Final Report of the Election Observation Mission, for the Presidential Elections, 2013

On 4 July 2013 the president announced the day for conducting the Elections of the President of Georgia, in compliance with the legislative and constitutional requirements.  

 

The organization “The Centre for Development and Democracy” (CDD) in cooperation with Article 42 of the Constitution, via financial support of the Open Society Georgia Foundation, implemented the monitoring over the Elections of the President of Georgia of 27 October 2013 with observation mission involving 200 observers, on all three levels of electoral administration (The CEC, DEC, and PEC) in 10 regions and 73 election districts of the country. 

 

The observation mission observed pre election period as well as the polling day and the processes of vote counting and provision of the results. Besides, the observers observed election precincts in penitentiary facility, IDP settlements, highland areas and the regions populated with national minorities. 

 

The observation mission, in implementation of its activities, was guided by local legislation, international standards and code of conduct of observer of the organization. Our principles are as following: demonstration of respect to the law, independence, impartiality, preciseness and professionalism.  

 

Among the goals of the monitoring mission for the Elections of the President of Georgia of 27 October 2013 were: provision of support to conducting the elections in compliance with international standards and Georgian legislation with participation of local observer organizations in pre-election processes, contribution of improvement of pre-election processes, ensuring information of the voters and involved parties.   

 

In purpose to achieve the mentioned the following resources were used: social media   (Facebook, where the official page of CDD already has 17730 users), official website of the organization - www.CDD.ge, banner of which in pre-election period and at polling day was placed on www.myvideo.ge – in order to increase the number of the users of website.  

 

Observer mission was set up as a result of open and transparent process. 16 regional coordinators and long term observers were selected out of more than 500 applicants, as results of viewing the applications and interviews. Gender policy was envisaged while setting up the observer mission, and finally gender composition of the mission was as following: 55% women and 45% men.  

 

In purpose of proper preparation of observation mission long and short term trainings were provided to all circles of the mission: (long term and polling day observers, mobile groups, help line operators, lawyers and so on), The help line - 790 333 111 was functioning at polling day ,providing any interested person with comprehensive information about the process. 

 

In purpose to inform the society about the findings, plans and methodology of observation mission, the following activities were organized: 

 

On 19 September the reception – presentation of the activity of the organization and official ceremony of signing the observer’s code of conduct - was organized at the centre of culture “Muza”, for the representatives of media, local and international organizations and the parties engaged in election process. 

The reason for elaboration of the “Observer’s Code of Conduct” was the desire to ensure compliance of the behavior of each member of observation mission with high personal and professional standards of impartial observer. “The “Observer’s Code of Conduct” was mandatory for all observers of CDD. Any serious violation of mentioned code would be subject to particular sanctions.   

 

The media centre started its operation since 22 October. In total CDD conducted 5 press conferences in the media centre, among them 1 - one day prior elections on 26 October, 3 at E-day on 27 October and 1 summary press conference on 28 October. On 27 October the head of the mission summarized the electoral procedures underway at polling day in the programme “Spektri” of the TV Company “Kavkasia”. 

 

CDD actively participated in different working groups established on the topic of elections, among them: Technical Working Group, Inter Agency Commission (IAC/IATF) and so on. Representatives of the organization actively participated in the meetings with the representatives of international missions:  OSCE/ODIHR, US Senators, USAID and so on.  

 

It is to be mentioned that on 16 and 21 October the CDD chair – Ketevan Chachava with special invitation provided the trainings for the representatives of 80 members’ observation mission of the Embassies of USA, UK and Netherlands, for the elections of the president of Georgia of 27 October 2013.   

 

We are proud that according to  GCG Research – “Research and analyses of electoral environment – 2013” while identifying the top 10 organizations involved in the elections, Georgian population mentioned CDD together with GYLA,  ISFED), NDI, IRI, OSCE / ODIHR and Transparency International Georgia.  

 

 

Key findings 

According to the observation of CDD the Presidential Elections of 27 October went in calm, constructive and transparent environment. The electoral administration successfully administered the elections. The fundamental rights such as: the right for meeting and expression, receiving and access to information, stating the will of voter and appeal were ensured.  

 

Despite to grate effort for conducting the elections in full compliance with international standards and local legislation, significant shortcomings were identified.

We hope that the present monitoring will help the parties engaged in the process, in analyzing the achievements and eliminate the gaps, which in our opinion will strongly facilitate to the improvement of electoral environment.  

 

 

Pre - Election Period 

 

Legislative framework 

The president of Georgia shall be elected through direct elections, based on majoritarian – parallel electoral system, in particular two round electoral system, for five years term. 

 

Electoral process basically is regulated by the Constitution, the Election Code and the Law on Political Unions of Citizens. Electoral legislative framework is comprehensive and provides solid legal grounds for conducting democratic elections.  

 

In 2012 after the last parliamentary elections, many technical changes were made to electoral legislation, which satisfied the most of the recommendations of OSCE ODHIR. Mentioned changes were adopted with consensus at the Parliament, taking into consideration the majority of the recommendations of NGOs. The changes came into force in August of last year, which unfortunately was very close to the elections, while in future it is important to make changes at least 6 months prior the elections, as provided by international recommendations.  

 

We think that it is important to define in the legislation the issue of passive participation of public bodies in the events arranged within the frame of pre election campaign, besides it should be determined whether the police is eligible to attend such events  and if yeas in which conditions. 

 

Registration of the candidates 

The candidate for presidency of Georgia can be nominated by political union of the citizens (party) of an initiative group in composition of 5 members, for which they should submit respective application to the CEC. 

 

In total the CEC received the applications of 12 political parties and 42 independent candidates, with the request for registration as the candidate for presidency. All candidates were requested to collect the signatures of at least 0.75% of total number of voters. 7 candidates withdrew their candidacy, 24 candidates were rejected, some of them due to incompliance with legal requirements.  

 

It is to be mentioned that the process of registration of the candidates was transparent and inclusive, however some problematic issues were detected: the need for clarifying the requirements for the candidacy for president and occupying the position; the issue of participating as the candidate in the elections for the person with dual citizenship; the consistency of using the standards for the candidate and occupying the position.  

 

The CEC rejected to the registration of the persons with dual citizenship, mentioned decision was appealed and left unchanged by the Court. According to the legislation in force the person having dual citizenship cannot occupy the position of the president. However the law does not clearly distinguish the requirements for participation in the elections and occupation of the position of president. According to the assessment of CDD there is a gap in legislation which gives opportunity for interpretation of mentioned issue. We think that within the frame of the legislation in force the decision of the CEC and the Court is legitimate, however it is important to correct mentioned article against dual citizenship, in order to avoid the possibility for interpretation. 

 

Pre - Election campaign 

The candidates for presidency had opportunity to implement the campaign focused on electoral programmes, including at E-Day. 

 

Some political parties had been implementing active election campaign since the announcement of the elections, electoral headquarters were opened and the meetings with voters were organized as in the capital so in the regions. 

 

The meetings with population were conducted as outside so inside the buildings. At the meetings main focus of the candidates was made on improvement of living standards of the citizens, social economic conditions, employment. Besides, there were discussions on foreign policy and territorial integrity issues. 

According to CDD assessments the election subjects had opportunity for gathering in free environment and implementing electoral campaign.  

 

Despite to high number of the candidates, pre election campaign was less dynamic compared to previous years.  The following candidates were distinguished with active election campaign: Giorgi Margvelashvili (Georgian Dream), Davit Bakradze (United National Movement), Nino Burjanadze (Democratic Movement - United Georgia) and Shalva Natelashvili (Labour Party).  

 

Pre election campaign has showen importance to determine in the legislation the issue of passive participation of public bodies in the events conducted within the frame of pre election campaign, and if police servants have right to attend such activities and if yes then in which conditions

 

The voters’ registration  

In August of 2013 about 98 000 voters were removed from the list of the State Services Development Agency, due to incomplete data and incorrect addresses. Besides, the voters removed from the registration based on the owner’s application also are not included in the list. Above motioned voters could get reregistered by 10th of October, in order to   be included in united list of voters. It is to be mentioned that just 9 142 out of all voters removed from the registration were reregistered, one of the reasons of which could be insufficient campaign and time.

 

Our observation mission observed the arrival of mentioned voters to polling stations, where they did not get opportunity to realize their constitution right – voting, which violated the principle of universality of the elections.     

 

It is to be mentioned that public version of the list of voters removed from the registration,   published by the State Services Agency included personal data of the citizens, among them name, surname, date of birth and personal number.  According to CDD assessment personal number was disclosed in violation of the requirements of the Election Code and the Law on protection personal data of Georgia, and represents the subject for concern.   

 

We think that expression of the voter’s will and realization of Constitutional right should be higher than all other procedural technical issues. Deprivation of the voter’s right to vote in conditions of distribution of inadequate information is inadmissible.   

 

Voters’ awareness at penitentiary facilities 

Any capable citizen of Georgia, who is in pre detention or custody with the Court’s decision for minor crime and is sentenced to less than 5 years imprisonment, is eligible to participate in the elections of 27 October 2013. 

 

In penitentiary facilities 10 precincts were opened: for the staff, military servant and inmates. 1747 inmates were eligible to vote in the system.

CDD representatives monitored the compliance of displacing of agitation materials for the impetus’ awareness with the rules in some penitentiary facilities, in pre election period as well as on polling day.  The members of monitoring group examined election precincts, established in penitentiary facilities and accessibility of agitation materials, provided by political parties and/or representatives of the candidates for presidency for distribution in respective institutions.  With above mentioned purpose agitation materials of just two  candidates for presidency: Giorgi Margvelashvili (Georgian Dream) and Davit Bakradze (United National Movement) was provided to penitentiary facilities, and placed on the places accessible for all  convicts. Besides, there were facts of turning down the posters, which were followed by the respective response provided by the Election Code of Georgia.  

 

It is to be mentioned, that the Ministry of Corrections and Legal Assistance of Georgia organized the meetings on which high officials demonstrated political will for organizing open and transparent elections in penitentiary facilities. Respective instructions were issued by the representatives of penitentiary system and the representatives of penitentiary system ensured transparent and fair election process, with maximal adherence to the procedures.   

 

It is important that on special precincts, opened in above mentioned institutions, the lists included only the employees which at that day were implementing their duties and practice of previous years when all employees were included in special was changed. This significantly changed the number of the voters participating in the elections according to above mentioned lists.   

 

Dispute to the shortcomings revealed by observation mission we think that positive steps are made towards the improvement of process. 

 

Media and Elections 

The parliament and government of Georgia made several changes to the legislation and documents regulating media, transparency of the owners and finances of broadcasters became mandatory; the status of the state public channel – Adjara TV and  the way for its transformation into public broadcaster were determined; the rule for forming the board of  Public Broadcaster is fundamentally changed, which facilitates to the independence of this institute; the decree of the government of Georgia “on Requesting public information in electronic format and its proactive use” is already published; so called “Must Carry” and “Must Offer” principles are reflected in Georgian legislation, which made local broadcasting more accessible for population. However media still is facing important challenges.

 

Before the elections of 2012, despite to the fact that the paragraph regulating placement of free advertisement was not changed in the Election Code, which was actively requested by the representatives of media and observer organizations for years, the Georgian National Communications Commission interpreted the law differently from existing practice and made obligatory for private broadcasters to place free advertisement notwithstanding to placement of charged political advertisement.  Mentioned obligation is heavy burden especially for regional broadcasters, annual income of which does not exceed 100 000 GEL. Provision of free political advertisement costs thousands of GEL to these broadcasters, which is negatively reflected on sustainability and production of such companies. Besides, it is to be mentioned that possibility for interpretation of the criteria for using free political advertisement caused excitement and misunderstanding concerning the candidate for presidency – Nino Burjanadze, thus it is recommended to review and clarify these provisions, enabling the broadcasters to consider the candidates as qualified based on opinion polls in order to avoid reject to fulfilment or incomplete fulfilment of mentioned provisions.  

 

We think that the law should determine upper threshold of charged political advertisement, The cost of so called free advertisement should be calculated according to financial declarations of the broadcasters and should be compensated from the state budget. Implementation of these changes will make accessible placement of free political advertisement for all parties and on the other hand will facilitate to sustainability of the broadcasters. 

 

Qualified election subjects should also receive special advertisement vouchers, by means of which they will be able to place political advertisement on desired channel. Such change will release private broadcasters from the burden of placement of so called free advertisement. 

 

Based on our observation the media representatives had possibility to implement rights and duties awarded by the law and to provide the voters with information on ongoing processes.  

 

 

Election Day 

 

According to the information provided by observation mission of the organizations, the polling day went in calm environment in organized manner all over the country and finally the observation mission assessed the process positively. However some procedural inconsistencies took place during the day. 

 

Majority of violations recorded on polling day are procedural, among them: incomplete production of electoral documentation, voting with irrespective documentation, problems associated with voters’ list, non - full implementation of inking procedures on special precincts at penitentiary facilities, agitation on election precincts, errors in making curves on seals and shortcomings in the materials submitted to the DECs. 

 

Opening election precincts 

The election precincts basically were opened in quiet environment, however in some precincts the opening procedures were implemented improperly, in some cases inconsistently. For example some commissioners came late, the procedure of casting of lots lasted longer or was conducted for several times, curves were not made on seals, and control paper was not filled at completely or even at all. Single cases of delay in opening the precinct were also recorded. 

Voting process 

 

In general the voting process was well organized and majority of the employees of electoral administration implemented their tasks in professional manner. Consequently, the observation mission assessed the polling process as positive, however some shortcomings were revealed.  For example the polling booth was not set up properly, full material was not posted on the walls, were cases of: so called “family voting”; voting with incomplete documentation (with driving license, copy of ID and so on); voting without inking. 

 

Closing the precincts

Closing the precincts procedures went with some violations, some important problems took place, such as incorrect sealing of documentation (unsealed envelopes of documentation and seal were brought to the DEC), second cut on the seal, incorrect/incomplete filling of summary protocol.  

 

It is to be mentioned that main reason of mentioned violation is the problem of commissioners’ qualification. Thus we think it is very important to introduce the commissioner’s liability for attending trainings; and to limit   the terms for withdrawal the commissioner by political parties and increase existing terms (minimum up to 25 days prior the elections), in order to ensure proper preparation of the commissioners. Taking in to consideration international best practeses it would be desirable to adopt training methodology and have more focus on simulation of polling day procedures and development of practical skills of the commissioners.   

 

According to the observers some procedures of E-Day, which regulate opening of election precincts, voting and vote counting, make the process more complicated, while not making any contribution to improvement of transparency.

 

We think that polling day is overloaded with procedures which make complicated the administration of the process, represent bureaucratic mechanisms and require additional resources. Removal of the procedure of making curves on precinct and registrars seals will significantly simplify the poling day procedures.

 

 

Vote counting and the results of the Elections 

 

Monitoring of summary protocols

The observation mission paid special attention to the monitoring of summary protocols, which we compared with the protocols provided on official website of the CEC (www.results.cec.gov.ge) and the protocols received by us form the PECs.  The process of analyses of above mentioned material required more time than defined officially for submission of official complaints, however we still submitted to electoral administration our analyses and statistics for further response.

 

According to the Election Code of Georgia after the conclusion of polling, the chairperson of the PEC shall put a second special cut to the commission and registrar seals (article 67).  The PEC secretary, in agreement with the chair fills the summary protocol which is signed by all members of the commission, which verifies their presence at the precinct. After this the summary protocol is endorsed by the PEC stamp (article 71).

 

Following problems were revealed with the regard to above mentioned procedures: summary protocols of some precincts were endorsed with one cut (231 precincts) or not cat (33) seals; some summary protocols were without seal at all (42). Some protocols were not signed by the PEC chair and members, or the seal is not readable, some amendments are made to the protocol and so on. In total we revealed 380 protocols with shortcomings.  

 

The observation mission based on random sampling verified the summary protocols and revealed the balance problem. However, all above mentioned protocols are accompanied by explanatory note or correction protocol in compliance with the legislation in force.  

 

We hereby want to mention that we detected minor shortcoming in training materials prepared and published by Elections Systems Development Reforms and Training Centre. In particular in “polling day procedures” (page 31) and “the guidelines for the PEC members” (page 31), where the development of summary protocol is discussed, the need for just commissioners’ signatures is mentioned and nothing is said about the endorsement of the protocol with the stamp, which is provided by article 71 of the Election Code. It is to be mentioned, that mentioned responsibility was included in the instructions of the chair and secretary of commission. Besides, in the course of the trainings this issue was fully covered by the trainers, but many commissioners did not attend the training, since this was not mandatory, which in our opinion is directly linked with high number of violations. 

 

Results of the Elections 

On 12 November the CEC summarized the results of the elections of the president of Georgia of 27 October 2013. 1 660 976 voters participated in the elections, which compiled 46.95 % of total number of voters (3 537 719).  30 101 ballots were deemed invalid, which according to the law are not included in

the number of participating voters. 

 

According to final results of the elections Giorgi Margvelashvili got 62,12% of votes, Davit Bakradze - 21,72%, Nino Burjanadze - 10,19%, Shalva Natelashvili - 2,88% and Giorgi  Targamadze - 1,06%, percentage of other candidates for presidency did not exceed 1%.

 

Applications and Complaints 

The Election Code of Georgia establishes prompt process for dispute resolution. Appealing the decisions of the commission and decision making should be managed within 1-3 calendar days. The applications are submitted to the Court of Appeal and the decisions of this instance are final. 

 

The representatives of all parties and election blocs participating in the elections as well as of registered observers are eligible to submit the complaint in any case, however there is particular problem in the law since the right of the initiative groups (of independent candidates) for submission of the complaint is not recorded everywhere. 

 

Due to mentioned, it is recommended to make amendments to the law, according to which all subjects participating in the elections will be eligible for submission of complaints related to the elections.  

 

According to the assessment of observation mission, on polling day electoral administration of all levels operated properly. The complaints were discussed promptly and transparently.  The representatives of organization and other authorized bodies had possibility to attend the process of discussion and state own position about the complaints submitted concerning different procedural or legal issues. It is to be mentioned that this process was accompanied by the sharing of given recommendations.

 

It is to be mentioned that all parties defined by the law had possibility to use the right for appeal, in the instances of higher level of electoral administration as well as in the Court.

 

 

The parties engaged in the elections 

 

Election Administration 

The elections of the president of 2013 were conducted by three levels electoral administration – Central Election Commission – 73 District election Commissions and 3 655 Precinct Election Commissions.  Besides, 34 special precincts were opened in penitentiary and healthcare facilities and 52 – in diplomacy and consulate missions abroad. 

 

Gender balance was mostly ensured on all three levels of election administration, however the majority of the chairs of the DECs and the PECs were men, and absolute majority of secretaries were women. The composition of commissions in areas populated by ethnic minorities also   deserves positive assessment, since the representatives of ethnic minorities were actively presented. 

 

Dispute to legislative changes implemented in 2013 the rule for setting up electoral administration was not changed; except for the rule for electing the secretary of the PEC, according to which the secretary could be elected only form the members appointed by opposition political unions. After the changes the secretary can be elected by general rule, which means that each commissioner has opportunity to become a secretary.   

 

For the elections of the president of 2013 the election commissions were set up with the members appointed by just two political parties the coalition “Georgian Dream” and “United National Movement”, except for the members elected as professionals.

 

On 12 August 2013 the chair of Central election Commission of Georgia – Zurab Kharatishvili resigned and got registered as the candidate for presidency. Domestic observer organizations, including CDD nominated and supported Tamar Zhvania as the candidate for the chair of the CEC, which based on the nomination of the president, was elected as the CEC chair on 11 September 2013. Mentioned step could be perceived as improve of the confidence of the society towards the CEC.  

 

Central Election Commission (CEC)

The CEC was distinguished with its practical attitude, regularly provided information on electoral processes to participants of the elections and to other interested bodies. Different meetings were arranged with media and political parties, international missions and the representatives of diplomatic corps. 

All information related to the elections was published on official webpage of the CEC and updated regularly. Besides, helpline and online chat were functioning effectively, providing comprehensive and precise information to the voters and stakeholders.  SMS system was implemented effectively, used for distribution of information about the meetings. Central Election Commissions actively participating in the process of informing the voters.  

 

In purpose to ensure equal election environment for the voters, election administration implemented important activities, among them: education campaign for people with disabilities, development of special form for ballot. However, the issue of adapted election precincts still remains a problem.  According to the CEC 302 precincts were adapted all over Georgia, which is just 8% of total number of precincts. Besides, it is important to work actively with mentioned voters in order to inform and motivate them.  

 

Positive role of the CEC on polling day should be highlighted. The CEC was proactive, promptly responded to submitted information onviolaitons and was open for cooperation. 

 

Due to all above mentioned CDD assessed the operation of the CEC as high professional, transparent and unbiased. 

 

District Election Commission 

The members of district election commissions were prepared and informed on high level. The successfully with managed certain problems appeared at the precincts on polling day. However, unfortunately the DECs had unfriendly attitude towards the observers and in some cases even tried to hinder in implementation of observing activities, which was eliminated only after the interfere of higher level commission.  

 

Precinct Election Commission 

Precinct election commissions managed to implement the tasks assigned to them and ensured opportunity for expressing voter’s will secretly.   

 

Unfortunately the problems related to the competence of the commissioners were recorded. The observers of the CDD detected the following: improper production of the documentation, voting with importer documentation, problems related to the voters’ lists, in-homogeneous implementation of inking procedures on special precincts at penitentiary facilities, agitation on polling stations, improper cuts on stamps, also the shortcomings of the material submitted to the DEC. We think that above mentioned problems were caused by low competence of the PEC members and insufficient knowledge of the procedures. 

 

It is important to introduce motivation mechanisms for the member of the elections administration. We believe issue of high fines for the member of the PEC has to be revised and decresed in line with the salaries. 

 

LEPL “The Electoral Systems Development, Reforms and Training Centre"

The Electoral Systems Development, Reforms and Training Centre provided trainings for the representatives of local self governance, councils of ethnic minorities, penitentiary system, media and domestic observer organizations. We think that this approach is important for homogeneous perception of the process.    

 

The centre developed a film on electoral procedures and electronic training programme, also published different textbooks for different participating parties.   Above mentioned material was accessible for any interested person and represented good resource.  

 

Operation of the centre and implemented projects on voters’ awareness can be assessed as positive.  Support of the Electoral Systems Development, Reforms and Training Centre was important for the CDD in terms of receiving training materials and organizing the trainings for central office and trainers.

The CDD observers implemented monitoring of the trainings of the PEC members. Based on the results of the monitoring it is to be mentioned that the PEC members received full information concerning the poling day procedures, which was envisaged by the training methodology. Taking into consideration existing reality, when great number of the PEC members was renewed, it would be desirable to envisage this factor in training methodology and have more focus on simulation of polling day procedures and development of practical skills of the commissioners.   

 

Presence of the commissioners was a problem, due to that we think that the trainings should become mandatory for the commissioners. Besides, the terms for withdrawal of the members by the parties should be increased, in order to manage effective preparation of above mentioned. 

 

Inter Agency Commission for Free and Fair Elections’

Inter Agency Commission for free and fair elections was established at the Ministry of Justice of Georgia for purpose of prevention of violation of electoral legislation and response to that.  The commission provided political parties and observer organizations with the platform for discussing and responding to the problems and violations concerning the elections. Unfortunately, the recommendations of Inter Agency commission are not legally binding, consequently certain important recommendations were not responded. 

 

We want to assess positively the fact that Inter Agency Commission signed the memorandum on using administrative resources, which were elaborated and signed jointly by the CEC and observer organizations.   

 

Unfortunately, the sessions of Inter Agency Commission in many cases were conducted in non constructive environment and represented the place for political debates and assessments, Critical and in some cases even insulting comments were often used against the representative of United National Movement. Some weeks prior the elections United National Movement terminated attendance of the commission sessions. 

 

We think that operation of Inter Agency Commission has special importance in terms of stating political will and prevention, and concerning the violations which already took place should be responded by the agencies authorized by the law (electoral administration, the Court and so on).   For improvement of trust towards the commission it is important if commissioners refrain from participation in election campaigns in favour pr against any political subject and ensure operation of the commission in constructive environment.  

 

Inter fractional group of the Parliament of Georgia 

On 7 March in purpose of improvement of electoral legislation, inter fractional group was established at the Parliament of Georgia. The group should reach consensus on seven issues and initiate the draft low at the parliament by the end of April. However, the group failed in agreeing the positions that effectively as was expected by the involved parties and small number of agreed issues was adopted by the parliament small time before the elections, which of course is problematic issue and contradicts to international recommendations. 

 

State Audit’s Office 

Important role of the State Audit’s Office in terms of monitoring the finances of political parties should be highlighted, especially when in 2013 legal bodies got right for making contributions. In such situation the operation of State Audit’s Office was less active compared to the parliamentary elections of 2012.

 

 

Recommendations 

 

In purpose to conduct the elections in qualitatively better, transparent and fair environment in compliance with international standards, we think that the following issues should be put in order: 

 

Registration of election subjects  

In purpose to improve trust towards registration process and to ensure equal and fair environment for the persons involved in the process, the Parliament of Georgia should implement legislative changes which will clarify the requirements for registration as the candidate for presidency and occupation of the position, exclude any discrimination of the citizens of Georgia (people with dual citizenship) in terms of implementation of passive election right.

 

Defining the date of the elections 

We think that definition of the date of elections will act important role for all parties involved in the process of preparing for the elections.  

 

Electoral disputes 

We think that all subjects should have right for submission of the complaints concerning the elections; consequently mentioned amendments should be made to the Election Code. 

 

Participation in pre-election campaign

We think it is important to determine in the legislation the issue of passive participation of public bodies in the events conducted within the frame of pre election campaign, and if police servants have right to attend such activities and if yes then in which conditions.   

 

Simplification of polling day procedures

We think that the polling day is overloaded with certain procedures, which makes difficult the administration of the process, introduces bureaucratic mechanisms and requires additional resources, The E-day procedures could be simplified significantly by removal of the procedures for making special curve on the seal and inking.  

 

Optimization of the number of the members of the commissions  

We think that the functions – duties of the commissioners should be revised and optimized. In conditions of simplification of the polling day procedures and proper distribution of certain functions, number of commissioners could be reduced. Each member of the PEC should have particular function, and in the precincts where the number of voters is small it is possible to appoint 3, 4 or 4 commissioners instead of 6. 

 

Also, it is possible to decrease number of PEC member via increasing mandatory one register per each 300 voters up to one register per each 500 voters.  

Optimization of the composition of the commission will facilitate to better distribution of available resources and possibility for better salaries and preparedness of the commissioners. 

 

The steps essential better preparation of electoral administration 

We think that it is extremely important to introduce the obligation for attending the trainings by the PEC members; as well as limitation of the terms for withdrawal of the PEC members by political parties and increase of existing terms (at least up to 25 days prior the elections), in purpose to ensure appropriate preparation of the commissioners.  

 

Taking in to consideration international best practeses it would be desirable to adopt training methodology and have more focus on simulation of polling day procedures and development of practical skills of the commissioners. 

 

Restricting agitation at polling day  

We think the restriction of the agitation and announcement of the silence on election day will contribute positively to improvement of electoral environment at polling day. Besides, this could be observed as the prevention of mobilization of the supporters near the election precinct and of pressure on the voter’s will.   

 

Applications and Complaints 

It is to be mentioned that all parties defined by the law had possibility to use the right for appeal, in the instances of higher level of electoral administration as well as in the Court.

 

It is important to introduce motivation mechanisms for the member of the elections administration. We believe issue of high fines for the member of the PEC has to be revised and decresed in line with the salaries. 

 

Financing political parties 

It is important to reduce total amount of annual electoral expenditures. The connection with GDP should be abolished and real threshold should be identified, which will be in complance with the population size and the resources accessible for electoral campaign.  

 

It is important to revise the resources and mandate of the service for financial monitoring of political parties of State Audit Office, in purpose to enable them to implement proper financial monitoring and to facilitate to maximal transparency of the funds available in politics.   

 

Media and elections 

We think that upper threshold of charged political advertisement should be determined by the Law. The cost of so called free advertisement should be calculated in accordance with financial declarations of the broadcasters and should be compensated from the state budget. Implementation of this change on one hand will make ensure access of all political parties to placement of political advertisement and on the other hand will facilitate to sustainability of the broadcasters. 

 

Besides, the qualified election subjects would receive special advertisement vouchers, by means of which they will be able to place political advertisements on desirable channels. Such change will release private broadcasters from the burden of the placement of political advertisement.  

 

 

The views, opinions and statements expressed by the authors and those providing comments are theirs only and do not necessarily reflect the position of Open Society Georgia Foundation. Therefore, the Open Society Georgia Foundation is not responsible for the content of the report.

 

24-01-2014