so as to maintain two meters’ distance between PEC members and persons authorised to be present at the polling station. Two supervisors and two representatives selected from among the observers shall stand next to counting officers.

4. A PEC shall first open mobile ballot boxes. Counting officers shall take special envelopes from the mobile ballot box and place them on the desk, check whether there is a control sheet in the mobile ballot box and compare it with the control sheet kept with the PEC for comparison. If any difference between the two control sheets is identified or if the control sheet is missing in the mobile ballot box, all special envelopes and ballot papers shall be bundled in one package and labelled ’invalid‘ and then submitted to the higher DEC after the polling and vote counting procedures are completed at the electoral precinct. After this procedure, counting officers shall open the main ballot box.

5. Counting officers shall take special envelopes and ballot papers from the main ballot box and place them on a separate desk, check whether there is a control sheet in the main ballot box and compare it with the control sheet kept by the PEC chairperson for comparison. If any difference between the two control sheets is identified or the control sheet is missing in the main ballot box, all special envelopes and ballot papers shall be bundled in one package and sealed. A respective protocol shall be drawn up and immediately submitted to the higher DEC. If violations do not occur, counting officers shall mix special envelopes from the main and mobile ballot boxes and start counting ballot papers.

 

Article 69 – Counting of votes

1. A PEC shall count ballot papers in compliance with the following procedure:

a) the first counting officer shall take a ballot paper out of a special envelope, announce for whom the vote has been cast and transfer one type of ballot paper to the second counting officer, another type of ballot paper to the third counting officer, etc., while he/she shall place special envelopes separately. Counting officers shall sort ballot papers separately by the votes given to each electoral subject;

b) unidentified type of ballot papers and ballot papers deemed by counting officers invalid shall be placed separately from ballot papers raising doubt about their validity.

2. One of supervisors selected from among observers shall stand next to the second counting officer as referred to in paragraph 1(a) of this article, and another supervisor shall stand next to the third counting officer as referred to in the same subparagraph. Supervisors shall have the right to observe the entire procedure of counting votes, make remarks on errors, require rectification of errors, and unless the requirement is met, appeal the PEC action to the higher DEC, and thereafter in court. Persons authorised to be present at a polling station may require the counting officer to put aside any ballot paper raising doubt about its validity.

3. A standard ballot paper shall be deemed invalid only in the following cases:

a) the ballot paper is not endorsed by the signature and special seal of a registrar of voters;

b) it is impossible to determine for which electoral subject a voter cast a vote;

c) the number of ballot papers in a special envelope exceeds the number required;

d) the special envelope does not comply with the sample;

e) the ballot paper in a ballot box is without a special envelope;

f) the ballot paper was intended for another electoral precinct.

4. Any corrections, changes, or amendments to a ballot paper after a voter casts a vote shall give rise to liability under the legislation of Georgia.

5. Ballot papers raising doubt about their validity shall be verified after all ballot papers are sorted into different categories. A PEC shall decide by voting whether each ballot paper is valid. Ballot papers that are deemed valid shall be added to the pile of valid ballot papers, while ballot papers that are deemed invalid shall be added to the pile of invalid ballot papers.

6. After the procedure referred to in paragraph 5 of this article, the ballot papers that have been determined to be invalid shall be counted and labelled ’invalid’. Such ballot papers shall be bundled in a package and signed by counting officers and the PEC chairperson, and the PEC secretary shall immediately enter the quantity thereof in the demonstration protocol and the log-book. Valid ballot papers intended for another electoral precinct shall be packed in a separate bundle and the quantity thereof shall be entered only in the log-book.

7. Each package of ballot papers shall be packed and sealed in an envelope of appropriate size. The number of the electoral precinct and the type and quantity of ballot papers contained therein shall be specified on each package.

8. After the procedure referred to in paragraph 7 of this article, the number of votes cast for each electoral subject shall be counted and ballot papers shall be packed according to the procedure referred to in paragraph 9 of this article. The bundle of ballot papers belonging to each electoral subject shall separately be wrapped and sealed. The number of votes obtained by each electoral subject shall immediately be recorded by the PEC secretary in the demonstration protocol and the log-book.

9. Every 10 ballot papers shall be bound with metal clips and each package, either complete or incomplete, shall specify on the top of the package the quantity of ballot papers in the package. The packages shall be bound in a single bundle. The bundles shall specify on the top of the bundle the name and the number of an electoral precinct, the information about an electoral subject(s) (name, first and last names), the number of votes received by an electoral subject(s), and the number of ballot papers in the bundle.

 

Article 70 – Summary protocols of polling and election results

1. Polling and elections results shall be entered in summary protocols of polling and election results of the CEC, DECs, and PECs.

2. A summary protocol is an individual administrative-legal act evidencing the polling and election results. A summary protocol and its copy, certified as defined by this Law, shall have equal legal force.

3. It is prohibited to modify data in a summary protocol. The higher election commission shall consider whether a summary protocol is void. Modification of any summary protocol data shall give rise to liability of the respective election commission chairperson and secretary as defined by this Law.

4. If any mistake is made during filling out a summary protocol, in order to correct it, an inscription ‘corrected’ shall immediately be put alongside the respective data in a summary protocol. An election commission shall draw up an amendment protocol that shall specify the amended data entered into a summary protocol and the date and time of drawing up the protocol. All members of an election commission attending the election commission session shall sign the amendment protocol. A commission seal shall be put on the amendment protocol, the amendment protocol shall be registered in the log-book, and shall be attached to the summary protocol in which data were amended.

5. Each type of summary protocols (summary protocols of PEC polling results and summary protocols of DEC polling and election results) shall be assigned individual numbers that shall not be reiterated.

6. Summary protocols shall be registered accurately. The CEC shall ensure the printing of summary protocols. Summary protocols shall be printed under the constant supervision of observers and persons authorised by the CEC. The person printing summary protocols shall be solely responsible for exact compliance of the number of printed protocols transferred to the CEC with that of ordered protocols in order to prevent printing and dissemination of an excess number of protocols.

7. An election commission chairperson shall be responsible for keeping the protocols in the election commission and for distributing them as required.

8. A DEC shall provide a PEC with each type of summary protocol of polling results at an electoral precinct.

9. Summary protocols shall be printed on paper with protective markings that can only be ordered and purchased by the CEC.

10. Summary protocols shall be printed in the Georgian language, while in Abkhazia they shall be printed in the Abkhazian language, and for electoral districts for which ballot papers have been printed in a different language understandable to the local population, summary protocols shall be printed in the corresponding language.

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

 

Article 71 – Drawing up summary protocols of polling results by PECs

1. Upon determination of all data referred to in paragraph 3 of this article, the PEC secretary shall, in agreement with the PEC chairperson and according to all available information, draw up each type of summary protocol of polling results.

2. One summary protocol shall be drawn up during elections of the Parliament of Georgia, and two summary protocols shall be drawn up during elections of the municipality representative body Sakrebulo. One protocol shall be prepared according to the results of the elections held under the proportional electoral system, and the other one shall be prepared according to the results of the elections held under the majoritarian electoral system. One summary protocol shall be drawn up during elections of the Mayor of a self-governing city (including Tbilisi)/a self-governing community and during by-elections.

3. A summary protocol of polling results shall specify the following:

a) the number and the name of an electoral district, the number of an electoral precinct;

b) the number of an electoral precinct set up in exceptional cases (if any) that is attached to the main electoral precinct;

c) the name of elections/referenda, voting system (proportional, majoritarian);

d) the polling date (it shall also specify if it is a repeat voting or the second round of elections);

e) the numbers of seals of PECs and registrars of voters;

f) the number of voters in a unified list;

g) the number of voters in a special list;

h) the number of signatures of voters participating in elections in the list of voters at 12:00 and 17:00;

i) the total number of voters participating in elections (according to signatures in the lists of voters);

j) the number of received ballot papers;

k) the number of invalid ballot papers;

l) the name of electoral subjects, the number of votes cast therefore;

m) the date and time of drawing up of the protocol;

n) the protocol data, with which a PEC member disagrees (a commission member shall make this note in the column ‘dissenting opinion’ and shall sign it).

4. All PEC members shall be obliged to sign a summary protocol of polling results, thus evidencing their presence at an electoral precinct. The protocol shall be endorsed by the PEC seal.

5. If a PEC member does not agree with the data entered in a PEC summary protocol of polling results, he/she shall have the right to attach his/her dissenting opinion to the protocol in writing.

6. If a PEC member expresses a dissenting opinion, he/she is obliged to sign a summary protocol of polling results in the relevant section designated for the commission member’s signature.

7. A summary protocol of polling results (attached with dissenting opinions of PEC members), together with a sealed package of ballot papers and lists of voters, shall immediately be submitted to the higher DEC, and the higher DEC shall submit the same protocol, together with the DEC summary protocol, to the CEC.

8. A PEC shall be responsible for posting a photocopy of a summary protocol of polling results for public review. A PEC shall, if requested, immediately give a photocopy of the protocol (attached with dissenting opinions of commission members) to representatives of a party/an initiative group of voters or to a PEC member appointed by a party and to observers from an observer organisation. The photocopy of a protocol shall be certified by the PEC seal and signatures of the PEC chairperson and secretary (these protocols shall have the same legal force as PEC summary protocols for polling results). The above-mentioned persons shall endorse the receipt of a photocopy of the protocol by signing in the PEC log-book.

9. From the day following the polling day, a DEC shall issue photocopies of summary protocols for polling results. The photocopies shall be endorsed by signatures of the DEC chairperson and secretary and by the DEC seal (those protocols shall have the same legal force as PEC summary protocols for polling results). Any representative/observer shall endorse the receipt of a photocopy of the protocol by signing in the DEC log-book.

10. Failure to issue a summary protocol of polling results, if requested as defined by this Law, shall give rise to the liability of authorised persons of a commission as defined by this Law.

11. A summary protocol of polling results, together with lists of voters and signatures of the voters participating in polling, shall be delivered to a DEC. A DEC, on the other hand, shall deliver the same lists to the CEC that shall sort and archive them.

12. After the completion of all polling procedures, the registration book of a PEC shall be closed, signed by the PEC chairperson and secretary, and endorsed by a PEC seal.

13. A PEC seal shall be sealed in a separate package. The package shall be signed by the PEC chairperson, its secretary, and other PEC members.

14. It is the duty of a PEC to submit immediately a photocopy of a summary protocol of polling results, upon filling it out, to the CEC through all technical means available (including fax, where possible).

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

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 3266 of 21 July 2018 – website, 13.8.2018

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 72 – Procedures for drawing up and submitting applications/complaints on polling day

1. An application/complaint shall be delivered to the PEC chairperson, his/her deputy, or the secretary of the commission. The commission secretary shall register the application/complaint in the log-book and send a notice (signed by the secretary) to the applicant/complainant specifying the date, time, and registration number of the application/complaint submitted to the commission.

2. An application/complaint shall include:

a) the date and time of drawing up the application/complaint;

b) the first name, last name, and place of registration of the applicant/complainant;

c) the number of the electoral precinct;

d) if there is a witness – his/her first name, last name, and place of registration;

e) the essence and time of the violation;

f) if an offender is identified – all possible data obtained about him/her;

g) an explanation by the offender (if any);

h) other additional information.

3. The PEC chairperson shall immediately respond to the application/complaint and eliminate any existing violation. If the PEC chairperson fails to eliminate the violation, or otherwise refuses to respond to the application/complaint, an observer/representative of an electoral subject or another observer of the same observer organisation/another representative of the electoral subject shall have the right to immediately appeal the above violation to the respective DEC.

4. If the violation specified in the application/complaint is eliminated, the following record – ‘violation eliminated’ shall be entered in the log-book and the exact time shall be specified therein.

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

 

Article 73 – Applications and complaints about violation of polling and vote counting procedures

1. An application/complaint about a violation of polling procedure in an electoral precinct shall be drafted immediately upon identifying any violation of this Law as defined by Article 72 of this Law, from 7:00 until a ballot box is opened on polling day.

2. An application/complaint about violations that occurred during the procedure of counting votes or summarising polling results and requesting a revision or annulment of polling results shall be drawn up within the period from opening a ballot box until drafting a summary protocol of polling results as defined by Article 72 of this Law.

3. A PEC secretary shall register the application/complaint referred to in paragraph 2 of this article in a log-book. The PEC/PEC chairperson shall immediately respond appropriately to the application/complaint and eliminate any existing violation. If the PEC and/or the PEC chairperson fail to eliminate the violation, or otherwise refuse to respond to the application/complaint, an observer/representative of an electoral subject or another observer of the same observer organisation/another representative of the electoral subject shall have the right to appeal the action of the PEC/PEC chairperson to the respective DEC within 2 days. The DEC shall review the application/complaint within two days after it is received.

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

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

 

Article 74 – Consideration of applications/complaints about counting votes and summarising polling results

1. A DEC secretary shall, upon the receipt of an application/complaint referred to in Article 73 of this Law, register the application/complaint in the DEC registration book. The commission shall consider the application/complaint and make a decision within two days after its registration with the DEC. The DEC shall deliver a decision by issuing an ordinance that may be appealed only in court under this Law.

2. If the procedure for submission of information referred to in Article 72(2)(a-d) of this Law is not met, the respective official who is in charge of receiving applications/complaints in an election commission shall identify the omission for the applicant/complainant and define a reasonable term for its rectification. The commission secretary shall make a respective note thereof in the commission registration book. The note shall be signed by the applicant/complainant and the respective official of the commission. Unless the omission is rectified within the period defined, the respective election commission shall apply the procedure referred to in paragraph 5 of this article.

3. The applicant/complainant shall have the right to rectify any omission within the period established by an authorised official of the election commission by submitting a similar application/complaint about the violation where the grounds for the omission shall be eliminated and/or the applicant shall submit an application specifying the data of the determined omission.

4. If the omission is rectified, a respective note shall be made in the registration book of the election commission specifying the exact time and date of rectification, and it shall be signed by the person rectifying the omission and the respective official of the commission.

5. An application/complaint submitted in violation of the procedures defined in Articles 72 and 73 of this Law and paragraphs 3 and 4 of this article shall not be reviewed and the chairperson of a respective election commission shall issue a decree to dismiss the application/complaint without prejudice.

6. The summary protocol of the PEC polling results and the PEC polling results shall be appealed under the procedure established by Article 77(2) of this Law.

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

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 75 – Summarisation of polling and election results in DECs

1. Based on the summary protocols of PECs, and taking into account the results of the examination of the violations of the electoral legislation of Georgia, a DEC shall, not later than the 11th day after polling day, summarise the results of a referendum, elections of the Parliament of Georgia, elections of the municipality representative body Sakrebulo, and of the Mayor. It shall prepare the results of the Parliamentary elections of Georgia, elections of the municipality representative body Sakrebulo and of the Mayor, and shall draw up summary protocols of each type for polling and election results held in an electoral district. The DEC shall forward the protocols to the CEC not later than the following day.

2. A summary protocol of the DEC polling/election results shall include the following:

a) the number and name of the electoral district;

b) the name of the election/referendum, voting system (proportional, majoritarian);

c) the polling date (it shall also specify if it is a repeat voting or a second round of election);

d) the number of voters in the electoral district;

e) the number of voters in the electoral district participating in the election;

f) the number of received ballot papers;

g) the number of invalid ballot papers;

h) the names of electoral subjects, and the number of votes cast for electoral subjects;

i) the number of valid ballot papers (the total number of votes cast for all electoral subjects);

j) the identifying number of the electoral precinct where polling results were annulled, the total number of voters in the same precinct and the basis for annulment of polling results;

k) the number of ballot papers issued to the electoral precincts where polling results were annulled;

l) the date and time of drawing up a protocol;

m) the protocol data with which a DEC member disagrees (this note shall be made and signed by the commission member in the box ‘dissenting opinion’);

n) the data enumerated in a summary protocol of election results in this paragraph, as well as the names of the person(s) elected, the names of persons advanced to the second round, and the name of the person elected in the second round.

3. If a DEC annuls polling results of any electoral precinct(s) and if the total number of voters in this precinct(s) is such that a repeat voting shall not affect the identification of person(s) elected or person(s) moved to the second round, the DEC shall determine who is the person elected or who is the person(s) moved to the second round without taking into account the results from that precinct(s).

4. All DEC members attending the commission session shall be obliged to sign a summary protocol of polling/election results. The protocol shall be endorsed by the DEC seal.

5. If a DEC member disagrees with the data included in a summary protocol, he/she may specify in the protocol with what he/she disagrees, and may attach a written dissenting opinion to the protocol. In the case of dissenting opinion, the member of the District Election Commission is obliged to sign the summary protocol of the polling results in the appropriate section designated for the signature of the member of the commission.

6. The DEC secretary shall include the data referred to in this article, upon determination, in the demonstration protocol posted at a visible and accessible place in the DEC.

7. A DEC summary protocol of polling/election results (attached with dissenting opinions of DEC members), as well as DEC ordinances about amending PEC summary protocols (if such amendments have been made) shall immediately be submitted to the CEC.

8. A photocopy of a DEC summary protocol (attached with dissenting opinions of DEC members) shall, upon request, immediately be submitted to representatives of a party/an initiative group of voters and to observers from an observer organisation. The photocopy of the protocol shall be endorsed by the DEC seal and the signatures of the DEC chairperson and secretary (those protocols shall have the same legal force as DEC summary protocols). The representative/observer shall confirm the receipt of a photocopy of the protocol by signing in the log-book.

9. If a certified copy of a summary protocol that is requested as defined by this Law is not issued, it shall give rise to liability of the commission chairperson and secretary under the legislation of Georgia.

10. Within seven days after polling results are summarised, the DEC secretary shall open the sealed log-books of PECs, make photocopies of the pages of the log-book that contain records provided for in Article 65(22) and 67(51) of this Law (after this procedure the log-book must be sealed again), certify the records with his/her signature and transfer them together with relevant sealed documents (photocopies of ID cards and passports) to the CEC.

11.When conducting the procedures defined in paragraph 10 of this article, the DEC secretary shall, within the same time frame, make photocopies of the log-book pages that contain records provided for in Article 61(2)(a) of this Law, certify the records with the signature and commission seal and, if needed, forward them to the CEC.

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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 3266 of 21 July 2018 – website, 13.8.2018

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 76 – Summarisation of election results at the CEC

1. The CEC shall, based on protocols received from DECs and PECs, and not later than the 19th day after polling day, summarise at its meetings the results of elections of the Parliament of Georgia, elections of the Mayor of Tbilisi and Sakrebulo of Tbilisi, and shall prepare a summary protocol thereon.

2. The CEC shall summarize election results and draw up a summary protocol of election results specifying the following:

a) the number of voters;

b) the number of voters participating in the election;

c) the number of ballot papers deemed invalid;

d) the number of votes cast for electoral subjects;

e) the name(s) of the person(s) elected;

f) the data as per the relevant Articles of this law.

3. A summary protocol of election results shall be signed by the CEC Chairperson and the CEC Secretary. The protocol shall be kept with the CEC, and certified copiesthereof shall be given to the authorities defined by this Law and to all persons concerned.

4. The CEC shall ensure the posting of summary protocols of polling results on the CEC website at the same time when summary protocols from electoral precincts are received. The Electoral Administration officers shall be prohibited to make announcements about preliminary results of elections, unless the results are duly published on the CEC website.

5. It is prohibited to summarize election results by the CEC until election disputes pending in the courts of common jurisdiction are resolved, without giving full consideration to the court decisions.

6. In the case of any application/complaint and/or dissenting opinion of any CEC member, the CEC may summarize election results based on PEC summary protocols.

7. Upon summarising the final results of elections, the CEC shall post information about election results on its website and give it to the Legislative Herald of Georgia that shall publish it in two days’ time.

8. The CEC shall make the protocols referred to in Article 71(14) of this Law public, as well as shall ensure the immediate publication thereof on the CEC website. At the same time, if electoral precinct results have been appealed to the court as defined by the legislation of Georgia, the CEC shall be obliged to make proper note thereof in the respective protocol published on the website immediately after the official notification.

9. In any elections, after receiving from DECs the documents defined in Article 75(10) of this Law, the CEC shall process the documents within 40 days after polling day and draw up a separate document for each case: each document shall contain a certified copy of the respective page of the log-book and the attached relevant documents. The materials shall be transferred to the Agency not later than the 45th day after polling day. The agency shall study the materials in order to verify the identity of the persons in question. If the verification reveals that a person participated or attempted to participate in the elections with counterfeit or other person's documents, the person shall be held liable under Article 1642 of the Criminal Code of Georgia.

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 761 – Time frames and measures required for the second round of elections

1. Voters participating in the second round of elections shall vote according to the lists of voters in the first round, which shall be amended only taking into account the following requirements:

a) according to the data provided to the CEC by the Agency on the citizens of Georgia who have attained 18 years after the first round or on the day of the second round, as well as on the basis of information on the deceased in the same period;

b) not later than the 3rd day before the second round of elections, the District Election Commission shall establish a special list of persons specified in Article 32 (1)(a) of this Law, taking into account the data on PEC members who have the right to vote;

c) for the second round of elections special lists shall be used, which meet the requirements set forth in Article 32 of this Law on the day of the second round;

d) not later than the second day before the second round of elections, 2 copies of the final version of the revised voter lists (unified and special lists) (for the election commission and public versions) approved by the CEC shall be handed over to the Precinct Election Commission. The secretary of the Precinct Election Commission shall immediately post the version of the voter list for the public information in a visible place in the building of the Precinct Election Commission (polling station);

e) in the case of inability to arrive at the polling station on the day of the second round of elections, a voter shall apply to the Precinct Election Commission not later than 2 days before the polling day with a request to vote through a mobile ballot box. Not later than the 2nd day before the second round, the Precinct Election Commission shall establish a list of mobile ballot boxes.

2. Not later than the 3rd day before the second round of elections, the District Election Commission shall draw up a special list.

3.The term of office of the temporary members of the relevant District Election Commission shall be extended including the day the CEC publishes the summary protocol of the results of the second round of elections.

4. In the case of early termination of the term of office of a member of the relevant District Election Commission, his/her successor may be elected/appointed in accordance with the rules established by the election legislation of Georgia.

5. The authority of relevant Precinct Election Commissions for the second round of elections shall be exercised by the relevant Precinct Election Commissions established for the first round, unless the CEC decides otherwise.

6. The term of office of the members of the Precinct Election Commissions provided for in paragraph 5 of this article shall be calculated from the day of calling the second round of elections, including the day of drawing up the summary protocol of the District Election Commission.

7. In the case of early termination of the term of office of a member of the Precinct Election Commission appointed by a political party, the relevant party shall have the right to appoint a member of the commission within 2 days after receiving the notification of the District Election Commission. The District Election Commission shall immediately notify the relevant political party of the early termination of the commission member's term of office.

8. If the political party does not exercise the right granted by the same paragraph within the term established by paragraph 7 of this article, the District Election Commission is authorised, if necessary, to elect a member(s) of the Precinct Election Commission in accordance with the procedures provided for by paragraph 9 of this article.

9. In the case of early termination of the term of office of a PEC member elected by the District Election Commission, as well as, if necessary, in order to fill up to 12 members, the District Election Commission shall be authorised to announce a competition within 1 day in accordance with the rules and conditions established by the election legislation of Georgia, and to elect a member(s) of the Precinct Election Commission the next day after the deadline for submission of such documents.

10. It shall be prohibited to challenge a member of the Precinct Election Commission during the last 4 days before the polling day of the second round of elections, on the polling day and the day following the polling day.

11. The term of office of the representatives of the electoral subjects participating in the second round of elections shall be extended until the deadlines for appealing the results of the second round expire.

12. The electoral subjects defined by this article may appoint and/or replace the representatives in accordance with the rules established by this Law.

13. The term of office of observer organisations and observers registered with the CEC and the relevant District Election Commission shall be extended until the deadline for appealing the results of the second round of elections expires.

14. Representatives of media organisations accredited by the CEC and the relevant District Election Commission shall have their accreditation period extended until the day of announcing the final results of the second round of elections.

15. The observer organisations defined in this article shall have the right to submit new/additional lists of observers to the secretaries of the Relevant Election Commissions not later than the 5th day before the second round.

16. Registered media organisations shall have the right to submit additional lists for accreditation of media representatives to the secretaries of the relevant election commissions not later than the 5th day before the second round, in accordance with the rules established by this Law.

17. In order to participate in the process of counting real and/or invalid ballot papers together with the counting officers, the casting of lots determined by Article 67(2) of this Law shall not be held and the representatives of the electoral subjects participating in the second round of elections shall be automatically entitled to participate in the procedure.

18. In order to comply with the rules set forth in paragraph 17 of this article, to identify at least 3 counters specified in Article 67(1) of this Law and to fulfil the requirement of the second sentence of paragraph 2 of the same article, a member of a Precinct Election Commission appointed by a political party shall not participate in the casting of lots held by the Precinct Election Commission, whose representative was automatically granted the right to participate in the procedure referred to in paragraph 1 of this article.

19. The second round of elections shall be held on the third Saturday after the elections. The second round shall be appointed by the CEC by a decree.

20. If one of the electoral subjects participating in the second round of elections loses the passive suffrage, the second round shall not be held and the CEC shall declare the second electoral subject as the winner.

21. Tariffs for the first round of elections shall apply to the placement of pre-election advertisement. Changing the relevant tariff shall be allowed not later than the 10th day after the end of the first round. The new tariffs shall be sent to the Georgian National Communications Commission for publication on the website. Such tariffs shall become effective upon publication. The pre-election advertisements shall be broadcast by the broadcasters from the next Monday of the day of the appointment of the second round.

22. In the electoral district(s) where the second round of elections is held, free airtime shall be distributed among the electoral subjects participating in the second round in the proportion in which such electoral subjects are represented for participation in the second round in the respective electoral district(s).

23. If necessary, the CEC shall be authorised by a resolution to determine other additional measures and deadlines required for the second round.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

Chapter IX – Electoral Dispute Resolution

 

Article 77 – Term and procedure for appeal

1. Violation of the electoral legislation of Georgia may be appealed to the respective election commission. The decision of an election commission may be appealed only to a higher election commission or to the court under the procedure and within the time frames as defined in this Law, unless otherwise provided for hereby.

2. A decision of a PEC/the head of a PEC may be appealed to a respective DEC within 2 calendar days after the decision is made. The DEC shall review the appeal within 2 calendar days. The decision of the DEC may be appealed to a respective district/city court within 2 calendar days. The district/city court shall consider the appeal within 2 calendar days. The decision of the district/city court may be appealed to the Court of Appeals within 1 calendar day after the decision is made. The Court of Appeals shall review the appeal within 1 calendar day. The decision of the Court of Appeals shall be final and may not be appealed.

3. If a DEC decision is appealed to the CEC based on the appeal of a PEC decision, an application/complaint shall not be considered.

4. Decisions of DEC/DEC head officers may be appealed to the CEC within one calendar day after decisions are made. The CEC shall examine the appeal within one calendar day. The decision of the CEC may be appealed to the Tbilisi City Court within one calendar day after its delivery. The Tbilisi City Court shall examine the appeal within two calendar days. The decision of the Tbilisi City Court may be appealed to the Court of Appeals within one calendar day after the decision is delivered. The Court of Appeals shall deliver its decision within one calendar day after filing the appeal. The decision of the Court of Appeals shall be final and may not subject to appeal.

5. A decision of the CEC/CEC head officers may be appealed to the Tbilisi City Court within two calendar days after the decision is delivered. The Tbilisi City Court shall examine the appeal within two calendar days. The decision of the Tbilisi City Court may be appealed to the Court of Appeals within two calendar days after the decision is delivered. The Court of Appeals shall deliver its decision within two calendar days after filing the appeal. The decision of the Court of Appeals shall be final and may not subject to appeal.

51. (Deleted – 12.6.2015, No 3695).

52. During the election/referendum period, decisions of the CEC and/or its tender commissions may be appealed within 2 calendar days after they are made to the state procurement-related Disputes Resolution Board of the State Procurement Agency, which will consider a complaint and will make an appropriate decision within 2 calendar days after the complaint is received. Decisions of the Dispute Resolution Board regarding the actions/decisions of the CEC and/or its tender commissions may be appealed to Tbilisi City Court within 2 calendar days after the decisions are made. Tbilisi City Court shall consider a claim and make an appropriate decision within 2 calendar days. The decision of Tbilisi City Court may be appealed to the Court of Appeals within 2 calendar days after the decision is made. The Court of Appeals shall consider a claim within 1 calendar day after it is received. The decision of the Court of Appeals shall be final and may not be appealed.

6. If a lawsuit/complaint is lodged with the court, the court shall immediately inform a DEC/CEC about receipt of the lawsuit/complaint and about the decision once it is delivered. The decision of the District/City Court shall be given to parties before 12:00 on the following day.

7. If a party fails to appear at the court hearing, the court shall deliver its decision based on an inquiry into case materials and according to the provisions of Articles 4, 17, and 19 of the Administrative Procedures Code of Georgia.

8. An application/lawsuit/complaint shall be considered to be lodged with an election commission/court from the moment it is registered with the respective election commission/court.

9. Lodging of an application/lawsuit/complaint with the election commission/court shall not suspend the validity of the appealed decision.

10. It is prohibited to extend timeframes for appeal and dispute resolution as determined in this article, unless otherwise defined by this Law.

101) An application/complaint shall be dismissed if the time limit and procedure for submitting it has been violated.

11. An application/lawsuit/complaint, as referred to in Article 78 of this Law, submitted to the election commission/court concerning election disputes by the persons other than those specified in the same Article, shall not be considered.

12. The legislation of Georgia shall determine the timeframes and procedures for appealing election commission decisions and violations of the electoral legislation of Georgia. The legislation of Georgia shall also define the timeframe for examining an application/lawsuit/complaint and delivering a decision, as well as the group of claimants, unless otherwise defined by this Law.

13. The timeframes and procedures for appealing violations of electoral legislation during elections held within the competence of the Supreme Election Commission of an Autonomous Republic shall be determined under the procedure defined by the legislation of the Autonomous Republic.

14. Applicants/observer organisations/electoral subjects shall be informed about the time and place of consideration of the complaint by an election commission according to the requirements defined by this Law.

15. If an applicant is an observer organisation or its representative registered with an election commission, the respective observer or the observer organisation registered with the election commission shall be notified of the time and place of consideration of the complaint.

16. If the applicant is an electoral subject or its appointed representative, the appointed representative of the electoral subject, based on Article 42 of this Law, shall be notified of the time and place of the consideration of the complaint.

17. If the applicant is a member of an election commission, he/she shall be personally informed of the consideration of the complaint.

18. Parties shall be required to clearly specify the applicant’s contact number (home and/or cell phone numbers), as well as fax number and email address (if any) in the complaint.

19. Parties may be summoned to the consideration of a complaint either in writing or by telephone (including cell phone, text message), email, fax, or other technical means in order to meet the time frames for examination of complaints as defined by this Law. Summoning a party through technical means shall be confirmed by:

a) contacting the person at the telephone number specified thereby;

b) sending an e-mail, fax, or text message with acknowledgement of receipt through the relevant technical means. If such acknowledgement is received, the party shall be deemed to be summoned. The party shall also be deemed summoned if it is impossible to contact him/her through the technical means referred to in the complaint (if the cell phone, fax, computer is switched off, etc.).

191. Information about dismissing an application/complaint without prejudice shall be communicated to the party immediately upon issuance of the decree of the chairperson of an election commission, under the procedure established by paragraph 19 of this article.

20. When a party is summoned by any technical means, a report shall be drawn up and attached to the complaint submitted at a commission session.

21. The CEC report shall be drawn up and signed by an officer and the head of Legal Department of the CEC.

22. A report in a lower election commission shall be drawn up by one of the commission members by order of the commission chairperson, and shall be signed by that member and the chairperson of the commission.

23. The Electoral Administration of Georgia shall be obliged to inform a party of the time and place of examination of a case not later than three hours before the examination commences.

24. The form of a report shall be approved by the CEC ordinance.

25.The failure of a party to appear shall not be the grounds for postponing the consideration of a complaint.

26. A party attending the election commission session shall be provided, if required, before the session starts, with photocopies of investigation materials related the review of the complaint.

27. A party shall have the right to participate in the process of consideration of a complaint as defined in the electoral legislation of Georgia.

28. A decision whether or not to consider a complaint shall be made based on an accurate inquiry into and study of the evidence submitted by the parties and the materials obtained by the Electoral Administration of Georgia on its own initiative.

29. A party participating in the process of consideration of a complaint, upon request, shall be provided with the decision about the complaint (except for minutes of a commission session) not later than 12:00 of the day following adoption of the decision, taking into account the timeframes for drawing up the respective documents as defined in the legislation of Georgia.

30. A written commission decision shall be sent to a party who has failed to appear at the consideration of a complaint, notwithstanding that he/she has been summoned.

31. If a party fails to appear at a commission session during consideration of a complaint, the date of serving a written document of delivered decision upon that party shall not be basis for starting an appeal period for the commission decision.

32. An election commission shall be obliged to specify in its decision the term and place (name and address of an institution) to which the decision may be appealed.

33. Courts shall immediately communicate information to the CEC about claims/complaints filed with common courts with respect to electoral disputes. In addition, a respective court shall forward to the CEC the ruling, concerning the case to be considered, about fixing a session and the involvement of third persons. Upon receiving the ruling, the CEC shall immediately post it on its webpage. The ruling shall be considered delivered to the third persons immediately after passing 3 hours from its publication on the CEC webpage, and the third persons shall be considered summoned to appear in court.

Organic Law of Georgia No 6605 of 29 June 2012 – website, 16.7.2012

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

Organic Law of Georgia No 3695 of 12 June 2015 – website, 15.6.2015

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 78 – Electoral disputes and group of claimants

1. The provision regulating elections, and time limits and the procedure for filing a constitutional claim with and hearing it at the Constitutional Court of Georgia concerning the constitutionality of elections to be held or held on the basis of the provision shall be defined by the Organic Law of Georgia on the Constitutional Court of Georgia.

11. Persons authorised to file a claim with court, as defined in this article, shall have the right to submit an application/complaint to an election commission with respect to an electoral dispute defined in this article.

2. A representative to a respective election commission of a party/an initiative group of voters with an electoral registration, an organisation with the status of observer (during the non-election period – an organisation with the status of observer registered during the last general elections), a member of an appropriate DEC or PEC, or a citizen whose application for including him/her in the list of voters was not satisfied by the election commission, shall have the right to file a claim with the court concerning the list of voters.

3. A representative to the CEC of a party with an electoral registration, an organisation with the status of observer registered for the last general elections, and a member of the CEC shall have the right to file a claim with the court with respect to establishment of electoral districts, within the time limit determined by this Law. 

4. A representative to an appropriate DEC of a party with an electoral registration, an organisation with the status of observer registered for the last general elections, and a member of an appropriate DEC shall have the right to file a claim with the court with respect to establishment of electoral districts, within the time limit determined by this Law.

5. An individual determined by the legislation of Georgia shall have the right to file a complaint with the court concerning the appointment/election of a member of the CEC/DEC within the time frame defined by this Law.

6. A representative to an appropriate DEC of a party/an initiative group of voters with the electoral registration, an organisation with the status of observer, or a member of a respective DEC or PEC shall have the right to file a claim with the court concerning the appointment/election of a PEC member within the time limit determined by this Law.

7. A party with the electoral registration, an organisation with the status of observer, or a member of an appropriate or higher election commission, whose term of office has been prematurely terminated shall have the right to file a claim with the court with respect to the ordinance of an election commission and its chairperson on premature termination of the term of office of a member of an election commission or a head officer of an election commission, and due to the failure to adopt a decision of the premature termination of the term of office (when there is a basis under Article 29 of this Law), within the time limit determined by this Law. 

8. A member of the CEC, a representative to the CEC of a party with the electoral registration, an organisation with the status of observer, or more than half of an election commission members whose term of office has been prematurely terminated under this ordinance shall have the right to file a claim with the court due to the ordinance of the CEC on premature termination of the term of office of a subordinate election commission, and due to the failure to adopt a decision of the premature termination of the term of office.

9. The CEC shall have the right to file a complaint with the court concerning the failure to fulfil the obligations determined by Article 53(2) of this Law within 10 days after the expiration of the time provided for by the same paragraph.

10. The following entities shall have the right to file a claim with the court due to the registration of a party, an initiative group of voters, and their representatives:

a) a party, a representative of an initiative group of voters to the CEC (during elections of the Mayor of Tbilisi), if the CEC chairperson did not register the party, the initiative group of voters or their representatives, or cancelled their registration;

b) a party, a representative of an initiative group of voters to an appropriate DEC (during elections of a municipality representative body Sakrebulo and the Mayor (except for Tbilisi city)), if the DEC chairperson/secretary did not register the initiative group of voters/their representatives, or cancelled their registration;

c) a party, a representative of an initiative group of voters to the CEC (during elections of the Mayor of Tbilisi), and not less than 2 persons with the status of observer (that were appointed as observers to the CEC), if they believe that the party has been registered in violation of the requirements of the electoral legislation of Georgia;

d) a party, a representative of an initiative group of voters to an appropriate DEC (during elections of a municipality representative body Sakrebulo and the Mayor (except for Tbilisi city)), and not less than 2 persons with the status of observer (that were appointed as observers in a respective electoral district), if they believe that the initiative group of voters has been registered in violation of the requirements of the electoral legislation of Georgia.

11. The following entities may file a claim with the court due to the ordinance of an election commission chairperson on the registration of the party list submitted by a party running in elections, of individual candidates entered into the party list, of a candidate nominated in a single-seat electoral district, and of a candidate for Mayor:

a) a party running in elections, a majoritarian candidate, a representative of an initiative group of voters to an appropriate DEC (during elections of amunicipality representative body Sakrebulo), if the CEC Chairperson did not register a candidate for Mayor of Tbilisi, the party list submitted by a party, individual candidates entered into the list; and if the chairperson of a DEC did not register a party list submitted by a party, individual candidates entered into the party list, candidates nominated by a party/an initiative group of voters during Sakrebulo elections, or the candidates for Mayor nominated by a party during elections of the Mayor of a self-governing city (except for Tbilisi)/a self-governing community, and/or if the chairpersons of the above election commissions cancelled their registration;

b) a party with the electoral registration and running in elections, and at least 2 persons with the status of observer (that were appointed as observers to the CEC), if they believe that the CEC Chairperson registered a party list, individual candidates entered into the party list, and a candidate for Mayor of Tbilisi in violation of the requirements of the electoral legislation of Georgia, and  in addition, if individual candidates entered into the party list fail to meet the requirements established by the Constitution of Georgia and other legislative acts of Georgia, or these requirements were met in violation of the procedure determined by the legislation of Georgia;

c) a party with the electoral registration and running in elections, a representative of an initiative group of voters to an appropriate DEC (during elections of amunicipality representative body Sakrebulo), and at least 2 persons with the status of observer (that were appointed as observers to a DEC), if they believe that the DEC chairperson registered a party list, individual candidates nominated under the majoritarian system or entered into the party list, or candidates for Mayor of a self-governing city (except for Tbilisi city)/a self-governing community in violation of the requirements of the electoral legislation of Georgia, and in addition, if individual candidates nominated under the majoritarian system or entered into the party list fail to meet the requirements established by the Constitution of Georgia and other legislative acts of Georgia, or these requirements were met in violation of the procedure established by the legislation of Georgia.

12. The following entities shall have the right to file a claim with the court concerning the CEC ordinance for registration of domestic and international observer organisations: the aforementioned organisation if the CEC failed to register it, a party with the electoral registration, and a registered organisation with the status of observer, if they believe that the observer organisation was registered in violation of the electoral legislation of Georgia.

13. The following entities shall have the right to file a claim with the court concerning a DEC ordinance for registration of a domestic observer organisation: the aforementioned organisation if the CEC failed to register it, a representative to the DEC of a party with the electoral registration/of a registered initiative group of voters, a registered organisation with the status of observer, if they believe that the observer organisation was registered in violation of the electoral legislation of Georgia.

14. The following entities shall have the right to file a claim with the court due to the ordinance by the CEC/DEC secretary on accreditation of representatives of the press and other media: a representative of the press and other media, whose application for accreditation was not satisfied by the election commission; a party with the electoral registration/a representative of an initiative group of voters to an appropriate election commission, or an organisation with the status of observer.

15. The following entities may file a claim with the court due to the actions under Article 47(1) of this Law:

a) a party, an organisation with the status of observer, an election commission, if the claim concerns the violation of the above procedure by a party or a candidate for Mayor of Tbilisi;

b) a party, a representative of an initiative group of voters to an appropriate DEC (during elections of a municipality representative body Sakrebulo), a majoritarian candidate, a candidate for Mayor, an organisation with the status of observer, an election commission, if the claim concerns the violation of the above procedure by a candidate nominated in the electoral district.

Note: A person defined in this paragraph shall be entitled to refer to the court on his/her own regarding the issue under the same paragraph, and an application/complaint filed by him/her for submitting such a request to another authorised person shall not be subject to consideration.

16. A person determined by the legislation of Georgia shall have the right to file a complaint concerning the violation of the provisions of Article 46(3) and Article 50(1-4) of this Law by the press and other media.

161. (Deleted – 12.6.2015, No 3695).

17. If the provisions of Article 48 of this Law are violated, the following entities may file a claim with the court due to an ordinance of an election commission chairperson: a party or an initiative group of voters nominating a candidate, the candidate with regard to whom the ordinance was issued, a representative to the CEC of any other party with electoral registration, an organisation with the status of observer, a representative of an initiative group of voters to the DEC (in the case of a majoritarian candidate), unless the election commission confirms the above violation.

18. (Deleted – 25.7.2013, No 864).

19. A complaint concerning the issues referred to in the seventeenth paragraph of this article shall be filed with the respective district/city court not later than the day following polling day. The court shall deliver its decision not later than the following day after filing of the complaint. The court decision of the district/city court may be appealed to the Court of Appeals not later than the following day after delivering the decision and the Court of Appeals shall deliver its decision not later than the following day after filing of the complaint.

20. In the case of appealing a PEC summary protocol, the following entities may file a claim with the court concerning the respective ordinance of a higher DEC: a party with the electoral registration, initiative group of voters or their representative to an appropriate DEC, and an organisation with the status of observer.

21. The following entities may file a claim with the court concerning a DEC ordinance on declaring voting results valid or invalid in an electoral precinct: a party, an initiative group of voters or their representative to an appropriate DEC, a majoritarian candidate, a candidate for Mayor of a self-governing city/self-governing community, and an observer of an organisation with the status of observer at a respective DEC.

22. The following entities may file a claim with the court due to a CEC ordinance on declaring elections valid or invalid: a party running in elections, a representative of an initiative group of voters to a DEC (in the case of an electoral district), a majoritarian candidate, a candidate for Mayor of a self-governing city/self-governing community, and an organisation with the status of observer.

23. If a DEC summary protocol is appealed, the following entities may file a claim with the court due to a CEC ordinance on the appeal: a party running in elections, a representative of an initiative group of voters to a DEC, a majoritarian candidate, a Mayoral candidate of a self-governing city/self-governing community, and an organisation with the status of observer.

24. The following entities may file a claim with the court due to a CEC summary protocol of election results: a party running in elections, a candidate for Mayor of Tbilisi, a majoritarian candidate (during elections of Tbilisi municipality Sakrebulo), and an organisation with the status of observer.

Organic Law of Georgia No 6605 of 29 June 2012 – website, 16.7.2012

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 3695 of 12 June 2015 – website, 15.6.2015

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Chapter X– Penalties for Violation of Electoral Legislation

 

Article 79 – Participation in election campaigning in violation of law

Participation in election campaigning in violation of the requirements of this Law shall be subject to a penalty in the amount of GEL 2000.

 

Article 80 – Hindering dissemination of pre-election appeals and materials

1. Under this Law, hindering dissemination of, or seizure of, election appeals, statements, signboards, papers, photos, and other materials, as well as seizure of or hindering the use of motor vehicles or other means of transportation equipped with special devices designated for election campaigning shall be subject to a penalty in the amount of GEL 1000.

2. The same action conducted by officials shall be subject to a penalty in the amount of GEL 2000.

 

Article 81 – Conduct of election campaigning in institutions where such activities are prohibited

The conduct of election campaigning in institutions where such activities are prohibited by this Law and the issue of a permit for such activities by an authorised person shall be subject to a penalty in the amount of GEL 1000.

 

Article 82 – Violation of the procedures for publishing election-related public opinion poll results

The publication of the results of a public opinion poll conducted in relation to elections without the required information within the timeframe determined by law or the violation of other procedures related to publication shall result in the imposition of a penalty on the broadcaster in the amount of GEL 5 000, and on other means of media a penalty in the amount of GEL 1500.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 83 – Placement of political/pre-election advertising in violation of law

1. The violation of the requirements under this Law related to election campaigning, placement of political/pre-election advertising and transmission or publication of information shall be subject to penalty imposed on electronic media in the amount of GEL 1500, and on printed media – in the amount of GEL 500.

2. The same action repeated during one year after the imposition of an administrative penalty shall be subject to penalty imposed on electronic media in the amount of GEL 5000, and on printed media – in the amount of GEL 1500.

 

[Article 83 – Production and placement of political/pre-election advertising in violation of the requirements provided for by law

1. Violation of the requirements established by this Law regarding canvassing, production/placement of political/pre-election advertisements, except for the cases specified in paragraphs 2 and 3 of this article, shall result in imposing a penalty on the relevant political party not exceeding the amount of the tariff determined for the time of placing the advertisement, and the violation of the requirement set forth in Article 51(12) of this Law shall result in the imposition of a penalty on the relevant political party not exceeding twice the amount of the tariff established for the time of placing the advertisement. If the penalty is due to the placement of free advertising, the amount of the penalty shall be calculated in the amount of not more than double the tariff set by the relevant broadcaster for the placement of the paid advertising.

2. Violation of the requirement set forth in Article 51(13) or (14) of this Law shall result in the imposition of a penalty on the relevant broadcaster not exceeding twice the amount of the tariff established for the time of placing the advertisement. If the penalty is due to the placement of free advertising, the amount of the penalty shall be calculated at the tariff of not more than double the tariff set by the relevant broadcaster for the placement of the paid advertising. Violation of the requirement set forth in Article 50(1)(b-d) or (1 1 ) of this Law or the non-fulfilment of other obligations set forth in Article 51 of this Law shall result in the imposition of a penalty in the amount of GEL 5,000 for the relevant broadcaster.

3. Execution of automated telephone calls and sending short text messages provided for by Article 51(11) of this Law shall result in the imposition of a penalty on the relevant political party and the fixed or mobile communication network operator in the amount of not more than double the fee paid for the relevant service.

4. Violation of the requirement set forth in Article 50(2) of this Law shall result in the imposition of a penalty in the amount of GEL 1,500 for the print media. (Shall become effective upon acquiring the full authority by the Parliament elected in the Parliamentary Elections of Georgia of 26 October 2024) ]

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 84 – Liability of electoral subjects for violation of the Organic Law of Georgia on Political Associations of Citizens

1. Electoral subjects shall be liable for violating the Organic Law of Georgia on Political Associations of Citizens, and for an act that aimed to evade the statutory requirements for funding political activities.

2. The liability referred to in paragraph 1 of this article shall be imposed by the Organic Law of Georgia on Political Associations of Citizens and under procedures defined by this Law.

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

 

Article 85 – Non-compliance with the requirements set forth by law on limitation of election campaign expense and accountability

1. Failure to comply with the statutory obligation to submit a report for election campaign fund and/or submitting a report for election campaign fund with inaccurate data shall be subject to a warning or a penalty imposed on an independent candidate, in the amount of GEL 1 000, and on a political party in the amount of GEL 5 000.

2. Violation of the requirement set forth in Article 54(7) or (8) of this Law shall result in the imposition of a penalty double the amount of the excess fee.

3. Repeated conduct in the same elections of the action shall result in the imposition of a penalty in the amount of double the penalty established by the relevant paragraph, and the repeated commission of the action after the received warning, shall result in the imposition of a penalty in the amount established by the relevant paragraph.

4. The liability provided for by this article may be imposed on a person within 6 years after the commission of the relevant action.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 86 – Refusal to submit materials to the election, referendum, or plebiscite commissions or failure to comply with their decisions

A refusal to submit all required materials to election, referendum, or plebiscite commissions or the failure to comply with their decisions shall be subject to a penalty imposed on the respective officials in the amount of GEL 1000.

 

Article 87 – Altering data entered into summary protocols of polling and election results

If any alteration of the data entered into summary protocols of polling and election results is not confirmed by the correction report drawn up by the election commission concerned, the chairperson and/or secretary of the election commission shall each be penalised in the amount of GEL 500.

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

 

Article 88 – Prohibition on the use of administrative resources and the abuse of power or office during canvassing and election campaign

Any violation of the requirements of this Law in the course of using administrative resources or exercising official duties or an official capacity during canvassing and election campaign shall be subject to a penalty in amount of GEL 2000.

 

Article 89 – Failure to issue copies of summary protocols of elections, referenda, or plebiscites

Any violation of the requirements of this Law for the issue of copies of summary protocols of elections, referenda, or plebiscites shall be subject to penalty imposed on the respective election commission chairperson and/or secretary in the amount of GEL 1000.

 

Article 90 – Hindering a person authorised to be present at a polling station in making notes in the log-book

Hindering a person authorised to be present at a polling station in making notes in the log-book shall be subject to a penalty imposed on the respective persons in the amount of GEL 500.

 

Article 91 – Restriction of rights for observers, electoral subjects, and media representatives

Any restriction of the rights referred to in this Law for domestic/international observers, electoral subjects, and media representatives, or for hindering their activities shall be subject to a penalty imposed on the respective persons in the amount of GEL 500.

 

Article 911 – Interference with functions and activity of election commission

Interference with the functions and activity of an election commission –

shall carry a fine for a respective person in the amount of GEL 500.

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

 

Article 92 – Violation of duties and requirements by observers, electoral subjects, and media representatives

Any violation of the requirements referred to in Article 41(2)(b-d) of this Law by an observer, electoral subject, or media representative shall be subject to a penalty imposed on the respective persons in the amount of GEL 500.

 

Article 93 – Legal proceedings

1. The CEC Chairperson, as well as the persons authorised by the CEC and respective DECs (officials), shall draw up protocols of administrative offences referred to in Articles 79, 81 and 86-92 of this Law.

2. The GNCC shall draw up protocols of administrative offences referred to in Articles 82 and 83 of this Law, unless the preparation of the relevant protocol leads to the origination of liability of the electoral subject.

21. The Chairperson of the CEC shall draw up the protocols on the administrative offences provided for by Article 83(1)(3) of this Law (in the case of imposing a penalty on an electoral subject) on the basis of a substantiated application by the GNCC and the materials provided.

3. The State Audit Office shall draw up protocols of administrative offences referred to in Articles 84 and 85 of this Law.

4. A relevant municipal executive body or a person authorised thereof shall draw up protocols of administrative offences concerning illegal removal, tearing off, covering, or damaging of election posters, in terms of the administrative offences referred to in Article 80 of this Law.

5. In the case of administrative offences provided for by this Chapter, legal proceedings shall be conducted according to the Code of Administrative Offences of Georgia, unless otherwise defined by this Law.

6. The authorised body referred to in paragraph 1 of this article shall make a decision on drawing up a protocol on the administrative offense provided for in the same paragraph within 10 days, and the time limit for identifying/making a decision on the administrative offense by a court shall not exceed 10 days after submitting the relevant protocol to the court.

7. The authorised body specified in paragraph 2 of this article shall consider the issue of drawing up a protocol on the administrative offence provided for in the same paragraph and shall make a decision at a public session within 2 days after the identification of the administrative offence, in accordance with the rules established by it. In addition, the absence of the offender at the court hearing shall not hinder the making of a decision. After making a decision by the authorised body specified in paragraph 2 of this article, the authorised person designated by him/her shall draw up a protocol on the administrative offence in accordance with Article 240(22) of the Administrative Offenses Code of Georgia within the timeframe established by this paragraph. The deadline for the court to establish the fact of administrative offence/the making of a decision shall not exceed two days after the submission of the relevant protocol to the court.

8. The authorised body specified in paragraph 21 of this article shall make a decision on drawing up a protocol on the administrative offence provided for in the same paragraph within two days after receiving the relevant substantiated application, and the deadline for the court to identify/make a decision on the fact of administrative offence shall not exceed 2 days after the submission of the relevant protocol to the court.

Organic Law of Georgia No6551 of 22 June 2012 – website, 29.6.2012

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 931 – Liability for failure by a broadcaster to deliver and publish information

Failure by the relevant broadcaster to comply with the request to provide airtime tariffs and changed tariffs to the GNCC not later than five calendar days from the 60th day before polling, as well as the non-fulfilment of the request set forth in Article 50(1)(a) of this Law shall result in the imposition by the GNCC of administrative liability on the broadcaster as provided for by the Law of Georgia on Broadcasting.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

SECTION II – SPECIAL PART

 

Chapter XI – Presidential Elections of Georgia

 

Article 94 – Presidential elections of Georgia

The President of Georgia shall be elected by the Election Panel on the basis of without-debate voting, by open ballot, for a term of five years. The same person may be elected as President of Georgia for only twice.

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

 

Article 95 – Holding of regular Presidential elections of Georgia

1. Regular Presidential elections of Georgia shall be held in October of the calendar year when the term of office of the President of Georgia expires.

2. The date of regular Presidential elections of Georgia shall be fixed by the Parliament of Georgia 60 days before Election Day. If the date of Presidential elections of Georgia coincides with the month of elections of the Parliament of Georgia or with the previous month, the Presidential elections of Georgia shall be held within 45 days after the first meeting of newly elected Parliament is held.

3. If Presidential elections of Georgia coincide with the state of emergency or martial law, the Presidential elections of Georgia shall be held within 45 days after the above situation is lifted.

4. The Parliament of Georgia shall ensure the holding of Presidential elections of Georgia through the CEC.

5. The notice about calling of elections of President of Georgia shall be published on the official websites of the Parliament of Georgia and the CEC not later than the day following the day when the elections are called.

Organic Law of Georgia No1019 of 6 September 2013 – website, 23.9.2013

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

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 96 – Passive suffrage

A citizen of Georgia from 40 years of age with the right to vote, who has lived in Georgia for at least 15 years, may be elected as President of Georgia.

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

 

Article 97 – Right to nominate a candidate for President of Georgia

Not less than 30 members of the Election Panel shall have the right to nominate a candidate for President of Georgia.

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 98 – Procedure for nominating a candidate for President of Georgia

1. One member of the Election Panel may vote for the nomination of only one candidate.

2. In order to nominate a candidate for President of Georgia, not less than 30 members of the Election Panel shall, after the membership of the Election Panel is approved but not later than the 30th day before the Election Day, file an application to the CEC.

3. The application shall include the following information about a candidate for President of Georgia:

a) first name and surname;

b) date of birth;

c) profession;

d) position (occupation);

e) place of work;

f) place of registration;

g) party membership;

h) period of residence in Georgia;

i) first names and surnames of the nominating Election Panel members and their representatives, their personal number of a citizen of Georgia, position, contact telephone number and other details (if any).

4. The application shall be accompanied by a written consent of a person nominated as a candidate for President of Georgia to run in elections, the personal number of a citizen of Georgia, a certificate on the deprivation of the right and 3 photos.

5. The application shall be attached with a note by a candidate for President of Georgia that he/she is not at the same time a foreign citizen. If a candidate for President of Georgia is at the same time a foreign citizen, the application shall be attached with a document to prove that the candidate for President of Georgia has applied to an authorised body of a respective foreign country for renouncing citizenship of this country.

6. The application shall be signed by all members nominating the candidate for President of Georgia out of the Election Panel members.

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

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

Organic Law of Georgia No 5772 of 17 March 2020 – website, 23.3.2020

 

Article 99 – (Deleted)

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 991 – (Deleted)

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

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

Organic Law of Georgia No 4192 of 3 September 2015 – website, 10.9.2015

Organic Law of Georgia No 438 of 10 March 2017 – website, 22.3.2017

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

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

 

Article 100 – Registration of a candidate for President of Georgia

1. A candidate for President of Georgia shall be registered by the CEC by ordinance not later than the 20th day before Election Day.

2. The CEC ordinance on registration of a candidate for President of Georgia shall be submitted to the Parliament of Georgia within 3 days after it is issued.

3. The CEC chairperson shall grant an appropriate certificate to a candidate for President of Georgia within three days after the registration.

4. If the documentation submitted by the Election Panel is incomplete or fails to comply with the requirements established by this Law, the CEC chairperson shall identify the deficiency not later than the day following submission of an application, and a representative of the Election Panel shall be allowed 3 days to correct the deficiency. If the deficiency is not corrected within the set time limit a candidate for President of Georgia and his/her representative shall be refused registration. 

5. The CEC shall not register a candidate for President of Georgia if the requirements and procedure established by this Law have been violated.

6. The CEC ordinance to register/refuse to register a candidate for President of Georgia may only be appealed by appropriate member/members of the Election Panel, and/or by a person nominated as a candidate for President of Georgia under the procedure established by Article 77(5) of this Law.

7. The Parliament of Georgia and the CEC shall, not later than the 6th day after a candidate for President of Georgia is registered, publish on their official websites a notice about the registration of the candidate for President of Georgia indicating his/her first name, surname, date of birth, position (occupation), and place of employment.

8. A candidate for President of Georgia may, at any time, except as provided for in paragraph 9 of this article, not later than the 3rd day before polling day, withdraw his/her candidacy. To this effect, he/she shall file a written application to the CEC.

9. A candidate for President of Georgia running in the second round of Georgian Presidential elections may not withdraw his/her candidacy.

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

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 101 – (Deleted)

Organic Law of Georgia No 901 of 29 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 3266 of 21 July 2018 – website, 13.8.2018

 

Article 102 – (Deleted)

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

Organic Law of Georgia No 3272 of 21 July 2018 – website, 30.7.2018

 

Article 103 – Guarantees for the activity of a candidate for President of Georgia

1. A candidate for President of Georgia may not be dismissed from office or transferred to another job or another position without his/her consent.

2. A candidate for President of Georgia may not be arrested, detained, or searched until the final results of elections are officially announced if the CEC fails to give consent to the application of the General Prosecutor of Georgia. An exception shall be the catching at the scene of a crime, which shall immediately be reported to the CEC. If the CEC issues the appropriate ordinance, the arrested or detained candidate for President of Georgia shall immediately be released. 

3. The CEC ordinance on giving consent referred to in this article shall be put to vote within 3 calendar days after the application of the General Prosecutor of Georgia is received.

Organic Law of Georgia No 668 of 30 May 2013 – website, 24.6.2013

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

Organic Law of Georgia No 3795 of 30November 2018 – website, 13.12.2018

 

Article 1031 – The Election Panel

1. The Election Panel shall be comprised of 300 members.

2. The Election Panel shall consist of:

a) all members of the Parliament of Georgia;

b) all members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara;

c) from membership of municipality representative bodies, under this Law, members of municipality representative bodies Sakrebulos that were nominated by appropriate political parties.

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 1032 – Nomination of the Election Panel members by political parties from among members of municipality representative bodies

1. Political parties shall nominate members of the Election Panel from among the members of municipality representative bodies according to the quotas assigned thereto.

2. The quotas shall be defined by adhering to the proportional geographic representation principle, and according to the proportion of the results of local self-government elections held under the proportional system.

3. Under the results of local self-government elections held under the proportional system, the quotas shall be defined on the basis of the following formula: P=A*B/C, where:

a) P is the amount of quota designated to an authorised political party, which is an obtained whole number;

b) A is the number of votes received by a political party, which has received at least 1 % of valid votes based on the results of the last elections of the municipality bodies held under the proportional system countrywide;

c) B is the number obtained by deducting the sum of the numbers of all members of the MPs of Georgia and all members of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara from the number of all members of the Election Panel;

d) C is the sum of the numbers of valid votes of the parties running in the last elections of the municipality bodies held under the proportional system that have received at least 1 % of votes countrywide.

4. If the sum of the quotas to be received by the authorised parties as determined by this article is less than B, in this case the undistributed quotas shall be assigned to the authorised parties based on the sequence of their election results.

5. A party shall, based on the quota assigned thereto, nominate the Election Panel members from among the Sakrebulos elected within the jurisdiction of the Autonomous Republic of Ajara, Tbilisi city and a state representative, by adhering to the proportional geographic representation principle.

6. Not later the 2nd day after calling Presidential elections of Georgia, the CEC shall approve by ordinance the schedule (time limits) for conducting activities related to the election of the President of Georgia, and the quotas defined in this article as of the day of calling the elections.

7. The membership of the Election Panel shall be approved by the CEC by ordinance not later than the 40th day before Election Day.

8. For approval of the membership of the Election Panel:

a) the Parliament of Georgia, and the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara shall, within 7 days after calling elections, submit to the CEC the first names, surnames and personal numbers of all members of the Parliament of Georgia, and the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara;

b) parties authorised under this Law shall, according to the quotas defined by the CEC, within 10 days after calling elections, present the first name, surname and personal number of a person nominated as a member of the Election Panel, and the name of a municipality representative body Sakrebulo, a member of which the aforementioned person is, and the written consent of the nominated person;

c) a person nominated as a member of the Election Panel under subparagraph (b) of this paragraph shall not be considered as member of the Election Panel if he/she fails to meet the requirements established by the Constitution of Georgia and this Law, which shall be notified to the party within 2 days with indication of the deficiency, and it shall be allowed 3 days to correct the deficiency;

d) an authorised party may replace a member of the Panel nominated as a member of the Election Panel in cases, as provided for by law, of premature termination of the term of office of only this person as member of Sakrebulo;

e) after a member of the Parliament of Georgia, and a member of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara are nominated to the Election Panel, in case of premature termination of his/her term of office, if his/her replacement cannot be identified before Presidential elections of Georgia, or if an authorised party failed to use the quota within the period determined by this Law, or the number of nominated members of the Election Panel was less than the quota set, in such a case, to fill up the number of the Election Panel members to 300, by decision of the CEC, the set quotas shall be changed and the unused vacancies shall be distributed between other authorised parties based on the sequence of election results.

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 1033 – Holding of elections of President of Georgia; first and second rounds, re-run elections and extraordinary elections

1. Presidential elections of Georgia shall be held at the Georgian Parliament palace from 9 a.m. of Election Day, and it shall end at 14 p.m. or any time of the same day if voted for by all members of the Election Panel.

2. Only members of the Election Panel, persons invited by the Chairperson of the Parliament of Georgia, members of the CEC, and appropriate authorised representatives of the Parliament of Georgia and the Office of the CEC may be present at the Presidential elections of Georgia. The election of the President of Georgia shall be broadcasted live on the air of the Public Broadcaster.

3. For Presidential elections of Georgia, the first name and surname of a candidate for President of Georgia shall be indicated in a ballot paper. The text and the form of the ballot paper shall be determined by the CEC by ordinance.

4. For Presidential elections of Georgia, the CEC shall print ballot papers and forward them to the Election Panel members; print the list of the Election Panel members; seal and unseal the ballot box; count votes and draw up a summary protocol of the election results.

5. Members of the Election Panel shall confirm the reception of ballot papers by signing on the list of the Election Panel members, after which they shall circle only one candidate of their interest, and shall place the ballot papers into a pre-sealed transparent ballot box.

6. A ballot paper shall be deemed invalid if:

a) it is of an unknown form;

b) it is impossible to identify, for which candidate a member of the Election Panel voted;

c) a member of the Election Panel voted for more than one candidate;

d) it is impossible to identify, who of the Election Panel members has casted his/her vote.

7. A candidate who receives at least two-thirds of the votes of all members of the Election Panel shall be considered as elected in the first round of elections.

8. If the President of Georgia is not elected in the first round of elections, the Chairperson of the Parliament of Georgia shall call the second round of the Georgian Presidential Elections on the same day or not later than 7 days after the first round was held.

9. Two candidates with the best results in the first round shall be voted for in the second round. If more than two candidates have the best results, participants of the second round shall be identified based on who of the candidates with equal results was registered earlier as a candidate for President of Georgia.

10. If the candidates receive an equal number of votes in the second round of elections, the candidate who received more votes in the first round shall be considered as elected.

11. The first and second rounds of elections shall be considered as valid, if more than half of all members of the Election Panel participate therein.

12. If the elections were not valid or the Election Panel failed to elect the President of Georgia, re-run Presidential elections of Georgia shall be held within 30 days.

13. The date of re-run Presidential elections of Georgia shall be fixed by the Chairperson of the Parliament of Georgia within 3 days after an appropriate situation occurs.

14. If the term of office of the President of Georgia is prematurely terminated, re-run Presidential elections of Georgia shall be held within 45 days after termination of the term of office.

15. Extraordinary Presidential elections of Georgia shall be called by the Parliament of Georgia within 10 days after premature termination of the term of office of the President of Georgia.

16. If Presidential elections of Georgia and elections of the Parliament of Georgia are held simultaneously or a in the previous month, and if re-run elections and extraordinary Presidential elections of Georgia are scheduled, the elections shall be held in accordance with the procedure established by this Law for holding regular Presidential elections of Georgia. During re-run elections and extraordinary Presidential elections of Georgia, election procedures shall be performed, instead of the time limits set by this Law for holding regular Presidential elections of Georgia, not later than the 2nd day after calling the elections, in accordance with the time limits defined by the CEC ordinance.

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

 

Article 104 – Summarisation of election results

1. Results of Presidential elections of Georgia shall be prepared and summarised by the CEC immediately after the elections are completed, at the CEC meeting, which is held at the Georgian Parliament palace.

2. The following information shall be specified in a summary protocol of the Georgian Presidential election results:

a) the number of the Election Panel members;

b) the number of the Election Panel members participating in the elections;

c) first names and surnames of the Election Panel members participating in the elections;

d) the number of the votes received by each of the candidates participating in the elections;

e) information regarding which member of the Election Panel voted for which candidate;

f) the number of invalid ballot papers;

g) the identity of candidates having passed through the second round, and/or the identity of the President of Georgia elected as a result of the first or second round.

3. A summary protocol of the Georgian Presidential election results shall be signed by the chairperson and the secretary of the CEC. The protocol may be appealed by appropriate member/members of the Election Panel, and/or by a candidate for President of Georgia under the procedure and within time limits established by Article 77(5) of this Law.

4. The documentation for holding Presidential elections of Georgia shall be sealed and stored by the CEC at the CEC under the procedure established by the legislation of Georgia.

5. A summary protocol of the Georgian Presidential election results shall be drawn up in 3 copies, one of which shall be forwarded to the President of Georgia, the second one shall be sent to the Parliament of Georgia, and the third one shall be stored at the CEC.

6. The CEC shall publish a notice about the results of the Georgian Presidential elections on its official website within 2 days after the results of the Georgian Presidential elections are summarised.

7. The power of the Election Panel set up for the election of the President of Georgia shall be terminated upon taking of the oath by the President elected as a result of the Georgian Presidential Elections.

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

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 105 – (Deleted)

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 106 – (Deleted)

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 107 – (Deleted)

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

 

Chapter XII – Elections of the Parliament of Georgia

 

Article 108 – Calling of elections of the Parliament of Georgia

1. Regular elections of the Parliament of Georgia shall be held on the last Saturday of October of the calendar year when the term of office of the Parliament of Georgia expires.

2. The date of regular elections of the Parliament of Georgia shall be fixed by the President of Georgia 60 days prior to the Election Day.

3. If the date of elections of the Parliament of Georgia coincides with the state of emergency or martial law, the elections shall be held not earlier than the 45th dayand not later than the 60th day after the above situation is lifted. The date of elections shall be fixed by the President of Georgia upon lifting the state of emergency or martial law.

4. The notice about calling of the Parliamentary elections of Georgia shall be published on the official website of the CEC and through the media not later than the day following the day of calling the elections.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 109 – Procedure for elections and terms of powers of the Parliament of Georgia

1. One hundred and fifty Members of the Parliament of Georgia shall be elected in a unified multi-seat electoral district based on the proportional electoral system.

2. The term of the elected Parliament of Georgia shall be four years.

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

 

Article 110 – (Deleted)

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

Judgment No 1/3/547 of 28 May 2015 of the Constitutional Court of Georgia – website, 8.6.2015

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

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

 

Article 1101 – (Deleted)

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 1102 – (Deleted)

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

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

 

Article 111 – Passive suffrage

1. A citizen of Georgia from 25 years of age having the right to vote, and who has lived at least 10 years in Georgia may be elected as Member of the Parliament of Georgia.

2. A person who has been imposed with imprisonment may not be elected as Member of Parliament.

3. (Deleted – 21.7.2018, No 3266).

4. A duly registered political party, which has an MP elected on the basis of its nomination, by the time of calling of elections, or support to which is confirmed in the manner determined by this Law by not less than 25 000 signatures, shall have the right to run in elections of the Parliament of Georgia.

Organic Law of Georgia No 6571 of 28 June 2012 – website, 28.6.2012

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

 

Article 112 – Incompatibility of the status of a candidate for MP of Georgia with his/her official capacity

1. The following officials shall resign and shall be dismissed from their positions not later than the second day after filing an application to the CEC for registration as a candidate for MP of Georgia:

a) the President of Georgia;

b) ministers of Georgia (except for the Prime Minister of Georgia), as well as ministers of the Autonomous Republics, heads of government and state departmental agencies and their deputies;

c) (Deleted – 21.7.2018, No 3266);

d) members of the Council of the National Bank of Georgia;

e) the Auditor General and his/her deputies;

f) state representatives and their deputies;

g) chairpersons of the municipality Sakrebulos, mayors;

h) officers of the Ministries of Internal Affairs and Defence of Georgia, the State Security Service of Georgia, the Georgian Intelligence Service, and the Special State Protection Service of Georgia;

i) judges;

j) the Public Defender of Georgia and his/her deputy;

k) advisors to President of Georgia;

l) members of the High Council of Justice of Georgia;

m) the head of the Public Service Bureau and his/her deputies;

n) prosecutors, their deputies, assistants, and investigators;

o) members of the GNCC and the GNEWSRC;

p) the head of the Office of the National Security Council and his/her deputy.

2. A respective legal act about resignation and dismissal of an official referred to in paragraph 1 of this article shall be immediately submitted to the respective election commission. Otherwise, the person shall be refused to be registered as a candidate for MP of Georgia, and if registration has been completed, it shall be cancelled.

Organic Law of Georgia No 6551 of 22 June 2012 – website, 29.6.2012

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

Organic Law of Georgia No 4192 of 3 September 2015 – website, 10.9.2015

Organic Law of Georgia No 5434 of 22 June 2016 – website, 29.6.2016

Organic Law of Georgia No 438 of 10 March 2017 – website, 22.3.2017

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

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

Organic Law of Georgia No 4411 of 2 April 2019 – website, 8.4.2019

 

Chapter XIII – Registration of Electoral Subjects Running in Elections of the Parliament of Georgia

 

Article 113 – Registration of parties/cancellation of registration

1. In order to be eligible to participate in the parliamentary elections of Georgia, a party shall apply to the Chairperson of the CEC with an appropriate application signed by its leading person (persons):

a) after the Georgian parliamentary elections are called, not later than the 57th day before Election Day, if it has an MP elected on the basis of its nomination;

b) from 1 January to 15 July of the year of the parliamentary elections if the party does not meet the conditions under subparagraph (a) of this paragraph.

2. An application shall be attached with an excerpt from the register of political associations of citizens (parties) issued by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry, before the application was submitted to the CEC, within the last 10 days, with indication of a person (persons) authorised to be the head/representative of a party, and a document evidencing that the party has a representative in the Parliament of Georgia (if a party has such a representative). At the time of registration of the party, to verify/confirm the authenticity of the data in the excerpt issued by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry, the Agency shall provide the CEC with the possibility of accessing the bases of electronic data and verification.

3. An application for registration shall include the following information about a party:

a) the name and/or its abbreviated name, if such is indicated in the statute of the political party. Additionally, the names and surnames, or only surnames of no more than three leaders of the political party may be indicated. The name by which the political party has been registered shall remain unchanged on the ballot paper;

b) the first and last name, address (according to the place of registration), telephone number and specimen of signature of a leader(s) of the party;

c) the first, last name, address (according to the place of registration), and the telephone number of a representative;

d) if there are several leaders, the scope of powers of each leader in relation to the party’s electoral process.

4. The name and/or its abbreviated name referred to in paragraph 3(a) of this article shall not coincide with the official name and its abbreviated name of another party registered by the Ministry of Justice of Georgia (if coincided, the party may not use such name and its abbreviated name).

5. In the case provided for by paragraph 1(b) of this article, the respective CEC office shall provide a party representative with a sample of the list of supporting voters. The respective CEC office shall check the application and documents attached thereto and shall submit its report to the CEC Chairperson not later than the day after the filing of the application.

6. In the case provided for by paragraph 1(a) of this article, the CEC Chairperson shall, not later than the day after filing of the report referred to in paragraph 5 of this article:

a) register the party and its representative for election purposes if the application filed and the documents attached meet the requirements of this Law;

b) submit a written notification to a representative of the party about any non-compliance of the filed application and the attached documents with the provisions of this Law (specifying the details of non-compliance) and give the party three days after receipt of notice for correction of the application and documents.

7. A corrected application and documents referred to in paragraph 6(b) of this article shall be verified and the decision about electoral registration shall be made within two days after submission of the application and documents. If the corrected application and documents meet the requirements of this Law, the CEC Chairperson shall register the party and its representative for election purposes. Otherwise, the CEC Chairperson shall, within the same timeframe, issue an ordinance refusing to provide electoral registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of Law that are the basis for refusal). A representative of the party shall immediately be notified about the ordinance decree and shall be provided with a copy of the decree upon request.

8. In the case provided for by paragraph 1(b) of this article, the CEC Chairperson shall, not later than the third day after the provision of the report referred to in paragraph 5 of this article, notify the party representative in writing about any non-compliance of the application and attached documents with the provisions of this Law (specifying the details of non-compliance). The corrected application and documents shall be returned to the CEC within three days.

9. A party that fails to meet the condition under paragraph (1)(a) of this article shall, within 60 days after a sample form of the list of party supporters is received, but not later than 1 August, submit to the CEC the list of not less than 25 000 voters supporting participation of the party in elections of the Parliament of Georgia. The list of the party supporters shall be verified by an appropriate CEC office under the procedure and within a time limit determined in Article 38 of this Law. During the election period, an appropriate CEC office shall verify the lists of the party supporters and shall submit the report to the CEC Chairperson within two days after the lists are submitted.

10. If an application and attached documents (or a corrected application and documents), and the list of supporting voters under this article are submitted within the timeframe defined in this Law and meet the requirements it sets, the CEC Chairperson shall, based on a report of the respective CEC office, register the party and its representative for election purposes within ten days after the receipt of the report, but not later than the 42nd day before Election Day. Otherwise, the CEC Chairperson shall issue an ordinance within the same time about the refusal to provide electoral registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of this Law that are the basis for refusal). A representative of the party shall immediately be notified about the ordinance and shall be provided with a copy of the ordinance upon request.

11. The CEC shall publish the list of registered parties on its official website in the order of submitting applications, not later than the 30th day before Election Day. It shall also publish the list of the parties that have been denied registration or the registration of which has been cancelled, specifying the reasons for the denial or cancellation.

12. The CEC Chairperson shall by ordinance cancel the registration of a party where:

a) the party applies for cancellation;

b) the Constitutional Court of Georgia prohibits operation of the party;

c) (Deleted – 21.7.2018, No 3266);

d) (Deleted – 21.7.2018, No 3266);

e) the party fails to submit a party list or the submitted party list has not been registered;

f) the number of candidates in the party list, not later than the 2nd day before Election Day, is less than the minimum number defined in this Law.

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

Organic Law of Georgia No 4715 of 24 December 2015 – website, 29.12.2015

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 114 – (Deleted)

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

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 115 – Submission of party lists

1. Parties running in elections shall have the right to submit party lists.

2. Each party running in elections shall have the right to submit one party list.

3. The number of candidates for MP of Georgia in a submitted party list may not be less than 100 and more than 200.

4. (Deleted – 21.7.2018, No 3266).

5. One and the same person may not be on different party lists.

6. The procedure for compiling party lists shall be defined by Parties. When compiling party lists, consideration shall be given to maintaining balance between the sexes with respect to additional funding as defined by the Organic Law of Georgia on Political Associations of Citizens.

7. An appropriate electoral subject shall submit the party list to the CEC Chairperson not later than the 30th day before Election Day. A registration card filled out and signed by each candidate for MP of Georgia, certificate on the deprivation of the right, a drug test certificate, a photocopy of the identity card of a citizen of Georgia or of the passport of a citizen of Georgia, and a photo shall be attached to the party list. A drug test certificate is not classified and shall be published on the official website of the CEC.

8. (Deleted – 21.7.2018, No 3266).

9. A party list shall specify the following information for each candidate:

a) first name and surname;

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

c) address (according to the place of registration);

d) personal number of a citizen of Georgia;

e) place of work (name of institution, organisation, enterprise, etc.);

f) position (if unemployed, specify ‘unemployed’);

g) party membership (if not a party member, specify ‘non-partisan’);

h) (Deleted – 21.7.2018, No 3266).

10. A registration form shall specify the following information for each candidate:

a) first and last name;

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

c) sex;

d) address (according to the place of registration);

e) personal number of a citizen of Georgia;

f) place of work (name of institution, organisation, enterprise, etc.);

g) position (if unemployed, specify ‘unemployed’);

h) party membership (if not a party member, specify ‘non-partisan’);

i) the fact of living in Georgia for not less than 10 years;

j) (Deleted – 21.7.2018, No 3266);

k) consent to run in elections under the given party list;

l) the fact that a candidate was an MP of Georgia after the previous election;

m) signature and date of signature.

11. The CEC shall forward registration cards under paragraph 7 of this article to a party representative in advance.

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

Organic Law of Georgia No 5772 of 17 March 2020 – website, 23.3.2020

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 116 – (Deleted)

Judgment No1/1/539 of the Constitutional Court of Georgia of 11 April 2013 – website, 19.4.2013

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

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

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

Organic Law of Georgia No 5772 of 17 March 2020 – website, 23.3.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

Article 117 – Electoral registration of party lists

1. A party list shall be registered by an ordinance of the CEC Chairperson if all documents defined in this Law comply with the requirements established by the same Law. If the time limit set under this Law for submission of documents is not met, the issue of electoral registration shall not be reviewed.

2. An appropriate office of the CEC shall verify the party list submitted by a party, and shall, within 10 days after the list is submitted but not later than the 26th day before Election Day, submit its report to the CEC Chairperson, who shall, within 3 days but not later than the 25th day before Election Day:

a) register the party list and the candidates nominated by a party if the submitted party list and the documents attached thereto comply with the requirements established by this Law;

b) give a written notice to a party representative of any noncompliance of the data in the party list and the documents attached thereto with the requirements established by this Law (specifying the noncompliance), if such noncompliance exists, and the representative shall be allowed 3 days to improve the list and the documents.

3. The corrected data referred to in paragraph 2(b) of this article shall be verified and the issue of electoral registration shall be resolved within 5 days after submission of the corrected data but not later than the 20th day before Election Day. If the corrected data complies with the requirements of this Law, the CEC Chairperson shall register the party list or the part of the list that complies with the requirements defined by this Law (if the number of candidates in that part is not less than the required minimum). The CEC Chairperson shall, within the same time limit, issue an ordinance regarding the refusal of electoral registration for other candidates (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of this Law that are the basis for refusal). If in the part of the party list that complies with the requirements established by this Law the number of candidates remains less than the required minimum, neither the party list nor the candidates nominated by the party shall be registered and the CEC Chairperson shall, within the aforementioned time limit, issue an ordinance on refusing registration to them (the ordinance shall specify exactly the reasons for the refusal to provide electoral registration and the applicable provisions of this Law that are the basis for refusal). The ordinance referred to in this paragraph shall immediately be communicated to a representative of the party and shall be forwarded to him/her upon request.

4. The electoral registration shall be denied to a candidate for MP of Georgia, and either an ordinance of the respective election commission chairperson (in the cases referred to in subparagraphs (a-d) and (f) of this paragraph) or a court decision (in the case referred to in subparagraph (e) of this paragraph) shall cancel the electoral registration of any registered candidate, if the applications and documents submitted to the election commission fail to comply with all requirements established by this Law, or if other conditions defined in the same Law are not met, namely, when:

a) the data referred to in applications and documents is incomplete or inaccurate;

b) the candidate entered in the party list is a member of another party running in the elections;

c) the candidate is entered in more than one party list and he/she gives or gave his/her consent to be entered simultaneously into more than one party list;

d) the other election is held during the parliamentary election of Georgia and the candidate for MP of Georgia gives or gave his/her consent to run in that election with the status of a candidate;

e) the requirements defined in Article 47(1) and/or Article 48 are not met;

f) a candidate did not take a drug test.

5. An ordinance of the CEC chairperson on refusing electoral registration of a party list and candidates for MP of Georgia nominated by a party may be appealed under the procedure established in Articles 77 and 78 of this Law.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

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

 

Article 118 – (Deleted)

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 119 – (Deleted)

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

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 3272 of 21 July 2018 – website, 30.7.2018

 

Article 120 – Revocation of decisions on nomination of candidates for MP of Georgia

1. A candidate for MP of Georgia, the party nominating him/her, may, at any time but not later than 12 days prior to the polling day, refuse to run in elections or refuse the nominated candidate, for which purpose he/she/it shall submit an application to a respective election commission.

11. (Deleted – 21.7.2018, No 3266).

2. A party running in elections may, after powers of the elected MPs are recognised, revoke its decision about the nomination of the candidate for MP remaining on the party list. A party may not revoke its decision about nominating a candidate for MP remaining on the party list when the authority of the MP elected under the same list ceases, until the authority of his/her successor is recognised. A candidate for MP nominated by the party shall be withdrawn from the party list by an ordinance of the CEC chairperson, based on an application signed by the party leader, within 3 days after submission of the application. If the application is not satisfied within this period, the candidate for MP shall be deemed withdrawn from the party list from the day after expiry of the aforementioned period.

3. A candidate for MP of Georgia may withdraw his/her candidacy from a party list after the recognition of authority of the elected MPs by filing an application with the CEC. The candidacy shall be withdrawn by an ordinance of CEC Chairperson within three days after filing the application. If the application is not satisfied within this time, the candidate for MP shall be deemed withdrawn from the party list on the day following the end of the third day.

4. The CEC shall immediately publish on its official website the information about removal of an electoral subject or individual candidate from elections.

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

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 121 – Release of candidates for MP of Georgia from official duties

A candidate for MP of Georgia shall be granted leave without remuneration for the election campaign period based on his/her application and an appropriate certificate.

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

                  

Article 122 – Immunity of candidates for MP of Georgia

1. A candidate for MP of Georgia shall not be detained, arrested, or searched until the CEC officially publishes final election results, while a person announced by the CEC as an elected MP of Georgia shall not be detained, arrested, or searched until the final decision is made about the recognition of his/her authority, unless the CEC approves an application filed by the General Prosecutor of Georgia. An exception shall be the case in which a candidate is caught in the act of committing a crime, which shall be immediately reported to the CEC. If the CEC issues an ordinance, the detained or arrested candidate for MP of Georgia shall be released immediately.

2. The CEC ordinance for giving its approval as referred to in this article shall be put to vote within three calendar days after filing of an application by the General Prosecutor of Georgia.

Organic Law of Georgia No 668 of 30 May 2013 – website, 24.6.2013

Organic Law of Georgia No 3795 of 30November 2018 – website, 13.12.2018

 

Chapter XIV – Summarising Results of Parliamentary Elections of Georgia

 

Article 123 – Counting of votes at a PEC

A PEC shall summarise polling results and shall enter the results into the summary protocols of polling results. A summary protocol of polling results shall be drawn up according to party lists.

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

 

Article 124 – Summarisation of polling results at DECs

1. A DEC shall, based on the PEC protocols and the district/city court decisions, summarise polling results at its session and shall enter the results into the summary protocols of polling results.

2. The DEC shall, based on an application/complaint, decide by ordinance to open packages received from PECs and to re-count ballot papers.

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

         

Article 125 – Summarisation of election results at the CEC

1. The CEC shall, based on protocols received from DECs and PECs, and on final court decisions, not later than the 19th day from Election Day, summarise, at its session, the results of the Parliamentary elections of Georgia, and shall draw up a final summary protocol of the results of the Parliamentary elections of Georgia.

2. One counterpart of the protocol shall be kept with the CEC; the second counterpart shall be delivered to the Parliament of Georgia, while the copies endorsed by the CEC seal shall be delivered to the representatives of electoral subjects.

3. (Deleted – 21.7.2018, No 3266).

4. Seats of MPs of Georgia shall be distributed between the political parties that received at least 5% of valid votes cast in the elections. The number of votes of the voters participating in the elections shall not include the number of votes recorded on ballot papers declared void.

5. To determine the number of seats obtained by a political party, the number of votes it has obtained shall be multiplied by 150 and divided by the sum of votes received by all those political parties that received at least 5 % of the valid votes cast in the elections. The integer part of the figure obtained shall be the number of seats obtained by the political party. If the sum of the number of seats obtained by the political parties, the undistributed seats shall be successively awarded to the political parties having better results.

6. (Deleted – 21.7.2018, No 3266).

7. (Deleted – 21.7.2018, No 3266).

8. (Deleted – 21.7.2018, No 3266).

9. If the number of votes received by two or more than two parties appears to be equal, the seat shall be awarded to a political party that was registered with the CEC earlier.

10. (Deleted – 21.7.2018, No 3266).

11. The candidates for MP of Georgia whose sequence numbers in the party list are less than or equal to the number of seats obtained by the list shall be deemed elected under the party list. The number of MPs elected under that list shall remain unchanged.

12. (Deleted – 21.7.2018, No 3266).

13. If polling results were declared void in elections due to gross violation of the requirements of this Law in more than half of, or in several electoral districts, in which the total number of voters is more than half of the total number of voters in Georgia, the election results shall be considered as void and the CEC shall call re-run elections.

14. If an application/complaint is filed for the verification or invalidation of polling results, the CEC shall by ordinance decide on opening the sealed packages and re-counting the ballot papers received from the respective PEC, or the CEC shall assign that activity to the respective DEC/special group. If necessary, the CEC may summarize election results based on protocols drawn up by PECs.

15. (Deleted – 21.7.2018, No 3266).

16. (Deleted – 21.7.2018, No 3266).

17. Repeat voting shall be called if the total number of voters in those precincts in which the polling results were declared void is more than 10% of the total number of voters in Georgia. In this case, repeat voting shall be held not later than two weeks after general election day.

18. A summary protocol of the election results shall include the number of voters participating in the elections and the number of ballot papers declared void; the total number of votes received by each electoral subject; the percentage of votes and the number of seats received; numbers of the electoral districts and electoral precincts in which elections were declared void, and the number of voters in such districts and precincts, and reasons for declaring the elections in such districts and precincts void.

181. (Deleted – 21.7.2018, No 3266).

182. A summary protocol of the final election results shall include the total number of voters in Georgia; numbers of electoral districts and electoral precincts in which elections were declared void and a repeat voting was not held, and the number of voters in such districts and precincts; numbers of electoral districts in which re-run elections were called, and the date of the re-run elections; the number of participants in the elections, the number of votes received by each electoral subject, the percentage of votes received and the number of seats obtained; the list of elected members of the Parliament of Georgia compiled according to electoral subjects nominating the MPs with indication of their party affiliation.

19. Upon drawing up summary protocols of election results, the CEC shall publish the protocols on its official website. The CEC shall forward the summary protocol of the final election results to the Legislative Herald of Georgia which shall publish it within two days’ period.

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

Organic Law of Georgia No 4721 of 24 December 2015 – website, 29.12.2015

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

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

 

Article 126 – (Deleted)

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

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

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

 

Article 127 – Re-run elections of the Parliament of Georgia

1. If elections are declared invalid, re-run elections shall be held.

2. Re-run elections shall be held within two months after the elections were declared invalid. The date of the re-run elections shall be fixed by the CEC by ordinance and the time limits for election activities shall be determined by the CEC by ordinance not later than 7 days after the elections were declared invalid.

3. If elections are declared valid but none of the parties has received 5% votes of the voters participating in the elections, re-run voting shall be held based on the CEC’s ordinance, within two weeks after summarisation of the election results.

4. Only the parties that have received not less than 2% of the votes in general elections shall have the right to participate in the re-run voting. The party lists of the parties participating in the re-run voting shall remain unchanged. Changes in the lists may be made only under the general procedure established by this Law.

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

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

 

Article 128 – Extraordinary elections of the Parliament of Georgia

If the Parliament of Georgia is prematurely dissolved, extraordinary elections of the Parliament of Georgia shall be held not earlier than the 45th day and not later than the 60th day after the premature dissolution of Parliament.  The date of extraordinary elections of the Parliament of Georgia shall be fixed by the President of Georgia upon coming of the edict on the premature dissolution of the Parliament of Georgia into effect.

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

 

Article 129 – (Deleted)

Organic Law of Georgia No 154 of 21 December 2012 – website, 8.1.2013

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

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 130 – Procedure for replacing an MP of Georgia who withdraws

1. If an MP of Georgia who was elected under the party list of party independently running in the elections withdraws, his/her seat shall be occupied by the next successful candidate for MP in the party list within one month, provided that the candidate gives his/her consent within 15 days after the vacancy. Otherwise, the vacancy shall be taken by the next successful candidate in the list, etc. If there is no candidate remaining in the party list, the seat of the MP of Georgia shall be cancelled.

2. (Deleted – 21.7.2018, No 3266).

3. After the Parliament of Georgia recognises the authority of MPs, the status of a candidate for MP shall be suspended for the persons remaining in the party lists. Immediately after the pre-term termination of powers of an MP elected under the party list, the status of a candidate for MP shall be reinstated to the person who is the successor of that MP according to this article.

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 131 – Registration of elected MPs of Georgia

The CEC shall, within two days after summarising the final results of elections, register the elected MPs of Georgia and give them temporary certificates as MPs of Georgia.

 

Article 132 – (Deleted)

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

 

Chapter XV – Elections of Municipality Bodies

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 133 – Calling elections of a municipality representative body Sakrebulo, Mayor of a self-governing city/community

1. Elections of a municipality representative body called the Sakrebulo, or Mayoral elections of a self-governing city/community shall be conducted after the lapse of a full three years from the last respective elections, in October of the fourth year.

2. Regular elections of the municipality representative body Sakrebulo and of the Mayor of a self-governing city/self-governing community shall be called by the President of Georgia with the countersignature of the Prime Minister 60 days before powers of a Sakrebulo or the Mayor expire.

3. Elections of the municipality representative body Sakrebulo and of the Mayor of a self-governing city/self-governing community shall not be held during the state of emergency or martial law. If the due date of the election coincides with the state of emergency or martial law, the election shall be held on the 60th day after the state of emergency or martial law is lifted.

4. Information about calling elections of a municipality representative body Sakrebulo, a Mayor of a self-governing city/community shall be published on the official CEC website and through the media not later than the next day after the elections are called.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

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

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 134 – Active and passive suffrage

1. A citizen of Georgia who has attained the age of 21 by the polling day and has resided in Georgia for at least 5 years may be elected as a member of a municipality representative body Sakrebulo.

2. A citizen of Georgia from the age of 25 with the right to vote who has resided in Georgia for at least 5 years may be elected as the Mayor of a self-governing city/self-governing community.

3. A citizen of Georgia may not simultaneously be a member of another representative body and a Mayor of a self-governing city/community.

4. Voters of the respective electoral district and local majoritarian electoral district shall participate in the elections of a municipality representative body Sakrebulo, a Mayor of a self-governing city/community by active suffrage.

5. Personnel of the Ministries of Internal Affairs and Defence of Georgia, the State Security Service of Georgia shall participate in the elections of a municipality representative body – Sakrebulo and a Mayor of a self-governing city/community by active suffrage under the procedure established by Article 32(6) of this Law.

6. Voters permanently residing abroad on the day the elections are called, or voters temporarily staying outside Georgia on Election Day, shall not participate in the elections of a municipality representative body Sakrebulo or Mayor of a self-governing city/community.

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

Judgment of the Constitutional Court of Georgia No 3/3/600 of 17 May 2017– website, 29.5.2017

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

 

Article 135 – Term of office of the municipality representative body Sakrebulo, Mayor of a self-governing city/community

1. The term of office of a municipality representative body called the Sakrebulo or a Mayor of a self-governing city/community elected in the regular elections shall be four years.

2. The term of office of the new composition of the Sakrebulo shall commence and that of the previous one shall end upon the first meeting of the newly elected Sakrebulo.

3. If the term of office of the Sakrebulo is prematurely terminated, the term of office of the newly elected Sakrebulo shall commence upon its first meeting.

4. The term of office of the newly elected Mayor of a self-governing city/community shall commence and that of the previous one shall end on the 11th day after the respective election commission draws up a summary protocol of the election results (after the Mayor is announced as elected).

5. If the term of office of the Mayor of a self-governing city/community is prematurely terminated, the term of office of the newly elected Mayor shall commence on the 11th day after the respective election commission draws up a summary protocol of the election results (after the Mayor is announced as elected).

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 136 –Incompatibility of the status of candidates for members of a municipality representative body Sakrebulo, or of Mayoral candidates of a self-governing city/community with their office

1. The term of office of the following officials shall be terminated after being nominated as candidates for members of a municipality representative body Sakrebulo, or as Mayoral candidates of a self-governing city/community:

a) the President of Georgia;

b) Ministers of Georgia and of the Autonomous Republics of Abkhazia and Ajara, heads of state and government subordinate agencies and their deputies;

c) (Deleted – 21.7.2018, No 3266);

d) a member of the Council of the National Bank of Georgia;

e) the Auditor General and his/her deputy;

f) the head of staff of the Parliament of Georgia;

g) a state representative and his/her deputy;

h) officers of the Ministries of Internal Affairs and Defence of Georgia, the State Security Service of Georgia, the Georgian Intelligence Service, and the Special State Protection Service of Georgia;

i) a judge;

j) the Public Defender of Georgia and his/her deputy;

k) a member of the advisory body of the President of Georgia (who is not an MP);

l) an assistant to the President of Georgia;

m) members of the Georgian National Energy and Water Supply Regulatory Commission (GNEWSRC) and other national regulatory commissions;

n) the head of the Civil Service Bureau and his/her deputies;

o) a prosecutor, his/her deputy and an assistant, and an investigator;

p) the head of the Office of the National Security Council.

2. The powers of the officials referred to in paragraph 1 of this article shall terminate before their nomination as candidates in the respective election commission.

Organic Law of Georgia No 6551 of 22 June 2012 – website, 29.6.2012

Organic Law of Georgia No 6601 of 29 June 2012 – website, 13.7.2012

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

Organic Law of Georgia No 4192 of 3 September 2015 – website, 10.9.2015

Organic Law of Georgia No 438 of 10 March 2017 – website, 22.3.2017

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

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

Organic Law of Georgia No 4411 of 2 April 2019 – website, 8.4.2019

 

Article 137 – Electoral districts

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

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

 

Chapter XVI – Sakrebulo Elections of Self-Governing Communities and Self-Governing Cities (except for Tbilisi)

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

 

Article 138 – Electoral system

Elections of a municipality representative body Sakrebulo shall be held through the proportional and majoritarian electoral systems.

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 139 – Right to vote

In the elections to a Sakrebulo of a self-governing community or of a self-governing city, a voter shall have one vote under the proportional electoral system and one vote under the majoritarian electoral system.

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

 

Article 140 – Composition of a municipality representative body Sakrebulo

1. The Sakrebulo of a self-governing community shall be composed of 15 members elected through the proportional electoral system and 1 member elected through the majoritarian electoral system from each community and city comprised by that self-governing community. Within the administrative centre of the self-government community, where the number of voters is more than 4 000 but does not exceed 10 000, two members of the Sakrebulo shall be elected through the majoritarian electoral system. Within the administrative centre of the self-government community, where the number of voters is more than 10 000, but does not exceed 20 000, three members of the Sakrebulo shall be elected through the majoritarian electoral system. Within the administrative centre of the self-government community, where the number of voters is more than 20 000, but does not exceed 35 000, four members of the Sakrebulo shall be elected through the majoritarian electoral system. Within the administrative centre of the self-government community, where the number of voters is more than 35 000, five members of the Sakrebulo shall be elected through the majoritarian electoral system.

2. The Sakrebulo of a self-governing city (other than Tbilisi) shall be composed of15 members elected through the proportional system and 10 members elected through the majoritarian system.

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 141 – The right to participate in Sakrebulo elections and nomination of majoritarian candidates

1. A party, and a majoritarian candidate nominated by a party or by a five-person initiative group of voters, who is registered with an appropriate election commission, shall have the right to participate in Sakrebulo elections.

2. For nomination of a majoritarian candidate of a municipality representative body Sakrebulo, a party may, not later than the 30th day before elections, submit an application to an appropriate election commission.

3. For nomination of a majoritarian candidate for elections of a municipality representative body Sakrebulo, an initiative group of voters shall, not later than the 47th day before voting, submit an application to an appropriate DEC. It then shall have the right to collect the signatures of supporting voters.

4. The minimum numbers of signatures of supporting voters shall be defined by a CEC ordinance.

5. The following information of a majoritarian candidate for member of Sakrebulo shall be specified in the application:

a) first name and surname;

b) date of birth;

c) profession;

d) position (occupation);

e) place of employment (if unemployed, the word ‘unemployed’ shall be specified);

f) place of registration;

g) party affiliation (if not a member of any party, the word ‘nonpartisan’ shall be specified);

h) personal number of a citizen of Georgia;

i) name of a local majoritarian district where he/she has been nominated as a majoritarian candidate;

j) first name, surname, number of the identity card of a citizen of Georgia or of the passport of a citizen of Georgia, place of registration, contact telephone number and other details (if any) of members of an initiative group of voters nominating him/her, and of their representative.

6. The application, which is signed by the party leader/authorised person/all members of the initiative group of voters, shall be enclosed with a written consent of a person nominated as a majoritarian candidate for member of Sakrebulo to run in elections, a photocopy of the identity card of a citizen of Georgia or of the passport of a citizen of Georgia, a certificate on the deprivation of the right, 2 photos, and 2 copies of a registration card signed by him/her. The registration card shall include, along with biographical details of a candidate (first name, surname, personal number of a citizen of Georgia, address (according to the identity card of a citizen of Georgia or the Agency database), date of registration, and date of birth), the fact of living in Georgia for 5 years, and the consent to run in the elections in the given local majoritarian district.

7. The chairperson of a DEC shall, not later than the following day after an application is submitted, register an initiative group of voters. If the requirements established in paragraphs 4-6 of this article are not observed, the DEC chairperson shall immediately notify a representative of the initiative group of voters about the deficiency. The corrected documents shall be returned to the DEC chairperson not later that the following day for registration of the initiative group of voters.

8. For registration of a majoritarian candidate for member of Sakrebulo, a representative of the initiative group of voters shall, not later than the 40th day before voting, submit to an appropriate DEC the list of voters supporting the majoritarian candidate, which shall be verified under the procedure established by the election legislation of Georgia within 3 days after submission.

9. The DEC chairperson shall not register a majoritarian candidate for member of Sakrebulo nominated by a party/an initiative group of voters:

a) if there is or was simultaneous consent of a majoritarian candidate for member of Sakrebulo to run in the Sakrebulo elections of the same and/or any other municipality, or in the Mayoral elections of the same and/or any other municipality in the capacity of a candidate;

b) if the documentation required by, and/or information provided for in this article is incomplete or inaccurate;

c) if the number of voters’ signatures appears to be less than required in the list of supporting voters;

d) if the lists of supporting voters are not submitted;

e) if the time limit for submitting the lists of supporting voters is not observed;

f) in other cases provided for by this Law.

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

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

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

Organic Law of Georgia No 5773 of 17 March 2020 – website, 23.3.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 1411 – Guarantees of participation in the elections to municipality bodies

No employer may limit an employee’s right to run in elections of municipality bodies, to become a Sakrebulo member or a Mayor. Any labour contract containing an agreement limiting an employee’s right to exercise the above right shall be void. No employee may be discharged, transferred to a lower-paying job or otherwise discriminated on the above grounds.

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 142 – Registration of parties

1. To obtain the right to run in the elections of a municipality representative body Sakrebulo, a party shall submit to the CEC chairperson an appropriate application signed by its leader (leaders):

a) after the Sakrebulo elections are called, not later than the 57th day before Election Day if it meets one of the following conditions:

a.a) it was registered for the last parliamentary elections;

a.b) it has a representative in the Parliament of Georgia by the date the elections are called;

b) from 1 January to 15 July of the year of the elections of municipality bodies, if it fails to meet any of the conditions under subparagraph (a) of this paragraph.

2. A party which fails to meet any of the conditions under paragraph (1)(a) of this article shall, within 60 days after a sample list of supporting voters is received but not later than 1 August, submit to the CEC the list of not less than25 000 voters supporting the party in the elections of a municipality representative body Sakrebulo. The list of supporters shall be verified by an appropriate CEC office under the procedure and within the time limit established by Article 38 of this Law. During the election period, the appropriate CEC office shall verify the lists of supporters and shall submit the report to the CEC chairperson within 2 days after the lists are submitted.

3. (Deleted – 7.3.2014, No 2093).

4. The application shall be attached with an excerpt from the register of political associations of citizens (parties) issued by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry, before the application was submitted to the CEC, within the last 10 days, with indication of a person (persons) authorised to be the head/representative of a party. At the time of registration of the party, to verify/confirm the authenticity of the data in the excerpt issued by the Legal Entity under Public Law operating under the Ministry of Justice of Georgia – the National Agency of Public Registry, the Agency shall provide the CEC with the possibility of accessing the bases of electronic data and verification.

5. The application shall include the following information about the party:

a) the name and/or its abbreviated name, if such is indicated in the statute of the political party. Additionally, the names and surnames, or only surnames of no more than three leaders of a political party may be indicated. The name by which the political party has been registered shall remain unchanged on the ballot paper;

b) first name, last name, address (according to the identity card of a citizen of Georgia or the Agency database), telephone number and a specimen signature of the leader(s);

c) the last name, first name, address (according to the identity card of a citizen of Georgia or the Agency database), telephone number of the representative;

d) in case there are several heads – the scope of powers for each head with respect to the election process.

6. The name and the abbreviated name of a political party referred to in paragraph 5(a) of this article shall not coincide with:

a) the official name and the abbreviated name of another party registered by the Ministry of Justice of Georgia (if they coincide, the political party may not use such name and abbreviated name);

b) the name and its short form used by another party/electoral bloc in the last parliamentary elections, if there is no consent from such party/electoral bloc.

7. The designated office of the CEC shall verify the application and its attached documents and shall submit its report to the CEC Chairperson not later than the day following submission of the application.

8. Not later than the day following submission of the report referred to in paragraph 7 of this article, the CEC Chairperson shall:

a) register the party and its representative for election purposes if the application filed and the documents attached meet the requirements of this Law;

b) submit a written notification to a representative of the party about any non-compliance of the filed application and the attached documents with the provisions of this Law (specifying the details of non-compliance) and give the party two days after receipt of notice for correction of the application and documents;

c) in the case provided for by paragraph 2 of this article, decide on the final registration of the party only after verifying the list of supporters.

9.A corrected application and documents provided for by paragraph 8(b) of this article shall be verified and the decision about electoral registration shall be made not later than the following day after their submission. If the corrected application and documents meet the requirements of this Law, the CEC Chairperson shall register the party and its representative for election purposes (except for cases provided for by paragraph 2 of this article). Otherwise, the CEC Chairperson shall, within the same timeframe, issue an ordinance refusing to provide electoral registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of this Law that are the basis for refusal). A representative of the party shall immediately be notified about the ordinance and shall be provided with a copy of the ordinance upon request. These procedures shall be completed not later than the on 37th day before Election Day.

10. If an application, attached documents (or a corrected application and documents), and the list of supporting voters under this article are submitted within the timeframe defined in this Law and meet the requirements thereof, the CEC Chairperson shall, based on a report of the respective CEC office, register the party and its representative for election purposes not later than the day following submission of the report. Otherwise, the CEC Chairperson shall issue an ordinance within the same timeframe about the refusal to provide electoral registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the provisions of this Law that are the basis for refusal). A representative of the party shall immediately be notified about the ordinance and shall be provided with a copy of the ordinance upon request.

11. (Deleted – 21.7.2018, No 3266).

12. The application shall include the following information concerning the electoral bloc:

a) the name and, if applicable, short title and/or abbreviation of the bloc, under which it participates in the elections, as well as the list of the parties united in the bloc;

b) first name, surname, address (according to the identity card of a citizen of Georgia or the Agency database) of the leader(leaders);

c) the last name, first name, address (according to the identity card of a citizen of Georgia or the Agency database), telephone number of the representative;

d) in case there are several head(s) – the scope of powers of each head with respect to the election process.

12. (Deleted – 21.7.2018, No 3266).

13. (Deleted – 21.7.2018, No 3266).

14. (Deleted – 21.7.2018, No 3266).

15. (Deleted – 21.7.2018, No 3266).

16. (Deleted – 21.7.2018, No 3266).

17. (Deleted – 21.7.2018, No 3266).

18. (Deleted – 21.7.2018, No 3266).

19. (Deleted – 21.7.2018, No 3266).

20. (Deleted – 21.7.2018, No 3266).

21. (Deleted – 21.7.2018, No 3266).

22. The CEC shall, not later than the 30th day before Election Day, publish on its official website the list of registered parties according to the order of submitting applications, and the list of parties that were refused registration, or whose registration was cancelled, and the reasons thereof.

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

Organic Law of Georgia No 4715 of 24 December 2015 – website, 29.12.2015

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 143 – Submission of party lists

1. In order to run in the elections of a municipality representative body Sakrebulo under the proportional electoral system, parties running in the elections shall submit the party lists to the appropriate DEC chairperson after the registration, not later than 30 days before the polling day.

2. Each party running in elections shall have the right to submit one party list.

3. Number of Sakrebulo candidates in the presented party list shall not be less than the number of members to be elected under the proportional system and shall not exceed triple that number.

4. A party list may only include a member of the given party or a person who is not a member of another party running in the elections.

5. The procedure for compiling party lists shall be defined by the parties. When compiling a party list, it shall be considered that the seats obtained by a party on the basis of the election results are distributed in succession, starting from the top of the list, and that maintaining gender balance is connected to the additional funding under the Organic Law of Georgia on Political Associations of Citizens.

6. The party list shall provide the following data for each candidate:

a) first and last names;

b) date of birth;

c) occupation;

d) position (activity);

e) place of work (if unemployed, indicate ‘unemployed’);

f) party affiliation (in the case of being a party member; and if not, indicate ‘nonpartisan’);

g) personal number of a citizen of Georgia;

h) place of registration;

i) if nominated in the local majoritarian electoral district – the name and number of the district;

j) if nominated as a candidate for the Mayor of the same municipality (except for Tbilisi municipality) – the name and number of the respective district.

7. A party list shall be certified by the signature of the leader of a party running in the elections.

8. The party list shall be accompanied by a photocopy of each candidate’s identity card of a citizen of Georgia or of the passport of a citizen of Georgia, a certificate on the deprivation of the right, 2 photos and 2 copies of a registration card signed by him/her, indicating the date of its completion. Along with the candidate’s personal data (the first name, last name, personal number of a citizen of Georgia, address (according to the identity card of a citizen of Georgia or the Agency’s database), date of birth), the registration card shall include the fact of the candidate’s residence in Georgia for 5 years and his/her consent to run in the elections under this party list.

9. For the elections of a municipality representative body Sakrebulo, an appropriate DEC shall forward registration cards to a party representative in advance. Immediately after the documents are received, the party representative shall be given a note with the date on it acknowledging the receipt of the documents.

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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

Judgment of the Constitutional Court of Georgia No 3/3/600 of 17 May 2017 – website, 29.5.2017

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

Organic Law of Georgia No 5772 of 17 March 2020 – website, 23.3.2020

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 144 – Nomination of candidates for member of a Sakrebulo in majoritarian electoral districts

1. The following entities shall have the right to nominate candidates for member of a municipality representative body Sakrebulo to an appropriate electoral district:

a) a party running in the elections;

b) a five-person initiative group of voters.

2. To nominate a majoritarian candidate in an electoral district, a party running in the elections shall, not later than the 30th day before the polling day, and an initiative group of voters shall, in accordance with Article 141 of this Law, submit a relevant application to an appropriate DEC.

3. The application shall specify the following information about a majoritarian candidate:

a) first and last name;

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

c) occupation;

d) position (activity);

e) place of work (if unemployed, specify ‘unemployed’);

f) personal number of a citizen of Georgia;

g) place of registration;

h) name of the electoral district, in which he/she is nominated as a majoritarian candidate;

i) party membership (if a party member, but if not, specify ‘non-partisan’).

4. An application for nomination of a majoritarian candidate for member of a municipality representative body Sakrebulo shall be forwarded to an appropriate election commission. The application shall be certified by signatures of the authorised persons of a party.

5. The application shall be accompanied by a photocopy of the candidate’s identity card of a citizen of Georgia or of the passport of a citizen of Georgia, a certificate on the deprivation of the right, 2 photos and 2 copies of a registration card signed by him/her. Along with the candidate’s personal data (the first name, last name, personal number of a Georgian citizen, address (according to the identity card of a citizen of Georgia or the Agency database), and date of birth), the application shall include the fact of the candidate’s residence in Georgia for 5 years and his/her consent to run in elections in an appropriate electoral district.

6. A majoritarian candidate nominated in an electoral district by a party running in the elections may at the same time be on the party list of a respective party.

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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 3269 of 21 July 2018 – website, 27.7.2018

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

Organic Law of Georgia No 5772 of 17 March 2020 – website, 23.3.2020

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 145 – Registration of party lists and candidates for members of a Sakrebulo nominated in a local majoritarian electoral district

1. During the Sakrebulo elections, the appropriate DEC chairperson shall examine the documents of the party list submitted by a party/electoral bloc and the documents submitted for the registration of a Sakrebulo nominee in the local majoritarian electoral district. The respective DEC chairperson shall, within two days of receiving the documents, but not later than 28th day before Election Day:

a) register for the elections a party list, Sakrebulo candidates nominated by the electoral subject, provided the submitted party list and the accompanying documents, as well as the registration documents of a Sakrebulo majoritarian candidate meet the requirements referred to by this Law;

b) notify the representative of an electoral subject in writing of the non-conformity (if any) of the data in the party list and in its accompanying documents, as well as the non-conformity of the data in the registration documents of a Sakrebulo majoritarian candidate with the requirements referred to by this Law (specifying the details of non-conformity); a representative of the party/electoral bloc/initiative group of voters shall be given two days to bring the above list and documents in compliance with the requirements.  

2. The corrected details referred to in paragraph (1)(b) of this article shall be verified and the question of registration for elections shall be decided within three days after such details are submitted.

3. If the corrected details meet the requirements referred to by this Law, the respective DEC chairperson shall register for elections a Sakrebulo majoritarian candidate if a party list or that part of the party list that meets the requirements referred to by this Law (if the number of candidates in that part of the list is not less than the statutory minimum) and issue, within the same timeframe, an ordinance on refusing electoral registration to the rest of the candidates (the ordinance shall specify the reasons for refusal of registration and those legal provisions upon which the noncompliance  is based). The ordinance shall be immediately communicated to a representative of a party/electoral bloc/initiative group of voters and delivered to him/her upon request.

4. The respective DEC chairperson shall issue certificates to candidates for members of a municipality representative body Sakrebulo within three days after registration of candidates.

5. A candidate nominated in an electoral district shall be registered if the following documents are submitted:

a) a candidate’s registration card indicating the fact of his/her residence in Georgia for 5 years;

b) an application for nomination of the candidate endorsed by signatures of the leaders of the respective parties/electoral blocs;

c) two photos of the candidate;

d) the candidate’s consent to run in the elections.

6. A party list or a Sakrebulo candidate nominated by an electoral subject shall not be registered taking into account the requirement of paragraphs 1, 2 and 3 of this article, or their electoral registration shall be cancelled by an ordinance of the respective election commission chairperson or by court decision (in the case provided for in subparagraph (g) of this paragraph):

a) if the registration card does not indicate:

a.a) the candidate’s first name, last name;

a.b) the candidate’s personal number of a citizen of Georgia;

a.c) the candidate’s date of birth (day, month, year);

a.d) the candidate’s address (according to a Georgian citizen’s identity card or the Agency database);

a.e) the candidate’s party affiliation (in the case of party membership), and if the candidate has no party affiliation, the word ‘non-partisan’ shall be indicated;

a.f) the candidate’s position and work place; if unemployed, ‘unemployed’ shall be indicated;

a.g) the fact of a candidate’s residence in Georgia for 5 years;

a.h) the candidate’s consent to run for the Sakrebulo;

a.i) the name and number of the local majoritarian electoral district, in which the candidate is nominated as a majoritarian candidate;

a.j) the date of the completion of the registration card;

b) if the candidate entered on the party list is a member of any other party participating in the elections;

c) if the candidate is entered on more than one party list and there is or was his/her consent to be simultaneously included in more than one party list;

d) if the candidate entered on a party list gives a written consent to be nominated as a candidate by any other party/electoral group/initiative group of voters;

e) if there is or was a consent of a candidate for a Sakrebulo member to be simultaneously nominated as a candidate for another Sakrebulo member or Mayor;

f) if, not later than on the second day before Election Day, the number of candidates on a registered party list is lower than the minimum number established by this Law;

g) if the requirements of Article 47 of this Law have been violated.

7. The DEC chairperson shall not register a candidate if the requirements listed in paragraphs 5 and 6 of this article are not met.

8. (Deleted – 21.7.2018, No 3272).

81. (Deleted – 21.7.2018, No 3272).

9. (Deleted – 21.7.2018, No 3272).

10. (Deleted – 21.7.2018, No 3272).

11. (Deleted – 21.7.2018, No 3272).

12. (Deleted – 21.7.2018, No 3272).

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

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 3272 of 21 July 2018 – website, 30.7.2018

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 146 – Revocation of decisions on nomination of candidates

1. A party/an initiative group of voters may, after the registration, not later than 12 days before the polling day, revoke its own decision to nominate a candidate.

2. A candidate may withdraw his/her candidacy not later than 12 days prior to the polling day. To this effect, he/she shall submit an appropriate application to a respective DEC.

21. The procedures under paragraphs 1 and 2 of this article shall not apply to the second round of elections.

22. A party running in elections may, after the recognition of authority of the elected members of a Sakrebulo, revoke its own decision on nomination of a candidate for member of the Sakrebulo remaining on the party list. A party may not revoke its own decision on nomination of a candidate for member of the Sakrebulo remaining on the party list when the term of office of a member of the Sakrebulo elected under the same list is terminated until the authority of his/her successor is recognised. The candidate for member of Sakrebulo nominated by the party shall be withdrawn from the party list by an ordinance of the chairperson of a respective DEC, based on an application signed by the party leader, within 3 days after the application is submitted. Unless the application is granted within this time limit, the candidate for member of Sakrebulo shall be considered withdrawn from the party list as from the day following the expiry of the aforementioned time limit.

23. A candidate for MP of Georgia may withdraw his/her candidacy from a party list after the recognition of authority of the elected MPs by filing an application with the CEC. The candidacy shall be withdrawn by an ordinance of CEC Chairperson within three days after filing the application. If the application is not satisfied within this time, the candidate for MP shall be deemed withdrawn from the party list on the day following the end of the third day.

3. The DEC concerned shall immediately publish on the official CEC website the information on cancellation of a candidate’s registration or on revocation of a decision to nominate a candidate.

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

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 1461 Cancellation of electoral registration of registered initiative groups of voters

The chairperson of a relevant DEC shall by ordinance cancel the electoral registration of an initiative group of voters for elections of a municipal representative body Sakrebulo, provided:

a) the initiative group of voters applies for cancellation;

b) a candidate for Sakrebulo membership nominated by the initiative group of voters is not registered, or the electoral registration of a candidate for the Sakrebulo membership nominated by an initiative group of voters has been revoked;

c) all the members of an initiative group of voters have left the initiative group of voters.

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

 

Article 147 – Ballots

1. Two types of ballots shall be produced for the elections of municipality representative bodies Sakrebulos.

2. A ballot paper designated for the elections of a municipality representative body Sakrebulo held under the proportional electoral system shall include the names of parties according to the established sequence.

3. A ballot paper designated for the elections of a municipality representative body Sakrebulo to be held under the majoritarian electoral system shall include the sequence number, the first name and surname of all candidates nominated for election in an appropriate local majoritarian district. The name of the party shall be specified along the surname of a candidate nominated by the appropriate party, and the word ‘independent’ shall be specified along the surname of a candidate nominated by an initiative group of voters. Information about a candidate shall be entered into a ballot paper according to the sequence number defined by a respective DEC by casting lots not later than the 10th day before Election Day.

4. A voter shall circle the sequence number of not more than 1 party in a ballot paper designated for the elections of a municipality representative body Sakrebulo held under the proportional electoral system.

5. In the ballot paper designed for the local self-government representative body Sakrebulo elections held through the majoritarian electoral system that includes the data of candidates, voters shall mark the sequence number of not more than 1 candidate.

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Article 148 – Determination of election results held through the proportional electoral system

1. To determine the number of seats obtained by a party list, the number of votes received by the party list shall be multiplied by the number of the seats to be allocated under the proportional system in the electoral district and divided by the sum of the votes received by those parties that received not less than 4% of the votes cast in the elections. The integer part of the number thus determined shall be the number of seats obtained by the party list. The number of votes cast in the election shall not include the number of votes recorded on invalid ballot papers.

2. If the total number of seats obtained by party lists in an electoral district is less than the total number of seats, each unallocated seat shall first be allocated in sequence to the better polling party lists that failed to obtain a seat under paragraph 1 of this article, but received at least 4% of the votes cast in the election. If any undistributed seat(s) is/are still left, each seat shall be allocated in sequence to the party lists that acquired at least one seat and have the largest fractional remainder. The number of votes cast in the election shall not include the number of votes recorded on invalid ballot papers.

3. If none of the party lists obtain a seat under paragraph 1 of this article, one seat out of the number of seats to be allocated under the proportional system, shall be assigned to each of those subjects that received more votes than others. The number of votes cast in the election shall not include the number of votes recorded on invalid ballot papers.

4. If those two or more than two party lists to which one seat is to be assigned under paragraph 2 or 3 of this article receive equal number of votes, the seat shall be assigned to the party list that was registered earlier for Sakrebulo elections with the respective DEC.

5. Candidates whose sequence numbers in a party list are less or equal to the number of seats obtained by the given party shall be deemed elected to Sakrebulo through the proportional electoral system.

6. If a candidate for member of a Sakrebulo is elected either from a single-seat majoritarian district or on a party list, he/she shall be deemed elected from the single-seat majoritarian electoral district and shall be removed from the party list, while the next candidate on the list shall move up under the procedure provided for by this Law.

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

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

 

Article 149 – Determination of election results held through the majoritarian electoral system

1. A candidate receiving more votes than other candidates shall be deemed elected to a Sakrebulo through the majoritarian electoral system.

2. If two candidates receive an equal number of votes, the candidate who was registered first with the respective DEC shall be deemed elected.

 

Article 150 – Summarisation of Sakrebulo election results in DECs

1. A DEC may annul polling results in the electoral precinct where the law is grossly violated. Polling results may not be summarised in the DEC until a decision is made on complaints that could annul polling results in the precinct.

2. Elections shall be declared invalid in an electoral district if the number of invalid ballots in the district is more than half of the total number of voters participating in the election in that district and the results would affect the results of the election.

3. A DEC shall determine election results and draw up a protocol at its session.

4. During elections of a municipality representative body Sakrebulo, a DEC shall, based on protocols received from PECs, determine the following:

a) total number of voters;

b) number of participants in the election;

c) number of invalid ballot papers;

d) number of votes cast for each electoral subject.

5. A DEC summary protocol of election results shall indicate data provided for by Article 75(2) of this law.   A DEC summary protocol shall be drawn up in one copy that shall be transferred to the CEC not later than the day following the day of summing up the results of elections.

6. One certified photocopy of a summary protocol of the Sakrebulo election results shall be kept at respective DEC. Certified photocopies of the protocol shall be forwarded to the credentials committee of a respective Sakrebulo, and to representatives of the parties.

7. A DEC shall, after summarising results, immediately post a copy of the summary protocol of election results in a visible place for public availability.

8. A DEC shall publish information on the official CEC website of the results of Sakrebulo elections in the respective districts within 10 days after election results are summarised. The information shall also include party affiliation (if a Sakrebulo member has no party affiliation, the word ‘non-partisan’ shall be indicated), date of birth, occupation, position, and place of work of elected Sakrebulo members.

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

Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 151 – Convening of the first session of a municipality representative body Sakrebulo

The CEC shall convene the first session of a municipality representative body Sakrebulo throughout the territory of Georgia within 30 days after the final results of elections are summarised.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 152 – Repeat and re-run voting

1. If polling is declared void in an electoral precinct, the CEC shall call repeat voting that shall be conducted within two weeks after the polling day. Repeat voting shall be held only if the difference between the candidate with the best results and the following candidate with the best results out of the candidates to be elected to the municipal representative body Sakrebulo is less than the total number of voters in the same electoral precinct or in invalidated electoral precincts.

2. If polling results are annulled in electoral precincts during repeat voting, the respective DEC shall summarize the election results held in the electoral district without considering results from those precincts.

3. If elections are declared invalid in an electoral district, re-run voting shall be held within two weeks.

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

 

Article 153 – Registration of elected members of a municipality representative body Sakrebulo

The respective DEC chairperson shall, within five days after summarisation of final results of elections, register persons elected as members of a municipality representative body Sakrebulo and shall provide them with appropriate certificates of election.

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

                  

Article 154 – Procedure for filling vacancies of the Sakrebulo members

1. If the term of office of a Sakrebulo member elected through the proportional system terminates early, his/her successor, the next candidate on the same party list, shall take his/her place in the Sakrebulo within two weeks, provided that the candidate accepts membership in the Sakrebulo within ten days after being notified by the relevant DEC. If no candidate is left in the submitted party list, the seat shall be eliminated.

2. (Deleted – 21.7.2018, No 3266).

3. If powers of a Sakrebulo member elected through the majoritarian system are prematurely terminated, by-elections shall be held under the procedure established by this Law. If powers of a Sakrebulo member are terminated between the period from 15 February to 15 July, by-elections shall be held in October of the same year, and if powers of a Sakrebulo member are terminated between the period from 15 July to 15 February, by-elections shall be held in the nearest May. By-elections of Sakrebulo shall not be held in the year of regular elections of local self-government bodies.

4. Not later than the 50th day before Election Day, the CEC shall set the date for by-elections and the timeframes for election events by an ordinance, taking into account the timeframes specified in paragraphs 5 and 6 of this article.

5. To participate in the Sakrebulo by-elections, a party referred to in Article 142(1)(a) of this Law, and a party registered for participation in the last elections of municipality bodies, shall file an application to the CEC not later than the 47th day before Election Day. A party that fails to meet this condition shall submit an application to the CEC within the same time limit. Upon the receipt of the application, the CEC shall pass such party a sample list of party supporters to collect supporter signatures. An initiative group of voters shall file an application to a respective DEC within the same time limit. The initiative group of voters and a candidate it has nominated shall be registered under the procedure established by Article 141 of this Law.

6. The party, the registration of which under paragraph 5 of this article requires presentation of the list of party supporters, shall present to the CEC the list of voters supporting the party’s participation in Sakrebulo elections not later than the 40th day before Election Day. 

7. The candidate winning by-elections shall replace the Sakrebulo member elected through the majoritarian system for the remaining term of office.

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

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 1541 – Extraordinary Sakrebulo elections

1. In the event of early dissolution/termination of the term of office of the Sakrebulo, extraordinary elections shall be held for the Sakrebulo concerned. No extraordinary elections shall be held if at the moment when the Sakrebulo is dissolved, or its term of office is terminated, less than one year remains until the expiration of the term of office of the Sakrebulo concerned.

2. Extraordinary elections of a Sakrebulo shall be called by the President of Georgia with the countersignature of the Prime Minister of Georgia not earlier than the 8th day and not later than the 10th day after coming of an appropriate legal act on premature dissolution/premature termination of powers of the Sakrebulo. The elections shall be held not later than the 50th day after the elections are called.

21.In the case provided for in paragraph 1 of this article, if, under the Organic law of Georgia Local Self-government Code, powers of the executive body of a municipality – Mayor is prematurely terminated, extraordinary elections of the executive body of a municipality – Mayor shall be called and held under the procedure and within the time limits established by paragraph 2 of this article.

3. In extraordinary elections, the Sakrebulo shall be elected for the remaining term of office of the Sakrebulo.

4. A party and an initiative group of voters shall run in extraordinary Sakrebulo elections under the procedures established by Article 154(5) and (6) of this Law. Time limits for holding extraordinary Sakrebulo elections shall be set by the CEC by ordinance not later than the 49th day before Election Day.

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

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

 

Chapter XVII – Elections of the Sakrebulo of the Capital of Georgia – Tbilisi

 

Article 155 – Elections of Tbilisi municipality Sakrebulo

1. During elections of Tbilisi municipality representative body – Sakrebulo (‘Tbilisi Sakrebulo’), the norms determined by this Law shall be applied unless otherwise provided for by this Chapter.

2. During a state of emergency or martial law, elections of the Tbilisi Sakrebulo shall not be conducted. If the term of the election coincides with a state of emergency or martial law, elections shall be held within 60 days after the lifting of the state of emergency or martial law.

3. Elections of the Tbilisi Sakrebulo are held under the majoritarian and proportional electoral systems.

4. The Tbilisi Sakrebulo is composed of 50 members, out of which 25 members are elected in the territory of local single-seat majoritarian electoral districts, and 25 – through the proportional electoral system in the whole territory of Tbilisi municipality.

5. Considering the number of voters and existing boundaries of territorial units of the districts of Tbilisi municipality, the CEC shall by ordinance, within five days after calling of elections, set up local single-seat majoritarian electoral districts of Tbilisi municipality and shall define their boundaries.

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 156 – Electoral districts

1. There are ten electoral districts set up for Tbilisi Sakrebulo elections to be held under the proportional electoral system:

a) Mtatsminda;

b) Vake;

c) Saburtalo;

d) Krtsanisi;

e) Isani;

f) Samgori;

g) Chughureti;

h) Didube;

i) Nadzaladevi;

j) Gldani.

2. The CEC shall exercise the functions of an election commission in summarising the election results of the Tbilisi Sakrebulo held through the proportional system.

3. Election results of the Tbilisi Sakrebulo held under the majoritarian electoral system shall be summarised and determined by the relevant DEC.

 

Article 157 – Right to participate in Tbilisi Sakrebulo elections

1. A party and candidates nominated by a party and by a five-person initiative group of voters shall have the right to participate in the Tbilisi Sakrebulo elections, provided that they are registered by the election commission defined by this Law.

2. Only a party shall have the right to participate in the elections held under the proportional electoral system and to obtain a seat of a member of Tbilisi Sakrebulo.

3. A candidate nominated by a party/an initiative group of voters shall have the right to run in the local single-seat majoritarian elections of Tbilisi Sakrebulo. An individual may only be nominated in one single-seat majoritarian electoral district.

4. A person nominated as a candidate in the Tbilisi Sakrebulo elections may not be simultaneously nominated as a candidate in the elections of the Mayor of Tbilisi, or for the Sakrebulo or Mayor of any other municipality.

5. Incompatibility of the status of a candidate in the Tbilisi Sakrebulo election with his/her official capacity shall be determined by Article 136 of this Law. Article 117(5)(e) of this Law shall not apply to the incompatibility of the status of a candidate.

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

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

 

Article 158 – Submission of party lists

1. To obtain seats of the Tbilisi Sakrebulo members under the proportional electoral system, a party shall submit party lists to the CEC not later than 30 days before the polling day.

2. Party lists of candidates to be elected in the Tbilisi Sakrebulo through the proportional electoral system shall include not less than 50 and not more than 100 candidates.

3. A party list may include a candidate nominated in the majoritarian electoral district. In such a case, a party list shall make a note of the nomination of the candidate for a single-seat majoritarian electoral district.

4. A party list may include members of the party and those individuals who are not members of another party running in the elections. A party shall have the right to nominate as a candidate for membership of Tbilisi Sakrebulo a legally competent citizen of Georgia, who has a command of the state language of Georgia and who has attained 21 years of age by the polling day.

5. The procedure for compiling a party list shall be defined by the parties. When compiling a party list, it shall be considered that the seats obtained by a party according to the election results are distributed in succession, starting from the top of the list.

6. Party list shall indicate the following information on each candidate:

a) first and last name;

b) date of birth;

c) occupation;

d) position (activity);

e) place of work (if unemployed, specify ‘unemployed’);

f) party affiliation (if not a party member, specify ‘non-partisan’);

g) personal number of a citizen of Georgia;

h) address (according to a Georgian citizen’s identity card or the Agency database);

i) name of the local single-seat majoritarian electoral district in the case of nomination as a majoritarian candidate.

7. A party list shall be certified by the signature of the leader of a party running in the elections.

8. The party list shall be accompanied by a photocopy of each candidate’s identity card of a citizen of Georgia or of the passport of a citizen of Georgia, a certificate on the deprivation of the right, 2 photos and 2 copies of the registration card signed by him/her, indicating the date of its completion. Along with the candidate’s personal data (the first name, last name, personal number of a Georgian citizen, address (according to the identity card of a citizen of Georgia or the Agency database), date of birth), the registration card shall indicate the fact of the candidate’s residence in Georgia for 5 years his/her consent to run in elections under this party list.

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

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

Organic Law of Georgia No 5772 of 17 March 2020 – website, 23.3.2020

 

Article 159 – Nomination of a majoritarian candidate for membership of Tbilisi Sakrebulo

1. The following entities shall have the right to nominate candidates for election to Tbilisi Sakrebulo under the majoritarian electoral system:

a) a party running in the elections;

b) a five-person initiative group of voters.

2. A party and an initiative group of voters shall have the right to nominate as a majoritarian candidate for membership of Tbilisi Sakrebulo a legally competent citizen of Georgia, who has a command of the state language of Georgia and who has attained 21 years of age by the polling day.

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

 

Article 1591Cancellation of a decision on nominating a candidate for the membership of Tbilisi Sakrebulo 

1. A candidate for member of Tbilisi Sakrebulo may withdraw his/her candidacy not later than on the 12th day prior to the polling day. To this effect, he/she shall submit an appropriate application to the CEC.

2. After recognition of the authority of members of Tbilisi Sakrebulo elected in the Tbilisi Sakrebulo elections, in case of revocation of the decision on nominating a candidate for Tbilisi Sakrebulo membership remaining on the party list by a party running in the elections, the nominated candidate for membership of Tbilisi Sakrebulo shall be withdrawn from the party list by an ordinance of the CEC chairperson.

3. After the recognition of authority of an elected member of Tbilisi Sakrebulo, in the case of withdrawing his/her candidacy for the Sakrebulo membership, a candidate shall file an appropriate application to the CEC. His/her candidacy shall be removed from the party list by an ordinance of the Chairperson of the CEC.

4. The CEC shall immediately publish a notification about the registration of a candidate for the membership of Tbilisi Sakrebulo and the cancellation of the decision on the nomination of the candidate.

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 160 – Ballot papers

1. During Tbilisi Sakrebulo elections, a voter shall be given one majoritarian ballot paper and one proportional ballot paper.

2. Voters participating in the elections shall mark only one assigned sequence number on the ballot paper.

 

Article 161 – Ascertaining the results of majoritarian elections of the Tbilisi Sakrebulo

A majoritarian candidate receiving the most number of votes in a single-seat majoritarian electoral district shall be deemed elected to the Tbilisi Sakrebulo. If two candidates receive an equal number of votes, the candidate who was the first to file an application for registration with the relevant DEC, shall be deemed elected.

 

Article 162 – Procedure for allocating seats in the Tbilisi Sakrebulo under the proportional system

1. Seats in the Tbilisi Sakrebulo shall be allocated under the proportional system only to electoral subjects that received at least 4% of votes cast in the election. Seats shall be allocated under this article.

2. To determine the number of seats obtained by a party list, the number of votes received by the party list shall be multiplied by 25 and divided by the sum of the votes received by those parties that received not less than 4% of the votes cast in the elections. The whole part of the figure obtained is the number of seats received by the party list. The number of votes cast in the elections shall not include the number of votes recorded on the ballot papers declared invalid.

3. If the sum of the seats received by party lists is less than 25, each undistributed seat shall first be allocated, in sequence to the better polling party lists that failed to obtain a seat under paragraph 1 of this article, but received at least 4% of the votes cast in the elections. If any undistributed seat(s) is/are still left, each seat shall be allocated in sequence to the party lists that obtained at least one seat and have the largest fractional remainder. The number of votes cast in the elections shall not include the number of votes recorded on invalid ballot papers.

4. If none of the party lists obtains a seat under paragraph 2 of this article, each seat shall be awarded to those 25 subjects that received more votes than others. The number of votes cast in the elections shall not include the number of votes recorded on invalid ballot papers.

5. If those two or more than two party lists, to which one seat is to be allocated under paragraph 3 or 4 of this article, receive an equal number of votes, the seat shall be awarded to the party list that was earlier registered for the elections with the CEC. 

6. The candidates whose serial numbers on a party list are less than or equal to the number of seats acquired by the party list, shall be deemed to have been elected to the Sakrebulo through the proportional electoral system.

7. If a Sakrebulo candidate is elected both from a single-seat majoritarian district and through a party list, he/she shall be deemed to have been elected from the single-seat majoritarian electoral district, shall be removed from the party list, and the candidate shall be replaced in the list as provided for by this Law.

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

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

 

Article 163 – Registration of members elected to Tbilisi Sakrebulo

Within five days of the summarisation of the final results of the elections, the CEC shall register the members of the Tbilisi Sakrebulo and issue appropriate certificates to them certifying their election.

 

Article 164 – Procedure for replacement of a member withdrawn from Tbilisi Sakrebulo

1. If the authority of a member of Tbilisi Sakrebulo elected under the proportional system is prematurely terminated, his/her place in Sakrebulo shall be taken, within 2 weeks, by his/her replacement, by a candidate who is the following in sequence on the party list, if he/she gives consent to becoming a member of Sakrebulo within 10 days after being notified by the CEC. If there is no candidate on the party list submitted, the seat shall be annulled.

2. (Deleted – 21.7.2018, No 3266).

3. The replacement of a withdrawn member of Tbilisi Sakrebulo elected under the proportional system shall, within 10 days after being notified by the CEC, give consent to the membership of Sakrebulo. Otherwise, the vacancy shall be filled by a candidate who, in the same party, is the following in sequence on the party list, etc. If there is no candidate on the party list submitted, the seat shall be annulled.

4. If powers of a Tbilisi Sakrebulo member elected through the majoritarian electoral system are prematurely terminated, by-elections shall be held under the procedure established by this Law. If powers of the Sakrebulo member are terminated between a period from 15 February to 15 July, by-elections shall be held in October of the same year, and if powers of the Sakrebulo member are terminated between the period from 15 July to 15 February, by-elections shall be held in the nearest May. By-elections of Tbilisi Sakrebulo shall not be held in the year of regular elections of local self-government bodies.

5. The CEC shall set the date of by-elections by ordinance. The CEC shall set the timeframes for election events by ordinance not later than the 50th day before Election Day.

6. Candidates, who have won the by-elections, shall take the places of Tbilisi Sakrebulo members withdrawn, elected through the majoritarian system for the remaining term of office of the Sakrebulo.

7. To run in the Tbilisi Sakrebulo by-elections, a party referred to in Article 142(1)(a) of this Law, which was registered for the last elections of municipality bodies, shall file an application to the CEC not later than the 47th day before Election Day. A party which fails to meet this condition shall file an application to the CEC within the same time limit. Upon receiving of the application, the CEC shall forward to such party a sample list of party supporters to collect supporter signatures. An initiative group of voters shall file an application to the CEC within the same time limit. The initiative group of voters and a candidate it has nominated shall be registered under Article 141 of this Law.

8. The party, the registration of which under paragraph 7 of this article requires the presentation of the party supporter list, shall present to the CEC, not later than the 40th day before Election Day, the list of voters supporting the party to run in the Sakrebulo elections.

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

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

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020

 

Chapter XVIII – Mayoral Elections of a Self-governing City/Community

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 165 – Mayoral Elections of a Self-governing City/Community

1. Mayoral elections of a self-governing city/community shall be held according to the norms established by this Law, unless otherwise provided for in this Chapter.

2. A Mayor of a self-governing city/community shall be elected by universal, equal and direct suffrage by secret ballot.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

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 166 – Electoral Districts

1. A self-governing unit shall constitute one electoral district for Mayoral elections.

2. For the election of the Mayor of the capital of Georgia – Tbilisi, Tbilisi shall be one electoral district comprising the electoral districts set up under Article 156(1) of this Law.

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 167 –Registering Mayoral candidates and determining their serial numbers

1. A citizen of Georgia from the age of 25 with the right to vote who has resided in Georgia for at least 5 years may be elected as a Mayor.

2. (Invalidated– Judgment of the Constitutional Court of Georgia of 14 April 2016 No 3/2/588 – website, 4.5.2016).

21. A party registered under Article 142 of this Law, and an initiative group of voters registered under Article 141 of this Law shall have the right to nominate a candidate for Mayor not later than the 30th day before the polling day.

3. The incompatibility of the Mayoral candidate’s status with his/her office shall be determined under Article 136 of this Law. Article 117(5)(e) of this Law shall not apply to the incompatibility of the Mayoral candidate’s status with his/her office.

4. A party/an initiative group of voters shall submit documents for registration of a candidate for Mayor to an appropriate DEC. The candidate for Mayor of Tbilisi shall be an exception, whose documents shall be submitted to the CEC. The documents submitted for registration of a candidate for Mayor shall be verified by the chairperson of an appropriate election commission, who, within 2 days after the documents are submitted but not later than the 28th day before Election Day, shall:

a) conduct the electoral registration of a candidate for Mayor, provided that the registration documents of the candidate for Mayor comply with the requirements under this Law;

b) give a written notice to a representative of a party/an initiative group of voters, which nominated the candidate for Mayor, of any noncompliance of the data in the registration documents with the requirements established by this Law (specifying the noncompliance), if such noncompliance exists. The representative of the party/initiative group of voters shall be allowed 2 days to improve the documents.

5. The corrected data referred to in paragraph (4)(b) of this article shall be checked and the decision whether to register the candidate shall be made within two days after the data are submitted.

6. If the corrected data conform to the requirements contained in this Law, the chairperson of the election commission concerned shall register the candidate for Mayoral elections. In the case of nonconformity, the chairperson of the election commission shall issue an ordinance denying registration for the election (the ordinance shall specify the reasons for denial of registration, as well as the requirements of those legal provisions which form the basis for the refusal). The ordinance shall be immediately communicated to the nominating electoral subject and delivered to it upon request.

7. Within three days after registration of a Mayoral candidate, the chairperson of the appropriate electoral commission shall hand him/her a candidate’s certificate. 

8. A candidate for Mayor shall be registered if the following documents are submitted:

a) the registration card of a candidate;

b) an application for nomination of a candidate certified by signatures of the head officers;

b1) an application for nomination of a candidate certified by signatures of the party leader(leaders), and of members of an initiative group of voters;

c) two photos;

d) a photocopy of a candidate’s identity card of a citizen of Georgia, or of the passport of a citizen of Georgia;

e) a certificate on the deprivation of the right.

9. Decision of an electoral subject nominating a candidate on the nomination of a candidate for Mayor shall be attached with a registration card indicating the candidate’s:

a) first name, last name;

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

c) sex;

d) address (according to the identity card of a citizen of Georgia or the Agency database);

e) personal number of a citizen of Georgia;

f) place of work (name of the institution, organisation, enterprise, etc.);

g) position; indicate ‘unemployed’ if unemployed;

h) party affiliation; indicate ‘nonpartisan’ if not a member of any party;

i) fact of residence in Georgia for 5 years;

j) consent to run in the elections of Mayor;

k) signature and date of signature.

10. A Mayoral candidate shall not be registered based on the requirements of paragraphs 4-6 of this article, and the registration of an already registered candidate shall be cancelled by  an ordinance of the chairperson of the respective DEC, or for the elections of the Mayor of Tbilisi, by an ordinance of the CEC chairperson (in the cases specified in subparagraphs a-c of this paragraph), or by a court decision (in the case specified in subparagraph d of this paragraph), if the applications and documents submitted to the election commission fail to meet all the requirements of this Law or if any other conditions referred to by this Law are not met, in particular:

a) if data in the applications and documents are incomplete or inaccurate;

b) if there is or was a Mayoral candidate’s consent to run simultaneously for Mayor in another municipality and/or for another Sakrebulo;

c) if the requirements under paragraph 3 of this article are not met;

d) if the requirements under Article 47(1) and/or Article 48 of this Law are not met.

11. (Deleted – 21.7.2018, No 3272).

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

Judgment of the Constitutional Court of Georgia of 14 April 2016 No 3/2/588 – website, 4.5.2016

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

Judgment of the Constitutional Court of Georgia of 17 May 2017 No 3/3/600 – website, 29.5.2017

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 3272 of 21 July 2018 – website, 30.7.2018

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

Organic Law of Georgia No 5772 of 17 March 2020 – website, 23.3.2020

Organic Law of Georgia No 5773 of 17 March 2020 – website, 23.3.2020

 

Article 168 – Cancelling a decision to nominate a Mayoral candidate

1. A party/an initiative group of voters may, after registration, not later than 12 days before the polling day, revoke its own decision to nominate a candidate for Mayor.

2. A candidate may, not later than 12 days prior to the polling day, withdraw his/her candidacy. To this effect, he/she shall submit an appropriate application to a respective election commission.

3. The rules referred to in paragraphs 1 and 2 of this article shall not apply to the second round of elections.

4. The respective election commission shall immediately publish on the official CEC website information on a candidate’s registration, as well as information on cancellation of the decision to nominate a candidate.   

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

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 3266 of 21 July 2018 – website, 13.8.2018

 

Article 169 – Summarisation of the results of Mayoral elections

1. The results of Mayoral elections shall be verified and summarised by the respective DEC, and the results of the elections of Mayor of Tbilisi shall be summarised by the respective DECs and verified by the CEC. 

2. A candidate who receives more than 50% of votes cast shall be deemed to have been elected Mayor. The number of votes cast in the elections shall not include the number of votes recorded on invalid ballot papers.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

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 1691 – Second round of Mayoral elections and re-run elections

1. If a candidate fails to receive the necessary number of votes under Article 169 of this Law in the Mayoral elections, a second round of elections shall be called. The two candidates with the highest number of votes in the first round shall participate in the second round. If more than two candidates receive an equally high number of votes, or if several candidates following the top candidate receive an equal number of votes, all those candidates shall take part in the second round.

2. The second round (rounds) of a Mayoral election shall be called by the CEC upon summarising the first round results. The second round (rounds) of a Mayoral election shall be held on the third Saturday after the election.

3. The candidate who received the highest number of votes shall be deemed elected in the second round of the elections. If the candidates receive an equal number of votes, the candidate who received more votes in the first round shall be deemed elected. If the number of those votes is equal as well, the candidate who was registered earlier shall be deemed the winner.

4. If the registration of one or both of the candidates proceeding to the second round of elections is cancelled or if a candidate dies, re-run elections shall be held two months from the cancellation/death. The CEC shall fix the date of elections within three days after the above fact occurs.

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

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

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

Article 1692 – Mayoral Extraordinary elections

1. If powers of a Mayor are prematurely terminated, the extraordinary elections shall be called by the CEC by ordinance. The elections shall be held not later than on the 50thday after the elections are called. The CEC shall set by an ordinance the timeframes for the election arrangements not later than on the 49th day prior to the Election Day.

2. If powers of a Mayor are prematurely terminated, the extraordinary elections shall be held in May or October under the procedure established by this Law. If powers of a Mayor are terminated between the period from 15 February to 15 July, the extraordinary elections shall be held in October of the same year, and if powers of a Mayor are terminated between the period from 15 July to 15 February, the extraordinary elections shall be held in the nearest May. The extraordinary Mayoral elections shall not be held in the year of regular elections of municipal bodies.

21. Procedures established by paragraphs 1 and 2 of this article shall not apply to the case under Article 1541 of this Law.

3. In extraordinary elections, a Mayor shall be elected for the remaining term of office of the Sakrebulo of the respective municipality.

4. (Invalidated – Judgment of the Constitutional Court of Georgia of 14 April 2016 No 3/2/588 – website, 4.5.2016).

41. To participate in extraordinary Mayoral elections, a party referred to in Article 142(1)(a), and a party registered for participation in the last elections of the municipality bodies, shall file an application to the CEC not later than the 47th day before Election Day. A party that fails to meet this condition shall file an application to the CEC within the same time limit, while an initiative group of voters shall file an application to a respective election commission. Upon receiving of the application, the CEC shall forward to such party a sample list of party supporters to collect supporter signatures, and the respective election commission shall forward to the initiative group of voters a sample list of supporters to collect signatures of the supporters of a Mayoral candidate it has nominated.

5. A party whose registration under paragraph 41of this article requires the presentation of a party supporters list, and the initiative group of voters shall present to the CEC or to the respective election commission a list of voters supporting the participation in the Mayoral elections of the candidate nominated by the party/initiative group of voters not later than on the 40th day before Election Day.

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

Judgment of the Constitutional Court of Georgia of 14 April 2016 No 3/2/588 – website, 4.5.2016

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

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Chapter XIX – Referendum and Plebiscite

 

Article 170 – General provisions

The regulatory norms for organizing, conducting and ascertaining election results provided for by the first chapter of this Law shall be used during the organisation, conduct and summarisation of the results for a referendum unless otherwise determined by this chapter.

 

Article 171 – Conducting a referendum

1. The President of Georgia may, at the request of the Parliament of Georgia, the Government of Georgia, or not less than 200 000 voters, set referendum within 30 days after receiving the request to set it.

2. A Referendum cannot be held in the case of:

a) an armed attack on Georgia;

b) martial law;

c) public disorder, military takeover, armed rebellion, ecological disasters and epidemics or in other cases when state bodies are unable to duly apply their constitutional powers.

3. A Referendum cannot be appointed on the same issue within one year after the date when the results of a referendum conducted on the same issue were officially published.

4. Referenda shall be organised and held in the Georgian language in Georgia, and also in the Abkhazian language in Abkhazia.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

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

 

Article 172 – Referendum issues

1. A referendum can be held on especially important state issues, including issues and principles provided for by the Constitution of Georgia, Laws of Georgia, International Treaties and Agreements of Georgia.

2. A referendum may not be held:

a) for the purpose of adopting or repealing a law;

b) for amnesty or pardon;

c) on ratification or denunciation of an international agreement; 

d) on an issue which allows for the restriction of a fundamental constitutional human right.

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

 

Article 173 – Calling of a plebiscite and rules for its conduct

1. A plebiscite is a public opinion poll with the purpose of learning the opinion of the Georgian electorate or part of it, concerning particularly important state issues.

2. The Prime Minister of Georgia shall call a plebiscite.

3. The results of a plebiscite shall be recommendatory to state bodies.

4. The rules determined by this Law shall be applied to the conduct of a plebiscite except for provisions under Article 171.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

 

Article 174 – Appointment of a referendum

1. The President of Georgia shall set a referendum by an edict, which needs the countersignature of the Prime Minister of Georgia, except when a referendum is set at the request of the Government of Georgia.

2. The CEC shall organise and hold a referendum.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

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

 

Article 175 – Initiative group for holding a referendum

1. If the initiative to hold a referendum comes from the voters, an initiative group shall be set up. The list of the initiative group shall include each member’s first name, last name, place of residence and a contact phone number. An initiative group shall clearly and specifically formulate the issues proposed for the referendum.

2. An initiative group shall apply to the CEC with a request to register the issue to be submitted for the referendum by the initiative group. The issue should be formulated in agreement with the initiative group.

3. The CEC shall register the issue proposed for a referendum and the composition of the initiative group, and publish information about such registration and the address of the initiative group on its official website.

4. The issue proposed for a referendum shall be included in the papers of voter signatures.

5. A registration certificate shall be issued to the initiative group within a month after applying for registration. Registration may be denied if the requirements of this Law are not met.

6. An initiative group shall be authorised to appeal a registration denial to the corresponding district (city) court within five days after the decision. The court shall consider the appeal and make a decision within five days, and that can be further appealed according to rules determined by Georgian legislation.

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

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

 

Article 176 – Rule and terms for collecting signatures

1. An initiative group shall start the collection of signatures from the day of receipt of the registration certificate.

2. Signatures shall be collected on a sample paper as determined by the CEC and agreed with the initiative group. Each such paper shall be signed by not more than 50 citizens; the signatories shall include their first and last name, date of birth, number of the personal identification card, address and the date of signature. A person responsible for collecting the signatures shall sign every paper filled out with the above data indicating his/her address. The signature of a person responsible for collecting the signatures shall be attested by a notary.

Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020

 

Article 177 – Review of the results for collecting signatures

1. The completed signature pages shall be forwarded to the initiative group that will summarize information about the results of collecting signatures, and together with the signature pages will forward it to the CEC not later than three months from the date of receipt of the registration certificate.

2. The CEC shall inspect the submitted materials and if it decides that they meet the requirements of this Law, the CEC shall submit its report and the request of the initiative group to conduct a referendum to the President of Georgia not later than one month after receipt of the materials.

3. If a citizen signs a statement on holding a referendum two or more times, all of his/her signatures shall be deemed invalid.

 

Article 178 – Making decision with regard to the request on holding a referendum

1. The President of Georgia shall make one of the following decisions regarding the request for holding a referendum:

a) appoint a referendum date;

b) provide a well-grounded refusal to hold a referendum.

2. An edict of the President of Georgia on the reasoned refusal of the request to set the date for a referendum or to hold a referendum shall be published within 30 days after receiving the request of the Parliament of Georgia/the Government of Georgia for holding a referendum, and after receiving the CEC report under Article 177 of this Law. The aforementioned edict of the President of Georgia shall need the countersignature of the Prime Minister of Georgia, except when a referendum is set at the request of the Government of Georgia.

3. An edict on holding a referendum shall specify the date of the referendum and the exact wording of the issue put up for referendum. The edict shall be published through the official press and other media for public availability within not later than three days after the issue of the ordinance.

4. The Government of Georgia shall, within seven days after the publication of the edict of the President of Georgia on appointment of a referendum date, adopt a resolution for the arrangement of the referendum, which shall determine the funding and other referendum-related issues.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

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

 

Article 179 – Terms for conducting a referendum

1. A referendum shall be held not earlier than two months and not later than six months from the date of a decision by the President of Georgia to hold the referendum.

2. In exceptional cases, the President of Georgia shall be authorised to define another date for holding a referendum.

 

Article 180 – Withdrawal of a request for holding a referendum

The Parliament of Georgia, the Government of Georgia, an initiative group of voters shall have the right to withdraw its request for holding a referendum before the President of Georgia makes a decision to hold the referendum.

Organic Law of Georgia No 1019 of 6 September 2013 – website, 23.9.2013

 

Article 181 – Election commissions

The CEC, DECs, and PECs shall ensure the organisation and conduct of a referendum.

 

Article 182 – Participation of initiative group members in the work of referendum commissions

In case a referendum has been called at voter request, the initiative group shall be eligible to appoint its representative to the election commissions.

 

Article 183 – Summarising the referendum results and enforcement of the decision

1. A Referendum issue shall be deemed adopted if more than half of the referendum participants vote in favour of it. The number of votes cast in the election may not include the number of votes recorded on invalid ballot papers.

2. It is prohibited to make a decision on the referendum in the period between calling a referendum and publishing the referendum results.

3. The decision taken as a result of the referendum shall be enforced from the date of its publication; it shall have a legal force and is final. The results of a referendum have a direct effect.

4. Legislative and executive authorities of Georgia are obliged to harmonize Georgian legislation and other legal acts with the referendum results within one month.

5. A decision made as a result of the referendum may be changed or cancelled only by holding another referendum.

6. The Constitutional Court of Georgia has the right to invalidate the referendum results under the procedures as provided for by the law.

 

Chapter XX – Transitional and Final Provisions

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 184 – Temporary procedure for the participation of voters in elections, who were deregistered according to the place of residence, or whose registration has been declared void by a decision of the Agency, or who are registered without indication of address

1. A voter holding a legally effective identity card of a citizen of Georgia or a passport of a citizen of Georgia, and who has been deregistered according to his/her place of residence, or whose registration has been declared invalid by decision of the Agency, shall be entered into the unified list of voters according to his/her last place of registration (address) or actual (temporary) place of residence (address). If there is no actual (temporary) place of residence (address) recorded in the Agency’s electronic database, a respective voter shall visit the Agency not later than the 21st day from fixing the elections until the Election Day and specify his/her actual (temporary) place of residence (address), and take a photo in digital format. In such a case, the voter shall be exempted from payment of the service fee related to taking a photo under Ordinance No 508 of 29 December 2011 of the Government of Georgia on Approval of the Time Limits for Services Rendered by the Legal Entity under Public Law Operating within the Ministry of Justice of Georgia – the Public Service Development Agency, and by Consular Officials within Their Delegated Powers, the Amounts of Fees Set for the Services Rendered, and the Procedure for Payment of the Fee.

2. A person registered without indication of address and holding a legally effective identity card of a citizen of Georgia, or a passport of a citizen of Georgia shall be entered into the unified list of voters according to his/her actual (temporary) place of residence (address) recorded in the Agency’s electronic database, and if there is no such address recorded in the database, the person registered without indication of address shall, in order to vote in the elections, visit the Agency not later than the 21st day from fixing the elections until the Election Day and specify his/her actual (temporary) place of residence (address), and take a photo in digital format. In such a case, the voter shall be exempted from payment of the service fee related to taking a photo under Ordinance No 508 of 29 December 2011 of the Government of Georgia on Approval of the Time Limits for Services Rendered by the Legal Entity under Public Law Operating within the Ministry of Justice of Georgia – the Public Service Development Agency, and by Consular Officials within Their Delegated Powers, the Amounts of Fees Set for the Services Rendered, and the Procedure for Payment of the Fee.

3. The procedure established under this article shall be valid until 1 June 2023.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 185 – Temporary procedure for information support to pre-election campaigning before the attainment of full power by the Parliament elected as a result of the 2020 Parliamentary Elections of Georgia

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

2. The general broadcaster, which decides to cover the pre-election campaign on its own air, shall broadcast the pre-election debates in a non-discriminatory manner with the participation of all qualified electoral subjects in the course of pre-election campaigning within its coverage area. The general broadcaster shall be authorised to invite other parties/blocs participating in the relevant elections in the course of debates.

3. The obligations of equal distribution of airtime established by this Law, creation of equal conditions for participation in pre-election debates and establishment of equal conditions for election advertising shall apply only to the broadcasters mentioned in paragraphs 4-6 of this article and only to qualified electoral subjects.

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

5. During the election campaign in the case of general elections, the Public Broadcaster carrying out general over-the-air broadcasting shall allot, from the 50th day before the Election Day, in every three hours, not less than 7.5 minutes to broadcast free of charge, the pre-election advertisements, and broadcast on the basis of equality and without discrimination, the pre-election advertisements submitted to it by each qualified electoral subject, on the condition that the time allotted to a qualified electoral subject during such period shall not exceed 90 seconds (each electoral subject may divide the time allotted in several parts). The airtime not used by an electoral subject may not be added to other airtime allotted to the electoral subject.

6.The broadcaster (except for the broadcasters mentioned in paragraphs 4 and 5 of this article) is obliged to broadcast pre-election advertisements free of charge during the last 30 days before the Election Day, if it places paid pre-election advertisements during the election campaign in its service area of the electoral subject determined by Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens. In this case, it is obliged to devote time to free pre-election advertisements (if the paid pre-election advertisement is placed between the best time interval determined by the Law of Georgia on Broadcasting, the free advertising time shall be allocated at the same time, on the same day or in agreement with the customer – on another day in the proportion set out below. In all other cases, free advertising time shall be allocated within three hours from the time of posting the paid advertisement in the broadcasting network, on the same day or in agreement with the customer – another day. Free advertising time unused an electoral subject may not be added by to other advertising time belonging to the electoral subject):

a) for the above mentioned electoral subject – the time equal to the advertising time acquired, which shall be distributed in such manner that during three hours it does not exceed 90 seconds (an electoral subject may divide this time into several parts);

b) for qualified electoral subjects (except for the electoral subjects provided for in Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens) –the time equal to the total advertising time acquired by the electoral subjects determined in subparagraph (a) of this paragraph, which shall be distributed in the equal and non-discriminatory manner among the electoral subjects specified in subparagraph (b) of the same paragraph, provided that the time allotted to one electoral subject does not exceed 90 seconds in three hours (an electoral subject may divide this time into several parts).

7. The broadcaster mentioned in paragraph 6 of this article, which intends to place the paid pre-election advertisement, shall submit information on the proposed schedule of paid pre-election advertisement to the CEC and the Georgian National Communications Commission within 15 days from the day of calling the elections, but not later than the 55th day before the Election Day. The CEC shall publish such information on its official website within one day. The electoral subject provided for by Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens shall submit information to the CEC and the relevant broadcaster on the acquisition of advertising time in each broadcaster, considering the above mentioned schedule, not later than the 40th day before the Election Day (such information shall indicate the dates, time intervals for the placement of the advertisement to be placed during the day, and the duration of the advertising time to be purchased).The broadcaster in which the electoral subject has purchased advertising time shall, not later than the 38th day before the Election Day, submit information to the CEC and the Georgian National Communications Commission on the time allocated for free advertising in accordance with paragraph 6 of this article(such information shall indicate the dates, time intervals for the placement of the advertisement to be placed during the day, and the duration of the advertising time), also, on the schedule of posting election advertisements for each electoral subject during the advertising time allotted to the qualified electoral subjects specified in paragraph 6(b) of this article. The CEC shall publish such information on its official website within one day. An electoral subject entitled to receive free advertising time shall notify the relevant broadcaster at least two days prior to the date of the advertisement of its intention to use its own time and shall deliver the advertisement at the time agreed with it.

8. The public broadcaster is obliged to provide the sign language translation in its election-related programmes aired during the election campaign.

9. The broadcaster shall be authorised to recognise a political party as a qualified electoral subject, which, according to public opinion polls conducted in accordance with the conditions set forth in this article, enjoys the support of at least 4 percent of voters in accordance with the results of at least 5 polls or and the results of research 1 month before the elections. It shall be inadmissible for the broadcaster to use the results of sociological research in a discriminatory manner.

10. The local broadcaster is obliged to recognise a political party/bloc as a qualified electoral subject:

a) an electoral subject who is a qualified electoral subject determined by Article 2 (q1) of this Law;

b) whose one or more candidates won the last parliamentary elections in the majoritarian electoral district in his or her service zone, ran in the second round or received at least 25 percent of votes;

c) who received at least 25 percent of the votes in the elections of the representative body of the municipality – Sakrebulo.

11. The local broadcaster shall be authorised to recognise as a qualified electoral subject:

a) a political party that received at least 10 percent of the vote in the last parliamentary or municipal elections in the respective majoritarian electoral district;

b) a political party that, according to the public opinion research conducted in accordance with the rules established by this law in the respective majoritarian electoral district, enjoys the support of at least 25 percent of the voters in accordance with the results of at least 2 consecutive public opinion survey conducted in the election year;

c) a majoritarian candidate nominated by the initiative group of voters, who, according to the public opinion survey conducted in the respective majoritarian electoral district in accordance with the rules established by this law, according to the results of at least 2 consecutive public opinion survey in the election year, enjoys the support of no less than 25% of voters.

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

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

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

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

d) there shall be no manipulation by public opinion or a means of raising money, it shall not be conducted by phone, mail and/or the Internet;

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

f) when publishing public opinion survey results the following shall be specified:

f.a) an organisation conducting the survey;

f.b) an organisation ordering or financing the survey;

f.c) exact formulation and sequence of questions used in the survey;

f.d) time of the conduct of field survey;

f.e) number of respondents and the selection method;

f.f) in what area or in what category of people the selection was made;

f.g) whether the survey is based on the opinion of all respondents;

f.h) number of respondents who refused to participate in the survey or did not answer the question or could not be interviewed;

f.i) selection size;

f.j) scope of error;

f.k) information on any other factor that may have had a significant impact on the results of the survey.

13. The broadcaster commissioning the public opinion survey is obliged to comply with the requirements set forth in paragraph 12 of this article. A broadcaster that publishes a public opinion survey commissioned by others shall be subject only to the requirements set forth in paragraph 12 (f) of this article.

14. During the election campaign, the Public Broadcaster, Ajara TV and Radio of the Public Broadcaster (a legal entity under public law), shall allot, from the 50th day before the Election Day, in every hour 2.5 minutes to broadcast free of charge, the pre-election advertisements of another party/bloc, except for the qualified electoral subject and every 3 hours broadcast free of charge and without discrimination, the pre-election advertisements submitted to them by each party/bloc, on the condition that the time allotted to a qualified electoral subject during such period shall not exceed 45 seconds (each party/bloc may divide the time allotted in several parts). The airtime not used by a party/bloc may not be added to other airtime allotted to the party/bloc.

15. Political parties that enjoy the right to use free airtime, in the case of joining an electoral bloc, regardless of their number, shall lose the right from the day after the registration of the electoral bloc, and the electoral bloc shall acquire the right from the same day as an electoral subject.

16. The obligation to allocate free airtime under this article shall apply only to the local broadcaster during the by-elections.

17. The Georgian National Communications Commission shall determine the rules for the participation and use of the media in the election process, ensure the monitoring of the observance of the norms established by this Law by the Broadcaster and shall respond accordingly to the violation of the mentioned norms. The Georgian National Communications Commission shall procure the services required for media monitoring in accordance with the rules established by the legislation of Georgia.

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

19. It shall be inadmissible for an electoral subject to place an advertisement on the broadcaster that serves the agitation goals of another electoral subject within the advertising time. The advertisement of the electoral subject shall not contain elements of advertisement conducive to the election of another electoral subject, including its representative, serial number and symbols.

20. In the course of political/pre-election advertising, the total of the single contours of the letters indicating the name of the electoral subject and the single contours of the numbers indicating the serial number of his/her participation in the elections shall occupy not less than 5% of the frame area. In addition, the advertisement must be made in such a way that at the end of the advertisement, the name and serial number of the electoral subject are displayed for at least the last one second, so that the total of the single contours of the letters denoting the name and the number of contours of the serial numbers occupies not less than 25% of the frame area. In the case of violation of the rule established by this paragraph, the broadcaster shall not place the political/pre-election advertisement.

21. The broadcaster shall be prohibited from allocating more airtime than the corresponding fee paid for the placement of paid advertisements to the relevant electoral subject or allocating more time than that provided for by this law for the placement of free advertisements. The action provided for in this paragraph shall be deemed a prohibited donation.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

Article 186 – Temporary procedure for information support to pre-election campaigning from the day of attaining full power by the Parliament elected as a result of the 2020 parliamentary elections of Georgia before the attainment of full power by the Parliament elected as a result of the 26 October 2024 Parliamentary Elections of Georgia

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

2. Free airtime shall be equally granted to the parties and election blocs that have overcome the relevant electoral threshold established by the Constitution of Georgia in the last parliamentary elections in accordance with the rules established by this Law. If free airtime is given to an electoral bloc, this time shall be equally distributed among the political parties that are members of the electoral bloc.

3. The obligations of equal distribution of airtime established by this Law, creation of equal conditions for participation in pre-election debates and establishment of equal conditions for election advertising shall apply only to the broadcasters mentioned in paragraphs 4-6 of this article and only to qualified electoral subjects.

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

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

6.The broadcaster (except for the broadcasters mentioned in paragraphs 4 and 5 of this article) is obliged to broadcast pre-election advertisements free of charge during the last 30 days before the Election Day, if it places paid pre-election advertisements during the election campaign in its service area of the electoral subject determined by Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens. In this case, it is obliged to devote time to free pre-election advertisements (if the paid pre-election advertisement is placed between the best time interval determined by the Law of Georgia on Broadcasting, the free advertising time shall be allocated at the same time, on the same day or in agreement with the customer – on another day in the proportion set out below. In all other cases, free advertising time shall be allocated within three hours from the time of posting the paid advertisement in the broadcasting network, on the same day or in agreement with the customer – another day. Free advertising time unused an electoral subject may not be added by to other advertising time belonging to the electoral subject):

a) for the above mentioned electoral subject – the time equal to the advertising time acquired, which shall be distributed in such manner that during three hours it does not exceed 90 seconds (an electoral subject may divide this time into several parts);

b) for qualified electoral subjects (except for the electoral subjects provided for in Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens) –the time equal to the total advertising time acquired by the electoral subjects determined in subparagraph (a) of this paragraph, which shall be distributed in the equal and non-discriminatory manner among the electoral subjects specified in subparagraph (b) of the same paragraph, provided that the time allotted to one electoral subject does not exceed 90 seconds in three hours (an electoral subject may divide this time into several parts).

7. The broadcaster mentioned in paragraph 6 of this article, which intends to place the paid pre-election advertisement, shall submit information on the proposed schedule of paid pre-election advertisement to the CEC and the Georgian National Communications Commission within 15 days from the day of calling the elections, but not later than the 55th day before the Election Day. The CEC shall publish such information on its official website within one day. The electoral subject provided for by Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens shall submit information to the CEC and the relevant broadcaster on the acquisition of advertising time in each broadcaster, considering the above mentioned schedule, not later than the 40th day before the Election Day (such information shall indicate the dates, time intervals for the placement of the advertisement to be placed during the day, and the duration of the advertising time to be purchased).The broadcaster in which the electoral subject has purchased advertising time shall, not later than the 38th day before the Election Day, submit information to the CEC and the Georgian National Communications Commission on the time allocated for free advertising in accordance with paragraph 6 of this article(such information shall indicate the dates, time intervals for the placement of the advertisement to be placed during the day, and the duration of the advertising time), also, on the schedule of posting election advertisements for each electoral subject during the advertising time allotted to the qualified electoral subjects specified in paragraph 6(b) of this article. The CEC shall publish such information on its official website within one day. An electoral subject entitled to receive free advertising time shall notify the relevant broadcaster at least two days prior to the date of the advertisement of its intention to use its own time and shall deliver the advertisement at the time agreed with it.

8. The public broadcaster is obliged to provide the sign language translation in its election-related programmes aired during the election campaign.

9. The broadcaster shall be authorised to recognise a political party as a qualified electoral subject, which, according to public opinion polls conducted in accordance with the conditions set forth in this article, enjoys the support of at least 4 percent of voters in accordance with the results of at least 5 polls or and the results of research 1 month before the elections. It shall be inadmissible for the broadcaster to use the results of sociological research in a discriminatory manner.

10. The local broadcaster is obliged to recognise a political party/bloc as a qualified electoral subject:

a) who receives funding from the State Budget;

b) who received at least 25 percent of the votes in the elections of a municipality representative body Sakrebulo.

11. The local broadcaster shall be authorised to recognise as a qualified electoral subject:

a) a political party that received at least 10 percent of the vote in the last parliamentary or municipal elections in the respective majoritarian electoral district;

b) a political party that, according to the public opinion research conducted in accordance with the rules established by this law in the respective majoritarian electoral district, enjoys the support of at least 25 percent of the voters in accordance with the results of at least 2 consecutive public opinion survey conducted in the election year;

c) a majoritarian candidate nominated by the initiative group of voters, who, according to the public opinion survey conducted in the respective majoritarian electoral district in accordance with the rules established by this law, according to the results of at least 2 consecutive public opinion survey in the election year, enjoys the support of no less than 25% of voters.

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

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

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

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

d) there shall be no manipulation by public opinion or a means of raising money, it shall not be conducted by phone, mail and/or the Internet;

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

f) when publishing public opinion survey results the following shall be specified:

f.a) an organisation conducting the survey;

f.b) an organisation ordering or financing the survey;

f.c) exact formulation and sequence of questions used in the survey;

f.d) time of the conduct of field survey;

f.e) number of respondents and the selection method;

f.f) in what area or in what category of people the selection was made;

f.g) whether the survey is based on the opinion of all respondents;

f.h) number of respondents who refused to participate in the survey or did not answer the question or could not be interviewed;

f.i) selection size;

f.j) scope of error;

f.k) information on any other factor that may have had a significant impact on the results of the survey.

13. The broadcaster commissioning the public opinion survey is obliged to comply with the requirements set forth in paragraph 12 of this article. A broadcaster that publishes a public opinion survey commissioned by others shall be subject only to the requirements set forth in paragraph 12 (f) of this article.

14. The Public Broadcaster, Ajara TV and Radio of the Public Broadcaster (a legal entity under public law), shall allot the time for the pre-election advertisements of other parties, except for a qualified electoral subject, which shall be equally distributed among the said parties.

15. The obligation to allocate free airtime under this article shall apply only to the local broadcaster during the by-elections.

16. The Georgian National Communications Commission shall determine the rules for the participation and use of the media in the election process, and ensure the monitoring of the observance of the norms established by this Law by the Broadcaster and shall respond accordingly to the violation of the mentioned norms. The Georgian National Communications Commission shall procure the services required for media monitoring in accordance with the rules established by the legislation of Georgia.

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

18. It shall be inadmissible for an electoral subject to place an advertisement on the broadcaster that serves the agitation goals of another electoral subject within the advertising time. The advertisement of the electoral subject shall not contain elements of advertisement conducive to the election of another electoral subject, including its representative, serial number and symbols.

19. In the course of political/pre-election advertising, the total of the single contours of the letters indicating the name of the electoral subject and the single contours of the numbers indicating the serial number of his/her participation in the elections shall occupy not less than 10% of the frame area. In addition, the advertisement must be made in such a way that at the end of the advertisement, the name and serial number of the electoral subject are displayed for at least the last one second, so that the total of the single contours of the letters denoting the name and the number of contours of the serial numbers occupies less than 50% of the frame area. In the case of violation of the rule established by this paragraph, the broadcaster shall not place the relevant political/pre-election advertisement.

20. The broadcaster shall be prohibited from allocating more airtime than the corresponding fee paid for the placement of paid advertisements to the relevant electoral subject or allocating more time than that provided for by this law for the placement of free advertisements. The action provided for in this paragraph shall be deemed a prohibited donation.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 187 – Temporary procedures for financing a representative of an electoral subject before the acquisition of full power by the Parliament elected as a result of the 2020 Parliamentary Elections of Georgia

1. A qualified electoral subject participating in the elections (a qualified party participating in the elections independently, as well as an electoral bloc of which the qualified party is a member) shall receive funding in the amount of GEL 100 for each electoral precinct and GEL 150 for each electoral district on the Election Day, and the electoral bloc, which consists of two or more qualified parties, shall receive funding in the amount of GEL 150 for each electoral precinct and GEL 200 for each electoral district. An electoral bloc that does not include any of the qualified parties, but the parties included in the bloc, in the last parliamentary elections or the elections of municipality bodies held within the framework of the proportional election system, acquired totally 3% or more than 3% of votes from voters participating in the elections, for ensuring the representation in the district and precinct election commissions on the Election Day, its shall receive funding in the amount of GEL 100 for each electoral precinct and GEL 150 for each electoral district. The amount allocated for one electoral precinct shall be issued only to a representative(s) appointed for the said electoral precinct.

11. The funding provided for in paragraph 1 of this article shall be issued for the respective electoral precincts and electoral districts in the case of holding a second round of elections only to the qualified electoral subjects whose nominee candidates participate in the second round of elections.

2. The CEC shall transfer the amount of funding of the representative of the electoral subject provided for in paragraph 1 of this article to the account of the relevant electoral subject not later than three days before the Election Day. The electoral subject shall be entitled to redistribute the amount to the relevant representatives in the district and precinct election commissions, so that the activities of no more than two representatives are funded in each commission.

3. The funded electoral subject is obliged to submit written information to the CEC on the use of the funds allocated for the financing of the representatives within 15 days after the summarising of the election results. If the funded electoral subject does not appoint a representative in the election commission and/or the amount is not fully used, the party is obliged to ensure the return of the relevant amount to the State Budget of Georgia within the same period.

4. For funded electoral subjects who do not participate in the second round of elections, the requirements set forth in paragraph 3 of this article shall apply from day of summarising the results of the first round of the respective elections.

5. A representative of an electoral subject who is included in the unified database of socially vulnerable families, the funding received under this article shall not be included in the joint income of the family and the state funding shall not be terminated.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 188 – Deadline for the transfer of funding to a representative of an electoral subject during the second round of elections before the acquisition of full powers by the Parliament elected as a result of the 2020 Parliamentary Elections of Georgia

The deadline for the transfer of funding to a representative of an electoral subject who is eligible for funding in the second round of elections, shall be not later than the 3rd day before the second round of elections.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 189 – Temporary procedures for financing from the State Budget of Georgia of the election campaign fund for the 2020 Parliamentary Elections of Georgia

1.An electoral subject, that obtains 5% or more of votes in the 2020 Parliamentary Elections conducted under the proportional electoral system, shall receive a one-off sum of not more than GEL 1 000 000from the State Budget of Georgia to cover election campaign expenses incurred in both rounds. An electoral subject shall receive such funding according to the information on the election campaign expenses submitted by it, after submitting a report referred to in Article 57 of this Law applicable before the recognition of the authority of the Parliament of Georgia elected in the next parliamentary elections of Georgia.

2.In order to receive financing of the expenses incurred during the election campaign from the State Budget of Georgia, the electoral subject shall submit a written application to the CEC not later than 38 days before the Election Day.

3. The respective amount provided for by paragraph 1 of this article shall be deposited into the account of the electoral subject not later than the 15​th day following the summarisation of election results, based on the CEC summary protocol of election results.

4. To provide financial support to the election campaign of political parties, additional funds shall be allocated from the State Budget of Georgia to cover TV advertising expenses. Only those parties that became eligible for funding based on the results of the last general elections shall receive the sum provided for in this paragraph. To calculate the amount of the sum allocated to a party under this paragraph, the number of the votes obtained by the electoral subject in question in the last general elections shall be multiplied by three and divided by the number of the political associations making up the electoral subject. At the same time, the amount of the sum allocated for a party or an electoral bloc (regardless of the number of parties making up the bloc) running independently in the elections shall not exceed GEL 600 000.At least 15% of the sum allocated to the electoral subject shall be used for pre-election advertising in at least 7 broadcasters who are not national broadcasters.

5. If any party united in an electoral bloc does not run in the elections, the sum under paragraph 4 of this article shall be fully allocated to the parties united in the electoral bloc and running in the elections.

6. The CEC shall pay a broadcaster the expenses provided for in paragraph 4 of this article, within the amounts determined by the same paragraph, based on a contract between a broadcaster and an electoral subject, within 10 business days after the contract is submitted to the CEC.

7. Following the announcement of the final results of the elections:

a) within 5 business days, a party shall submit to the CEC the appropriate information about the final execution of the contract;

b) within 15 business days, a broadcaster shall return the appropriate sum to the State Budget of Georgia if the party fails to fully spend the amount allocated to it under this article.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

Article 190 – Temporary procedures regulating election/referendum campaign expense before the acquisition of full power by the Parliament elected as a result of the 2020 Parliamentary Elections of Georgia

1. An election/referendum campaign shall be funded from:

a) the funds of a political party;

b) the funds of the number one electoral bloc – if political associations are united in a single electoral subject;

c) the election funds opened by an initiative group of voters to fund the campaign of an independent candidate.

2. A candidate nominated by an electoral subject shall use the fund of the electoral subject nominating the candidate.

3. The basis for opening a bank account in a licensed commercial bank of Georgia for electioneering of an initiative group of voters shall be an ordinance on the registration of this electoral subject of a Chairperson of a relevant election commission.

4. An electoral subject shall be obliged to submit to the State Audit Office of Georgia the information about the bank account, from which the necessary costs shall be funded for an election campaign. The information submitted on the mentioned fund should also include the contact details of the persons responsible for managing the election campaign fund.

5. Election/referendum campaign funds shall be the money deposited into the relevant bank account, as well as all goods and services received free of charge (calculated at market prices), except for the cost of free advertising time received in accordance with the law

6.During elections, an electoral subject may not use other financial means than the respective funds.

7. The total amount of expenses incurred by the electoral subject during the year shall not exceed 0.1% of the gross domestic product of Georgia of the previous year. This amount includes the expenses incurred by the electoral subject and another person in its favour, which are determined by the State Audit Office and about which the relevant electoral subject is notified.

8. The upper limit of the total annual election expenses of an independent majoritarian candidate shall be determined as follows: the upper limit of the election campaign allowances for a political party (0.1% of the previous year's GDP) shall be divided by the total number of voters in the country and the number obtained must be multiplied by the number of voters in the respective electoral district.

9. Restrictions provided by the Organic Law of Georgia on Political Associations of Citizens shall apply to election/referendum campaign expenses and sources of funding, except for the exception provided for by paragraph 10 of this article.

10. When a campaign is funded by an electoral bloc, it is possible for the parties united in the bloc to transfer the funds in the fund of their political associations to the fund of the political association, which is registered as the number one electoral bloc.

11. Violation of the requirement provided for by paragraphs 7 and 8 of this article shall result in a fine of double the amount of the expense incurred in excess.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 191 – Additional procedure regulating liability for failure to comply with the requirements determined bylaw in relation to restriction of the election campaign and accountability during 2020

1.The total amount of expenses incurred by and in favour of the parties in the electoral bloc during the year shall not exceed 0.1% of the gross domestic product of Georgia of the previous year. This amount includes the expenses incurred by the electoral subject and another person in its favour, which are determined by the State Audit Office and about which the relevant electoral subject is notified.

2.Violation of the requirement provided for by paragraph 1 of this article shall result in a fine of double the amount of the expense incurred in excess.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 192 – Temporary procedures for submitting a report on election campaign expenses before the acquisition of full power by the Parliament elected as a result of the 2020 Parliamentary Elections of Georgia

1. From the day of calling the elections, a candidate/electoral subject shall submit the financial report to the State Audit Office once in three weeks in the form prescribed by the State Audit Office.

2. Those electoral subjects who, according to the preliminary data, receive the required number of votes established by this Law shall submit to the State Audit Office not later than 12 days after the polling day a report on the funds used as of the polling day.

3. The electoral subject participating in the second round is obliged to submit to the State Audit Office three days before the day of the second round the financial report of the activities carried out after the polling day of the first round.

4. Electoral subjects, not later than one month after the publication of the election results, and electoral subjects participating in the second round – not later than one month after the publication of the results of the second round, shall submit to the State Audit Office, together with the opinion of the audit (audit firm), a report on the funds used as of the date of publication of the final results from the day of calling the elections. An auditor certified in accordance with the Organic Law of Georgia on the State Audit Office shall have the right to conduct audit. If the election campaign expense does not exceed GEL 10,000 (ten thousand), the electoral subject shall have the right to submit a full election period report without an audit report.

5. The electoral subjects whose nominee majoritarian candidates participate in the second round of elections, not later than one month after the publication of the final results of the second round, and the electoral subjects who, according to preliminary data, receive the required number of votes established by this Law, not later than the 8th day after the polling day, shall submit information on funds which have not been used by the electoral subject in the form prescribed by the State Audit Office.

6. If the electoral subjects who receive the required number of votes established by this Law do not submit the election campaign fund report within the established period, or if the violation of the requirements of law is verified, they shall be warned in writing by the State Audit Office and shall request that the violation be eradicated and that detailed written information regarding the violation be provided. If the State Audit Office deems that the violation is substantial and could have affected the election results, it shall be entitled to make a recommendation to the relevant election commission to apply to a court with a request to summarise the election results without regard to the votes received by the said electoral subject.

7. The form of the report on the funds used for the elections and the procedure for its filling out shall be determined by the State Audit Office.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 193 – Additional procedures for the use of funds to be spent on pre-election advertisements by a party participating in the elections from the 30th day of acquiring the full authority by the Parliament elected as a result of the 2020 Parliamentary Elections of Georgia until acquiring the full authority in the Parliamentary Elections of Georgia of 26October 2024

Not less than 10% of the amount spent by the party participating in the elections for the placement of pre-election advertisements shall be used for placement of pre-election advertisements in at least 7 broadcasters which are not national broadcasters.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 194 – Temporary procedures governing liability for political/pre-election advertising in violation of the requirements established by law until the date of acquiring the full authority by the Parliament elected in the Parliamentary Elections of Georgia of 26 October 2024

1. Violation of the requirements established by this Law regarding canvassing, placement of political/pre-election advertisements, except for the cases specified in paragraphs 2, 3 and 4 of this article, shall result in imposing a penalty on the relevant electoral subject not exceeding the amount of the tariff determined for the time of placing the advertisement, and the violation of the requirement set forth in Article 185(19) or Article 186(18) of this Law shall result in the imposition of a penalty on the relevant electoral subject not exceeding twice the amount of the tariff established for the time of placing the advertisement. If the penalty is due to the placement of free advertising, the amount of the penalty shall be calculated in the amount of not more than double the tariff set by the relevant broadcaster for the placement of the paid advertising.

2. Violation of the requirement set forth in Article 185(20) or (21) or Article 186(19) or (20) of this Law shall result in the imposition of a penalty on the relevant broadcaster not exceeding twice the amount of the tariff established for the time of placing the advertisement. If the penalty is due to the placement of free advertising, the amount of the penalty shall be calculated at the tariff of not more than double the tariff set by the relevant broadcaster for the placement of the paid advertising. Violation of the requirement set forth in Article 50(1)(b-d) or (11) of this Law or the non-fulfilment of other obligations set forth in Articles185 or 186 of this Law shall result in the imposition of a penalty in the amount of GEL 5,000 on the relevant broadcaster.

3. Execution of automated telephone calls and sending short text messages provided for by Article 185(18) or Article 186(17) of this Law shall result in the imposition of a penalty on the relevant electoral subject and the fixed or mobile communication network operator in the amount of not more than double the fee paid for the relevant service.

4. Violation of the requirement set forth in Article 50(2) of this Law shall result in the imposition of a penalty in the amount of GEL 1,500 for the print media.

5. (Deleted – 3.9.2020, No 7097).

6. Administrative offences protocols provided for by paragraphs 2 to 4 of this article shall be drawn up by the Georgian National Communications Commission, unless the drawing up of the relevant protocol causes the liability of an electoral subject.

7. The Chairperson of the CEC shall draw up the protocols on administrative offences provided for in paragraphs 1 and 3 (in the case of imposing a fine of an electoral subject) of this article on the basis of the substantiated appeal of the Georgian National Communications Commission and the materials provided.

8. (Deleted – 3.9.2020, No 7097).

9. The authorised body provided for by paragraph 6 of this article shall consider the issue of drawing up an offence protocol provided for by the same paragraph and shall make a decision during the public session within two days after the identification of the offence, in accordance with the procedures established by it. In addition, the absence of an offender at the session shall not hinder the making of a decision. After making a decision by the authorised body provided for by paragraph 2 of this article, the authorised person designated by him/her shall draw up an offence protocol within the period provided for in this paragraph in accordance with Article 240 (22) of the Administrative Offenses Code of Georgia. The period for establishing the fact of offence/making a relevant decision by the court shall not exceed 2 days after the submission of the protocol to the court.

10. The authorised body referred to in paragraph 7 of this article shall make a decision on drawing up an offence protocol provided for in the same paragraph within two days after receiving the relevant substantiated appeal, and the time frame for the court to establish the fact of offence/make a relevant decision shall not exceed two days after the submission of the protocol to the court.

11. In the case of committing administrative offenses provided for in this article, legal proceedings shall be conducted in accordance with the Administrative Offenses Code of Georgia, unless otherwise provided for by law.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

Article 195 – Additional procedures for determining the quotas of political parties included in the election board in the case of calling extraordinary elections of the President of Georgia before the elections to be held through proportional election system of the Parliament of Georgia

Additional procedures for determining the quotas of those political parties included in the election board in the case of calling extraordinary elections of the President of Georgia before the elections to be held through the proportional election system of the Parliament of Georgia, who acquired the mandates in the elections to be held under the proportional election system of the representative body of the municipality – Sakrebulo by being members of the electoral blocs, shall be determined by the ordinance of the CEC.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 196 – Certain procedures and time frames applicable to the conduct of the Parliamentary elections of Georgia before the elections of the Parliament of Georgia to be held through the proportional election system

1. The procedures and time frames established by this Law shall be applied to the conduct of the parliamentary elections of Georgia before the elections of the Parliament of Georgia to be held through the proportional election system, unless otherwise provided for by this article.

2. The parliament elected in the next parliamentary elections of Georgia shall consist of 120 parliament members elected under the proportional system and 30 parliament members elected under the majoritarian system.

3. As a result of elections conducted under the proportional system, the seats of the Members of Parliament of Georgia shall be distributed to the political parties that receive at least one percent of the actual votes cast in the elections, and to the electoral blocs of those political parties the percentage of actual votes of which comprises at least one percent multiplied by the number of political parties included in the electoral block.

4. To determine the number of seats received by a political party or electoral bloc, the number of actual votes received by it shall be multiplied by 120 and divided by the sum of the actual number of votes received by all those political parties and electoral blocs, who have exceeded the relevant electoral threshold set forth in paragraph 3 of this article. The whole part of the number received shall be the number of seats received by a political party or electoral bloc. If the sum of the number of seats received by political parties and electoral blocs is less than 120, the non-distributed seats will be awarded sequentially to the political parties and electoral blocs with the biggest remaining number.

5. Percentage of total seats received by a political party or electoral bloc under the proportional and majoritarian systems in the total number of seats shall not exceed the sum of the percentage share and one fourth of the percentage share of those actual votes received under the proportional system by a political party or an electoral bloc included in the total number of actual votes received under the proportional system by political parties or electoral blocs. If the percentage of total seats received by a political party or electoral bloc under the proportional and majoritarian systems in the total number of seats exceeds the sum of the percentage share and one fourth of the percentage share of those actual votes received under the proportional system by a political party or an electoral bloc included in the total number of actual votes received under the proportional system by political parties or electoral blocs, the political party or electoral bloc will be deprived of relevant seats from the voter list submitted for the proportional elections and shall be distributed sequentially in accordance with paragraph 6 of this article according to the voter lists submitted by the other political parties and electoral blocs with better results, which have exceeded the relevant electoral threshold.

6. To distribute deprived seats, the number of actual votes received by a political party or electoral bloc authorised to receive a deprived seat shall multiplied by the number of deprived seats and divided by the sum of actual votes received by political parties and electoral blocs authorised to receive deprived seats.

7. 30 single-seat majoritarian electoral districts shall be established for the parliamentary elections of Georgia in accordance with the administrative boundaries in force at the time of adoption of the relevant constitutional law:

a) Mtatsminda and Krtsanisi districts of Tbilisi Municipality; Vake district; Saburtalo district; Isani district; Samgori district; Didube and Chughureti districts; Gldani district; Nadzaladevi district;

b) Telavi, Akhmeta, Kvareli and Lagodekhi municipalities; Gurjaani, Sagarejo, Dedoplistskaro and Sighnaghi municipalities; Rustavi Municipality and administrative units of Norio, Martkopi, Akhalsopeli, Sartichala, Gamarjveba, Akhali Samgori, Lemshvenieri, Teleti, Kumisi and Krtsanisi of Gedabani municipality;Marneuli and Gardabani (except for Norio, Martkopi, Akhalsopeli, Sartichala, Gamarjveba, Akhali Samgori, Lemshvenieri, Teleti, Kumisi and Krtsanisi administrative units) municipalities; Bolnisi, Dmanisi, Tetritskaro and Tsalka municipalities; Mtskheta, Dusheti, Tianeti and Kazbegi municipalities; Kaspi and Gori (except for Variani, Nikozi, Tirdznisi, Skra and Shindisi administrative units) municipalities;Khashuri and Kareli municipalities and Variani, Nikozi, Tirdznisi, Skra and Shindisi administrative units of Gori municipality; Akhaltsikhe, Borjomi, Adigeni and Aspindza municipalities; Akhalkalaki and Ninotsminda municipalities; Kutaisi Municipality; Sachkhere, Chiatura and Kharagauli municipalities; Tkibuli, Terjola, Zestaponi and Baghdati municipalities; Samtredia, Tskaltubo, Vani and Khoni municipalities;Zugdidi Municipality; Poti, Khobi and Senaki municipalities; Tsalenjikha, Chkhorotsku, Martvili and Abasha municipalities; Ozurgeti, Lanchkhuti and Chokhatauri municipalities; Batumi Municipality; Kobuleti Municipality and Makhinjauri Administrative Unit of Khelvachauri Municipality; Khelvachauri (except for Makhinjauri administrative unit), Keda, Shuakhevi and Khulo municipalities; Ambrolauri, Oni, Tsageri, Lentekhi and Mestia municipalities.

8. A political party registered in accordance with the procedures established by law shall have the right to participate in the next parliamentary elections if its support is confirmed with the signatures of at least 5,000 voters under the procedures established by this law.

9. All qualified political parties (which receive funding from the State Budget of Georgia),all political parties that participated independently or as members of an electoral bloc in the recent parliamentary elections or the elections of the municipality body, shall be exempt from the obligation to confirm the support of at least 5,000 voters in order to participate in the next parliamentary elections of Georgia, if the party or the relevant electoral bloc receives at least 15,000 votes in at least one of the elections held under the proportional system, as well as all the political parties whose nominees or whose member candidates received at least 15,000 votes in the first round of the 2018 presidential elections of Georgia.

10. Each party and electoral bloc participating in the next parliamentary elections of Georgia shall have the right to submit one party list. The number of candidates for the membership of the Parliament in the submitted party list should not be less than 120 and not more than 200. In the party list submitted by the electoral bloc, each candidate for the membership of the Parliament must indicate the name of his/her nominating political party and/or its abbreviated name.

11. The time frame for establishing electoral precincts specified in Article 23(2) of this Law, determining the numbers of the majoritarian electoral districts specified in Article 1102(4) of this Law and for adopting an ordinance by the CEC specified in Article 1102(4) of this Laws hall be not later than 1 August of the regular parliamentary elections of Georgia, and in the case of extraordinary parliamentary elections – not later than the 5th day after the date of calling the elections.

12. In the period from the next parliamentary elections of Georgia to the October 2024 parliamentary elections of Georgia, by-elections and extraordinary elections of the parliament shall be held in the administrative units determined in accordance with paragraph 7 of this article. The boundaries of the said electoral districts shall remain unchanged during this period, despite possible changes in the administrative boundaries of municipalities and the boundaries of local majoritarian electoral districts.

13. During its session the CEC shall summarise the results of the elections held under the proportional election system of the Parliament of Georgia on the basis of the protocols received from the district and precinct election commissions and court decisions not later than the 19th day after the Election Day, if necessary, shall schedule the second round of elections based on the ordinance, which shall be held on the third Saturday after the elections, and shall draw up a summary protocol of the results of the first round of elections, if the second round of elections is scheduled, but if the second round of elections is not scheduled – the summary protocol of the final results of the Parliamentary elections of Georgia. If the second round of elections is scheduled, the CEC shall draw up a summary protocol of the final results of the parliamentary elections of Georgia not later than the 19th day after the second round of the polling day.

14. The summary protocol of the results of the elections held under the proportional election system of the Parliament of Georgia shall indicate: number of participants in the elections held under the proportional election system and the number of invalid ballot papers; the total number of votes received by each electoral subject; percentage of votes received by each electoral subject; the numbers of the electoral districts and precincts in which the elections were declared invalid; as well as the number of voters in the electoral districts and precincts and the reasons for declaring the elections invalid.

15. The summary protocol of the results of the first round of the elections held under the majoritarian election system of the Parliament of Georgia shall indicate:

a) total number of voters in Georgia; the numbers of electoral districts and precincts in which the elections were declared invalid, as well as the number of voters in the electoral districts and precincts and the reasons for declaring the elections invalid; the date of the repeat voting – if the repeat voting has been scheduled, also the numbers of the electoral districts and precincts in which the repeat voting has been scheduled; the numbers of electoral districts in which the re-run elections were scheduled, and the date of the re-run elections;

b) according to each majoritarian electoral district: total number of voters; the number of participants in the elections and the number of invalid ballot papers; if no repeat voting or the second round of elections is scheduled – the identity of the elected Member of Parliament of Georgia, the number and percentage of votes received by him/her; the date of the second round of elections – if the second round is scheduled, also the identity of the candidates in the second round and the number and percentage of votes received by them.

16. The summary protocol of the final results of the Parliamentary elections of Georgia shall indicate: total number of voters in Georgia and total number of voters in each majoritarian electoral district; the numbers of the electoral districts and precincts in which the elections were declared invalid and repeat voting was not held; also the number of voters in the electoral districts and precincts; the numbers of the electoral precincts in which the re-run elections were scheduled, and the date of the re-run elections; the number of participants in the elections held under the proportional election system; the number of votes received by each electoral subject, percentage of votes received and the number of seats received; a list of elected members of the Parliament of Georgia, sorted by electoral subjects, indicating their party affiliation and majoritarian electoral district (if they were elected in such districts).

17. In the case of holding extraordinary parliamentary elections of Georgia before 2024 once or for multiple times, the relevant elections shall be held and the Parliament shall be formed in accordance with the procedure established by this article. Extraordinary parliamentary elections of Georgia will not be held in 2024.In the case of holding extraordinary parliamentary elections of Georgia before 2024 once or for multiple times, the next regular elections following the last extraordinary elections will be held on 26 October 2024, and the power of the Parliament elected in the last extraordinary elections shall be terminated from the moment of the recognition of the powers of two thirds of the members of parliament by the newly elected parliament.

18. From the day of recognition of the powers of the parliament elected in the next parliamentary elections of Georgia until the date of the appointment of the elections to be held in the next elections of the Parliament of Georgia under the proportional election system, the extraordinary parliamentary elections shall be held in accordance with the provisions of this Law in force prior to the recognition of powers of the parliament elected as a result of the 2020 parliamentary elections.

19. 6 members of the CEC shall be appointed in accordance with the procedure established by Article 13 of this Law by the parties (including the parties united in an electoral bloc) that have won the seats of the members of the Parliament of Georgia in accordance with paragraphs 3 to 6 of this article and have formed a parliamentary faction.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

Article 197 – Temporary procedures for registration/cancellation of registration of parties before acquiring the full authority by the Parliament elected as a result of the 2020 Parliamentary Elections of Georgia

1. In order to be eligible to participate in the parliamentary elections of Georgia, a party shall apply to the Chairperson of the CEC with an appropriate application signed by its leading person (persons):

a) after the Georgian parliamentary elections are called, not later than the 57th day before Election Day, if it has an MP elected on the basis of its nomination by the time of calling the elections;

b) from 1 January to 15 July of the year of the parliamentary elections if the party does not meet the conditions under subparagraph (a) of this paragraph.

2. An application shall be attached with an excerpt from the register of political associations of citizens (parties) issued by the legal entity under public law called the National Agency of Public Registry operating under the Ministry of Justice of Georgia, before the application was submitted to the CEC, within the last 10 days, with indication of a person (persons) authorised to be the head/representative of a party, and a document evidencing that the party has a representative in the Parliament of Georgia (if a party has such a representative). At the time of registration of the party, to verify/confirm the authenticity of the data in the excerpt issued by the legal entity under public law called the National Agency of Public Registry operating under the Ministry of Justice of Georgia, the Agency shall provide the CEC with the possibility of accessing the bases of electronic data and verification.

3. An application for registration shall include the following information about a party:

a) the name and/or its abbreviated name, if such is indicated in the statute of the party. Additionally, the names and surnames, or only surnames of no more than three leaders of the party may be indicated. The name by which the political party has been registered shall remain unchanged on the ballot paper.

b) the first and last name, address (according to the place of registration), telephone number and specimen of signature of a leader(s) of the party;

c) the first, last name, address (according to the place of registration), and the telephone number of a representative;

d) if there are several leaders, the scope of powers of each leader in relation to the party’s electoral process.

4. The name referred to in paragraph 3(a) of this article shall not coincide with:

a) the official name and its short form of another party registered by the Ministry of Justice of Georgia (in the case of coincidence, the party may not use the name);

b) the official the name, in full or in short, and the abbreviated name of another party registered by the Ministry of Justice of Georgia (in the case of coincidence, the party may not use the name);

c) the name, in full or in short, and the abbreviated name of an electoral bloc running in elections if the bloc filed the application to the CEC earlier (in the case of coincidence, the party may not use the name);

d) the name, in full or in short, and the abbreviated name used by another party/electoral bloc during the recent parliamentary elections, unless the consent thereto of the party/electoral bloc is obtained.

5. In the case provided for by paragraph 1(b) of this article, the respective CEC office shall provide a party representative with a sample of the list of supporting voters. The respective CEC office shall check the application and documents attached thereto and shall submit its report to the CEC Chairperson not later than the day after the filing of the application.

6. In the case provided for by paragraph 1(a) of this article, the CEC Chairperson shall, not later than the day after filing of the report referred to in paragraph 5 of this article:

a) register the party and its representative for election purposes if the application filed and the documents attached meet the requirements of this Law;

b) submit a written notification to a representative of the party about any non-compliance of the filed application and the attached documents with the provisions of this Law (specifying the details of non-compliance) and, if there is such non-compliance, give the party three days after receipt of notice for correction of the application and documents.

7. A corrected application and documents referred to in paragraph 6(b) of this article shall be verified and the decision about electoral registration shall be made within two days after submission of the application and documents. If the corrected application and documents meet the requirements of this Law, the CEC Chairperson shall register the party and its representative for election purposes. Otherwise, the CEC Chairperson shall, within the same time frame, issue an ordinance refusing to provide electoral registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of Law that are the basis for refusal). A representative of the party shall immediately be notified about the ordinance and shall be provided with a copy of the ordinance upon request.

8. In the case provided for by paragraph 1(b) of this article, the CEC Chairperson shall, not later than the third day after the provision of the report referred to in paragraph 5 of this article, notify the party representative in writing about any non-compliance of the application and attached documents with the provisions of this Law (specifying the details of non-compliance), if there is such non-compliance. The corrected application and documents shall be returned to the CEC within three days.

9. A party that fails to meet the condition under paragraph (1)(a) of this article shall, within 60 days after a sample form of the list of party supporters is received, but not later than 1 August, submit to the CEC the list of not less than 5 000 voters supporting participation of the party in elections of the Parliament of Georgia. The list of the party supporters shall be verified by an appropriate CEC office under the procedure and within a time limit determined in Article 38 of this Law. During the election period, an appropriate CEC office shall verify the lists of the party supporters and shall submit the report to the CEC Chairperson within two days after the lists are submitted.

10. If an application and attached documents (or a corrected application and documents), and the list of supporting voters under this article are submitted within the time frame determined in this Law and meet the requirements it sets, the CEC Chairperson shall, based on a report of the respective CEC office, register the party and its representative for election purposes within ten days after the receipt of the report, but not later than the 42nd day before Election Day. Otherwise, the CEC Chairperson shall issue an ordinance within the same time about the refusal to provide electoral registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of this Law that are the basis for refusal). A representative of the party shall immediately be notified about the ordinance and shall be provided with a copy of the ordinance upon request.

11. The CEC shall publish the list of registered parties on its official website in the order of submitting applications, not later than the 30th day before Election Day. It shall also publish the list of the parties that have been denied registration or the registration of which has been cancelled, specifying the reasons for the denial or cancellation.

12. The CEC Chairperson shall by ordinance cancel the registration of a party where:

a) the party applies for cancellation;

b) the Constitutional Court of Georgia prohibits operation of the party;

c) the electoral registration of the electoral bloc, to which the party is a member, is cancelled according Article 114(14)(c) or (d) of this Law;

d) the party leaves or is expelled from the electoral bloc before the summarisation of parliamentary election results after the expiry of the deadline for the submission of party lists by the bloc;

e) the party fails to submit a party list or the submitted party list has not been registered;

f) the number of candidates in the party list, not later than the 2nd day before Election Day, is less than the minimum number determined by this Law.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 198 – Certain procedures applicable to conducting by-elections of the Parliament of Georgia from the day of recognition of powers of the parliament elected as a result of the 2020 Parliamentary Elections of Georgia until the date of calling the next elections of the Parliament of Georgia to be held through the proportional election system

From the day of recognition of powers of the parliament elected as a result of the 2020 Parliamentary Elections of Georgia until the date of calling the next elections of the Parliament of Georgia to be held under the proportional election system, the by-elections of the Parliament of Georgia shall be conducted on the basis of the amendment to the relevant provision of this Law applicable before the recognition of powers of Parliament elected as a result of the 2020 Parliamentary Elections of Georgia.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 199 – Certain election measures and deadlines determined for preventing the spread of the infection (COVID-19) caused by the novel coronavirus (SARS-CoV-2)

1. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia is obliged to submit to the CEC not later than the 10th day before voting the information on the number of voters placed in inpatient facilities, infected with new coronavirus and those placed in quarantine areas and on their places of location.

2. Based on the information provided in accordance with paragraph 1 of this article and the recommendation of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia to the CEC, the CEC shall make a decision based on an ordinance on the expediency of the conduct of voting in the above-mentioned locations.

3. If the CEC decides to conduct voting in the above-mentioned locations:

a) voters placed in inpatient facilities, the infected with the novel coronavirus and those placed in quarantine areas shall participate:

a.a) in the elections of the Parliament of Georgia to be held under the proportional election system;

a.b) in the elections of the Parliament of Georgia to be held under the majoritarian election system, if their registration address and their location specified in this paragraph are located within the borders of the same majoritarian electoral district;

a.c) elections of the Supreme Council of the Autonomous Republic of Ajara to be held under the proportional election system, if their registration address and their location specified in this paragraph are in the territory of the Autonomous Republic of Ajara;

a.d) elections of the Supreme Council of the Autonomous Republic of Ajara to be held under the majoritarian election system, if their registration address and their location specified in this paragraph are in the territory of the Autonomous Republic of Ajara;

a.e) in the extraordinary elections of the mayors of the municipalities and in the by-elections of the Sakrebulo, if their registration address and their location specified in this paragraph are located within the borders of the same municipality/local majoritarian electoral district;

b) the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia is obliged to submit to the CEC not later than the 6th day before the voting, a list of persons who will be placed in quarantine areas/inpatient medical institutions due to the novel coronavirus infection;

c) not later than the 3rd day before the voting, on the basis of the data provided in accordance with subparagraph (b) of this paragraph and the data of the members of the relevant special group, the CEC shall approve special lists, in which the entry ‘transferred to a special list’ is made in the unified list of voters along with the last name and first name of the registered voters;

d) a voter specified in subparagraph (c) of this paragraph, who has been transferred to a special list, is obliged to submit a certificate issued by the relevant agency of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, which confirms the fact and date of his/her departure from his/her place of location specified in paragraph 1 of this article. The mentioned certificate shall be attached to the election documents;

e) the types of ballot papers issued to the members of the special group included in the special list shall be issued in the same manner as defined by this Law for the members of other election commissions included in the special list;

f) a voter included in the special list defined by this article shall vote through a mobile ballot box or at a polling station established at the location specified in this article. The CEC shall resolve the matter by an ordinance, as well as matters related to voting by registered voters, assignment to the main polling stations if necessary, duration of the polling day, counting of votes, participation of observers and representatives of electoral subjects, and matters related to voting procedures and the drafting of the summary protocol.

4. For conducting elections in the cases provided for by paragraphs 1-3 of this article, as well as in the case of origination of such circumstances in other election commissions when a member(s) of the election commission or the entire election commission fails to perform the duties due to the health condition or circumstances related to such condition, the CEC shall establish a special group (special groups) by an ordinance on the basis of at least 2/3 of the votes present at the session and approve its (their) composition and the scope of its (their) authority. The special group shall consist of 12 members (if necessary, less members may be determined by the CEC). The members of the special group shall comply with the requirements set by this law for the members of the Precinct Election Commission. The half of the group members, including the leaders of the special group, shall be appointed by the CEC immediately after the group is formed. The second half shall be appointed within two days of the formation of the group, and if there are less than two days remaining before the voting, the second half of the group shall be appointed the same day by the parties who have the right, under this law, to appoint the members of the commission. If the party does not exercise such right within the period specified in this paragraph, the CEC shall have the right to complete the special group, if necessary, to the set number of members by appointing the members of the special group.

5. In order to prevent the spread of the novel coronavirus the CEC shall be authorised, if necessary, to determine by an ordinance:

a) sanitary and hygienic requirements for entering/leaving and staying/moving in the buildings owned and/or transferred to the election commissions by the persons authorized by this Law, as provided for by the applicable legislation and the recommendations developed by the relevant agencies;

b) conditions for conducting thermal screenings in the polling station for members of election commissions, representatives of election commissions, representatives of electoral subjects, observers of observer organisations and accredited representatives of the press and mass media, actions to be taken in the case of the detection of temperature, as well as rules for mandatory use of face masks, disinfectants, maintaining of social distance, if necessary, by persons entitled to be present in the polling station (including by voters) and decisions to be taken in the cases of refusal to carry out the measures specified in the ordinance issued by the CEC by the above-mentioned persons. If the CEC determines the obligation to wear a face mask, the CEC will ensure the transfer of the face masks to the relevant persons. A person without a face mask will not be allowed in the polling station/election commission building, except for the case where the wearing of a face mask is not possible due to the health condition of the person, which shall be confirmed by the person by the relevant medical document;

c) other matters not covered by this article, which, together with the conduct of the election process in accordance with the legislation, ensure the prevention of the possible spread of the novel coronavirus.

6. The CEC shall make a decision on the expediency of establishing polling stations and holding voting in another state, not later than the 30th day before the voting, based on the information provided by the Ministry of Foreign Affairs of Georgia on the epidemiological situation in another state.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 200 – Temporary procedures for the participation of voters using wheelchairs in the 2020 Parliamentary Elections of Georgia

1. Voters using wheelchairs shall be entitled to participate in the 2020 Parliamentary Elections of Georgia at any adapted polling station in the territory of the relevant majoritarian electoral district, for which they shall apply to the relevant district or precinct election commission not later than the 6th day before the polling day. In order for a voter to change a polling station:

a) the secretary of a district/precinct election commission shall register and endorse with his/her signature a written application (the application shall include the personal identification number of a citizen of Georgia) or a telephoned verbal application (in this case, the application shall include the personal number of a voter, exact time of the telephone notification and the appropriate telephone number) of a voter;

b) in the case of a voter's application to the district election commission, the relevant precinct election commission shall be notified about the inclusion of a registered voter in the special voter list of an adapted polling station registered in the voter list of the said polling station. In the case of a voter's application to the precinct election commission, the precinct election commission shall transfer the information about the voter to the relevant district election commission not later than the 6th day before the polling day;

c) the unified voters list shall indicate the transfer of a voter to a special voter list in an adapted electoral precinct in the territory of the same majoritarian electoral district, also, in the unified voters list and the special voters list, in the ‘Actual Status column, the entry ‘a User of a wheelchair’ shall be made, which shall be endorsed by the signatures of the chairperson of the precinct election commission and the Secretary of the same commission.

2. The members of the precinct election commission, representatives of electoral subjects and the observers shall have the right to verify the validity of the request for voting at a polling station adapted for wheelchair users and at any time raise before the PEC the issue of the expediency of including these voters in the relevant special list before the Election Day. The decision on this matter shall be made by the district election commission within the timeframe established by this article, based on the information provided by the precinct election commission.

3. The district election commission shall establish and approve on the basis of an ordinance the special list of adapted polling station voters not later than the 3rdday before the polling day, received from the precinct election commissions, as well as on the basis of their own data, and shall immediately transfer to the relevant precinct election commission a version of the list intended for the public information, signed by the chairperson and the secretary of the same commission, and not later than 12 hours before the voting – the version intended for the election commission.

4. The special voter list of the adapted polling station shall include the same voter data as in the unified voters list, and shall additionally indicate the serial number of the voter in the unified voters list.

5. The version of the special list of voters of the adapted polling station designated for public information (without photos) transferred by the district election commission to the precinct election commission shall be immediately posted in a visible place inside the PEC building (polling station).

6. The state bodies, municipality bodies, legal entities under public law (except for membership-based and religious unions) and organisations established with more than 50% participation interest of the state and municipality bodies are obliged to adapt at least four buildings for the placement of electoral precincts in the territory of the respective majoritarian electoral district (in different places, according to the geographical/territorial principle) in order to ensure availability for voters using wheelchairs, and provide information on adapted electoral precincts to the Election Administration of Georgia by 1 September 2020.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020

 

Article 201 Additional procedures for assigning a sequence number to an electoral subject

A sequence number of an electoral subject shall be determined under the procedure determined by Article 381 of this Law. In addition, an electoral subject that has received 0.75% or more than 0.75% of votes in the 2018 presidential elections of Georgia may, not later than the 57th day before elections, apply to the CEC and request that it participate in the parliamentary elections of Georgia with a sequence number which was assigned to it during the presidential elections of Georgia.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 202 – Temporary procedures for registration of parties/electoral blocs for running in the elections of the representative body of the municipality – Sakrebulo until 1 January 2021

1. In order to be eligible to participate in the elections of the representative body of the municipality – Sakrebulo, a party/an electoral bloc shall apply to the Chairperson of the CEC with an appropriate application signed by its leading person(s):

a) after calling the Sakrebulo elections, not later than the 57th day before the Election Day, if it meets one of the following conditions:

a.a) it was registered during the last parliamentary elections;

a.b) has a representative in the Parliament of Georgia for the day of calling the elections;

b) from 1 January to 15 July of the year of elections of municipality bodies, if it fails to meet any of the conditions set forth in subparagraph (a) of this paragraph.

2. A party that fails to meet any of the conditions set forth in paragraph 1(a) of this article shall, within 60 days of receiving a sample list of party supporters, but not later than 15 August, submit to the CEC a list of at least 1 000 voters supporting the participation of a party in the elections of the municipality representative body – Sakrebulo, if it is a qualified electoral subject, and if it is not a qualified electoral subject, a list of at least 25 000 (the number shall not exceed 1% of the total number of voters) voters. The list of supporters shall be verified by the relevant service of the CEC in accordance with the procedure and within the time limit established by Article 38 of this Law. During the election period, the relevant service of the CEC shall verify the lists of supporters and submit a report to the Chairperson of the CEC within two days after the submission of the lists.

3. An application shall be attached with an excerpt from the register of political associations of citizens (parties) issued by the legal entity under public law called the National Agency of Public Registry operating under the Ministry of Justice of Georgia, before the application was submitted to the CEC, within the last 10 days, with indication of a person (persons) authorised to be the head/representative of a party. At the time of registration of the party, to verify/confirm the authenticity of the data in the excerpt issued by the legal entity under public law called the National Agency of Public Registry operating under the Ministry of Justice of Georgia, the Agency shall provide the CEC with the possibility of accessing the bases of electronic data and verification.

4. An application shall include the following information about a party:

a) the name and/or its abbreviated name, if such is indicated in the statute of the party. Additionally, the names and surnames, or only surnames of no more than three leaders of the party may be indicated. The name by which the political party has been registered shall remain unchanged on the ballot paper;

b) the first and last name, address (according to the place of registration), telephone number and specimen of signature of a leader(s) of the party;

c) the first, last name, address (according to the identity certificate of a citizen of Georgia or the Agency database), the telephone number and the scope of powers of a representative;

d) if there are several leaders, the scope of powers of each leader in relation to the party’s electoral process.

5. The name, its shortened form and an abbreviated name referred to in paragraph 4(a) of this article shall not coincide with:

a) the official name and its short form of another party registered by the Ministry of Justice of Georgia (in the case of coincidence, the party may not use them);

b) the name and its short form of an electoral bloc running in elections if the application of the electoral bloc has been submitted to the Chairperson of the CEC earlier (in the case of coincidence, the party may not use them);

c) the name and its short form used by another party/electoral bloc during the recent parliamentary elections, unless the consent thereto of the party/electoral bloc is obtained.

6. The respective CEC office shall check the application and documents attached thereto and shall submit its report to the CEC Chairperson not later than the day after the filing of the application.

7. The CEC Chairperson shall, not later than the day after filing of the report referred to in paragraph 6of this article:

a) register the party and its representative for election purposes if the application filed and the documents attached meet the requirements of this Law;

b) submit a written notification to a representative of the party about any non-compliance of the filed application and the attached documents with the provisions of this Law (specifying the details of non-compliance) and, if there is such non-compliance, give the party two days after receipt of notice for correction of the application and documents;

c) in the case provided for by paragraph 2 of this article, the issue of final registration of the party shall be decided only after checking the lists of supporters.

8. A corrected application and documents referred to in paragraph 7(b) of this article shall be verified and the decision about electoral registration shall be made not later than the following day after submission of the application and documents. If the corrected application and documents meet the requirements of this Law, the CEC Chairperson shall register the party and its representative for election purposes (except for the provided for by paragraph 2 of this article). Otherwise, the CEC Chairperson shall, within the same time frame, issue an ordinance refusing to provide electoral registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of Law that are the basis for refusal). A representative of the party shall immediately be notified about the ordinance and shall be provided with a copy of the ordinance upon request. These procedures shall end not later than the 37th day before the Election Day.

9. If an application and attached documents (or a corrected application and documents), and the list of supporting voters under this article are submitted within the time frame determined in this Law and meet the requirements it sets, the CEC Chairperson shall, based on a report of the respective CEC office, register the party and its representative for election purposes not later than the following day after the receipt of the report. Otherwise, the CEC Chairperson shall issue an ordinance within the same time about the refusal to provide electoral registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of this Law that are the basis for refusal). A representative of the party shall immediately be notified about the ordinance and shall be provided upon request.

10. Parties registered by the CEC shall have the right to form an electoral bloc and leave the bloc. For the registration of the electoral bloc, not later than the 43rd day before the Election Day, the CEC Chairperson shall submit an application signed by the authorised leaders of all parties united in the bloc and the statute of the electoral bloc.

11. An application shall include the following information about a party:

a) the name and, if applied, its short form by which it runs in the elections, also a list of parties united in the bloc;

b) the first, last name, address (according to the identity certificate of a citizen of Georgia or the Agency database), of a leader(s);

c) the first, last name, address (according to the identity certificate of a citizen of Georgia or the Agency database), the telephone number and the scope of powers of a representative;

d) if there are several leaders, the scope of powers of each leader in relation to the party’s electoral process.

12. The name, its shortened form and an abbreviated name referred to in paragraph 11(a) of this article shall not coincide with:

a) the official name and its short form of a party (except for the party united in the same bloc) registered by the Ministry of Justice of Georgia (in the case of coincidence, the party may not use them);

b) the name and its short form of another electoral bloc running in elections if the application of the electoral bloc has been submitted to the Chairperson of the CEC earlier (in the case of coincidence, the party may not use them);

c) the name and its short form used by another electoral bloc during the recent parliamentary elections, unless the consent thereto of the electoral bloc is obtained.

13. The statutes of an electoral bloc, signed by the leaders of all parties united in the bloc, shall include:

a) name, and if applied, its short form of the electoral bloc under which the bloc runs in the election;

b) list of the parties united in the electoral bloc;

c) governing body (if any) of the electoral bloc, leaders and their powers;

d) procedure for decision-making by the electoral bloc, including the procedures for acceptance, withdrawal or exclusion of a party from the bloc, nomination of candidates for a representative body by the bloc, and cancellation of such nomination;

e) person(s) authorised to sign electoral bloc documents;

f) procedure for using the seal of one of the electoral bloc member parties in relation to election activities;

g) procedure for appointment of the persons in charge of election campaign expense, the manager, and the accountant;

h) procedure for making amendments to the electoral bloc statutes.

14. A party member of one electoral bloc may not be a member of another electoral bloc, or may not run independently in the same election.

15. The CEC shall, upon the acceptance of an application and statutes as referred to in paragraph 10 of this article, give to the representative of an electoral bloc a document evidencing the submission of the above application and statutes.

16. The respective CEC office shall verify an application and statutes submitted as referred to in paragraph 10 of this article and shall submit its report to the CEC Chairperson not later than the day after the filing of an application. The CEC Chairperson shall immediately provide electoral registration of an electoral bloc and its representative if the submitted documents meet the requirements defined in paragraphs 11-14 of this article. If the submitted documents do not meet the above requirements, the CEC Chairperson shall notify the electoral bloc representative, in writing, about non-compliance of the documents with the provisions of this Law (specifying the details of non-compliance). Corrected documents shall be re-submitted to the CEC not later than the following day after notification. The CEC Chairperson shall make a final decision on registration within two days after acceptance of the corrected documents. If the corrected documents meet the requirements of this Law, the CEC Chairperson shall register the electoral bloc and its representative. Otherwise, the CEC Chairperson shall issue an ordinance refusing registration (the ordinance shall specify the reasons for the refusal to provide electoral registration and the applicable provisions of this Law that are the basis for refusal). A representative of the electoral bloc shall immediately be notified about the ordinance and the ordinance shall be provided to the representative upon request. The registration procedure referred to in this paragraph shall end on the 37th day before Election Day.

17. A party having gone through electoral registration may join a registered electoral bloc prior to the expiration of the term for registration of electoral blocs. For these purposes, the party shall file an application with the CEC Chairperson and submit a consent of the electoral bloc.

18. The CEC Chairperson by an ordinance shall, upon registration of an electoral bloc, cease the powers of representatives of the parties united in the bloc to all election commissions. The electoral bloc may appoint 2 representatives to each election commission.

19. If a party (parties) withdraws or is expelled from an electoral bloc before the expiration of the deadline for nomination of party lists/candidates, each of them may continue running in elections. If only one party remains in an electoral bloc for the above reason, electoral registration of the electoral bloc shall be cancelled by an ordinance of the CEC chairperson, and the parties previously united in the bloc may continue running in elections.

20. If a party withdraws or is expelled from an electoral bloc after the expiration of the deadline for nomination of party lists/candidates, the electoral registration of the party shall be cancelled by an ordinance of the CEC Chairperson. If only one party remains in the electoral bloc for the above reason, the electoral registration of the bloc shall be cancelled by an ordinance of the CEC Chairperson and the party remaining shall become the legal successor of the bloc.

21. The CEC shall publish the list of registered parties and electoral blocs on its official website in the order of submitting applications, not later than the 30th day before Election Day, as well as the list of the parties and electoral blocs that have been denied registration or the registration of which has been cancelled, specifying the reasons for the denial or cancellation.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

Article 203 Certain temporary procedures for submitting party lists for the parliamentary elections of Georgia to be held in 2032 and for the general elections of municipality bodies to be held before 2028

1. The procedures and deadlines established by this Law shall be applied when submitting party lists for the parliamentary elections of Georgia to be held in 2032 and for the general elections of municipality bodies to be held before 2028, unless otherwise provided for by this article.

2. The procedures for compiling a party list for the parliamentary elections of Georgia to be held before the 26 October 2024 parliamentary elections of Georgia shall be determined by a political party or an electoral bloc in such manner that at least one person in each four on the party list submitted to the CEC chairperson is a representative of an opposite sex. The relevant electoral subject shall submit the party list to the CEC chairperson not later than the 30th day before the Election Day. If in the party list submitted by the electoral subject there is no gender balance established by this paragraph, the list shall be returned to the electoral subject and it shall be given three days to rectify the defect. If the defect is not rectified, the party list shall not be registered.

(The normative content of the first sentence of Article 203(2), which stipulates that at least the fourth person in the electoral list for the Parliamentary Elections of Georgia to be held before the Parliamentary Elections of Georgia of 26 October 2024, shall be deemed invalid) – Decision of the Constitutional Court of Georgia of 25 September 2020, No 3/3/1526 – website, 29.9.2020

3. The procedures for compiling a party list for the 26 October 2024 parliamentary elections of Georgia and for the next parliamentary elections to be held before 2028 shall be determined by a political party in such manner that at least one person in each four on the party list submitted to the CEC chairperson is a representative of an opposite sex. The relevant political party must submit the party list to the CEC chairperson not later than the 30th day before the Election Day. If in the party list submitted by the political party there is no gender balance established by this paragraph, the list shall be returned to the political party and it shall be given three days to rectify the defect. If the defect is not rectified, the party list shall not be registered

4. The procedures for compiling a party list for the 28 October 2028 parliamentary elections of Georgia and for the next parliamentary elections to be held before 2032 shall be determined by a political party in such manner that at least one person in each three on the party list submitted to the CEC chairperson is a representative of an opposite sex. The relevant political party shall submit the party list to the CEC chairperson not later than the 30th day before the Election Day. If in the party list submitted by the electoral subject there is no gender balance established by this paragraph, the list shall be returned to the party and it shall be given three days to rectify the defect. If the defect is not rectified, the party list shall not be registered.

5. An electoral subject shall be entitled to submit a party list to the CEC chairperson for the elections specified in paragraphs 2 and 3 of this article in such manner that at least one person in each three on the party list submitted to the CEC chairperson is a representative of an opposite sex. In the case of the fulfilment of the mentioned requirement, the electoral subject shall receive additional funding provided for by the Organic Law of Georgia on Political Associations of Citizens.

6. If an MP of Georgia who was elected under the party list of party independently running in the elections withdraws, his/her seat shall be occupied by the next successful candidate for MP in the party list who is a representative of the same sex, within one month, provided that the candidate gives his/her consent on the parliament membership within 15 days after the vacancy. Otherwise, the vacancy shall be taken by the next successful candidate in the list, who is a representative of the same sex. If there is no candidate of the same sex elected to the Parliament of Georgia on the party list, the vacancy shall be taken by the candidate for the next Parliament of Georgia withdrawn from the list of the members of the Parliament of Georgia.

7. If an MP of Georgia who was elected under the party list of an electoral bloc withdraws and the party list specifies that he/she was a member of one of the parties of an electoral bloc, the seat of the member who withdraws shall be occupied within one month by the next successful candidate of the same party in the list who is a representative of the same sex, if the candidate gives his/her consent to become an MP of Georgia within 15 days after the vacancy. Otherwise, the vacant seat shall be occupied by the candidate of the same party named next in the list of the same sex. Unless the party list specifies that the person is a member of one of the parties of the electoral bloc, his/her successor shall be determined as specified in paragraph 5 of this article.

8. The procedures for compiling a party list for the general municipal elections to be held before 2028 shall be determined by a political party in such manner that one in every two candidates on the submitted list is of an opposite sex.

9. For the general elections of municipality bodies to be held before 2028, the relevant political party shall submit a party list to the chairperson of the relevant district election commission not later than the 30th day before the polling day. If in the party list submitted by the political party there is no gender balance established by this article for the general elections of municipality bodies, the list shall be returned to the party and the party shall be given three days to rectify the defect. If the defect is not rectified, the party list shall not be registered.

10. If the authority of a member of the representative body of the municipality – Sakrebulo elected by the proportional electoral system is terminated prematurely, his/her seat in the relevant Sakrebulo shall be taken within two weeks by his/her successor, the candidate of the same sex for the membership of Sakrebulo who follows him/her in the same party list, if the candidate gives his/her consent to become a member of Sakrebulo within 10 days from the receipt of the notification from the relevant district election commission. If there is no candidate of the same sex for the membership of Sakrebulo on the submitted party list, the vacancy shall be taken by the candidate for the membership of Sakrebulo who follows the member who has been withdrawn from the list.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Decision of the Constitutional Court of Georgia of 25 September 2020, No 3/3/1526 – website, 29.9.2020

 

Article 2031 – Exemption from the obligation to submit a drug test certificate when registering as a candidate for MP in the 2020 Parliamentary Elections of Georgia and the procedure for submitting a drug test certificate by a person elected as an MP in the said elections

1. In order to be registered as a candidate for MP in the 2020 Parliamentary Elections of Georgia, a person is not required to submit a drug test certificate as provided for by this Law. If, before the entry of this article into force, a person has not been registered as a candidate for MP in the elections only because of the failure to submit a drug test certificate, the chairperson of the respective election commission is obliged to register such candidate within 3 days after the entry of this article into force.

2. A person elected as an MP in the 2020 Parliamentary Elections of Georgia shall, within 7 days from the polling day, undergo a drug test at the facility authorised to conduct drug testing as determined by the CEC under this Law, and submit a drug test certificate within the same time frame to the election commission where he/she was registered as a candidate for MP in the elections.

3. The CEC shall publish on its website the drug test certificates determined by paragraph 2 of this article and the information on the failure of the persons elected as MPs in the 2020Parliamentary Elections of Georgia to submit drug test certificates, within 2 days after the expiration of the timeframe specified in that paragraph.

4. When submitting the documents determined by Article 15(2)(i) of this Law to the Interim Credentials Commission of the Parliament elected in the 2020 Parliamentary Elections of Georgia, the CEC Chairperson shall submit to the newly elected parliament the information on the drug testing of the person selected as MPs in the 2020 Parliamentary Elections of Georgia.

Law of Georgia No 7163 of 18 September 2020 – website, 22.9.2020

 

Article 204 Final provisions

1. The Organic Law of Georgia ‘the Election Code of Georgia’ (the Legislative Herald of Georgia (‘Sakartvelos Sakanonmdeblo Matsne’) No 25, 22.8.2001, Art. 107) shall be declared invalid upon entry of this Law into force.

2. This Law shall enter into force upon promulgation.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

 

 

President of Georgia                                      M. Saakashvili

Tbilisi

27 December 2011

No 5636-რს

 

70. 21/10/2021 - Decision of the Constitutional Court - 3/2/1647 - Website, 25/10/2021 69. 28/06/2021 - Organic Law of Georgia - 703-Vრს-Xმპ - Website, 29/06/2021 68. 28/06/2021 - Organic Law of Georgia - 704-Vრს-Xმპ - Website, 29/06/2021 67. 22/06/2021 - Organic Law of Georgia - 673-IVმს-Xმპ - Website, 24/06/2021 66. 22/06/2021 - Organic Law of Georgia - 672-IVმს-Xმპ - Website, 24/06/2021 65. 25/09/2020 - Decision of the Constitutional Court - 3/3/1526 - Website, 29/09/2020 64. 18/09/2020 - Organic Law of Georgia - 7163-Iს - Website, 22/09/2020 63. 03/09/2020 - Organic Law of Georgia - 7098-Iს - Website, 04/09/2020 62. 03/09/2020 - Organic Law of Georgia - 7097-Iს - Website, 04/09/2020 61. 15/07/2020 - Organic Law of Georgia - 6855-რს - Website, 28/07/2020 60. 15/07/2020 - Organic Law of Georgia - 6854-რს - Website, 28/07/2020 59. 02/07/2020 - Organic Law of Georgia - 6723-რს - Website, 03/07/2020 58. 17/03/2020 - Organic Law of Georgia - 5773-IIს - Website, 23/03/2020 57. 17/03/2020 - 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Organic Law of Georgia - 3127-რს - Website, 11/07/2018 42. 22/12/2017 - Organic Law of Georgia - 1836-რს - Website, 29/12/2017 41. 26/07/2017 - Organic Law of Georgia - 1274-რს - Website, 29/07/2017 40. 26/07/2017 - Organic Law of Georgia - 1232-რს - Website, 29/07/2017 39. 17/05/2017 - Decision of the Constitutional Court - 3/3/600 - Website, 29/05/2017 38. 10/03/2017 - Organic Law of Georgia - 438-IIს - Website, 22/03/2017 37. 21/12/2016 - Organic Law of Georgia - 168-რს - Website, 28/12/2016 36. 24/06/2016 - Organic Law of Georgia - 5593-IIს - Website, 12/07/2016 35. 22/06/2016 - Organic Law of Georgia - 5441-IIს - Website, 12/07/2016 34. 22/06/2016 - Organic Law of Georgia - 5438-IIს - Website, 12/07/2016 33. 22/06/2016 - Organic Law of Georgia - 5434-IIს - Website, 29/06/2016 32. 23/05/2016 - Decision of the Constitutional Court - 2/3/591 - Website, 03/06/2016 31. 14/04/2016 - Decision of the Constitutional Court - 3/2/588 - Website, 04/05/2016 30. 23/12/2015 - Organic Law of Georgia - 4706-რს - Website, 08/01/2016 - Amendment contains transitional provision 29. 24/12/2015 - Organic Law of Georgia - 4721-რს - Website, 29/12/2015 28. 24/12/2015 - Organic Law of Georgia - 4715-რს - Website, 29/12/2015 27. 27/10/2015 - Organic Law of Georgia - 4392-Iს - Website, 11/11/2015 26. 03/09/2015 - Organic Law of Georgia - 4192-Iს - Website, 10/09/2015 25. 08/07/2015 - Organic Law of Georgia - 3973-რს - Website, 15/07/2015 24. 12/06/2015 - Organic Law of Georgia - 3695-IIს - Website, 15/06/2015 23. 28/05/2015 - Decision of the Constitutional Court - 1/3/547 - Website, 08/06/2015 22. 01/05/2015 - Organic Law of Georgia - 3562-IIს - Website, 18/05/2015 21. 20/03/2015 - Organic Law of Georgia - 3402-IIს - Website, 31/03/2015 20. 29/05/2014 - Organic Law of Georgia - 2485-IIს - Website, 02/06/2014 19. 17/04/2014 - Organic Law of Georgia - 2289-IIს - Website, 17/04/2014 18. 07/03/2014 - Organic Law of Georgia - 2093-IIს - Website, 14/03/2014 - Amendment contains transitional provision 17. 13/12/2013 - 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6605-რს - Website, 16/07/2012 - Amendment contains transitional provision 3. 29/06/2012 - Organic Law of Georgia - 6601-რს - Website, 13/07/2012 2. 22/06/2012 - Organic Law of Georgia - 6551-Iს - Website, 29/06/2012 1. 28/06/2012 - Organic Law of Georgia - №6571-რს - Website, 28/06/2012