Amendments to the Election Code and Minorities

The Georgian Parliament passed on February 2014 an election-related package of bills to put the electoral system in line with the new local self-governance law envisaging direct election of mayors in twelve cities (earlier only in 7 cities) and heads of all municipalities.

Among key changes are:

· Setting minimal threshold for electing mayors and heads of local administrations (gamgebelis) at 50%;

· Lowering threshold for proportional, party-list contest in provinces to 4%;

· Increasing number of party-list seats in most of municipal councils (sakrebulos);

· New mechanisms for additional state funding for political parties;

Direct election of mayors, heads of local administrations (gamgebelis) and local councils

Concerning the threshold for electing mayors and (gamgebelis). Minimal threshold for electing mayors and gamgebelis in the first round of vote without requirement a runoff was one of the most discussed issues. Along with mayors and gamgebelis, the voters will elect local councils in Tbilisi and 72 municipalities Like the Parliament, Sakrebulos are also elected through mixed system – part of local council members are elected in majoritarian, single-mandate constituencies, and another part through party-list, proportional contest. Majoritarian members of local council are elected in single-mandate constituencies through first-past-the post, winner-take-all rule. Number of majoritarian seats varies depending on the size of a municipality.

Majoritarian/Party –list distribution of seats in local councils increased to 15 in most of municipal councils. This change combined with lowering of the threshold for party list in provinces, increases smaller parties’ chances for endorsing more of their members. By increasing the number of party-list seats , their overall number will almost equal to those of majoritarian seats across the country.

Nomination of candidates prevents independent persons to run for the post of mayor or gamgebeli. independent candidates nominated “initiative groups” can only run for a majoritarian seat in a , municipal council while a candidate for a mayor/gamgebeli must be nominated by a political party or an election bloc. The restrictions on independent candidates were pointed out by OSCE ODIHR already after 2010 local elections.

Funding

Parties or election blocks which will garner at least 3% of votes will receive state funding to cover campaign expenses up to GEL 500,000. Also funding of party representatives in election administration, being observers of their respective parties receives from 100 GEL (PEC) to 150 GEL (DEC). Yet only “qualified” parties are eligible, which are those who won at least 3% of the vote in the most recent parliamentary or local elections. For parties which do not fall into this category the eligibility of funding is conditioned by uniting in a bloc and their aggregate votes make at minimum 2%. In the last parliamentary elections more than dozen of parties and election blocs other than the largest ones – the Georgian Dream coalition and United National Movement, achieved less than 5%.

The two largest parties, on top of other types of funding are eligible for the 2014 elections 600,000 GEL each. They are though obligated to use at least 15% of the funding on buying airtime for their campaigns in provincial TV stations outside of public broadcaster. In return, the TV stations should provide free airtime to the smaller parties who are not considered as “qualified”, but still became eligible to one-time state funding under presidential elections in 2013.

Minorities in local self-government councils (Sakrebulo)

Like parliamentary system elections of Sakrebulo is held under the proportional and majoritarian electoral systems.

According to the Election Code a sakrebulo of a self governing city comprised of: 10 members elected under the majoritarian system and 15 members elected through the proportional system, if the number of voters exceeds 75 000; 5 members elected through the majoritarian system and 10 members elected under the proportional system, if the number of voters does not exceed 75 000.

National minorities are represented in all Sakrebulos with relevant minority population. Election of minority members in Sakrebulo is dependant on political party nomination since no independent candidates are allowed.

Minorities in election administration

Election administration

The election administration of Georgia is composed of: the CEC and its Secretariat; the District election commissions (DECs); the Precinct election commissions (PECs).

The CEC is the supreme body of the election administration of Georgia, which, within its competence, conducts and controls election commissions at all levels, and ensures the uniform application of the election legislation throughout the whole territory of Georgia.

The CEC is composed of its chairperson and 12 members. 5 members of the CEC is elected by the Parliament of Georgia, upon nomination by the President of Georgia, and 7 members are appointed by parties.

The DEC constitutes a permanent territorial body of the election administration of Georgia. DECs are set up by a majority vote of the total number of the CEC. The DEC consists of 13 members appointed/elected by parties.

Election districts are divided into election precincts. The PEC is an interim territorial body of the election administration of Georgia. Election precinct is set up for not less than 20 and no more than 1,500 voters. PECs are composed of 13 members.

National minorities are not excluded from different levels of election administration, however recent practice shows that they are only marginally involved in the work of election administration. Representation of national minority members are only observed in PECs.

Channels for minority participation and involvement in elections:

· Training possibilities (Valid for 2012 parliamentary and 2014 local elections)

National minorities have legal possibilities to get professional trainings in election related issues through Center of Electoral Systems Development, Reforms and Trainings (Legal Entity of Public Law). The Centre’s activities intend to support introduction of competitive political system, rising of voters' confidence towards election procedures and arrangement of impartial, transparent elections. The Centre defined the following target groups for the election trainings: trainings and re-qualification of election administration staff, political parties, NGOs, mass media representatives, voters' corps and other interested persons.

For the time being only DEC members from minority regions enjoyed this possibility. The Chart below shows involvement of minority representatives in trainings.

Statistics of trainings attendance of the DEC members, total number of attendees 894. Source: CEC

· Grant possibilities (Valid for 2012 parliamentary and 2014 local elections):

National minority civil society organizations have legal possibilities to get funding from state budget through Center of Electoral Systems Development, Reforms and Trainings. Grants are oriented on increased participation of national minorities in elections. In 2013 totally14 projects were supported, in 2014, prior to the local elections 11 projects were selected for funding.

Recent incentives by CEC to increase minority participation in political parties (Valid for 2012 parliamentary and 2014 local elections)

The following incentives have been put forward by the CEC:

- Introduction of special financial encouragement system for political parties for consideration of minority and female candidates in political party proportional lists

- Translation of voters instructions in Geo-Arm and Geo-Az

- Translation of Guidebook for CEC district commission members in Geo-Arm and Geo-Az

- Translation of Guidebook for CEC district commission chairman in Geo-Arm and Geo-Az

- Translation of General election instructions (for wall announcements) in Geo-Arm and Geo-Az

- Preparation of Posters (cartoons) with election instructions in Geo-Arm and Geo-Az

- Translations of Election bulletins in Geo-Arm and Geo-Az

- Translation of General election lists in Geo-Arm and Geo-Az

- Translation of instruction on how to fill the bulletin in Geo-Arm and Geo-Az

- Preparation of TV clips on voting instructions in Geo-Arm and Geo-Az for six regional TV stations in two regions (Samtskhe-Javakheti and Kvemo Katrli)

- Introduction of special link called “national minorities” in CEC webpage, which gives detailed information on election procedures in Arm and Az languages

- Introduction of special hotline in central branch office of CEC. Through this hotline ethnic minority citizens can get information on election related issues in Arm and Az languages

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