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Opinion on Pending Amendments to the Organic Law of Georgia - “Election Code of Georgia”

2018-05-28 11:18
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The Central Election Commission (CEC) has proposed a package of amendments to the Parliament of Georgia introducing changes in the organic laws of Georgia - the Election Code of Georgia, the Law on Political Associations of Citizens, and the Local Self-Government Code of Georgia. According to the author of the package, if adopted the amendments will improve norms of the Election Code, remedy its flaws and simplify some electoral procedures.

We believe that some amendments contained by the bill will improve electoral norms, including, for instance, amendments that define the notion of votes cast during an election, determine the time when electoral procedures should begin, specify the right of non-governmental organizations to lodge appeals in the non-electoral period concerning electoral lists and setting up of electoral districts, simplify registration procedure for nongovernmental and media organizations, specify the group of individuals that may be appointed as representatives of an electoral subject, specify regulations on membership of voters initiative groups, and more.

At the same time, many of the proposed amendments are not responsive to the goal declared in the explanatory note of the bill and may negatively effect the electoral environment. These amendments include, for instance, amendments indicating that presence in representations of political parties will no longer be considered canvassing; amendments that, if adopted, will increase chances of employing a commission member, who has previously committed a violation, in the electoral administration system and more.

We present to you a joint opinion of the Georgian young Lawyers’ Association, the International Society for Fair elections and Democracy, and Transparency International – Georgia about the pending amendments.

Please find attached file