Basic Principles of Conducting Elections
The third article of the Election Code of Georgia records the basic principles of conducting elections, referenda and plebiscites. Active suffrage belongs to every citizen of Georgia who has turned or turns 18 on or before the day of the elections. Elections are equal — every voter of the same electoral district has an equal number of votes — and direct: members of Parliament, members of sakrebulo and mayors are elected directly by the voters, while the President is elected by an electoral college without debate by open vote. The ballot is secret: coercion, intimidation and violation of the secrecy of the vote are prohibited and entail criminal liability. The registration of electoral subjects is carried out by the chairman of the respective commission: where the documents do not meet the requirements, the representative is notified within 2 days, 3 days are given to perfect the documents, and once corrected the registration issue is decided within 2 days of submission.
Status of Observers and the Registration Procedure
The right to observe elections belongs to local and international observer organizations registered with the Central Election Commission or a district commission. A local observer organization may be a non-entrepreneurial legal entity registered no later than 1 year before polling day whose statute provides for election monitoring or the protection of human rights; its leader or a member of its governing body may not be a person empowered to lead a political party or a donor to a party during the last 4 years. A local observer may be a citizen of Georgia from the age of 18, subject to statutory exceptions — a judge, a commission member or a representative of an electoral subject cannot be an observer, and a recognized administrative offender cannot be one for 4 years. For registration, a local organization applies no later than the 10th day before the elections, an international one no later than the 7th day; the commission decides within 5 days, and for international organizations no later than the 4th day before polling day. A commission cannot refuse registration to an organization meeting the requirements; a refusal is appealed to court within 2 days and the court decides within 2 days. One organization may have only one local and no more than 2 international observers in a precinct at a time.
Rights of the Observer on Polling Day
The forty-first article gives the observer broad rights: to attend commission sessions, be present in the polling building, observe all stages of the process, take part in the inspection of ballot boxes, observe the counting of votes and the drawing up of the summary protocol, appeal the actions of the commission and receive copies of the protocols. At the same time, the observer may not interfere in the activities of the commission, influence the voter, campaign or be in the polling building without a badge. On polling day a statement or complaint is handed to the chairman, deputy or secretary of the precinct commission, who registers it and issues a receipt; the chairman must eliminate the violation immediately, otherwise the observer may appeal it immediately to the district commission.
Time Limits and Procedure for Appeals
The seventy-seventh article establishes strict appeal time limits. A decision of a precinct commission is appealed to the district commission within 3 calendar days, and the district commission examines the complaint within 4 calendar days. A district commission decision is appealed to the district or city court within 2 calendar days, and the court decides within 2 calendar days; a court decision is appealed within 1 calendar day to the court of appeal, which examines it within 2 calendar days, and its decision is final. Decisions of the Central Election Commission are appealed to the Tbilisi City Court within 2 calendar days. The extension of these time limits is prohibited, the filing of a complaint does not suspend the contested decision, and an application filed out of time or in breach of procedure is left unexamined. A contact telephone number is mandatory; the election administration notifies a party of the hearing no later than 3 hours before it begins, and the absence of a party does not postpone the examination.
Electoral Disputes and the Circle of Plaintiffs
The seventy-eighth article determines the circle of plaintiffs. With respect to voter lists, the right belongs to the representative of an electoral subject, an observer organization, a commission member and a citizen whose application for inclusion in the list was not satisfied. With respect to the creation of districts and precincts, the composition of commissions, the registration of subjects and candidates, agitation, summary protocols and election results, the right belongs to the persons defined by law — including a registered party, an initiative group of voters, an observer organization and commission members. On certain registration issues an action is brought to the district or city court no later than the day after polling day, and the court decides the next day.
Frequently Asked Questions
How old must a voter be?
Active suffrage belongs to a citizen of Georgia who has turned or turns 18 on or before the day of the elections.
Who may be a local observer?
A citizen of Georgia from the age of 18 who does not fall within the statutory exceptions — for example, a judge, a commission member or a donor to a party during the last 4 years.
Within what period may a precinct commission decision be appealed?
Within 3 calendar days to the district election commission, which examines the complaint within 4 calendar days.
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Electoral disputes are governed by strict deadlines where a single day can be decisive. Our team will help you record a violation, file a complaint in time, draft a claim and represent your interests. Contact Legal.ge and together we will defend your electoral rights.