30
THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
this regard, is particularly struck by the fact that the CEC was unable to
create a central list of voters, which caused a complete lack of uniformity in
the type of lists used by the PECs in the course of that parliamentary
election.
86. In contrast, as acknowledged by the OSCE/ODHIR Election
Observation Mission Report on the Repeat Parliamentary Election of
28 March 2004 (“the 28 March 2004 EOM Report”; see paragraphs 50 and
51 above), the situation with respect to voter lists was somewhat improved
after the adoption of the impugned Decree no. 30/2004 of 27 February 2004,
which introduced a new, “active” system of voter registration. As a result of
the requirement for voters to attend electoral precincts a number of times, in
order to register and then to double-check their registration, “many errors
were eliminated” and the CEC, moreover, was able to consolidate
“handwritten voter lists into a single computerised database”. The impugned
Decree also allowed voters to register on election day, which, as noted by
the 28 March 2004 EOM Report, enfranchised an additional 145,000 voters.
Furthermore, the Court notes that, by amending the system for the
registration of voters, the CEC directly enforced the recommendations of
various international election observers, who subsequently commended the
authorities for their efforts to improve, computerise and consolidate the
electoral rolls (see paragraphs 46, 50 and 51 above).
87. Admittedly, the 28 March 2004 EOM Report also disclosed several
shortcomings in the new system for the registration of voters (see paragraph
51 above). However, it would have been an excessive and impracticable
burden to expect from the authorities an ideal solution to the problem of
chaotic electoral rolls given the short time frame between 25 November
2003, when the results of the scheduled parliamentary election were
annulled, and 28 March 2004, the date of the repeat election. In the Court’s
view, it is more important that the authorities, taking account of the reasons
for the failure of the scheduled election, acknowledged the existence of the
problem of electoral rolls and, as disclosed by the 28 March 2004 EOM
Report, spared no effort in tackling it so that the repeat election could be
fairer.
88. Referring to the applicant party’s argument that the sudden change in
the registration system was unexpected for voters, the Court considers that,
as a matter of policy, it would indeed be preferable to maintain the stability
of electoral law (see also the Venice Commission’s recommendation in this
respect, paragraph 47 above). Fundamental electoral rules, such as those
concerning voter registration, should not normally be amended too often
and especially on the eve of an election, otherwise the State risks
undermining respect for and confidence in the existence of the guarantees of
a free election.
89. However, it is to be recalled that, for the purposes of applying
Article 3 of Protocol No. 1, any electoral legislation must be assessed in the