YOUTH OBSERVATION MISSION

FINAL REPORT
The Youth Observation Mission has conducted the monitoring of pre-election period
and voting procedures in the municipalities of Zugdidi and Gori. 60 observers on the
First Round, twenty observers of the Second Round and several mobile groups
actively worked for the election procedures to be followed. However, several
important problems are linked to systemic errors. The purpose of the foregoing
report is to summarise to the work conducted by the Mission and provide
recommendations for solving some errors. The organisations conducting the project
are ready to continue working on election issues in the future and make active
steps within their abilities for conducting future elections in better environment.

Author: Irine Urushadze

With collaboration of: Davit Gigauri, also, Nino Okujava

01-Nov-16

CONTENTS

Executive Summary ........................................................................................... 2

Election System and Election Regulations ........................................................... 3
Unfair System - 48%=76%............................................................................. 3
Unreasonable Allocation of Mandates ............................................................... 3
Unreasonable Boundaries of Districts - Gerrymandering?! .................................. 5
Lost Votes .................................................................................................... 5
IDP Card Barrier to Vote .............................................................................. 6
Pre-Election Environment ................................................................................... 8
Abuse of Institutional Resources ..................................................................... 8
Staffing Election Commission and Their Participation in Campaign ....................... 9
Confrontation Main Problem of Pre-Election Period ......................................... 9
Influence on the Will of Voters ....................................................................... 10
Electorally Motivated Budges ........................................................................ 10
Possible Electorally Motivated Expenditures of Gori Municipality .................... 10
Possible Electorally Motivated Expenditures of Zugdidi Municipality................ 12
Monitoring of the Election Day ......................................................................... 13
First Round ................................................................................................. 13
Lack of Qualification Violated Procedures .................................................. 13
Campaining on the Precinct ........................................................................ 14
Counting Violence and Dark Spot of the Elections ...................................... 14
Re-Run Elecctions ........................................................................................ 16
Violation of the Secrecy of the Ballot .......................................................... 16
Second Round .............................................................................................. 17
Confrontation and Violation of Order ........................................................... 17
Violation of the Secrecy of the Ballot .......................................................... 17
Hindrance of Observers Rights .................................................................. 18
Main Challenge Qualification ..................................................................... 19
Conclusions .................................................................................................... 20

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YOUTH OBSERVATION MISSION

Final Report
EXECUTIVE SUMMARY
The project Youth Observation Mission conducted by non-government organisations Saunje,
Civil Society Development Center, Step Towards Civil Integration and Helping Hand aimed
at monitoring the pre-election campaign and the election day, the summary of which is the
foregoing report.
The Mission published a Mid-term Report on September 30, where the results of pre-election
campaign monitoring by the time were demonstrated. At this stage, we present the results of the
observation, where, on the one hand, there will be discussion regarding the issues raised in the
previous report and the problems arisen afterwards.
It is noteworthy that the Mission observed the voting and counting procedures on all three voting
days on the First Round, on Re-run Elections and on the Second Round. In this process, several
public statements were made, each day was summarised by small reports, some addresses and
complaints were written. The main findings and problems of the process will be discussed below.
The Observation Mission discovered several important tendencies. It became clear that the
electoral system and several election regulations create rather serious problems. For instance, the
will of a certain part of voters is ignored and the barriers created for the Internally Displaced
Persons for voting should be considered as a rather significant error and in case these regulations
are maintained we plan on challenging their constitutionality.
We consider peaceful and safe environment for elections to be the biggest challenge and verbal or
physical confrontations during the pre-election period as well as on the election days negatively
affect the environment. We hope, efficient steps will be made towards solving this issue.
In our opinion, similar systemic issue is following the procedures during the voting; lack of
qualification of election commissions on the one hand, non-existence of reaction from the
superior election commission and unfulfillment of their duties from different parties on the other
hand raised numerous problems.
The foregoing report is built chronologically to the election process. Primarily, the problems
within the election system and law are outlined, then the pre-election period is discussed the
facts of abuse of state resources and other relevant problems of this period, while lastly all three
days of voting and the errors raised within are separately assessed. The Report presents our views
and recommendations.

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ELECTION SYSTEM AND ELECTION REGULATIONS

UNFAIR SYSTEM - 48%=76%
In the mid-term report of the Youth Observation Mission published by the end of September we
raised the issue of electoral system, as an example of abuse of regulatory resources. Specifically, we
stated that pursuant to the existing electoral system in case one party gets 50%+1 votes, it could
gain constitutional majority in the Parliament. The 2016 Elections demonstrated, that this is
reality and the ruling party managed to gain 76% of Parliamentary mandates with only 48%
support. Although it needed two rounds for this, it is a fact, that the system allowed to create
inappropriate picture in the Parliament of Georgia with regards to the voters will.
It should be underlined, that unlike 2012 Elections, when the law envisaged the principle winner
takes it all, for the 2016 Elections winning a majoritarian district required overcoming the 50%
threshold, instead of simple majority. This amendment changed the picture only by requiring the
second round for winning in certain districts. Without it same result would have been reached.
Obviously, such system is unfair and does not allow for correctly reflecting the will of the voters.
Generally, the existence of majoritarian system is recommended for more decentralized state,
when the regional representation is relevant. Pursuant to the Constitution of Georgia, a mandate
of the majoritarian MP is free, thus it does not represent a specific territorial unit, its role is to
reflect the will of such unit in the Parliament. Changed district boundaries for the 2016 Elections
the link between certain municipalities and the majoritarian MPs was practically erased and the
majoritarian system became pointless.
We consider, that the territorial rule of Georgia does not require majoritarian system and it needs
to be changed by more fair and relevant system that would properly reflect the will of the voters.

UNREASONABLE ALLOCATION OF MANDATES

Article 125 of the Election Code of Georgia envisages the rule of allocating mandates. The
procedure per this article is following:

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Subject, that passed the

5% threshold but does
not have 6 mandates
(amount needed for
creating a fraction),
received mandates needed
for this amount.

The votes gained by a

subject X 77 / the sum of
votes gained by all
subjects = amount of
mandates (whole part)

Remaining mandates - are

allocated to those parties
that already had 6
mandates

Per the results of the 2016 Elections:1

Pursuant to step one the mandates were allocated in a following way:

Georgian Dream gained 48% and
received 37 mandates
(856638*77/1759632)

United National Movement gained

27% and received - 20 mandates
(477053*77/1759632)

Alliance of Patriots gained 5% and

received- 3 mandates
(88097*77/1759632)

Pursuant to the second step, Alliance of Patriots received additional 3

mandates from the remaining 17

Pursuant to the third step, the remaining 14 mandates were given to

Georgian Dream and United National Movement in turns. They each receive 7
mandates.
Such allocation is not a reasonable way, when there is a possibility to allocate free mandates
proportionately to the received votes. It is also possible to change the whole allocation method
by raising the sum of received percent to 100, which would directly reflect the will of the voters.
We consider, that the existing model is unreasonable and disproportionately reflects the will of
votes, because of which the ruling party gains constitutional majority, together with unreasonable

The final protocol of proportionate elections of the CEC is used for counting mandates:
http://cesko.ge/res/docs/ShemajamebeliProporciuli2016.pdf [last accessed on November 15, 2016]
1

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majoritarian system. This does not only violate the right of the voters, but of the electoral subjects
too.
UNREASONABLE BOUNDARIES OF DISTRICTS - GERRYMANDERING?!
When assessing the electoral system in the mid-term report of the Mission, we underlined the
unreasonable allocation of districts. Specifically, derived from the Judgment of the Constitutional
Court of Georgia, the electoral administration created the boundaries of the districts based on
number of voters, because of which the territorial, cultural and historical issues were ignored.
We consider that the existing majoritarian system is completely unfair and does not allow for
adequate representation of the will of voters. However, it does not mean that generally the
majoritarian system is unacceptable. The district boundaries created for the Elections of October 8,
2016 raised quite a lot of question marks.
For instance, when allocating district boundaries in the municipality of Gori Community, some
villages were put with the villages of other municipalities villages Kvakhvreli and Uplistsikhe
were allocated in Kaspi District, while villages Variani and Akhaldaba in Kareli District.
Allocating these villages in with different municipality could be cause by technical issues,
however, the doubts that this decision was politically motivated are not ruled out. Such act in
election practice is known as Gerrymandering, when to grant advantage to a certain political
party, the boundaries of districts are manipulated. It is necessary for the law to establish such
criteria on district allocation, that would exclude such manipulations.
LOST VOTES
Pursuant to paragraph 17 of article 125 of the Election Code of Georgia:
A repeat vote during elections held through the proportional electoral system shall be
called if the total number of voters in those precincts, in which the results have been
declared void, is more than 10% of the total number of voters in Georgia. In this case, the
repeat vote shall be held not later than two weeks after general election day
Pursuant to this provision, few votes, despite their decisive nature, lose their relevance. For
instance, when one electoral subject passes the threshold with even one vote, the results of
proportional system is radically changed, especially considering that it does not receive mandates
equivalent to the hold and mandates are added to it. In such case, results of one precinct can be
decisive for overall election results.
On the October 8, 2016 Elections results of 9 precincts were annulled, which is not 10% of total
number of voters, however, their results would have decisive effect on the proportionate system of

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elections. 2 Despite the high relevance of these precincts, their voters right to elect is lost in
proportionate elections and their votes are ignored.
We consider, that the above stated regulation violates the right to vote. Obviously for the purposes
of administering elections, existence of a certain threshold is required, however, this threshold can
be more reasonable and less restrictive of human right. For instance, it can be linked with the
electoral threshold or be defied per the decisiveness of precinct results for the overall results. The
latter is more reasonable and in conformity with the Constitution, in our view.
It should be underlined, that pursuant to the mentioned provision, 10% threshold is not counted
from the voters that cast the vote, but from the overall number of voters, which increases the
number of voters whose right to vote is violated even further. If we look at the statistics of activity
during the past several elections, it is obvious that the turn-out is no more than 60% of voters.
Therefore, we consider that paragraph 17 of article 125 of the Election Code of Georgia does not
conform with article 28 of the Constitution of Georgia, the right to vote and we plan on
addressing the Constitutional Court of Georgia to declare the mentioned provision
unconstitutional.
IDP CARD BARRIER TO VOTE
Pursuant to articles 63 and 65 of the Election Code of Georgia, an Internally Displaced Person
from the Occupied Territories of Georgia (IDP) needs and IDP Card to cast a vote.
Pursuant to the law On Internally Displaced Persons from the Occupied Territories of Georgia,
IDP Card is:

A document issued to an IDP by the Ministry or a territorial body within its system (a
territorial body), certifying that the person has been granted the IDP status. If a place of
registration and an actual place of residence are the same, an IDP card is also a document that
confirms the lawful possession of a living accomodation, except where an IDP is provided with a
long-term living accommodation

The results of two electoral subjects were close call, very few votes were enough for the Alliance of Patriots to pass the
threshold of 5%, while Free Democrats were short of around 4000 votes to pass it.
2

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IDP Card is rarely used in practice, mainly it is required for granting the status of an IDP to a child
or when changing the habitat. Therefore, carrying it has no practical or legal necessity for an IDP.
Although, it is used to identify a person, it has no legal force without an ID card.
An IDP is not given the right to vote on the election day, unless he/she presents an IDP Card. Due
to this, some IDPs were unable to cast a vote. On one precincts, an observer of the Youth
Observation Mission recorded an event, when an IDP was marked and then it was discovered that
he did not have the Card on him. Because of this he was unable to cast a vote, even after he found
the card upon returning home and went back to the polling station.
Obviously, the registration address of an IDP that is on the occupied territory of Georgia cannot
be used for voters lists and factual residence should somehow be accounted, however, requiring an
IDP to carry an IDP card, which is otherwise useless, is unreasonable restriction and the issue can
be regulated with less restrictive measure. Additionally, it is particularly relevant, that in cases,
when the registration address is not on the occupied territory and is same as factual residence, the
goal of establishing the address of the voter using an IDP Card loses its sense.
It should also be noted that the registration address of an IDP which owns an ID Card, as well as
the address of other citizen, is not established by this card and it is indicated only in the voters list.
Therefore, if establishing the address of other citizens is possible without such identification card,
where the address will be indicated, same can be done for an IDP as well.
Based on all above mentioned, we consider, that the requirement of the Election Code of Georgia,
an IDP to only cast a vote with an IDP Card is discriminatory and unreasonably restricts the right
to vote of these persons. We plan on addressing the Constitutional Court of Georgia on this issue
to find the relevant provisions unconstitutional.

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PRE-ELECTION ENVIRONMENT
One component of the Youth Observation Mission was monitoring pre-election environment.
Within the project mid-term report was fully addressed to this issue, where the facts discovered
by the Mission were reflected. Complaints were drawn up for some of them and decisions were
reached. In this chapter, we shall discuss main tendencies and several relevant cases.
ABUSE OF INSTITUTIONAL RESOURCES
Institutional resources were abused more than other types of resources for the 2016 Elections,
however, the number of such facts, as well as their magnitude was not alarming. Although, this
does not mean that the occasions of abuse should fall outside of attention. Therefore, the Mission
described all possible facts in its Mid-term Report and when necessary addressed relevant bodies.
One most important fact was the abuse of Facebook page of the
Ministry of Internally Displaced Persons from The Occupied
Territories, Accommodation and Refugees of Georgia for
publishing campaign materials of a ruling party. The Mission
addressed to the CEC regarding this issue, requesting adequate
reaction. The CEC agreed with our claim and drew up protocol of
administrative offence with regards to the person administering
the web-page. Although we consider that the responsible person
is the head of the institution the Minister, however, the findings
of CEC investigation concluded that the immediate administrator
of the Facebook page was responsible for violation. Timely and
adequate reaction to such facts is relevant for their prevention.
The Mission also
recorded

several

other facts, some

of which are not violations of law, however,
indicated towards the negative tendency that the
party and the government are merged with each
other. For instance, the event organized by the
Zugdidi Mayors Office, where an electoral subject
was represented; use of municipal building for
party purposes (despite the fact, that the Gori
District Commission did not find any violation,
which cannot ensure prevention of similar cases),
are the examples.

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STAFFING ELECTION COMMISSION AND THEIR PARTICIPATION IN

CAMPAIGN
In the Mid-Term Report we talked about possible political staffing of the precinct election
commissions in Gori and Zugdidi and, also, about electing persons, who had previously been
charged with disciplinary sanctions. We indicated, that such process helped electing politically
engaged persons instead of professionals and this would negatively affect the elections. Thus, the
main problem for the 2016 Elections in both rounds and on re-run elections was qualification of
the precinct election commissions. We would like to once again underline, that the independence
and professionality should be priorities in the process of staffing election administrations.
Apart from that, our Mission recorded an occasion, when a Chairman of one precinct election
commission (appointed by the party) participated in campaign event; we addressed the Zugdidi
District Election Commission on this fact. 3 The investigation conducted by the DEC included
questioning of the violator herself and the electoral subject, which both denied the violation of
the law. They stated, that the events, on which the Chairman participated, were not organized by
the party, although the candidate attended them. No witnesses were questioned and the reason for
a candidate to attend budgetary event (which is itself another violation) or private-funded event
(which should be considered a donation pursuant to the organic law On Political Union of
Citizens) was not found. Additionally, the photos of the event clearly depict that the electoral
materials are actively used on both events (flags, caps, t-shirts) and they were posted on the
Facebook page of the
candidate as well. We
consider

that

the

investigation
conducted by the DEC
is not full, exhaustive
and objective and we
consider, that refusal to
use
all
sanctions,
including

disciplinary

one, towards the Chairman encourages the election officials to avoid the sanctions for violations.
CONFRONTATION MAIN PROBLEM OF PRE-ELECTION PERIOD
We would like to separately discuss the main challenge of the 2016 Parliamentary Elections high
number verbal and physical confrontations.

The Claim and the process in DEC is described in the registry of complaints administered by the CEC:
https://sachivrebi.cec.gov.ge/info.php?id=3927 [last accessed on November 15, 2016].
3

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Both in Zugdidi and Gori several occasions of hindering United National Movement to meet with
the voters were recorded, where the activists of the ruling party or people linked with it
participated. Some such confrontation turned into physical violence. The high number of such
facts indicates, that the local self-government bodies (they are directly responsible to ensure safety
on election meetings by the Election Code of Georgia) and the law-enforcing bodies do not fulfil
their duties properly and could not ensure timely resolution of problematic situation.
We consider, that these facts are the biggest problem and a challenge for future as well and call all
parties to ensure resolving this issue efficiently.
INFLUENCE ON THE WILL OF VOTERS
The Youth Observation Mission was informed from several sources that the voters will was
influenced and there might have been cases of pressuring certain persons. The information is not
verified though.
Pursuant to our information, certain persons, including the civil servants and policemen were
attempting to convince the voters to vote for the ruling party. There were also cases, when
activists of a specific party were pressured into changing the position and they were even
threatened.
Although the information in the hands of the Mission cannot be verified with complete certainty
due to, on the one hand, lack of will from the sources to be identified and, on the other hand, the
sources avoiding to make themselves public, we can see the tendency. Additionally, information
regarding some occasions was disseminated by the media. It is necessary, that the investigative
bodies demonstrate interest in these occasions and have timely and efficient reaction. Influence of
the free will of the voters, as well as threat is a criminal offence.
ELECTORALLY MOTIVATED BUDGES
POSSIBLE ELECTORALLY MOTIVATED EXPENDITURES OF GORI
MUNICIPALITY
In our Mid-term Report we indicated how relevant the control of financial administrative
resources is, so that the budgetary resources are not abused for elections. For this purpose, we
analysed the budgets of Gori City and Community budgets, their expenditures, number of
employees, bonuses, etc. We also analysed the financial conditions of one NPLE, requesting the
information from NPLE Gori Tourism Development Agency.
It is noteworthy, that all municipalities used all possibilities to extend time before giving us data,
at the same time, the information we have received is still not complete. We should also underline,
that none of the municipalities have their budgets planned per months or quarters, which raises
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the question what are the methods used for planning the expenditures or controlling the
fulfilment of the budget.
We would once again like to stress out that the budgets of local self-government bodies, including
quarterly planned (which allows for public control over budget fulfilment) is public information,
additionally, this information should be issued immediately, since there is no un-related large
volume of data that needs to be processed (financial entity of relevant body should have such
information readily available). The fact that the local self-government bodies need 10 days to issue
the information indicates, that they are not interested in having high standards of transparency
and possibly, they are trying to hide certain information while processing data.
It needs to be stressed out that when our representative went to the Gori Mayors Office to
establish the reasons for using 10-days period to issue the information, none of the civil servants
were in the office during the working hours. It is necessary for the relevant entities to control the
acts of public employees during the working hours, especially, in the pre-election period, to
exclude the possibility of abuse of institutional resources.
In the budget of Gori City of 2016 the increase in expenditures compared to previous years is
obvious. Surely, the general increase is acceptable tendency, however, if we look at the 2014 and
2015 data, the similarity of the latter one to the first is more frequent, than with the 2016, where
the expenditures are vividly increased. Unlike 2015 funds in all instances are increased; programs
of Gori City construction of infrastructural units, rehabilitation and exploiting, constructionrehabilitation and exploitation of road infrastructure, rehabilitation of communal infrastructural
units and their exploitation, rehabilitation of sewing system, exploitation of squares and lawns, etc.
All above-mentioned spheres have vividly increased funding, only few of them are not amended,
for instance: construction and rehabilitation of external lights, establishing tourism infrastructure.
In the event, when only one square was rehabilitated during the first two quarters of 2016, almost
10 of them will be constructed or rehabilitated in the third quarter (during the pre-election
period). Salaries, the expanses on the employees was increased for 5% in 2015 compared to 2014,
while on February 5, 2016 even more was planned in this direction. It is also noteworthy, that
after issuing Order N5 on February 5, the employees of Mayors Office of Gori were radically
increased and on September 1 the Employment Programme was commenced.
Several political unions mentioned during their interviews with us, that some NPLEs are used for
employment of party activists and financially motivating them. We analysed the Gori Tourism
Development Agency budget and staff list. Budget is significantly increased (GEL 175 000 in 2015,
while GEL 206 700 in 2016), both office expenditures and salaries are increased. Although the
number of employees has not been changed, the salaries were increased from GEL 131 980 to GEL
162 970, the funding of temporary employees has also been increased from GEL 15 075 to GEL 19
525. All these creates doubts that an electorally motivated spending is in place. As a rule, any legal

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entity is created for a goal. In this instance the expenditures for staff is much higher than that of
the projects, which are almost non-existent. If projects, excursions, touristic routes and others are
not included in the budget of the entity created for these goals, the position that the entity is used
to financially motivate party activists is realistic.
POSSIBLE ELECTORALLY MOTIVATED EXPENDITURES OF ZUGDIDI
MUNICIPALITY
The Mission also analysed the budget of Zugdidi City and Community; we have requested the
information regarding the expenditures of each occasion by Zugdidi City Municipality Mayors
Office and Zugdidi Community Gamgeoba; however, we only received information regarding the
expenditures on award ceremonies and cultural events. Later we managed to received information
on all events. Considering the insufficiency of our information, we managed to analyse only part
of Zugdidi City expenditures, but it was still enough to outline certain tendencies.
We have observed the tendencies compared to the previous year and radical difference has
emerged in cultural events, in 2016 more funds are allocated in this direction. Also, certain
infrastructural activities are also funded for much more amount of money in 2016 than in 2015.
Specifically, establish street lights, their rehabilitation and exploitation was funded by GEL 1 040
700 in 2015, while the spending of 2016 up until September was already GEL 2 673 000.
Unfortunately, the quality of information received from Zugdidi Municipalities did not allow us to
make more detailed analysis. Overall the increase of funding in Zugdidi was not so massive, to
consider that electorally motivated spending was of high magnitude.

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MONITORING OF THE ELECTION DAY

FIRST ROUND
The

Youth

Observation

Mission

monitored the electoral process on

territorial area of all four municipalities.
The first round of the elections in these
territorial entities was conducted in
calm environment, few technical errors
and violations were observed, however,
the violence during vote counting was a
rather harsh ending to the voting day.
LACK OF QUALIFICATION
VIOLATED PROCEDURES
From the very beginning of the election
day some irrelevant, although high in
amount

procedural

violations

were

observed. Apart from the fact that in several precincts the opening procedures were not timely
completed and the voting began late, the members of the commissions appointed by the United
National Movement chose to act in the interests of the political party instead of following the law
and refused to participate in casting of votes. Unfortunately, the supervising election commissions
did not react to this fact in a relevant manner, due to which, the same issue was observed in the
second round as well.
Additionally, the observers faced problems to enter several precincts, which was mainly caused by
lack of knowledge of the law (they demanded that the badges included the number of districts;
considered that the t-shirts of the NGO project included campaigning information).
It is noteworthy, that following the opening procedures on several precincts was problematic. On
one of the precincts the control paper was filled in with violations, so that the Mission does not
believe the voting procedures were authentic and demanded seizing the election process there.
We also demanded the chairman of the precinct commission to face disciplinary sanctions.4 We
should underline, that during the oral hearing the DEC partially agreed with our demand and used
a warning as a disciplinary measure (however we demanded stricter sanction). Later, the decision

It is noteworthy that the chairman of this precinct commission is Ineza Murghulia, who we demanded to be sanctioned
due to her participation in political campaign in pre-election period. This fact demonstrated that Murghulia is not a
qualified election official.
4

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uploaded in the registry of complaints does not include such measure and the complaint of the
Mission was fully refused.5
The tendency of other errors in voting process was also observed, on certain precincts, mainly the
registrar commission members could not fulfil their duties properly, which caused certain
problems.
On a precinct in Zugdidi (65.67.83) one voter casted a vote without signing in the list, after several
minutes the voter returned and the registrar allowed him to make a signature. The registrars, as
mentioned above, made multiple errors on different precincts, which indicates to their low
qualification. Undue fulfilment of the duties is the grounds for using disciplinary measures.
Multiple procedural violations, despite their low intensity, is indicative of the staffing problem in
the election administration and, at the same time, the results caused by unreasonable reaction to
the violations.
CAMPAINING ON THE PRECINCT
We have also observed occasions when the campaigning took place in the precinct building,
which is a violation of the Election Code. On one precinct, such act was conducted by the
representative of an election subject, which is grounds for administrative monetary sanction and
we made a complaint with this demand. However, the DEC research the fact and although it
found that the fact indeed took place, it considered, that the violation was eliminated, since the
violator left the building.6
Violation of his/her duties by the Representative of an election subject, including the campaigning,
is a violation from the moment of commencement of the act and seizing it is not excluding the
responsibility. Such superficial attitude of the DEC towards the violation encourages such conduct
and does not efficiently prevent the breach of the law.
COUNTING VIOLENCE AND DARK SPOT OF THE ELECTIONS
Although the October 8, 2016 Elections in Zugdidi was conducted predominantly in calm
environment, the situation became significantly tense during the vote counting on several
precincts. Timely investigation of the events in the villages of Zugdidi Community Municipality,
as well as strict reaction on them is necessary. It is commendable, that the election administration
reacted on these facts and the precincts, on which the authenticity of voting results were under
question were invalidated.

5
6

See Decision: https://sachivrebi.cec.gov.ge/info.php?id=3999 [last accessed on November 15, 2016]

See Decision: https://sachivrebi.cec.gov.ge/info.php?id=4003 [last accessed on November 15, 2016].

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Violence, verbal or physical abuse that was observed on the precincts of Jikhashkari and Kolkhida
is unacceptable, particularly towards the representatives of observing organisations. At the same
time, the right to vote of the electorate of these villages was violated, since their votes were
invalidated. It is commendable, that the law-enforcing bodies arrested offenders timely, however,
without adequate sanctions against them, preventing such facts will be impossible.
Events that took place on the precinct of Ganmukhuri should also be investigated, where the
ballot box was lost and the responsible persons should face relevant measures of responsibility.
We consider that the facts, that took place on the first round of the Elections demonstrated, that
the law-enforcing bodies are not equipped to ensure safety of election processes and this issue
should be in the centre of attention.

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RE-RUN ELECCTIONS
VIOLATION OF THE SECRECY OF THE BALLOT
The Re-run Elections took place on October 22, 2016 on four precincts in Georgia, three of which
were in the Zugdidi Municipality. The Youth Observation Mission observed the voting process
and counting of votes on all three of these precincts. The errors observed during the whole day
were mainly of low magnitude and of technical character, which predominantly indicate towards
the lack of qualification of the commission members.
However, the fact of violation of secrecy of the ballot needs to be stressed out, which negatively
influence the election environment. One fact depicted an observer which conducted an illegal act
multiple times, when he looked inside the voting booth to find out what the choice made by a
voter was. And in another event, voters left the booth with open ballot, allowing the commission
members to see their choice.
The secrecy of the ballot is a constitutional principle and human right, protection of which is one
of the primary duties of the election administration. The facts observed on the Re-run Election
were practically left without response. Observer, who was grossly violating the rights of voters, to
cast a vote secretly did not face any responsibility. Per the DEC, since the observer left the
precinct after he faced a warning several times, the violation was eliminated.7
We unequivocally and strictly condemn such superficial approach of the DEC towards the
Constitution of Georgia and the law. Leaving a person committing such violence without any
responsibility is unacceptable. The result of such approach was even more occasions of violation of
secrecy of the ballot on the second round. Unreasonable and inadequate reaction to the facts
encourage similar actions and has significantly negative influence on the election process.
It is noteworthy that all three levels of election administration expressed superficial and cynical
approach towards this fact, when focus was on the least relevant aspect of the fact, while the main
issue gross violation of the secrecy of the ballot was left beyond attention. This was what
happened when CEC was disseminating the information on the fact. We express regret, that the
election administration instead of fulfilling their duties, tries to justify itself and invalidate the
facts.

It is noteworthy, that the complaint of the Mission, which demanded using sanction against the observer and
disciplinary measure against the PEC members, the DEC dismissed. It considered that the complaint was made regarding
the voting procedures and, hence, was made in violation of statutory limitation. However, the complaint was requesting
the reaction on administrative violation, which is not voting procedure and, thus, does not have to be filed within
specific time, but the general statutory limitation. This once again demonstrates, that the DEC did not have the will to
adequately react on the breach of the law, thus encouraging similar acts. See the registry of the complaints:
https://sachivrebi.cec.gov.ge/info.php?id=5361 [last accessed on November 15, 2016].
7

Final Report

p. 16

SECOND ROUND
The second round of the Election held on October 30, 2016 in the municipalities of Zugdidi and
Gori was conducted mainly in peaceful environment and with few errors, however the physical
confrontation in Gori and rather negative tendency of violation of the secrecy of the ballot should
be underlined. Both negatively influence the electoral process and pose the questions, whether
more serious systemic problems are at hand.
CONFRONTATION AND VIOLATION OF ORDER
Main challenge of the pre-election period of the 2016 Elections confrontations was observed
during the election day as well, including on the second round. The fact of battery of the
opposition party representative demonstrates, that neither the political unions, nor the lawenforcing bodies are performing their duties properly and serious steps should be made to improve
this situation. Increasing the practical capabilities of the precinct election commissions, so that
they timely and effectively react on the facts of violation of order and safety should also be an
important part of the policy
VIOLATION OF THE SECRECY OF THE BALLOT
One of the most serious problems observed on the
second round of the elections held on October 30 was
taking photos in the voting booth. In one occasion a
voter asked whether she had the right to take a photo
in the booth, on which the Chairman of the precinct
commission agreed. Additionally, we received
information that several voters took the photo of
both the ballot and their ID card, which is less likely
to be used for posting on social network and is
possibly used for interference with the expression of free will. Violation of secrecy of the ballot, as
well as, interference with the expression of free will are criminal offences and the investigative
bodies should timely investigate these facts.
The DEC made no reaction on this fact. Although the observer of the Mission indicated a witness
in the complaint and in case the fact was investigated with due diligence, the voter could have
been identified as well, the decision of the DEC demonstrates, that they only conducted
superficial analysis. It is necessary, that the superior election administrations have strict reaction
towards the PEC members, since they are directly responsible to ensure the secrecy of the ballot
and without adequate results of such facts, the chances of same situation taking place in the future
are not excluded.

Final Report

p. 17

It is noteworthy that for years taking photos has been a method of controlling the will of the
voters and therefore, their free will was influenced. Since several observers have recorded such
facts (mainly they heard camera from the booth), the question marks are in place.
HINDRANCE OF OBSERVERS RIGHTS
On one precinct in Zugdidi our observer
faced problems from the morning, when she
was not allowed to enter the precinct, later
when she reacted to the violations the
precinct commission refused to register the
complaint. More than one hour, involvement
from district election commission and arrival
with media outlets was necessary to register
the complaint. Hindering the observer is an

Source: netgazeti.ge

administrative violation and it entails monetary sanction. This fact was not responded by the DEC,
which even further aggravates it and encourages negative attitude towards the observers from the
PEC. On this precinct, the relationship with the observer was problematic for the whole day and
without active involvement of a member of the DEC observing the voting process would have
been almost impossible. Despite this, none of the PEC members faced even a disciplinary sanction.
It is noteworthy, that the negative attitude towards the observers, hindering their work was
observed on both rounds. Considering the scale of the observation mission, even few such
violations are indicative of a tendency.
The fact, that in certain instances the election administration tried to collaborate with the Mission,
that the situation frequently improved once we made oral comments or made calls, should be
underlined. However, once a complaint was drafted the situation shifted dramatically. The
negative response on all complaints and ignoring the facts from the DEC is evidence to this.
Additionally, the superficial approach of the CEC press-service regarding the violation of the
secrecy of the ballot additionally encourages such attitude.
It is necessary, that the election administration realizes that the observation missions are
mobilized to support their work and ensure that the law is followed. Our purpose is not writing
complaints or imposing sanction on anyone. Therefore, the written reaction was our las resort,
when we could not reach the results with oral notices.

Final Report

p. 18

MAIN CHALLENGE QUALIFICATION

All stages of the elections, including the second round demonstrated, that the qualification of the
PEC members is the main and the hardest challenge. Technical errors, which overall demonstrate
negative picture, were many. Additionally, lack of reaction on certain even small violations, show
that there is no readiness to resolve the problems. For instance, the members of the PEC appointed
by the United National Movement refused to participate in the casting of votes on the second
round as well, which is their direct duty. Disciplinary sanctions were not used towards these
members on the first round, which enable the same violation in the second round as well.
Similarly, the procedures violated by the registrar members of the PEC were left without response
on the first round, therefore these procedures were problematic in the second round too.
We consider, that the problem indicated in the Mid-term Report of the Youth Observation
Mission staffing the precinct election commission is the source of qualification. It is necessary,
that each violation is responded with adequate reaction and the candidates, who have higher
professionalism should be prioritized as well.

Final Report

p. 19

CONCLUSIONS
The Parliamentary Elections of 2016 were remarkable
elections. It was first time that the second round was
conducted in almost the whole country. The pre-election
period also significantly was different from the same
elections held in 2016 and many other aspects were in place.

State and local entities

should resist the
temptation and avoid
using the budgetary or
other resources for the
campaign.

Several relevant issues were outlined by the Youth

Observation Mission and the problems, that need to be
under the focus in the future were demonstrated. The
recommendations given in this report serve this very
purpose.

The electoral system

should precisely and fairly
reflect the will of the
voters.

In sum, it should be stated that the 2016 Elections were

democratic and fair, although not the best, for instance in
comparison to the Presidential Elections of 2013 or Local
Self-Government Elections of 2014, there were number of
issues that need systemic approach.
The significantly reduced practice of abuse of the

The responsible entities

understand their duties
and an efficient way to
resolve this problem in the
future should be found.

administrative resources should be positively assessed.

Additionally, the readiness of the CEC to adequately react
of the issues is commendable. It is desirable that the same

More attention should be

approach is taken by the district election commissions as

focused on the
qualification of the
election administrations
and efficient reaction on
the violations.

well so that the facts of abuse of state resources are excluded.

Additionally, the state and local entities should resist the
temptation and avoid using the budgetary or other resources
for the campaign.
Primarily, the election system should be amended and we
are glad, that the Government is ready to make steps in this

The efficient steps should

direction. It is necessary that the international practice, the

be taken to safeguard the

constitutional principles
secrecy of the ballot and
free expression of will.

judgment of the Constitutional Court of Georgia and

constitutional standards are considered in this process. The
electoral system should precisely and fairly reflect the will
of the voters.
We should specifically underline the issue of maintaining
peaceful and safe environment in the election process. As
indicated in the Report, the confrontation in the pre-

Final Report

p. 20

election period, as well as during the election day is the most important challenge. It is
particularly problematic that the violence during the vote counting causes violation of citizens
right to vote. In such situation, it is especially relevant that the responsible entities understand
their duties and find an efficient way to resolve this problem in the future.
Staffing the election administration is still a problem, which causes high number of procedural
violations of the voting. Additionally, it is impossible to achieve that the procedures are followed
unless each problem is adequately reacted. This is what the disciplinary measures serve. Each
election official has passed vocational trainings; however, the procedures were still numerously
violated, despite the relevant notices by the observers. Therefore, using the preventive measures is
necessary.
We consider the violation of secrecy of the ballot as a significant problem, particularly, that it was
not a separate occasion and is somewhat a systemic error. Efficient steps are needed to exclude
such facts and, at the same time, it is necessary, that each fact is fully investigated, so that the
constitutional principles are safeguarded.
We consider that the main way to resolve the errors and tendencies of the 2016 Parliamentary
Elections is political will. The legislative body should demonstrate the political will to improve the
election system and certain election regulations; the law-enforcing bodies should ensure safety on
all stages of elections; while the election administration should care for increasing qualification
and following the law.

Final Report

p. 21

The Report is published within the project Youth Observation Mission. Project is conducted by nongovernment organisations Saunje, Civil Society Development Center, Step Towards Civil
Integration and Helping Hand. Project is funded by National Endowment for Democracy
The content of the Report might not coincide with the position of National Endowment for Democracy
(NED) and the members of coalition Saunje, Civil Society Development Center, Step Towards Civil
Integration and Helping Hand are responsible for its content.

Collaboration between the organisations implementing the project has commenced in 2013 with the
support of the Open Society Foundation Georgia. The joint projects of this collaboration are
conducted with the support of National Endowment for Democracy (NED). The mission of the
organisations is to serve establishing and developing democratic values. For us it is important that we,
our beneficiaries and our donor representatives are satisfied with high quality and transparency of our
work.

Project Youth Observation Mission has three main tasks:

1. Informing the youth regarding the relevance of elections and the main aspects of election law;
2. Monitoring and assessment of pre-election period;
3. Observing the Election Day and publishing a report.

November, 2016

Zugdidi, Rustaveli str. 52.

Tbilisi, Al. kazbegi ave. N47
e-mail: cgfd.ge@gmail.com
Cell: +995 555 199 798
https://www.facebook.com/YEM.CGFD/

Final Report

p. 22