ELECTION: Improvements to Georgia’s election code

Information Note
November 29, 2007

SUBJECT: Improvements to Georgia’s election code
In recent weeks, Georgian authorities and opposition representatives have negotiated to reach constructive compromises on amendments to the country’s election code. The changes will transform the current majoritarian election system for Parliament into a system based on proportional representation, alter the composition of the Central Election Commission, and provide equal allocation of free television airtime for presidential candidates from qualifying parties. Additionally, a government-proposed constitutional amendment will lower the election threshold for Parliament from 7 percent to 5 percent, as well as reduce the number of signatures required for candidate registration. Early presidential elections, as well as a simultaneous plebiscite regarding the date for parliamentary elections, will allow Georgian citizens to democratically express their choice on issues that had temporarily led to political impasse between the governing majority and the opposition.

A. Reduction of barriers to election
• On November 15, the Parliament of Georgia gave preliminary endorsement to constitutional amendments that will decrease the election threshold for Parliament from 7 percent to 5 percent. These amendments are now being subjected to a onemonth period of public discussion; they are expected to be adopted afterwards without delay.
• Lowering the electoral threshold will encourage plurality in Parliament and facilitate the
emergence of new political voices. The expected amendments are in line with recommendations from the Council of Europe and other international organizations.
• The number of signatures required to nominate a candidate will be reduced, so as not to exceed 1 percent of the number of registered voters. Reducing barriers to candidature will render the political field more competitive, enabling a wider range of choices for voters.
• Based on a series of discussions with opposition parties, the Government has agreed to opposition demands to transform the current majoritarian election system for Parliament into a system based on proportional representation. Some MPs will be elected though a nation-wide party list system, while the other part will be elected through regional party lists. This effectively eliminates the previous system whereby one-third of the Parliament was to be elected through a ‘first past the post’ system.

B. Early presidential elections and plebiscite
• To offer a democratic and constitutional means of resolving Georgia’s recent political impasse, President Mikheil Saakashvili announced snap presidential elections to be held on January 5, 2008. Currently, 22 candidates have expressed their desire to contest the Presidential poll. These elections will give citizens an opportunity to freelychoose Georgia’s future course.
• By scheduling elections for January 2008, the President has cut short his term in office by more than 1 year and 3 months.
• Parallel to the presidential election, voters will also cast ballots in a plebiscite to decide the date of upcoming parliamentary elections. The constitution currently provides for elections in fall of 2008; the opposition, however, has demanded elections in April 2008. The plebiscite will resolve this disagreement by putting the choice directly in front of Georgia’s citizens. The plebiscite will also include a question asking voters whether they support Georgia’s integration into NATO.

C. Composition of the Central Election Commission
• As a result of negotiations between the authorities and opposition parties, membership in the Central Election Commission (CEC) will be changed. Under the previous system, Commissions were staffed by politically non-affiliated electoral professionals who had to pass examinations to gain membership. Following the changes and demands of the opposition, the CEC will now be composed by 6 independent, non-affiliated members, nominated by the President after open competition and elected by Parliament. Seven other members of the CEC will be party representatives; each party that received at least 4 percent of votes in recent nation-wide elections or has a parliamentary faction will have members in the CEC. Thus, the governing United National Movement party and 6 opposition parties— the Labor Party, Conservatives, Republicans, Industrialists, New Rights, and Freedom Party—will each be eligible to appoint 1 member. For the CEC to reach a decision, a two-thirds majority (i.e., 9 of 13 members) will be required. As such, at least 2 opposition parties’ representatives should support a decision for it to be considered valid. The majority party will not be able to make unilateral decisions.
• Precinct electoral commissions will be reformed according to the same formula—the commissions will include 6 non-affiliated members and 7 party representatives.
• The maximum number of registered voters in any given precinct has also been lowered according to opposition demands from 2,000 to 1,500 in most areas. Additionally, military servicemen will be eligible to vote at either their home precinct or at the precinct where they are stationed on duty.
• The Ministry of Finance expects to allocate roughly 20 million GEL to help the Central Election Commission prepare for the upcoming elections. The CEC has been rechecking voter lists to ensure that they are as accurate as possible.

D. Voter registration
• One outstanding point of disagreement between the authorities and the opposition pertains to voter registration. Opposition representatives sought to prohibit registration on election day, while the Government felt strongly that allowing registration at the polling stations would serve as the most practical and effective way to remedy potential confusion with respect to precinct assignments. Although voter list audits indicate that the lists’ error rate is only 1-2 percent, the abovementioned reduction in precinct sizes will necessitate the rearrangement of precinct boundaries; this may lead to some confusion on the part of voters regarding which polling station
they are assigned. To ensure that all eligible citizens can exercise their democratic right to cast a ballot, same-day registration will be allowed for the January 5 elections.
• In light of the decision on same-day registration, the election process will feature numerous provisions to safeguard against fraudulent activities. Voters who register on election day will receive ballots of a different color than pre-registered voters; these ballots will be counted separately. In addition, voters who register on election-day will have to provide their IDs to be photocopied and this data will be kept in the event that inquiries or challenges are made. If fewer than 1 percent of ballots cast at a given precinct (i.e., fewer than 15 ballots) are from voters registered on election day, those ballots will be counted directly at the precinct and certified by a two-thirds majority of the Precinct Election Commission members (i.e., with the support of at least two opposition parties’ representatives). If more than 1 percent of the ballots are cast by voters registered on election day, those ballots will be counted by the CEC and
certified by an analogous two-thirds majority. However, they can also be counted at the precinct level if there is a two-thirds decision.
• To further ensure that the upcoming elections are free and fair, minor pre-existingrestrictions on international election monitors are being abolished. Observers will be able to visit any polling station at any time, without restriction.

E. Campaign finance regulations
• Changes to the election code provide for equal allocation of free airtime to all qualifying political parties. This means that presidential candidates from qualifying parties will be able to use 30 seconds of airtime per 3 hours on private stations and 60 seconds per hour on the Georgian Public Broadcaster at no cost. Additionally, the Georgian Public Broadcaster is required to provide additional airtime to non-qualified candidates. Finally, there is a requirement that all Presidential debates must provide equal air time on national TV channels.
• Under the law, a party qualifies for state funding, including airtime provision, if it received at least 4 percent of votes in the previous parliamentary election and at least 3 percent of votes in the previous local elections. Recently-adopted legislation provides a clear formula1 for state funding and requires transparency for private donations. Moreover, the formula for state financing is regressive—that is, parties receiving fewer votes qualify for greater funding per vote than parties receiving more votes.

Source: Election Code Changes.pdf