Statements

On April 3, 2025, the Central Election Commission (CEC) made amendments to the decree "On Defining Rules and Conditions for Voting Conducted Through Electronic Devices," which substantially restricted the ability to effectively observe electoral processes and document/collect evidence of violations. 

Article 41 of the Organic Law of Georgia "Election Code of Georgia" addresses observer rights, according to which observers have the right to move within the polling station without restrictions and freely observe all election procedures. This article also lists specific actions that are prohibited for observers. In particular, an observer does not have the right to: 

Interfere with the duties and activities of an election commission; 

Influence the free expression of the will of voters; 

Agitate in favor of or against an election subject; 

Wear symbols and signs of any electoral subject; 

Be without a badge in the polling station on polling day; 

Breach other requirements of this Law. 

With the changes made to the decree by the CEC, persons authorized to be present in the polling station, including observers from monitoring organizations, are entirely prohibited from requesting voters to show their identification documents. Such a prohibition is not provided for in the Election Code, which puts this provision in conflict with the law. Such a restriction could significantly complicate the identification of so-called carousel voting schemes, multiple voting, or cases of voting with fake or improper documents. 

In addition, the CEC decree completely prohibits photo/video recording or otherwise processing a voter's identification document, voter data displayed on the voter verification device, the printed verification receipt of the voter, or the voter's ballot selection. Such a blanket ban is unjustified and is not provided for in the Election Code. When there is reasonable doubt that voting procedures may be violated, authorized persons should have the opportunity to verify their assumptions and create appropriate evidence to document violations. In this case, photo/video recording serves a legitimate purpose and does not constitute illegal collection/processing of personal data. 

Furthermore, past practices must be considered when introducing any additional restrictions. Various elections have documented numerous instances where precinct election commission members deliberately restricted observers from exercising their legally guaranteed rights. Such additional prohibitions will give commission members more opportunities to abuse their powers and further restrict the possibility of election observation. 

On April 4, 2025, ISFED appealed the disputed decree to the Tbilisi City Court, where the organization's claim was not upheld. On April 8, 2025, the Tbilisi Court of Appeals also rejected the appeal. 

ISFED calls on the CEC to revoke the problematic changes adopted by the decree.