Criteria for selecting the District Electoral Commission (DEC) members in Nadzaladevi - საერთაშორისო გამჭვირვალობა - საქართველო
GEO

Criteria for selecting the District Electoral Commission (DEC) members in Nadzaladevi

15 April, 2013

 

On March 30, a United National Movement (UNM) representative presented a complaint at the Interagency Commission meeting whereby the UNM addressed the Central Electoral Commission. The complaint states that the Nadzaladevi District Electoral Commission and especially its chairman Grigol Gogua discriminated against the participants of the non-partisan membership Competition of Precinct Electoral Commission on grounds of their political views. We suppose that the evidence presented by the UNM should be subject of examination by appropriate authorities, since there might be a criminal offence.

The UNM complaint stipulates: “While considering the candidates, the District Electoral Commission chairman provided the commission members and persons eligible to attend wrong information concerning the contestants.” The complaint also notes that the Georgian Dream party member used the public competition to "appoint" the precinct commission members based on party affiliation, having preliminarily agreed on it with the District Commission chairman (which the chairman does not deny); the “appointed” members, both during the previous elections and at present, have been representing the interests of a political party."

Furthermore, the complaint also notes that, while reviewing the applications, it was often observed that the election experience section of the application form contained only the party affiliation information entered by those applicants who were ascribed priority as candidates with considerable experience. As the UNM asserts, they were able to scan one of the contestant's applications, which lists the candidate’s positions in the party by years. The party had officially requested the same application from the Regional Electoral Commission as well, the supplied copy of which turned out to be an altered version, no longer containing the information on party activities of the person in question. If the above actions of the Commission Chairman are confirmed, we will have signs of criminal offense, particularly, as pertains Falsification in Service (Article 341 of the Criminal Code), and Suppression of Documents (Article 363 ibid.).

As the UNM reports, as a result of such approaches, 81 of the District Electoral Commission members selected through competition appeared to be the Precinct Commission members appointed based on the party quota in previous elections, 79 of which were assigned by the Georgian Dream coalition member parties and the other two were assigned by the European Democrats.

Such approach violates the Code of Conduct for Elections Officials as well as the Election Code and the Civil Service Law regulations, under which the District Electoral Commission chairman, as a public officer, is not entitled to use his official position for party activities.

Importantly, the Central Electoral Commission did not examine the above complaint filed by the UNM. In our opinion, the CEC was obliged to examine the serious allegations noted in the complaint. In addition, it would be advisable if the Prosecutor's Office also investigates the issue with regard to the existence of signs of criminal offense in the chairman’s actions.

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