While discussing a draft law concerning the changes in the Organic Lawon the Election Code at the plenary session held on 10 July 2013, Member of the Parliamentary Majority, Zakaria Kutsnashvili, declared that the members of district election commissions faced no disciplinary responsibility.The draft law intends to modify Article 28 of the Election Code of Georgia in order not to put the responsibility solely upon the members of precinct election commissions but also upon the members of district election commissions. FactCheck
set out to inquire about the credibility of Zakaria Kutsnashvili’s statement.
Speaking based on the situation present by 30 May 2013, Article 28 of the Election Code of Georgia regulates the extent of the disciplinary responsibility placed upon the members of precinct election commissions. The disciplinary responsibility is faced in case of: non-fulfillment or an incomplete fulfillment of the employment obligations, provoking financial harm to the election administration of Georgia or creating a danger of such,unexcused absence from work, unexcused absence from three precinct election meetings, violation of the regulations of the elections administration of Georgia and precinct election commission and refusal to put a mandatory signature on the final protocol summarising the results of the poll and elections.
No other articles of the Election Code of Georgia specify the responsibilities of the members of the district election commissions.
An inquiry about the validity of Zakaria Kutsnashvili’s statement revealed that the members of district election commissions do not face disciplinary responsibility.Therefore, we rate the statement of Zakaria Kutsnashvili: “District election commissions were outside of the territorial units for which they were responsible, and, therefore, the law placed the responsibility solely upon the members of the precinct election commissions” as TRUE.