Statements

On December 13, 2024, the illegitimate Parliament of Georgia unilaterally and in an accelerated manner amended the Organic Law of Georgia “Election Code of Georgia” and significantly increased the share of the majoritarian component in the mixed electoral system for the elections of the representative body of the municipality - the City Councils (Sakrebulos). The electoral threshold for the elections of the City Councils was also increased. These changes are another example of how the Georgian Dream uses the legislative process to pursue its narrow political interests and maintain power at all costs.

As a result of the amendments mentioned above, all changes made to the local government electoral system in 2021 were repealed. The 2021 amendments, under which the last municipal elections were held, were made possible through the mediation of the President of the European Council, Charles Michel, and were based on the political agreement reached by political parties. According to the latest amendments to the electoral legislation: 

• In the 50-member Tbilisi City Council, 25 seats, instead of 10, will be distributed through the majoritarian electoral system, while the number of deputies elected through the proportional system will be reduced from 40 to 25;
• In other self-governing cities (Kutaisi, Batumi, Rustavi, Poti), the number of city council members will be reduced from 35 to 25. At the same time, the number of city council deputies elected based on the majoritarian electoral system will increase from 7 to 10, while the number of mandates to be distributed based on the proportional electoral system will decrease from 28 to 15;
• In self-governing communities, the councils shall comprise 15 members elected through the proportional electoral system and one member elected through the majoritarian electoral system from all settlements within the self-governing community. In addition, in the administrative center of a self-governing community, where the number of voters is more than 4,000 but does not exceed 10,000, 2 council members shall be elected through the majoritarian electoral system. In the administrative center of a self-governing community, where the number of voters is more than 10,000 but does not exceed 20,000, 3 council members shall be elected through the majoritarian electoral system. In the administrative center of a self-governing community, where the number of voters is more than 20,000 but does not exceed 35,000, 4 council members shall be elected through the majoritarian electoral system. In the administrative center of a self-governing community, where the number of voters is more than 35,000, 5 council members shall be elected through the majoritarian electoral system. This rule, which is also identical to the rule in force until 2021, significantly increases the share of majoritarian seats in councils of self-governing communities at the expense of proportional mandates. Currently, 1/3 of the seats in the representative body of self-governing communities are filled from majoritarian districts, and 2/3 are filled through the proportional electoral system. Until 2021, the average share of mandates distributed based on the majoritarian system in self-governing communities was 49%;
• The amendments also raise the electoral threshold set for electoral subjects in the proportional component. Specifically, the threshold will rise in Tbilisi from 5% to 4% and in other municipalities from 3% to 4%.

It is worth noting that before the latest changes, the Georgian Dream party introduced another change to the electoral system for municipal elections in May 2024. In particular, the 40% threshold, established for electing a candidate for a city council membership through the majoritarian electoral system, was abolished, and the largest number of genuine votes from voters participating in the elections held in the relevant local majoritarian electoral district became sufficient for victory. The Georgian Dream party also adopted this change unilaterally, without any consultation.

The Venice Commission and the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) issued recommendations in December 2023 that electoral legislation should be characterized by stability, which is crucial for confidence in the electoral process. In addition, such reform should be carried out well before the elections and be based on extensive consultations and broad consensus with the parties involved.

Considering the country's existing party patterns, the latest changes aim to create an environment that ensures the desired outcome for the ruling party ahead of municipal elections. This will lead to an unfair conversion of votes into local representative body seats.

ISFED believes that the changes made to the electoral legislation over the years mainly aimed to satisfy the narrow party interests of the Georgian Dream. The created legal design fails to respond to the need to improve the country's electoral processes, does not consider the recommendations issued by international or local organizations over the years, and worsens the previously existing electoral and legislative framework. Taking into account the above, in parallel with the resolution of the current political and legal crisis in the country, a complete and comprehensive electoral reform is needed with a broad party and public consensus, which will create an entirely new electoral legislation framework, which will serve as the basis for both municipal and new parliamentary elections.