Home > 4.3 Regional and federate elections > GEORGIA - Joint opinion on draft amendments to the Election Code and the Law on Political Associations of Citizens
 
 
 
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Paragraph 37
 

The draft amendments introduce a new chapter VIII.1 of the Election Code on ‘Voting by Electronic Means’ which significantly expands the use of electronic means on election day, both in terms of the technology used and geography-wise. For the 2021 local elections, the CEC was authorised to use electronic means to carry out voter verification at polling stations, voting and counting of votes, and drawing up of a summary protocol of results and had wide discretion in terms of in which locations the technology would be used. The CEC implemented limited use of electronic means in the 2021 elections, which only included a pilot of the ballot scanning for counting in one district in Tbilisi and selected polling stations in two other regions. Under the current draft amendments, the processes for verification of voters at electoral precincts, voting and counting, and the drawing up of summary protocols are required to be conducted by electronic means in the electoral districts/precincts determined by a CEC decree, with the requirement for covering at least 70 per cent of the total number of voters nationwide. According to interlocutors, the term “electronic voting and counting” in the draft law, refers to special paper ballots that are electronically scanned and counted, not to the use of electronic voting machines. The draft would benefit from clearly stating that the voter marks her/his choice using a paper ballot, which will then be scanned. The proposed amendments do not include any criteria for the CEC to apply in deciding which electoral precincts will use electronic means, and some interlocutors noted a lack of trust in the CEC to impartially exercise such discretion. In light of this, ODIHR and the Venice Commission recommend clarifying such criteria in the legislation, to bolster trust in the process and avoid any perception of selective application of the electronic voting and counting measures.