THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
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3. An election held under the proportional system shall be considered to have been
held if at least one-third of the total number of voters took part in it. ...
6. Seats in Parliament shall be awarded only to party lists that receive no less than
7% of the votes cast.
7. In order to determine the number of seats received by a party list, the number of
votes received by this list must be multiplied by 150 and divided by the total number
of the votes received by the parties [which cleared the 7% threshold] ...
12. If, due to gross violation of the present law, the voting results are deemed
invalid in more than half of the electoral precincts, or in ... precincts where the total
number of voters represents more than 50% of the total number of voters in the
electoral district concerned, the election results for the entire electoral district shall be
deemed invalid and the CEC shall set a date for a repeat election.
13. If any application, complaint or dissenting opinion by a DEC member is
submitted requesting revision or invalidation of the voting results, the CEC shall take
a decision by passing an Ordinance for or against the opening of packages and the
recounting of ballot papers (special envelopes) received from the relevant PEC. The
CEC is empowered to collate the election results based on the PEC protocols. ...
16. A second ballot under the proportional representation system shall be held when
the total number of voters in the precincts [where the voting results were invalidated]
is more than 10% of the total number of voters in Georgia. In such cases, the second
ballot shall be held within two weeks of the general election.
17. If the election under the proportional representation system is declared to have
been held but none of the parties or electoral blocs have managed to clear the required
threshold, a repeat election shall be held within two weeks of the general election, by
Ordinance of the CEC.
18. Only those parties and electoral blocs which received 2% of the votes in the
general election shall have the right to take part in the repeat election. The party lists
... shall remain unchanged. Amendments to them may be introduced only in
accordance with the general rules established by this Law.
19. The summary protocol of the final election returns must disclose the names and
numbers of those electoral districts and precincts in which the election was declared
invalid, as well as the number of voters in them, the reason for declaring the election
invalid, the total number of voters in each electoral district, the turnout of voters,
[and] the number of members of parliament elected, with their names listed in
alphabetical order.”
Article 106 §§ 3, 4, and 7 – “... Mid-term and other elections ... the procedure for the
succession of MPs”
“...
1. Articles 64 and 105 have the same titles in their original version.