Statements

For October 31 by-elections, ISFED filed 12 complaints with District Electoral Commissions (DECs), including 7 complaints over violations observed during opening of polling stations and voting, and 5 complaints over irregularities in summary protocols. Out of the twelve complaints, 6 were filed with Martvili DEC and another 6 with Sagarejo DEC. 

DECs have finished examining ISFED’s complaints; 8 were granted in full, three in part and one filed over restriction of observer’s rights was rejected. Based on the complaints, DEC ruled to open sealed materials to review polling results (Sagarejo Electoral District no.13), and drew up a protocol of administrative offence to impose the following disciplinary measures for rewriting a summary protocol: warnings against 19 members of PECs and reproofs against 10. 

Although overall these incidents have not impacted results of the elections, we believe that the irregularities and other problems identified during the monitoring reaffirm the necessity to revise the existing legislation, especially ahead of the upcoming parliamentary elections that we expect to be held in a strained political environment in light of the developments unfolding in the country. 

• Legislative norms that regulate setting up of special polling precincts and voting at these precincts must be revised; 

• Because existing legislation does not regulate grounds for invalidating polling results, the issue falls within the discretionary powers of the electoral administration. This has promoted the practice in which DEC members draft explanatory notes for any type of violation observed. Often, these explanatory notes are prepared several hours after the complaints process at PECs or at DECs and are based on the assumption that a member of an electoral commission made a mistake. In absolute majority of cases, such explanatory notes are deemed valid by DECs and except for imposition of disciplinary responsibility on PEC member concerned, no further actions are taken (e.g. review and/or invalidation of polling results). In contrast, believe that the legislation must outline conditions in which reviewing and invalidation of polling results are required. 

• Norms that regulate participation of high-ranking officials and especially law enforcement officials in electoral processes must be revised, because their participation calls fair and competitive administration of election into question. 

• The by-elections have reaffirmed the problem of lack of qualification of PEC members, especially in drafting of summary protocols. Training for PEC members should focus more on drafting of summary protocols, both theory and practice. 

ISFED stands ready to present its recommendations and partner with all stakeholders to ensure democratic and fair elections.