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 time frame, 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, except for the extraordinary elections for the President of Georgia. In this case, the DEC shall elect 6 PEC members not earlier than the 38th day and not later than the 36th day before Election Day. Members of the PEC set up in exceptional cases shall be elected not earlier than the 10th day and not later than the 9th day before Election Day.

5. The CEC shall elect 6 members 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 the party authorised under Article 24(4) of this Law regarding the appointment of a PEC member shall be submitted to the respective DEC not earlier than on the 45th day and not later than on the 40th day before the Election Day, except for the extraordinary presidential elections. In this case, the decision of an authorised party regarding the appointment of a PEC member shall be submitted to the respective DEC not earlier than on the 14th day and not later than on the 9th day before the Election Day; and for a PEC operating outside the country, the same decision shall be submitted to the CEC after setting up the PEC, not later than on the 20 day before the Election Day.

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.

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 candidate shall not be deemed a member of the commission if the deadlines for submission of respective documents defined in this article are not met and/or the documents submitted are incomplete or inaccurate, and if the deficiency in documents is not corrected within the time frame referred to in this paragraph. If the submitted documents do not meet the requirement defined by this article, the CEC or DEC chairperson shall, within two days, inform (specifying the discrepancy) the person who elected/appointed the commission member. Corrected documents shall be re-submitted to the respective DEC or the CEC within three days.

13.1. A person appointed by an authorised party as a member of a PEC shall not be considered as a member of the PEC in the case 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. In such a case, the DEC Chairperson shall notify the authorised party about this within two days and shall give additionally a one day period to nominate a new member to the DEC.

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.