Polling stations operate in diplomatic missions or consular offices of Georgia as per the established practice.
It is the responsibility and the stated objective of the Central Election Commission (CEC) to ensure high electorate turnout both within Georgia and abroad. One of the primary factors in achieving this is ensuring the accessibility of polling stations for the electorate. However, Georgian citizens residing abroad face challenges when accessing these polling stations.
Polling stations operate in diplomatic missions or consular offices of Georgia as per the established practice. Since these precincts are located in state capitals, citizens living far from these cities face significant cost and time constraints when travelling to vote.
The Election Code of Georgia specifies the election process and the responsibilities and rights of the CEC. The Code states: “Electoral precincts abroad shall be set up by the CEC based on data provided by the Ministry of Foreign Affairs of Georgia, not later than the30thday before election day, for not less than 50 and not more than 3,000 voters. The CEC shall summarise the results of the above electoral precincts in separate protocols.”
Political parties and civil society groups in Georgia have urged the Ministry of Foreign Affairs and the CEC to open polling stations in cities where the electorate meets the legal requirements for establishing an electoral precinct. Furthermore, whilst one campaign, called Ballot Box in Your City, involved citizens from various cities sending signatures to the Ministry and the CEC to request polling stations, these requests were not pursued legally as the procedure for opening polling stations is determined according to the Electoral Code.
The CEC explains that decisions to create electoral precincts in other countries are made during specific CEC meetings and are based on data provided by the Ministry of Foreign Affairs. This data is gathered from the consular registries of Georgian citizens abroad. Essentially, the Ministry sends information about the number of citizens registered in consular offices to the CEC which then decides whether to open a polling station in a given city.
However, the data provided by the Ministry only includes the number of registered citizens without specifying their exact addresses. Hence, the CEC lacks information regarding how many citizens live far from consular offices, making it difficult to determine the necessity of opening more polling stations in those specific cities. Two questions arise whilst evaluating the legal relevancy of this procedure. Firstly, is the CEC restricted to open polling stations only at diplomatic missions and consular offices abroad? Secondly, if no such restrictions exist, how should the CEC access information about Georgian citizens living far from these offices and their electoral needs?
Is the CEC restricted to open polling stations only at diplomatic missions and consular offices abroad?
Whilst both the CEC and government representatives refer to the establishment of polling stations and consular offices under the same context, they fail to provide a legal justification for this approach (refer to resources 1, 2). This practice is primarily based on the CEC receiving information solely about the number of citizens registered with consular offices.
However, a systematic analysis of the Electoral Code with regard to the Georgian law reveals that the latter does not really restrict the CEC to open electoral precincts only at consular and diplomatic offices. This legal framework effectively limits Georgian citizens from fully exercising their voting rights.
Furthermore, the government has not yet explained why these diplomatic missions and consular offices cannot rent additional spaces outside their primary locations to provide citizens with additional voting rights even if it were assumed that polling stations can only be established within diplomatic offices.
How should the CEC access information about Georgian citizens living far from these offices and their electoral needs?
As stated above, the Electoral Code mandates that the CEC set up electoral precincts abroad based on data from the Ministry of Internal Affairs of Georgia for not less than 50 and not more than 3,000 voters.
The aforementioned data is sourced from the consular registries of Georgian citizens living abroad. It is crucial to highlight that this procedure is based on current practices rather than explicit legal regulation. The law does not limit the Ministry of Internal Affairs from gathering data of citizens in consular registries or providing the CEC with the actual addresses of these citizens.
Furthermore, the Electoral Code does not specify consular registration as a prerequisite for voting. It allows citizens residing abroad illegally or those who have prohibited visa requirements to register in their respective city’s electoral precincts no later than the 19th day prior to the election. The 2024 elections are scheduled for 26 October. Polling stations abroad must be established no later than the 30th day prior to the election and citizens can register to vote at these stations until 7 October.
The CEC may not be informed about the electoral needs of Georgian citizens residing in cities far from diplomatic missions or consulates given that the CEC bases its decision to open a polling precinct based solely on the number of people registered with consular offices. Furthermore, the CEC might even overlook requests from these citizens to establish a polling station in their city as the CEC relies only on information from the Ministry of Foreign Affairs. The Election Code does not establish a hierarchy between the CEC and the Ministry of Foreign Affairs. On the contrary, the CEC is responsible for ensuring the highest possible voter turnout. Additionally, the law does not prevent the CEC from requesting additional data from the Ministry of Foreign Affairs to accurately assess the need for establishing new electoral precincts.
In reality, the approach that the CEC employs to open polling stations abroad is influenced by the established and flawed practices. Furthermore, the CEC has both the authority and the obligation to maximise voter access according to the legislation. The CEC should not be restricted by the established and flawed practices but should instead adhere to legal requirements and authority to address existing gaps in the current electoral procedures to achieve the aforementioned objective.
For instance, theoretically, if 300 Georgian citizens living abroad (but not registered with consular offices) request to vote in their city of residence rather than at the consular office, the CEC has the authority to verify these demands with the relevant agencies, which is the Ministry of Foreign Affairs in the given case, and then make a decision on opening an electoral precinct based on the provided information.
