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Assessment of the polling day of the second round of the parliamentary elections

2016-10-31 12:50
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The voting process of the second round of the parliamentary elections proceeded in a calm environment. The voters mainly expressed their will freely. 

The problems we have identified were related to inking (cases of casting of votes and attempts to do so by previously inked voters), marking of ballot papers in a different form (isolated cases of marking the ballot paper in a square or triangle form and of placing the voter invitation card in the envelope together with the ballot paper), threats to observers and interference with their activity/restriction of their rights, and the accuracy of the data on the badges of observers. We also identified other procedural violations, as well as 1 case of physical abuse (in Gori) and 1 case of interference with the activity of representatives of the media (in Batumi).

 

Unlike the polling day of the first round of the elections, no significant deficiencies were observed in the process of counting of votes and summarization of results (for example, procedural violations in filling in summary protocols).

 

However, we should give a negative assessment to the fact that candidates continued the malpractice of mobilizing their coordinators and activists within areas adjacent to precincts, who recorded the names of voters arriving at the precincts and, in isolated cases, recorded the electoral choices made by them, which can be assessed as indirect control/attempt to exercise control over the voters’ will (for example, by representatives of Georgian Dream and observing organization Georgian Barristers & Lawyers International Observatory at precinct no. 72 in Zugdidi district).   

 

We should give a positive assessment to the fact that, unlike the first round of the elections, no acts of violence within the outer perimeter of precincts or cases of raiding on precincts took place on the polling day of the second round. One of the important factors for ensuring a calm and non-violent election environment was the readiness of law enforcement to provide a quick response at precincts. We should also mention the election subjects’ contribution to the prevention of tension and violent incidents.   

 

We have identified 5 cases of casting votes and up to 70 attempts to cast votes by previously inked voters.

 

Information regarding alleged control over voters’ will

On October 29, the GYLA made an explanatory statement that giving voters an instruction to mark the ballot papers in a different form and to make a photo of this fact would constitute a violation of the Georgian legislation. It should be noted that the political association Georgian Dream denied having given such an instruction.

 

The GYLA’s observers have paid particular attention to the process of counting of votes and summarization of the results, in order to verify the veracity of the aforementioned information.

 

At the precincts where the GYLA’s observers were represented (up to 300 precincts), we identified up to 80 cases of marking a ballot paper in a different form (in a square or triangle form), as well as up to 40 cases of violation of the secrecy of the vote (at precinct no. 72 of Zugdidi district, voter invitation cards were found in more than 30 envelopes and at precinct no. 65.67.80 of the same district – in 8 envelopes; at precinct no. 20.10.23 of Gldani district, 2 ballot papers bore the voter’s signature). The aforementioned may raise questions regarding contol over the voters‘ will and the use of administrative resources in individual cases.

 

We identified 3 cases of marking a ballot paper in a different form in favor of the UNM (at precincts no. 92, 97 and 108 of Samgori district); in the rest of such cases, the ballot papers were marked in favor of Georgian Dream:    

 

Precinct no. 97 of Samgori (5 ballot papers);  

Precinct no. 92 of Samgori (2 ballot papers);

Precinct no. 53 of Samgori (3 ballot papers);

Precinct no. 37 of Samgori (10 ballot papers);  

Precinct no. 38 of Samgori (4 ballot papers);

Precinct no. 58 of Samgori (1 ballot paper);

Precinct no. 101 of Samgori (2 ballot papers);

Precinct no. 53 of Isani (4 ballot papers);

Precinct no. 77 of Isani (1 ballot paper);

Precinct no. 20.10.07 of Gldani (4 ballot papers);

Precinct no. 20.10.08 of Gldani (6 ballot papers);

Precinct no. 14 of Didube (2 ballot papers);  

Precinct no. 20.10.23 of Gldani (16 ballot papers); 

Precinct no. 49 of Nadzaladevi (1 ballot paper);  

Precinct no. 37 of Rustavi (8 ballot papers);

Precinct no. 72 of Zugdidi (1 ballot paper).

 

If any coercion, in any form, regarding the expression of voters’ will has taken place or takes place in the future, we ask the voters to approach us in our central office in Tbilisi and in the regional offices in Telavi, Kutaisi, Rustavi, Batumi, Zugdidi, Ozurgeti, Dusheti, and Gori.

 

We also identified interference with the activity of observers/restriction of their rights (5 cases) and problems related to mobile ballot boxes (2 cases). 

 

At this point, the GYLA’s observers have lodged up to 60 complaints and made more than 59 remarks in the logbooks in connection with the aforementioned violations.

The GYLA has actively observed the elections of legislative, executive and local government bodies since its founding (in 1994), trying to contribute to the conduct of elections in a quiet and fair environment and to steadfast observance of the Georgian legislation during electoral processes.

 

On October 30, the GYLA was observing the polling day of the second round of the parliamentary elections in Tbilisi and nine regions with up to 400 observers.            

 

The static observers were deployed to 300 polling stations across Georgia. Mobile groups were active in 45 majoritarian districts.

 

On the election day, the GYLA operated a special hotline by which citizens were able to get legal advice regarding the polling procedures. The GYLA also operated a hotline for journalists and media organizations. By calling the hotline, journalists and media organizations were able to get information that was interesting for them and legal consultation about electoral procedures, violations on the polling day, and the response provided, as well as to provide us with information about violations they had observed on the polling day. 

 

The hotline number is 223-63-48.

 

On the election day, the GYLA’s observers and analysts deployed to all the regions of Georgia were entering information into the electoral-analytical database in real time and analyzing it.

 

To get comprehensive information about violations that took place on the election day, you can visit www.electionsportal.ge where you can write about violations you have observed by filling out an online form or sending a free-of-charge text message to this number: 90039.

 

The GYLA’s monitoring mission of the polling day of the parliamentary elections was made possible by the funding of the Embassy of the Kingdom of the Netherlands, the Ministry of Foreign Affairs of Sweden, the Open Society – Georgia foundation, and the National Endowment for Democracy (NED). The opinions expressed in the statement belong to the Georgian Young Lawyers’ Association, and their content may not express the views of the donor organizations.