
The resolution [1] passed by the Central Election Commission (CEC) on 19 August concerning the procedures of registration of parties as election entities contains significant flaws while some provisions do not comply with the Georgian legislation. According to the resolution:
Problem: This means that, [even] if, according to a political party's charter, its representative's term ended and was not renewed in accordance with the Georgian legislation (the changes were not registered with the Public Registry), he or she will not have a problem during the registration of the election entity with the CEC. In such a case, for example, had the Centrists Party not requested – and were denied – the registration of changes by the Public Registry but rather had applied to the CEC directly, their registration would not have been annulled.
Problem: In this case, the Public Registry's Registry of Political Associations loses its function; this creates a risk that parties will stop renewing the registration of their representatives. Correspondingly, the CEC resolution allows political parties to evade legal requirements. At the same time, it is also a problem that the state and the public will not have accurate information about party members and representatives, which they can find on the Public Registry's website. Limiting the availability of information about party representatives, in turn, limits the voters' ability to make an informed choice.
It is our opinion that this resolution contradicts the current Georgian legislation because:
It should also be noted that, according to the CEC [2], in addition to the Centrists Political Association, nine other parties were registered as election entities even though there was no information about their leaders on the official website of the Public Registry. The resolution adopted by the CEC could affect the annulment of the registration of these nine parties. Should the registration of these parties be left standing, there is a risk that they will remain registered despite the fact that they do not meet the requirements of the law.
We therefore call on the CEC to bring the aforementioned resolution into compliance with the legislation and to discuss the registration of the nine parties which also do not have their authorized leaders/representatives registered with the Public Registry and, in the event of identifying violations, carry out the sanctions established by the law.
Links
[1] https://matsne.gov.ge/ka/document/view/3379235
[2] http://www.interpressnews.ge/ge/skhva/393103-cesko-shi-ar-asakheleben-im-9-partias-romeltha-khelmdzghvaneli-pirebis-shesakheb-informacia-sajaro-reestrshi-ganthavsebuli-ar-aris.html
[3] https://www.transparency.ge/en/category/tags/elections
[4] https://www.transparency.ge/en/category/tags/archevnebi