The Basic Principles of Electoral Rights
Voting rights in Georgia are governed by the Electoral Code, whose Article 3 sets out the basic principles for holding elections, referenda and plebiscites. Active suffrage belongs to every citizen of Georgia who, before or on the day of the election, has turned or turns 18 years old and meets the conditions established by the Code. Voters participate on an equal basis, and every voter of the same electoral district has an equal number of votes. Elections in Georgia are direct: members of Parliament, members of sakrebulo and mayors are elected directly by voters, while the President is elected by an electoral college through an open ballot without debate. Voting is secret; the coercion, intimidation of a voter or violation of the secrecy of the vote is prohibited and triggers criminal liability of the offender. These foundations make the electoral process transparent and equal for every participant.
The Unified Voter List and Its Verification
Under Article 31 of the Code, the unified voter list is compiled on the basis of the population registration database, data on deceased persons and consular registration; it also includes persons who will turn 18 by election day. The Central Election Commission updates the list several times a year. A voter is entitled to request access only to the data concerning the voter and the voter's family members, and, upon discovering an inaccuracy, to demand a correction no later than the 18th day before election day. The district election commission reviews an application within 2 days of its receipt, and, if fewer than 2 days remain before polling day, immediately. A refusal may be challenged in court. Changes to the lists are prohibited during the last 12 days before election day except in cases provided by the Code, and in a defined period a change may be made only by a court decision. Under Article 34, the precinct commission must post the voter lists in a visible place no later than the day after their transfer; the lists carry marks such as consular registration, presence abroad, military service, hospitalization or inclusion in the mobile ballot box list.
The Voter Card
Under Article 35 of the Code, the precinct election commission hands the voter card to the voter no earlier than 30 days and no later than 2 days before polling day. The card indicates the date and time of the vote, the address of the polling building, the voter's number in the list, the precinct number and the place of registration. A significant guarantee is that non-receipt of the card is not a ground for restricting the right to participate in the vote: the voter exercises the right to vote with an identity document, which protects citizens from administrative obstacles.
Responding to Violations on Polling Day
On polling day, an application or complaint is submitted to the chairperson, deputy or secretary of the precinct election commission, as established by Article 72 of the Code. The secretary registers the application in the logbook and issues the complainant a note bearing the date, time and registration number. The complaint must describe the essence of the violation, the time of its commission and, where possible, the data of the offender. The chairperson is obliged to react immediately and eliminate the violation; in case of refusal, an observer or a representative of an electoral subject may immediately appeal the violation to the district election commission. On a complaint related to the counting of votes, the district commission adopts a decision within 4 days of registration; where the complaint is defective, the submitter is given a reasonable period to cure it, and an application submitted in breach of the procedure is left unconsidered.
Appeal Deadlines and Instances
Article 77 of the Code establishes a clear hierarchy of appeals. A decision of the precinct commission or its leading person may be appealed to the relevant district election commission within 3 calendar days, and the district commission reviews the complaint within 4 calendar days. A decision of the district commission is appealed to the district or city court within 2 calendar days, and the court likewise reviews the complaint within 2 calendar days. A court decision may be appealed to the appellate court within 1 calendar day, and the appellate court adopts its decision within 2 calendar days of the filing. These short deadlines are designed to resolve electoral disputes quickly, while the elections are still meaningful.
Frequently Asked Questions about Voting Rights
How old must a voter be?
Active suffrage belongs to a citizen who has turned or turns 18 before or on election day, unless another restriction applies under the law.
When is the voter card delivered?
The precinct commission hands the card to the voter no earlier than 30 days and no later than 2 days before polling day; its non-receipt does not restrict the right to vote.
How do I check my data in the voter list?
You may request access only to your own and your family members' data, and demand a correction of an inaccuracy no later than the 18th day before election day.
Where do I appeal a precinct commission decision?
It is appealed to the district election commission within 3 calendar days of its adoption, and the dispute can then proceed to the courts and the appellate instance.
How We Help on Legal.ge
If your electoral right has been infringed in the compilation of the lists, on polling day or during the appeal process, the Legal.ge team will help you choose the correct form of complaint, calculate the deadlines and prepare an application to the relevant commission or court. We will assess your situation under Articles 3, 31, 34, 35, 72, 74 and 77 of the Electoral Code.