On August 16, 2024, the CEC adopted an ordinance [1], according to which the lot casting procedure for the distribution of functions among members of precinct election commissions will be conducted seven days before the elections instead of the election day. This change damages the transparency of the electoral process and contradicts the Election Code.
The lot casting procedure for the distribution of functions at an electoral precinct determines which member of the commission is to perform each specific function on the polling day. The lot casting procedure distributes the functions of the registrar of voters and the commission member regulating the flow of voters. Both functions are extremely important, as full verification of the voter, prevention of double voting, inking of the voter and checking of the inking depend on them.
According to the rule that had been applicable till now, the aforementioned procedure was conducted from 7 AM to 8 AM on election day. Therefore, this procedure was observed by all involved parties who have the right to be present at the electoral precinct on election day: local and international observers, representatives of the media and political parties. This ensured complete observation of the lot casting procedure at every electoral precinct. The new procedure adopted by the CEC makes it practically impossible to mobilize a large number of observers just to observe the lot casting procedure at more than 3,000 precincts opened in Georgia and abroad seven or more days before the elections. As a result of the change, the quality of observation on the lot casting procedure will inevitably suffer, which will undoubtedly decrease the quality of the process.
To substantiate the “lawfulness” of the ordinance of the CEC, the text of the ordinance refers to Subparagraph C of Part 1 of Article 14 of the Election Code of Georgia. According to this norm, “in exceptional cases, if it is impossible to meet certain requirements/terms defined in this Law, [the CEC shall have] the right to determine, by a decree, electoral events and timeframes for upcoming elections/polling.”
First of all, the CEC disregards the provision of Subparagraph W1 of Part 1 of the same Article 14, according to which “The CEC shall… be authorized to determine, by a decree… other matters related to the election procedures except for those related to the polling day”. This exception directly prohibits the CEC from making any changes to the polling day procedures.
Secondly, contrary to the requirement of Subparagraph C of Part 1 of Article 14 of the Election Code of Georgia, the ordinance does not substantiate what “exceptional case” took place in this case and why it will be “impossible” to meet the requirements or terms of the Election Code in the event of conducting the lot casting procedure on the polling day. At the time of the by-elections held in 2023 – in which the same technologies and procedures were used that are planned to be used for the parliamentary elections of October 26 – no problem was identified in the lot casting procedures.
We call upon the Central Election Commission to revoke the adopted ordinance and to observe the timeframe for conducting the lot casting procedure established by the Election Code.