THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
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Electoral commissions shall immediately make the appropriate amendments to the
electoral rolls ...
It is prohibited to make amendments to the electoral roll in the last ten days prior to
the election date; from the nineteenth to the tenth day before [the election date],
amendments shall be made only by a court ruling.”
The application of several provisions of Article 9 regulating the
time-limits for compiling and examining electoral rolls, including § 12, was
suspended on 26 December 2003 by the Constitutional Court. Finally, § 12
was invalidated on 24 January 2005 by the same court (see paragraph 45
below).
Article 10 – “Special list of voters”
Under Article 10 § 1, the special list of voters included (a) electoral
administration officers who, on election day, were working in an electoral
precinct other than that of their residence; (b) voters who, on election day,
were being treated in hospital or another in-patient centre; (c) voters who,
on election day, were being held in police custody or pre-trial detention;
(d) voters who were at sea on election day (they are enrolled at the relevant
vessel’s port of registration); and (e) voters who were abroad on election
day and registered at the relevant Georgian consulate as well as voters who
were not on the consular register, but had registered in a PEC formed abroad
or in a consulate.
Article 10 §§ 2, 3, 4, 5, 6 and 7 stipulated that the head of the appropriate
institution with responsibility for the voters referred to Article 10 § 1 was to
compile the special list, be responsible for the accuracy of the data entered
on it, which was to be attested by his/her signature, and was to deliver it to
the competent electoral commission.
Article 17 – “The status and system of the electoral administration of Georgia”
“1. The electoral administration of Georgia is a legal entity of public law, which is
established in accordance with this Law and shall exercise public authority within the
limits specified by it. ...
3. The electoral administration is independent, within the limits of its competence,
from other State institutions.
4. The electoral administration is a centralised system composed of the Central
Electoral Commission of Georgia [CEC], ... District Electoral Commissions [DECs],
[and] Precinct Electoral Commissions [PECs] ... The CEC is the supreme body of the
electoral administration of Georgia. ...
6. The CEC is accountable to the Parliament of Georgia ...”