The Committee discussed and rejected the justified comments of the President regarding the amendments to the Election Code introduced by the Parliament on February 20, 2024.

As the justified comments provide, the election of the Chair and the so-called professional members shall require the 3/5 majority as stipulated for the election of the Public Defender, and in the event that the candidate fails to obtain the 3/5 majority votes, the candidate shall be elected by ½ majority with the term of 6 months. Besides, the competition shall be called and the competition election shall be set up by the President of Georgia and the short-listed candidates shall be nominated to the Parliament.

The justified comments provide that the position of the Deputy Chair of the CEC appointed by the opposition parties amongst the CEC members as prescribed under the Election Code shall be maintained and upon the absence of the CEC Chair, his/her Deputy elected not by the opposition parties but shall assume the authority the Parliament amongst the CEC members, and in the event of the absence of the Deputy, then the Deputy elected by the opposition shall become acting.

As also offered by the comments, the President of Georgia, in line with the Election Code, shall call the open competition for the CEC Chair and members as of May 1, 2024, for the candidates whose 6-month or 5-year terms expire as of the hereof date, and set up the competition commission. Henceforth, due procedures for the appointment of the candidates shall proceed.

After the Committee rejected the justified comments, MPs voted for and approved the initial version of the Draft. Pursuant to the Code adopted on February 20, the rules and quorum for the election of the CEC Chair and professional members shall be modified, namely, the quorum of 3/5 votes shall be established.

The Draft also envisages the 3-stage election process. 90 votes shall be required at the first stage and in the event that 90 votes are not obtained, then 76 votes elect the candidate. The nominated candidate is eligible to be voted twice by 76 votes and re-appointed with a term of 5 years. In the event that the Parliament fails to achieve 76 votes and elects any candidate, the issue shall be submitted to the President for decision-making.

Hence, the President, within a term of 1 week, shall receive the list of the candidates and respective documents, and within yet another 1 week, shall appoint the candidates among the list with a term of 5 years. Under the Draft, the amendments introduced to the electoral legislation and the Rules of Procedure remain valid stipulating that instead of the President, the Speaker of the Parliament shall call the competition and nominate the candidates for the CEC Chair and members to the Parliament.

The Draft annuls the position of the Deputy Chair, which should be elected with the opposition quota of the CEC party members.