Isfed Electionreport 2008 Eng

The International Society for Fair Elections and Democracy
ISFED
Report on Monitoring the January 5, 2008 Extraordinary Presidential Elections
The contents of this document are the sole responsibility of ISFED and can under no circumstance be regarded as reflecting the position of the European Union, Swiss Agency for Development and Cooperation and Open Society Georgian Foundation.
The International Society for Fair Elections and Democracy - ISFED
Table of Contents
Summary About ISFED Legal framework Brief Description of ISFEDs Election-Related General Activities Election Observation Mission Pre-election Period Election Day Voters Lists Statistical Analyses of the Election Day Comparative Analysis of Summary Protocols Voter Turnout Observation of the Central Electoral Commission CEC Plebiscites results Conclusion ISFED Recommendations Annexes 2 3 4 7 9 12 15 18 20 32 40 41 43 46 47 48
Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia
Summary
After the dramatic political developments in October-November 2007, on November 8, the President Saakashvili announced his resignation and a decision to hold extraordinary presidential elections in January 2008. In addition, holding of plebiscites on the timing of the parliamentary elections and on Georgias Integration in North Atlantic Treaty Organization (NATO) was also announced. send delegations for the extraordinary presidential elections. ISFED expressed readiness to observe the elections by launching the Election Observation Mission. ISFED carried out fundraising activities with major donor organizations; mobilize its networks of long-term observers and short-term activists throughout Georgia. ISFED monitored pre-election, Election Day and post-election periods and conducted parallel vote tabulation and parallel turnout tabulation (PVT-PTT) on statistically significant number of polling stations. ISFED observers filled out the standard Election Day procedure monitoring forms. ISFED Election Day analyses are based on findings of those forms. During Election Day ISFED observers filed 179 complaints and appeals at Precinct Election Commissions, District Election Commissions, and Central Election Commission. Based on the Election Observation Missions findings ISFED developed a set of recommendations for improving the future elections processes. President Saakashvili has publicly called on both domestic and international election monitoring organizations, to
About ISFED
The International Society for Fair Elections and Democracy (ISFED) is a non-governmental, nonpartisan, non-profit and impartial organization, which since its establishment in 1995 has conducted the large-scale monitoring of every election in Georgia. In addition, ISFED has monitored elections in Ukraine, Azerbaijan, Armenia, the USA, Kyrgyzstan, Albania, Kazakhstan and Norway by participating in international observation missions. ISFED is the only organization in Georgia, which conducted a Parallel Vote Tabulation and Parallel Turnout Tabulation (PVT/PTT) during the five national elections held in 2003 Parliamentary, 2004 Extraordinary Presidential and Parliamentary, 2006 local selfgovernment and 2008 Extraordinary Presidential. Based on PVT/PTT results, ISFED disseminated the objective information regarding the election results. In addition to the election-monitoring program, ISFED has implemented various projects aiming at supporting the process of democracy development in Georgia. Mainly, these projects supported the protection of citizens legal rights by monitoring the activity of the government and promoting its accountability, responsiveness and transparency. First in June 2004 and later in 2007, ISFED redefined its mission and strategy; identified priorities and developed new programs to further support democratic processes in Georgia. Main directions of the ISFED strategy for 2007-2009 are: Enhancing transparency and accountability of government; Monitoring and improving electoral processes in Georgia, protection of electoral rights; Integration into international democratic institutions and supporting establishment of principles recognized by respective institutions. Complete information about ISFED activities in Georgian and English languages is available on the organizational web-site: http://www.isfed.ge
Legal framework
Electoral System and Appointment of Elections

On November 26, 2007, Mikheil Saakashvili, the President of Georgia resigned. According to the Article 76 of the Constitution of Georgia and Article 89 of the Unified Election Code which stipulate that extraordinary presidential elections should take place during the following 45 days after the resignation of President, the Parliament of Georgia appointed the elections on January 5, 2008. The Georgian Organic Law on elections and electoral process called the Unified Election Code (UEC) served as the legal basis for the preparation and conduct of extraordinary presidential elections. Voters of Georgia elect their president through general, equal, direct and secret voting. The president of Georgia is elected once every 5 years. The candidate is elected as a president if he/she received 50% plus one vote, if none of the candidates received more than 50% of votes the second tour of elections is called in two weeks time after the Election Day. The candidate who receives a simple majority of the votes wins in the second tour. Political Party or a Citizens Initiative Group is authorized to nominate its candidate. After the nomination each party/initiative group should collect 50 000 signatures of supporters in order to register the candidate officially at the Central Election Commission.
Legal Basis
The following normative acts prescribed the conduct of January 5, 2008, extraordinary presidential elections in Georgia: The Constitution of Georgia; The Georgian Organic Law Unified Election Code; The Georgian Law on Political Parties; The relevant articles of the Georgian Criminal Code; The relevant articles of the Georgian General Administrative Code; Resolutions and ordinances of the Central Election Commission.
Amendments to the Unified Election Code of Georgia

During the pre-election period twice (November 22, December 7) the amendments were passed to the Unified Election Code of Georgia. Some of these amendments envisioned: The number of CEC and PEC members increased to 13 members. Five members at the CEC appointed by the Parliament of Georgia based on the Presidents nomination and other 7 members appointed by political parties financed by state budget; For the Precinct Electoral Commissions 6 members appointed by DECs, and other 7 members appointed by political parties; Terms of authorities for election commissions at central and district levels was decreased from six to five years; All election precincts opened abroad formed separate electoral district, the CEC would count the results of the electoral district for abroad; Article 1297, Paragraph 6 under the transitional provisions of Election Code allowed the voters to register on additional lists on the Election Day, for the 2008 extraordinary presidential elections; Article 10 of Election Code regulates the voting procedures for the persons, who serve in the military service for a fixed period or on the contractual basis in the Georgian armed forces and units and are included in special lists; Number of voters per PEC was decreased from 2000 to 1500 except for those villages, where addresses and building numeration still do not exist. ISFED considered that limited time prescribed by the election code for conducting the presidential elections challenged the practical realization of the adopted amendments.
Candidate Registration
In total twenty-two applicants applied to the CEC in order to get registered and become authorized to collect signatures of supporters for the presidential elections. However, only 7 of them managed to collect the required number of supporters signatures and register as presidential candidates. On December 11, 2007 according to the CEC resolution, the following candidates were registered and attributed the following numbers1:
The candidate whose party showed the best results in the previous parliamentary election can retain the number of its political party or the new one. Respectively remaining candidate selects the numbers according to the abovementioned rule. Casting for determining the number is carried out by the CEC if a candidates political party/ initiative group did not participate in the previous parliamentary elections.
# 1 Levan Gachechiladze- Unified Opposition # 2 Arkadi Patarkatsishvili- Initiative Group # 3 Davit Gamkrelidze- The New Rights # 4 Shalva Natelashvili- Labor Party of Georgia # 5 Mikheil Saakashvili- United National Movement # 6 George Maisashvili- Initiative Group # 7 Irina Sarishvili-Chanturia- Initiative Group
Brief Description of ISFEDs Election-Related General Activities2

Prior to and during the pre-election period ISFED had been conducting various election related activities. These activities aimed at increasing the voters awareness on elections, election-related issues such as voters lists, Election Day procedures, election timeframes etc.
I Vote for the First Time

ISFED conducted 60 I Vote for the First Time workshops to the first and second year students. The main goal of the activity was to raise awareness of young, first time voters on elections and other election related issues. The activity was carried out with the financial support of National Endowment for Democracy (NED); technical support was provided by the National Democratic Institute for International Affairs (NDI).
Voters Lists Amelioration: Monitoring the Door-to-Door Campaign Conducted by the Election Administration I and II Phases
Starting from September 2007 ISFED monitored the activities of the Central Election Commission that aimed at ameliorating the voters lists.
Phase I
In collaboration with the Central Election Commission ISFED complemented the voter education campaign that was carried out by the CEC. ISFED carried out a nationwide voters information campaign. The goal of the Voter Information Campaign was to explain to voters the reasons and importance of the door-to-door activity (carried by election administration).
ISFED had launched and been conducted these activities before the appointment of the 2008 presidential elections as a part of general activities.
Phase II
The goal of the project was to monitor the activities carried out by the election administration in regard of ameliorating voters lists. ISFED monitored the full training process, field-work of 3000 special groups as well the data entry process at the CEC. In addition, ISFED checked the quality, adequacy, and clarity of the training materials, monitored the attendance of the special groups at trainings, and noted how the trainings were conducted. The project was financially supported by Council of Europe (CoE).
Voter Information Campaign

During December 2007, ISFED conducted Voters Information Campaign. The project aimed at increasing voters awareness on Voters Lists. The main message was to motivate voters to check their personnel data in the voters lists during the period of Exhibitions and Challenges. In order to attain the main goal ISFED prepared the audio and video spots, conducted four radio talk shows, prepared, printed out and distributed 3 000 posters and 75 000 leaflets. All these materials were distributed to voters through face-to-face meetings in 75 electoral districts respectively. In addition, for distributing all printed materials ISFED organized 75 public stands simultaneously in all 75 electoral district of the country. The project was financially supported by Council of Europe (CoE).
Election Observation Mission

ISFED conducted pre-election, Election Day and post-election monitoring of the January 5, 2008 extraordinary presidential elections and two plebiscites- on Georgias integration into the North Atlantic Treaty Organization and the date of holding the parliamentary elections. During the Observation Mission major focus was paid to the extraordinary presidential elections. The main goal of the ISFED Monitoring Mission was to ensure transparent and effective administration of election procedures and to provide to public objective and impartial information regarding elections. Within the Observation Mission the Parallel Vote Tabulation (PVT) and Parallel Turnout Tabulation (PTT) on a representative number of polling stations throughout the country was carried out. PVT/PTT prescribed counting of votes and voting results for presidential elections. ISFED deployed 75 long-term observers and three thousand two hundred forty nine static observers in three thousand two hundred forty nine precincts in seventy five electoral districts. The Observation Mission did not cover the electoral district of Upper Abkhazia, and South Ossetia, the organization covered the polling stations located in South Ossetia conflict zone in Big and Small Liakhvi Gorge and deployed its observers to observe Election Day on two PECs in Iraq. ISFED election observation mission for the January 5, 2008 Extraordinary Presidential elections was financially supported by European Union (EU) and Swiss Agency for Development and Cooperation (SDC) the technical support was provided by the National Democratic Institute (NDI); The Parallel Turnout Tabulation was funded by the Open Society Georgia Foundation (OSGF).
Observers Mobilization
For the observation mission ISFED formed extensive volunteers network throughout Georgia. In total, ISFED accredited and trained over 3,500 observers for this years comprehensive Georgia-wide Election Day (E-day) monitoring and PVT observer mission. Long-term observation was carried out by 75 district Coordinators, while static/precinct observation was carried out by 3,249 precincts and 75 district observers. Monitoring was also conducted by ISFED 75 mobile groups for rapid information collection and immediate response to PEC observers. Further, the activities of ISFED observers were supported by the legal expertise of a regionally-based 5 teams of lawyers.
Observers and PVT trainings

To increase the effectiveness of the E-day monitoring mission, ISFED organized observation campaign and Election Day planning sessions and conducted a set of trainings for E-day precinct observers and parallel vote/parallel turnout tabulation (PVT/PTT) observers. The trainings included: Training of Trainers (ToT) for E-day ordinary observation; E-day observers trainings I and II rounds; Training of Trainers (ToT) for PVT and PTT observers; Trainings for PVT /PTT observers; Training for PVT/PTT phone operators, and; Training for PVT/PTT computer operators.
In preparation for the Election Observation Mission, ISFED conducted Training of Trainers (ToT) for 20 trainers, who afterward conducted two rounds of trainings to the 3500 static observers of all 75 electoral districts on Election Day observation techniques. All necessary materials were prepared by ISFED central office staff and delivered to ISFED observers3.
Observers manual 3,200 copies; Standard form of the monitoring 3,200 copies; Appeal form 12,000 copies; Critical/incident form 9,000 copies; Description of appeals/ applying form 150 copies; Accreditation forms to be submitted to the DECs 300 copies;Tbilisi PVT form 2,200 copies;
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Separate Training of Trainers (ToT) was conducted to ISFEDs 20 PVT/PTT trainers; accordingly all PVT/PTT observation materials were distributed to ISFEDs 402 PVT/PTT observers. In total 150 observation trainings in 75 electoral districts and 75 PVT/PTT trainings were conducted for 3500 ordinary and 402 PVT/PTT observers. Special trainings were conducted to ISFEDs 30 PVT phone and 30 PVT/PTT computer operators. ISFED IT Department developed special PVT program. Testing of ISFEDs PVT/PTT program was conducted prior to Election Day. On Election Day two International PVT Experts observed the conduct of ISFEDs PVT/PTT activities.
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Pre-election Period
During the pre-election period, ISFED central and regional offices, organizations district long-term observers monitored the recruitment process of all levels of Election Administration, attended the CEC and DEC sessions, monitored the implementation processes of pre-election procedures. Besides that, ISFED monitored the entire process of verifying of voters lists, election administration meeting the deadlines prescribed by legislation, election campaigns held by presidential candidates and the methods used by them for gaining votes. ISFED periodically informed the society about monitoring results by organizing press briefings and producing an online bulletin Election Update (three editions in total).
During this period, ISFED found out significant number of violations. Specifically, the instances of pressures on voters from one of the presidential candidates supporters (National Movement candidate) were observed. For example, pressure was exhorted on the voters working in public or educational sector in Khobi, Batumi and Kvareli. In Nadzaladevi and Senaki election districts social aid were not distributed to those citizens who were not supporters of National Movements presidential candidate. ISFED long-term observers also observed the facts of gathering voters signatures and ID cards in Kobuleti- afterwards these ID cards were returned. All the facts of violations collected by ISFED observers were reflected in ISFED election updates and made available to the Inter Agency Task Force for Free and Fair Elections and general public.
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One fact of violation occurred in Khelvachauri election district, where representatives of National Movement exhorted pressure on ISFEDs representative. This fact was reflected in Election Update presented by the Inter Agency Task Force for Free and Fair Elections. In Election Update where was divulged the name of victim, but the name of headquarters representative was not fixed. Also, was incorrect interpretation of the fact, which had to be improved in the next update, but unfortunately, it did not happen. In Kobuleti, a DEC member told the ISFED long-term coordinator that he would stuff as many ballots in the box of PEC #10 as he wished. A special session was held in the Kobuleti election district concerning this fact, where the DEC member confirmed his announcement. He was given a warning and instructed to stop making such statements. Later this member of the PEC was fired from his job. In addition, Inter Agency Task Force for Free and Fair Elections made incorrect interpretation regarding the fact, which took place on December 17, in Kobuleti. In Lagodekhi, the head of regional security service called the ISFED long-term observer and asked several questions concerning his work and salary. It is unclear why a security service head would be interested in the details of election observers work and salary. intimidation of the observers work. In Chiatura, the Municipality Gamgeoba representatives took ID cards from citizens in order to distribute vouchers and flour and only given back before the Election Day. Intern Agency working group from its side provided inadequate answer on the incident regarding the taking off the ID cards from the citizens in Chiatura. In October-November, 2007 the election administration of Georgia conducted the door-to-door campaign to verify voters lists in 75 election districts throughout Georgia. ISFED with organizations long-term observers and volunteers monitored the implementation of abovementioned process. ISFED also observed the whole process as the data was processed and entered at the CEC. On 22 December 2007, ISFED submitted the list of deceased voters, who should not have been on the voters list to the CEC. For example: There were 50 deceased voters found in the list of PEC #2 in Kareli DEC. During the monitoring period election administration was engaged in preparation of January 5, 2008 Extraordinary Presidential Elections. On November 26, the CEC approved the agenda of election related events, including the dates and terms, in the frames of which election administrations should Because the questions asked addressed many issues other than security, the questioning could be interpreted as interference and/or
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have conducted election related activities according to the Unified Election Code of Georgia, among them: processing unified and special voter lists, registration of presidential candidates, attributing them with the current numbers, approving the forms and contents of ballot papers, printing them, prcising the boundaries of election precincts, recruiting of the PECs and formatting of precincts abroad. According to the legislation, election administration had 45 days for implementing election related activities. Despite the fact, that the election administration worked hard and in a short period of time ensured implementation of various electoral measurements, in many cases there were gaps related to the deadlines. For instance, the deadline for holding first PEC sessions was violated in the several election precincts of Tetritskharo, Dusheti, Kazbegi, Kaspi, Shuakhevi, Keda and Ozurgeti election districts. Other kinds of problems were observed too. For example in some of the election precincts of Sighnaghi and Nadzaladevi election districts, members of opposition political parties were not provided with the information on the PECs sessions. Also, in the PECs, where representatives of opposition political parties were appointed on the positions of a Chairman or a Deputy Chairman, protocols of the sessions were abolished. In one election precinct of Kvareli, representatives from opposition party were not included into the protocols. In Lagodekhi an incident was observed when the Commission Chairman, Deputy Chairman and the Secretary were elected on the sessions, and the protocol of this session was signed by only 5 out of 13 PECs members. At # 11 Vazisubani Election Precincts, the policeman attended the session. All these facts cast a doubt on the nonpartisanship of the commissions members and their qualifications.
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Election Day
International Society for Fair Elections and Democracy (ISFED) observed the entire process of Election Day including the voting, counting of votes and summarizing the polling results in almost all election precincts of 75 District Election Commissions of Georgia. ISFED conducted the monitoring via deploying 3249 impartial and non-partisan observers. On Election Day ISFED deployed 3249 static observers in 75 electoral districts. In addition, 75 mobile teams were formed to react to emergency situations. Additionally 5 legal teams were formed; each legal team covered certain election observation area. Out of 3512 PECs throughout Georgia and abroad, ISFED observers monitored 3249 PECs. All their election observation findings were entered in the special Election Day monitoring forms. Out of total 3249, 3194 Election Day monitoring forms were statistically analyzed.
In addition, ISFED noted technical problems during implementation of activities carried out by election administration. Specifically, in number of cases the PEC members were not prepared for the elections; UV lamps for checking inking were broken at several PECs; voters were not properly inked in number of polling stations. Some PECs were not provided with the sufficient number of the envelopes of different
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size and color; there were cases of filling in the protocols with pencils raising fears that the results could be altered. However, these protocols were still signed and stamped by the PEC members. Specifically ISFED observers identified the following irregularities: PECs in some of the villages were located in the buildings of police or headquarters of the National Movement- examples: Naphareuli, Karadjala, Akura, Tsiteltskaro; Number of PECs did not have the reception-delivery acts for registering the exact number of election materials: i.e. ballot papers, envelopes of different size and color, etc; The summary and demonstration protocols were not filled out in a chronological order as prescribed by the Unified Election Code; In some villages with predominately Azeri monitories ballot papers and other elections materials were delivered in Russian language (as majority of minorities in these villages do not speak Russian, it was impossible for them to read the ballot papers); At some PECs agitation in favor of the presidential candidate # 5 was observed- Tetritskaro- PECs #8, #15, #22, Gori- PEC #13 and 12, Kazbegi- PEC #2 , Isani- PEC # 1 and 2. Agitation in favor of the presidential candidate # 1 was observed Tetritskaro- PECs #7; At many PECs commission members did not know how to operate copy machines- Dmanisi, Ozurgeti, Chokhatauri, Dusheti. During the Election Day cutting of electricity at several PECS complicated the process of delivery of summary protocols to ISFED observers- Poti, Lanchkhuti, Ozurgeti, Qeda, Chokhatauri; ISFED observers faced problems with PECs members refusing to stamp the photo-copies of summary protocols; A considerable number of ISFED observers were deliberately misled by PEC members by receiving exercise copy of summary of protocol (though stamped and signed) instead of official 02 protocols; Complains of ISFED observers were not accepted deliberately in some PECs of Khelvachauri, Tsalka, Tsalendjikha, Mtatsminda electoral districts; The delegates of villages, members of Gamgeoba and Sakrebulos were accredited as the representatives of candidate #5 at almost every PECs and DECs; Problems with permitting observers to monitor all procedures of Elections Day were observedPECs Nadzaladevi #45, Khashuri DEC, Tsalka #22 PEC; Low level of professionalism of PEC members were observed at most PECs throughout; The instances of exhorting pressure on ISFED observers were observed- in Tetritskaro, Gori, Khashuri DEC PECs # 7, 44, 9, Mtskheta- PEC#9 and PEC#6, Tsalka , Tianeti, Batumi, Khulo, Shuakhevi; In Chokhatauri, Khobi, Kutaisi, Chiatura, Khoni ISFED observers were followed by suspicious cars.
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In addition , ISFED observed Election Day a t the military PECs in # 41 of Bagdad, and in # 42 PEC of Alkuta, Iraq DEC # 87. ISFED observers monitored the full process of Georgian servicemen participating in extraordinary Presidential Elections.
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Voters Lists
ISFED monitored the entire process of voters list amelioration process conducted by CEC. Two thirds of the total number of voters was checked during the door-to-door campaign. While processing the voters data, 28 123 deceased voters were taken off the lists throughout the country which composes 0.83 % of the total number of voters; 65 491 voters were added to the list 1.94 % of the total number of voters. Final number of voters for the Election Day was 3 527 9644. Based on the work of ISFED long-term observes, during the pre-election period ISFED submitted the list of deceased voters who should not had been on the voters list. There were 50 deceased voters found in the list of PEC #2 in Kareli DEC # 33; 33 cases in PECs #1 and #2 in Oni DEC #43; 19 cases in PECs #19 and #68 in Zugdidi DEC #67. ISFED conducted a quantitative comparison of the voters list of the 2006 local self-government elections to the current voters list for the upcoming presidential elections at the district level. The number of voters overall has increased by just over 5 %. The number of voters per DEC has significantly increased in several districts, such as Krtsanisi (19.7 %), Kaspi (18.7 %), Marneuli (17,5), Martvili (16.2%), Saburtalo (14.0 %), Lagodekhi (13.8 %) and Ozurgeti (10.9 %). However, number of voters in Krtsanisi was significantly increased as the boundaries of Tbilisi were re-drawn last year and a number of villages were included as part of the city. Those additional villages are now included in the Krtsanisi district. On the other hand, the number of voters decreased in several districts, such as Mtskheta (22.7 %), Gardabani (-8.1%), Upper Abkhazia (-6.5%), Lentekhi (-2.5%), and Senaki (-2.2%). ISFED welcomed the initiative of the CEC to verify voters data through the door-to-door checking of voters. However, in order to be most effective, it would have been desirable to specify all details of the methodology of the door-to-door campaign and its implementation during the preparation period. Despite the fact that CEC made significant efforts to improve the voters list, at the Election Day several major problems regarding the voters list were observed Deceased people on the lists; Double-entries on the lists; Differences between the public lists and registers lists at PECs; The lists of voters were not separated through alphabetical order in case of existence of more than one PEC in the village ( accordingly voters could vote more than once)- Kabali village (Lagodekhi DEC) and Dvabzu and Laituri ( Ozurgeti District);
Data provided by the Central Election Commission
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The final version of voters list did not reflect results of a door-to-door campaign; The civil registries data was different from the data of voters list; During the exhibition and challenges period PECs members did not except the official requests of some citizens to be added to the voters list (justifying their refusal with registration); election day
Under-age citizens were observed in the general voters lists; Unknown voters (strangers to owners of the apartments) were added to the number of addresses in Tbilisi city.
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Statistical Analyses of the Election Day

ISFED carried out quantitative sociological research; semi-structural survey method was used for carrying out during the monitoring activity; in total ISFED deployed 3249 precinct (static) observers out of total 3512 PECs throughout Georgia and abroad. The ISFED statistical analysis is based on the findings of 3194 filled in static observer forms. During analyzing the data a special program created by ISFED was used, which re-grouped the relevant information by its typology and carried out descriptive character.
Opening of the Precinct Election Commissions

53 PECs were opened from 05:15 to 06:50, which means that 1.66% of 3194 PECs were opened earlier then the time stipulated by the law 2593 PECs were opened according to the law provisions 50 PECs were opened from 07:15 to 8:00
From 05:15 to 06:50 From 06:50 to 07:15 From 07:15 to 08:00 Information not available5 Not coincident with none of the intervals6 Totally
53 2593 50 20 478 3194
1.66% 81.18% 1.57% 0.63% 14.97% 100.00%
Posting of Voters Lists, Voting Instructions, Election Ballot Samples

On Election Day the voters lists were posted up at 3136 PECs (98.8%). The voters lists were not posted up at 22 PECs. These PEC were: Ambolauri #7, #22, Kutaisi #6, #39, #53, #72, on # 457 Krtsanisi #31, Samgori #89, Samgori #1068, Gldani #43, #100, Nadzaladevi #28, Gori #24, #49, #47, Zugdidi #8, #27, #66 and etc. ISFED does not possess information from 36 PECs.
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The standard forms filled by ISFED observers did not include the information on the issue PECs were opened before 5:15 or after 8:00. 7 The voters list was posted up after comment by ISFED observer 8 The voters list was posted up after comment by ISFED observer
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At 3022 PECss polling stations (94.61%) voting instructions were posted up. At 101 PECs voting instructions were not posted up. ISFED does not possess information from 71 PECs. At 2788 PECs, election ballot samples were posted up (87.29%). At 226 PECs election ballot samples were not posted up. ISFED does not possess information from 180 PECs.
Received Ballots at PECs

At 2926 PECs the number of received ballots coincide with the number indicated in the receptiondelivery act. At 18 PECs the number of received ballots did not coincide with the number indicated in acceptance-delivery act. These PECs were: Samtredia #30 (75 ballot papers short), Khoni #12, #19, #28, Chiatura #6, #39 (50 ballot papers short), #43 (9 ballot papers short), Tskaltubo #46, Kutaisi #6, Zugdidi #67, Tsalenjikha #3, Mtatsminda #5, #8, Samgori #559, Nadzaladevi #12, #81, Gldani #83, Tsalka #20, Dusheti #5, Gori #24. ISFED does not possess information from 249 PECs. In Kutaisi at PEC #53, the members did not compare number of ballot papers to the number indicated in the reception-delivery act.
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The PEC members did not compare the number of envelopes to the number indicated in the reception-delivery act.
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Distribution of Functions among the PECs Members through Casting a lot

At 3146 PECs (98.5%) distribution of functions among the PECs members was carried out according to law provisions. At 14 PECs distribution of functions among the PECs members was carried out with violation of the law provisions. ISFED does not possess information from 34 PECs..
Start of Polling
At 127 PECs polling started at 07:15-07:50 AM- earlier than 8:00 AM (as stipulated by the law). At 2411 PECs polling started at 8:00 AM. At 324 PECs polling started later than 08:00 AM.
Signing of Control Paper by the First Voter
Yes No Information not available Totally
3157 8 29 3249
98.84% 0.85% 0.44% 100.00%
At 3157 PECs the first voter signed the control paper (98.84%). At 8 PECs the first voter did not sign the control paper. ISFED does not possess information from 9 PECs.
Placement of Control Papers in Stationary and Portable Ballot-Boxes

Control papers were placed into the stationary and portable ballot-boxes in 3159 PECs, in 18 PECs-were not - Nadzaladevi #9, Tsalka #3, Ninotsminda #30,Batumi #74, Kobuleti #12, Khelvachauri #13. ISFED does not possess information from 8 PECs.
Saving of One Copy of Control Paper Signed and Stamped by the First Voter
At 3172 PECs (99.31%) one copy of control paper signed and stamped by the first voter was saved. At 4 PECs a copy of control paper signed and stamped by the first voter was not saved- Nadzaladevi #86, Tsalka #10, #45, Gori #40. ISFED does not possess information from 9 PECs.
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Asking Voters to Present Identification Cards

At 3174 PECs registrars were asking for voters IDs. At 4 PECs registrars were not asking for voters IDs Samtredia #30, #35, #36, Martvili # 510.
Identification of Stamped and Signed Ballots

At 3188 PECs (99.81%) registrars identified the stamped and signed ballots. At one PEC - Krtasanisi #34registrars did not identify the stamped and signed ballots. ISFED does not possess information from 4 PECs.
Signing in Voters Lists by Voters after Receiving the Ballot Papers

At 3166 PECs (99.12%) the voters signed in voters list after having received the ballot papers of total amount. At 3 PECs, voters did not sign in voters lists in some cases. information from 25 PECs. ISFED does not possess
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At these polling stations, registers were occasionally asking for voters IDs
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Entering Voters Information for 12:00 and 17:00 into the Registration Books and Protocols
At 3121 PECs (97.71%) commission members entered voters information for 12:00 and 17:00 into the registration books and protocols. At 3 PECs election commission did not enter such information for 12:00 and 17:00 into the registration books and protocol - Marneuli #55, Adigeni #10, Aspindza#16. ISFED does not possess information from 69 PECs. At one PEC -Chkhorotsku #1, the commission entered voters information for 12:00 and 17:00 to the registration books and protocols when summarizing the final protocols.
Voting Instead of Another Voter

At 122 PECs the facts of voting instead of another voter were observed. ISFED does not possess information from 94 PECs. At 2978 PECs no instances of voting instead of another voter were observed.
Secrecy of Polling
At 3143 PECs confidence of polling was maintained. At 20 PECs secrecy of voting was not maintainedKutaisi PECs #2, #8, #10, #27, #29, #30, Senaki PEC #36, Martvili PEC #9, #35, Khobi PEC #4, Zugdidi PEC #9, Sighnaghi PEC #18, Kvareli PEC #18, Telavi PEC #39, Gldani PEC #23, Marneuli PEC #40, Mskheta PEC #2, Gori PEC #37, #49, Ninotsminda PEC #23. ISFED does not possess information from 31 PECs.
Usage of Video and Photo Cameras in Secret Voting Cabins

At 13 PECs (0.41%) the instances of using not possess information from 161 PECs. video and photo cameras in secret voting cabins were
observed-Kutaisi #21, Senaki #9, Mtatsminda #34, Isani #5, Nadzaladevi #22, Gldani #2, #90. ISFED does
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Presentation of IDs and a Copy of IDs by Voters Voting through the Additional Voters Lists
At 2972 PECs (93.05%) the procedure of presenting IDs and one copy of IDs by voters voting through the additional voters lists was followed. At 10 PECs voters voting through the additional voters lists did not present their IDs and one copy of IDs- Kutaisi #27, Martvili #23, Zugdidi #11, Telavi #10, Gldani #59, Bolnisi #2211. ISFED does not possess information from 212 PECs.
Putting Special Ballots into the Envelopes of Different Color

At 9 PECs there were cases when the voters of additional lists were not putting special ballots into the envelopes of different color - Khoni #29, Lagodekhi #15, Krtsanisi #30, Tsalka #33, Akhaltsikhe #30, Aspindza #13, Ozurgeti #6. This procedure was followed at 2944 PECs (which is 92.17%). ISFED does not possess information from 205 PECs. 36 PECs did not have voters in additional list.
Separate Voters List for Voters of Additional Lists

At 4 PECs separate voters lists for voters of additional lists were not composed -Tsalka #4, #33, Dmanisi #33. ISFED does not possess information from 194 PECs.
Presence of Unauthorized Persons at PECs

At 107 PECs (3.35%) the presence of unauthorized persons was observed- Ambrolauri #22, Kharagauli #5, #27, #28, Baghdati #4, #8, #10, #16, SAmtredia #13, #37, #42, Chiatura #22, Tkibuli #18, Kutaisi #45, #80, #84, Senaki #36, Martvili #34, Khobi #4, #15, Chkhorotsku #1, Gurjaani #10, #12, #16, Sighnaghi #21, #26, #30, Dedoplistskaro #19, Kvareli #16, #29, Telavi #1, #2, #6, #9, Vake #1, Ktsanisi #10, #20, #29, #30, Isani #14, #72, #76, Cgugureti #31, Nadzaladevi #24, #52, #54, #56, Marneuli # 56, #62, Bolnisi #1, #46, #49, #54, Tsalka #4, #12, #20, Tetritskaro #39, Gori #2, #3, #24, #48, #49, Ozurgeti #7, Chokhatauri #22, Batumi #44, Kobuleti #41, Khelvachauri #43 etc. ISFED does not possess information from 103 PECs.
11
On some PECs there were no voters by additional voters list, accordingly observers did not provide information on this
25
Presence of Police near PECs

Near 2218 PECs presence of policemen was observed. Near 863 PECs the presence of policemen was not observed. Observers couldnt manage to confirm the presence of policemen on 113 PECs. ISFED does not possess information from 113 PECs.
Staffing of False Ballots
Yes No Information not available Totally
45 3098 51 3249
1.41% 96.99% 1.57% 100.00%
At 3098 no attempts of staffing the false ballots were observed. At 45 PECs attempts of staffing the false ballots were observed- Tskaltubo #46, Zugdidi #84, Telavi #1, #26, Gurjaani # 14, Saburtalo #57, Marneuli #40, Bolnisi #54, Tsalka # 10, #20, Mtskheta #35, Aspindza #15, Chokhatauri #22. ISFED does not possess information from 51 PECs. Out of these 45 attempts, at 8 PECs, attempts of ballot staffing were successful- Gurjaani #14, Telavi #1, Marneuli #40, Tsalka #10, #20, Mtskheta #35, Aspindza #15. At remaining 37 PECs, attempts of ballot staffing did not succeed.
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Operating of PECs
At the Election Day there was no halt at the operations of 3158 PECs. At 10 PECs there was halt at the operations- Kutaisi #34, #70, Telavi #1, #9, Samgori #87. ISFED does not possess information from 26 PECs.
Voting by Portable Ballot-box

At 2948 PECs (92.14%), commission members composed the list of election ballot-box and kept corresponding records in the voters list. At 35 PECs commission did not compose the list of election ballot-box and keep corresponding records in the voters list. ISFED does not possess information from 216 PECs. At 204 PECs voters list of portable ballot-box was not composed in advance, so PECs commission did not compose the list of election ballot-box.
Keeping a Record about the Amount of Ballots Given to the PECs Member Accompanying the Portable Ballot-Box
Yes No Information not available portable ballot-box was not used12 Totally
2934 2 219 39 3194
91,86% 0,06% 6,86% 1,27% 100,00%
At 2934 PECs (91, 86%), the secretary kept a record about the amount of ballots given to the PECs member accompanying the portable ballot-box. At 2 PECs secretary did not keep a record about the amount of ballots given to the PECs member accompanying the portable ballot-box. ISFED does not possess information from 219 PECs. According to the Unified Election Code the portable ballot-box had to be taken out of the PEC at 9:00. This procedure was maintained au 2209 PECs At 725 PECs the portable ballot-box was taken to voters later. ISFED does not possess information from 260 PECs.
12
As the portable ballot-box was not used, consequently ISFED observers could not provide information on the issue
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Return of Sealed Ballot Boxes

At all but 4 PECs- Isani #1, Rustavi #43, Gori #48, Akhaltsikhe #13- sealed ballot-boxes have been returned to PECs.
Closing of PECs
Polling finished from 19:50 to 20:15 at 3007 PECs. Polling finished from 19:00 to 19:50 (earlier) at 2 PECs- Poti #6, Chughureti #44 (military PEC, counted with Chugureti #16). Polling finished from 20:15 to 22:00 at 11 PECs13.
Selection of Ballot Counters
Yes No Uncompleted Totally
3114 22 57 3194
97,5% 0,69% 1,78% 100,00%
At 3114 PEC (97.5%) ballot counters were selected through casting a lot. At 22 PECs ballot counters were not selected through casting a vote - Vake #1, Nadzaladevi #51, #62, Tsalka #39, Mtskheta#11, Tetritskaro #39, Gori #32, # 46, #54, #66, #74, Aspindza #17, Akhalkalaki #43, Ninotsminda #21, #24, Khelvachauri #31. ISFED does not possess information from 57 PECs.
Presence of Unauthorized Persons at Counting Procedure

At 33 PECs (1.03%) presence of unauthorized persons at counting procedure was observed - Oni #6, # 21, Kharagauli #5, #27, Baghdati #8, Samtredia #30, 42, 11, Khoni #29, Gurjaani #15, Chugureti #8, Nadzaladevi # 14, #31, Bolnisi #33, #54, Akhaltsikhe #11, #23, #29, #32, #34, Chokhatauri #25, Kobuleti #12 etc.
13
Long lines of voters waiting for their turn for casting a ballot can be a reason for finishing polling late.
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Observers Presence at Counting Procedure

At 3130 PECs (98%) observers were allowed to monitor counting procedures. At 11 PECs (0.34%) observers were not allowed to monitor counting procedures- Isani #32, Nadzaladevi #4, #5314, Gldani #83, Marneuli #66, Bolnisi #58, Khashuri #11, Tsalka #8, Ninotsminda #23.
Filling in Demonstration Protocols by Precinct Election Commission

At 3114 PECs, commission members were filling in the demonstration protocols. At 41 PECs (1.28%) the demonstration protocols were not completed- Zugdidi #9, Tsageri #15 (the demonstration protocol was completed after 12:00), Samtredia #30, Telavi #5, #10, Vake #52, Saburtalo # 79, Isani #76, Gldani #3, Ninotsminda # 4, #5, #8, #11, #30. ISFED does not possess information from 39 PECs.
Receipt of the Copies of Protocols by Representatives of Candidates and Independent Observers

At 2916 PECs, representatives of candidates and independent observers received copies of protocols. At 64 PECs representatives of candidates and independent observers did not receive copies of protocols.
14
The PEC chairman forced observers to leave PEC
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Presence of International Observers at PECs

At 2045 PECs there were international observers. At 1084 PECs (33.94%) there were not international observers.
Complaints on Election Procedure Violations

At 152 PECs, ISFEDs representatives wrote 179 complaints on procedural violations of Election Day. 19 complaints out of 179 were not accepted by the PEC members.
Entering Comments/Complaints to the Notebook

At 2952 PECs (92.39%), every authorized person was allowed to enter their comments/complaints to the notebook. At 164 PECs (5.13%) authorized persons were not allowed to enter their comments/complaints to the notebook. ISFED does not possess information from 79 PECs.
Comments in Final Protocols

At 431 PECs members commented in summary protocols. At 2583 PECs members did not comment in summary protocols. ISFED does not possess information from 180 PECs.
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The Results of Parallel Vote Tabulation (PVT)

PVT results are calculated based on valid and invalid ballots, not based on signatures. ISFED determined the representative sample of the PVT with 95% confidence level. The results of the PVT conducted in 394 Precinct Election Commissions are as follows: N1 Levan Gachechiladze (United Opposition): 27.2% N2 Arkadi (Badri) Patarkatsishvili (Independent Candidate): 7.3% N3 Davit Gamkrelidze (New Rights): 4.3% N4 Shalva Natelashvili (Labor Party): 7.0% N5 Mikheil Saakashvili (United National Movement): 50.8% N6 Gia Maisashvili (Independent Candidate): 1.0% N7 Irina Sarishvili-Chanturia (Independent Candidate): 0.2% Invalidated Ballots: 2.3% The margin of error for the PVT results was +/- 2.2%
Parallel Turnout Tabulation/PTT

On the Election day ISFED also conducted the parallel turnout tabulation of those voters who participated in the elections. The results of the above-mentioned activity are as follows: 12:00 15.7% 17:00 46.1% 20:00 55.7% (Final number)
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Comparative Analysis of Summary Protocols

At 2916 PECs (91.3%) copies of protocols were delivered to the representatives of candidates and independent observers (including ISFED). At 64 PECs copies of protocols were not delivered to the representatives of candidates and independent observers. ISFED does not possess information from 214 PECs. ISFED verified 2784 presidential summary protocols (excluding PVT PECs). There were many exercise copy of summary protocols- though stamped and signed- instead of official 02 protocols; correction and additional lists protocols which were not represented on the CECs official website; precinct presidential summary protocols, where the data did not coincide with the data in protocols posted by CEC on their website; precinct presidential summary protocols with empty columns. The charts display the information on each of the mentioned irregularities
1. Stamped and signed exercise copies of summary protocols
Region Tbilisi Kutaisi Batumi Gurjaani Totally
Amount 222 96 25 32 375
Out of total 2784 summary protocols in Tbilisi region 222 were exercise copies of summary protocols (though signed and stamped); in Kutaisi region 96; in Gurjaani-32 and in Batumi 25. Totally ISFED observers were given 375 exercise copies of summary protocols - 13.46% out of total.
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2. Correction protocols (attached to summary protocols) , which were not posted on CECs official website:
Amount 12 8 1 9 30
ISFEDs observers received summary protocols with attached correction protocols. Out of total, 30 PECs - 12 in Tbilisi; 8 in Kutaisi; 9 in Gurjaani and 1 in Batumi, were not posted on CEC official website
3. Summary protocols of additional lists for presidential election not posted on CECs official web-site:
Amount 27 14 9 3 53
Copies of summary protocols of additional lists for presidential election obtained by ISFED observes at 53 PECs were not posted on CEC official website- Tbilisi 27, Kutaisi 14, Batumi 9, Gurjaani 3.
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4. At 206 precincts presidential final protocols date does not coincide with the data posted on CECs official web-site:
Amount 98 59 44 5 206
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5. ISFED observers were given the copies of voting protocols, where the fields were empty:
Amount 40 12 14 1 67
The law stipulates that there should not be empty gaps in protocols. If no numbers are available for specific gaps, it should be filled in with 0 or X. In 67 protocols the gaps was empty.
37
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At 34 PECs, more then 100 voters voted through additional list: Vani #22, Kutaisi #90, Martvili #10, Zugdidi #3, #38, Mtatsminda #29, Saburtalo #33, #56, #57, #59, Krtsanisi #34, Isani #32, #41, #46, Samgori #62, Nadzaladevi #60, Gldani #9, #83, Gardabani #4, Marneuli #12, #13, #29, #31, Bolnisi #1, #9, #10, Gori #17, Khashuri #18, Khelvachauri #22, #23, #55 etc. The findings of ISFED's monitoring demonstrate that the majority of summary protocols issued by the Precinct Elections Commissions were not correctly filled in. The different columns in the protocols do not balance. VOTERS: Total number of voters [protocol part 5] should be equal to the number of voters in a general voter list [Protocol part 1] plus number of voters in the special list [protocol part 2] plus number of voters in the (E-day registered) Additional list [protocol part 3] and minus number of voters who were transferred to other PECs special list [protocol part 4] Out of total 3442* protocols 3292 protocols do add up properly (95.64% of total) 150 protocols do not add up properly (4.36% of total); VALID VOTES: Valid votes [protocol part 11] should be equal to the total number of votes for all candidates; Out of total 3442* protocols 2650 protocols do add up properly (76.99% of total) however, 792 protocols do not add up properly (23.01% of total); SIGNATURES/BALLOTS: Number of voters who voted/Signatures [protocol part 7] should be equal to the valid ballots [protocol part 11] plus invalid ballots [protocol part 12] plus number of envelopes of different size [protocol part 13]. Out of total 344215 protocols 2594 do add up properly (75.36%), 848 protocols do not add up properly (24.64%);
15
3442 protocol results exclude special protocol where the CEC counted additional (E-day) votes
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Voter Turnout
ISFED calculated the turnout figures based on the presidential summary protocols collected by its observers on the PECs on Election Day. The following charts display the information on the turnout of voters at polling stations according to percentage:
Turnout % Number of PECs
0-9 12
10-19 26
20-29 42
30-39 198
40-49 756
50-59 1009
60-69 676
70-79 263
80-89 188
90-99 184
100+ 26
n = 3380 Excludes CEC, PEC that counted military PECs and annulled PECs
Based on ISFED findings on Election Day out of total number of the PECs 3380 (excluding the annulled PECs, PECs that counted special military PECs and votes counted by the CEC) on 12 PECs the turnout of voters was 0 to 9%; on 26 PECs the turnout of voters was 10% to 19%; on 42 PECs the turnout of voters was 20% to 29%; on 198 PECs the turnout of voters was 30% to 39%; on 756 PECs the turnout of voters was 40% to 49%; on 1009 PECs the turnout of voters was 50% to 59%; on 676 PECs the turnout of voters was 60% to 69%; on 263 PECs the turnout of voters was 70% to 79%; on 188 PECs the turnout of voters was 80% to 89%; on 184 PECs the turnout of voters was 90% to 99%; on 26 PECs the turnout of voters was over 100%.
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Observation of the Central Electoral Commission - CEC

According to the amendments incorporated in the Organic Law of Georgia Unified Election Code on December 7, 2007 the article 1297 prescribed the voters registration on Election Day through the additional lists16. The article gives the possibility to the precinct electoral commission to decide by the 2/3 of votes either to count the ballots of additional lists or to send them to the CEC. Likewise the CEC could decide with the 2/3 of votes either to count the ballots or not to. On January 7, 2008 the CEC decided to count approximately 34 000 ballots of additional lists that were received from 928 PECs throughout the country. The CEC adopted a provision according to which envisaged the counting of the ballots with the help of the CEC staff members and finalizing the results with the ad hoc summary protocol. From January 7 till January 11 the CEC members together with the CEC staff counted ballots from additional lists. 3 ISFED observers monitored the process of counting. The monitoring results show that the process of counting at the CEC went in a chaotic unorganized manner. The counting was carried out on 5 different tables simultaneously, this complicated possibility for conducting full scale monitoring. In addition, the following irregularities were observed during the counting: No special counting instructions were approved in order to facilitate the process of counting at the CEC; Some ballots papers had no lists with the signatures attached as prescribed by the UEC art. 1297; Some ballot papers and lists had no copies of the ID cards attached as according the UEC art. 1297; For one and the same problem different decisions were applied by the different tables;
The CEC decision of January 10, 2008 annulled some ballot papers where it was impossible to determine the will and desire of the voter; all other ballots were counted as valid. On January 11, the CEC officially adopted the summary protocol for additional lists. According to the Central Election Commissions final figures of the extraordinary presidential elections of January 5, 2008: Total number of voters - 3 527 964
16
On November 22, 2007, ISFED issued a statement calling upon the Parliament of Georgia not to approve the amendments to Election Code on additional lists. Accoding to ISFED, additional lists contradicts with international electoral standards, which acknowledge superiority of creating accurate voters lists prior the Election Day; Contradicts with the recommendations of international organizations; increases the probability of double voting.
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Number of voters who participated in the elections - 1 982 318 Ballots annulled - 33 129 N1 Levan Gachechiladze (United Opposition): 509 234 votes (25.69 %) N2 Arkadi (Badri) Patarkatsishvili (Independent Candidate): 140 826 votes (7, 10%) N3 Davit Gamkrelidze (New Rights): 79 747 votes (4, 02%) N4 Shalva Natelashvili (Labor Party): 128 589 votes (6, 49%) N5 Mikheil Saakashvili (United National Movement): 1 060 042 votes (53, 47%) N6 Gia Maisashvili (Independent Candidate): 15 249 votes (0, 77%) N7 Irina Sarishvili-Chanturia (Independent Candidate): 3 242 votes (0, 16%)
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Plebiscites results
72,5% of Georgian voters supported Georgias integration into the North Atlantic Treaty Organization; 69,8% of voters voted for holding the parliamentary elections in Spring 2008. ISFED calculated the percentages of votes received by each presidential candidate counted at the Central Election Commission. The distribution of percentages is given below:
Election Day Registration Votes Counted by the CEC
Candidate Levan Gachechiladze Arkadi Patarkatsishvili David Gamkrelidze Shalva Natelashvili Mikheil Saakashvili Giorgi Maisashvili Irina Sarishvili - Chanturia
Valid Votes 8500 2274 1414 1825 20403 340 92
% of Valid and Invalid votes 23.8% 6.4% 4.0% 5.1% 57.0% 1.0% 0.3%
Valid votes Invalid votes Total valid and invalid votes
34848 924 35772
Complaints and Appeals

In total the International Society for Fair Elections and Democracy (ISFED) lodged 179 appeals/complaints17, out of this number 19 were not admitted by Precinct Election Commissions
17
A domestic observer exercises the right to lodge an appeal or complaint on issues concerning voting procedures to a Precinct Election Commission (PEC) chairperson based on which (s)he may demand appropriate action. An observer has the right to lodge an appeal or complaint on the action of a PEC and/or inappropriate reaction upon it to the superior commission or the court. An application or complaint on observed violations against voting procedures
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(PECs) (Due to time constraints these appeals were not lodged to District Election Commissions (DECs)). 160 appeals were drafted and thus registered by PECs. Among them 41 appeals were appropriately reacted upon in ISFEDs opinion after lodging the appeals. DECs considered only 12 appeals out of the rest of 119 complaints; however DECs did not decide in favour of the aforementioned 12 appeals. ISFED lodged four appeals on invalidation the election results of four precincts of four electoral districts to the Central Election Commission (CEC). Precisely appeals were filed on invalidation the results of: #1 precinct of Saburtalo #3 electoral district; #1 precinct of Telavi #17 electoral district; #32 precinct of Mestia #47 electoral district; and #22 precinct of Tsalka # 25 electoral district
According to the CEC decision, the results of the aforementioned four precincts were invalidated. DECs did not consider the rest of 103 appeals. ISFED applied to the court with four additional appeals to invalidate the election results of 20 precincts, namely to annul the results of: #11, #30, #49, #55, #57, #71, #72 and #73 precincts of Batumi # 79 electoral district; #5, #7, #18, #20, #22, #25, #37, #38 and #53 precincts of Khelvachauri #83 electoral district. The appeals lodged to Batumi and Khelvachauri Courts concerned incompliance between the summary protocols of the abovementioned 17 precincts and the summary protocols collected by ISFED. The Courts ruled against ISFED on this issue naming unjustified motive of the appeals; #2 precinct of Tsalenjikha #68 electoral district. Acceptance and delivery protocol for each type of ballot papers missed one bundle of it at the aforementioned precinct. The Court did not decide for the applicant naming unjustified motive of the appeals; #7 and #8 precincts of Senaki #64 electoral district as well as the results of the summary protocol of Senaki electoral district. The appeal lodged to the Court concerned mixing up the ballot papers of general, special and additional voters lists and thus violation of the votes counting procedure. The Court decided against ISFED on the relevant issue and stated that this violation did not ground the necessity of invalidating election results of the precinct.
and consolidation of results may be appealed before the confirmation/affirmation of summary protocols of voting and election results. The aforementioned application/complaint shall be registered at a PEC and shall be delivered to a DEC prior to 6 p.m. the following day.
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Out of 156 appeals, ISFEDs 15 appeals were lodged on the procedures for counting of votes and summarization, and 141 appeals on polling procedures. ISFED expresses its concern that majority of issues addressed by ISFED appeals and complaints were not considered (the majority was turned down on the grounds of technical errors in the appeal/complaint forms), and in the end the final election results were announced without addressing the significant concerns and violations which occurred during the elections.
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Conclusion
The results of ISFED election monitoring indicate that the January 5, 2008 extraordinary presidential elections can be considered valid despite some serious irregularities. Georgian voters expressed their will by actively participating in the elections. Substantial violations observed during January 5, 2008 extraordinary presidential elections - gaps in electoral legislation, considerably imperfect electoral system, inadequate rules for electoral campaign, inaccuracy of the unified voters lists, biased approach by the Court while considering the appeals and incompetence of the electoral administration - make it difficult to evaluate these elections as in full compliance with all of democratic standards. Widespread cases of intimidation of independent observers considerably hindered the domestic election monitoring organizations capacity to conduct their impartial monitoring mission- which is harmful pattern for a country in transition. Election administration and the Court at all levels did not follow domestic legislation and international standards while considering the complaints and appeals. Election administration at all levels suffered from lack of neutrality and objectivity. Electoral issues in Georgia still need serious attention and consideration. Significant time and measures need to be invested in order to establish a fully democratic electoral system.
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ISFED Recommendations
Comprehensive amendments should be introduced into the Unified Election Code of Georgia (UEC); Election Day registration should be abolished; The Central Election Commission (CEC) of Georgia should pay more attention to the amelioration of the Voters Lists; The time period for political and civil society to prepare for Election Day should be prescribed by the UEC, and defined as a period of no less than two months (60 days) prior to E-day; The UEC in final form should be published and made available to all interested civic and political actors, at least two months (60 days) in advance of Election Day; The work of the Central Election Commission members should become more constructive in order to administer the entire election process in a most transparent manner; There should be a clear separation between the governing party and government during the entire process of elections; Improvement, enhancement, updating, accuracy, and comprehensiveness of the voters list should be an ongoing effort and part of the mandated responsibility of the CEC and standing DECs. The election administration should be severely limited in the ability to change the character and content of the UEC through the use of normative acts; The UEC should identify the authority of the electoral administration, as well as determine accountability in case of inadequate administration of elections or failure to undertake specific obligations as stipulated by law; Electoral procedures, especially the rules for transparency and issuance of precinct summary protocols, should be improved; The CEC should immediately inform the public about official results of elections throughout Georgia and in accordance with UEC-mandated parameters and terms; A concrete and significant steps should be taken for raising the level of electoral administrations qualification and professionalism; UEC should prescribe the expenditure reports of political subjects to be available on weekly basis; Transparency of electoral funds and budgetary expenses during the electoral period should be ensured; The election administration should carry out comprehensive voter education campaigns in order to raise voters awareness on election related issues; Voter education campaign should focus on educating ethnic minorities; Specific selection criteria should be developed for recruiting members of electoral commissions and the precinct level; Commission members should be selected according to their professionalism through transparent process; Qualifications of judges should be increased on election-related issues.
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Annexes
Annex I
Ten Pre-Conditions for Free and Fair Elections in Georgia 1. The State of Emergency should be lifted without delay; 2. Media freedom should be restored and guaranteed; 3. The right of assembly should be restored and guaranteed; 4. The legislative framework for the elections should be clarified as quickly as possible, while ensuring the greatest possible degree of consensus between election stakeholders and participation of relevant local and international organizations; 5. The elections should be administered at every level in an impartial and professional manner; 6. Administrative resources should not be used to support the campaign of any candidate or any option in the plebiscite; 7. Every effort must be made to maximize the accuracy of the voters lists, including publication of lists for inspection by citizens as soon as possible so that all necessary corrections can be made; 8. Every citizen should be provided with adequate and timely information, including the address of the relevant polling station in order to be able to cast their ballot. Particular attention needs to be paid to the rights of ethnic minorities; 9. All election subjects should ensure transparency of their election expenditures. This should include provision of information for the public as well as the election administration; 10. The protocols of election results should be posted at every polling station as soon as the count has been completed and the CEC should publish results for every PEC within 48 hours of the election. Signed by: Georgian Young Lawyers Association (GYLA) Transparency International - Georgia International Society for Fair Elections and Democracy (ISFED) Date: November 12, 2007
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Annex II
Statement on Additional Voters Lists November 22, 2007 Despite ISFED and Georgian Young Lawyers Association (GYLA) several recommendations, the clause about voters registration on the Election Day still remains in the draft amendments to the Organic Law of Georgia Unified Election Code for the second hearing. In particular, Article 1297, Paragraph 6 of the draft allows voters to register on supplementary lists on the Election Day of 2008 Extraordinary Presidential Elections. Therefore, a voter not included in the unified voters lists will be able to vote in a precinct based on his/her ID card confirming his/her registered residence within the relevant precinct boundaries. International Society for Fair Elections and Democracy addresses the Parliament of Georgia that voters registration on the Election Day: Contradicts with international electoral standards, which acknowledge superiority of creating accurate voters lists prior the Election Day; Contradicts with the recommendations of international organizations; Increases the probability of double voting.
Herewith, on the Election Day, it is impossible to check in how many election precincts a specific person has registered. In particular, voters lists computer system can not ensure checking possible cases of double voting for precincts during the Election Day. Therefore, International Society for Fair Elections and Democracy deems that the above-mentioned legislative amendment creates the danger of the election fraud and unsatisfactory evaluation of elections. Thus, ISFED calls upon the Parliament of Georgia to make an adequate decision in order to administer elections in a fair manner.
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Annex III
ISFED Election Update Third edition International Society for Fair Elections and Democracy continues to monitor the election administration activities in Georgia. ISFED presents monitoring results in its third edition of the "Election Update". On December 1, 2007 ISFED began conducting a large-scale monitoring of the January 5, 2008 presidential elections which includes pre-election, Election Day and post election monitoring. ISFED long-term observers actively monitor pre-election procedures in 75 election districts throughout Georgia. ISFED presents monitoring results as of December 10, 2007.
January 5, 2008 Extraordinary Presidential Elections On November 8, the President of Georgia announced that extraordinary presidential elections would be held and on November 26, he resigned. According to the Article 76 of the Constitution of Georgia and Article 89 of the Unified Election Code, the snap presidential election will take place on January 5, 2008. The Central Election Commission (CEC) Chairman announced that the whole election administration is ready to administer upcoming elections in a transparent and democratic manner. The CEC Chairman has expressed his willingness to have many international organizations and domestic organizations observe the election.
Election Legislation and Procedures According to the amendments to the Organic Law Unified Election Code of Georgia (Article16) approved on November 22, 2007, the maximum number of voters per PEC was decreased from 2000 to 1500 voters. Consequently, some precinct boundaries will be redrawn according to street addresses. It is notable that the CEC has stated it plans to apply the aforementioned rule only to the cities for the January 5 presidential elections. According to the CEC Chairman, the voters lists in the villages will be split according to alphabetical order of last names in order to adhere to the rule. In compliance with the abovementioned legislation amendments, the CEC implemented a number of activities to define new boundaries for the election precincts. ISFED welcomes the fact that the
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boundaries seemed to be prioritized in a way that will hopefully reduce confusion (first in cities, then later in villages). However, the deadline of November 28 was not met for all precincts. According to ISFED long-term observers, the deadline for defining Precinct Election Commission (PEC) borders was not met in the Dusheti, Kareli and Kobuleti districts. Voters lists were not posted by December 7th as prescribed under the law in several precincts of Dusheti, Kaspi, Akhaltsikhe, Rustavi, Gardabani, Aspindza, Akhalqalaqi, Adigeni, Mtatsminda, Vake, Saburtalo Isani, Chugureti, Gldani, Kazbegi, Akhalgori, Kareli, Samtredia and Batumi election districts. Though the deadline for recruitment of PEC members was met in most districts, the following districts missed the deadline: Dmanisi (precinct # 24), Tsalka (majority of precincts), Tetritskaro (precinct #5, #8, #11, #13, #14, #16, #18, #26, #27, #30, #34), Dusheti (majority of precincts), Kazbegi (precinct #1, #10), Kaspi (precinct #30), Shuakhevi (precinct #33, #43), and Akhalkalaki (precinct #5, #7, #39, #40, #55). The first PEC sessions did not take place by the date determined under the law in the election precincts of Tetritskaro (#5, #8, #11, #13, #14, #16, #18, #26, #27, #30, #34), Dusheti (#15, #22, #27, #28, #34, #41, #42, #43, #52), Kazbegi (#10), Kaspi (#30), Shuakhevi (#33, #43), Keda (#4, #8) and Ozurgeti (#36, #56) election districts. The lists of PEC members were not posted by the date prescribed under the law in several precincts of Shuakhevi, Khelvachauri, Kobuleti, Chokhatauri and Lanchkhuti election districts.
Procedural Violations Irregularities were reported at some PEC sessions. In several cases PEC members representing
opposition parties were not informed of the date and time of the session (Sighnaghi, Nadzaladevi). In Lagodekhi (PEC # 5), only 5 members of the PEC attended the session and yet they elected the Chairman, Deputy Chairman and Secretary of the PEC. In Kvareli, the candidate for the PEC Chairman nominated by the oppositional parties was not included at all in the session protocol. A policeman attended the PEC session of PEC 11 in the Vazisubani district which is a violation under the law. According to ISFED long-term observers, on December 8, protocols of several PEC sessions were actually drafted at the District Election Commission (DEC) in Batumi.
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Pre-election Period According to ISFED long-term observers, the following violations were reported in the Tsalka, Akhalgori and Chiatura districts: activists were distributing vouchers to citizens and also were campaigning for one of the presidential candidates. In Kobuleti during the distribution of flour, voters identification cards were taken away and citizens were told that their IDs would be returned after the election. In one of the election districts in Shida Kartli, the Deputy Gamgebeli held an unofficial meeting with public servants and warned participants against cooperating with opposition party representatives. In Kutaisi so-called building representatives were asking citizens whether they would vote for the National Movement candidate or not. In the case of a positive answer, they would write down the citizens ID data; in case of a negative answer, they would write the word no across the surname. The building representatives claimed that they were following instructions of municipalities. Such activities could be interpreted as an intimidation. Similar cases have been reported in Tbilisi in the Saburtalo and Mtatsminda districts, where people have misrepresented themselves as representatives of the CEC. However, the CECs door-to-door campaign ended early in November and the CEC Chairman has publicly stated that no election administration representatives were doing any door-to-door work after mid-November. During the collection of supporters lists, there were reported cases where signatures were given in exchange for what could be interpreted as fraud by the different presidential candidates. In various regions, representatives of local self-government were involved in recruitment process of PEC members. The Head of New Rights Senaki regional office was attacked and the list of supporters were taken away and torn. The Deputy Chairman of one of the PECs in the Ambrolauri district, who is the oppositional party member, was pressured to cooperate with United National Movement (UNM). He was threatened and told that his family business would be closed down if he refused to cooperate. Batumi long-term observers have reported that the Head of National Movements Batumi Regional office simultaneously holds the position of the Sakrebulo Chairman and wields considerable influence over the DECs.
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According to the ISFED long-term observers in Ambrolauri, one of the opposition parties had to leave the office because the landowner had been pressured and he refused to rent the space. There have been cases reported where representatives of the governing party instructed public school directors to ensure the attendance of pupils and teachers at United National Movement (UNM) meetings. The UNM representatives have reportedly kept track of which schools have followed their instructions. It was observed that teachers had also been pressured in the Khobi and Batumi regions where they were required to collect lists of supporters for one of the presidential candidates. Special attention should be paid to that fact that much misinformation regarding the secrecy of the ballot is being spread. More specifically, there are misleading reports stating that the voting process will not be secret and that video cameras will be pointed at the voting booths within PECs in order to record the choice of voters.
Registration of Presidential Candidate and Determination of Numeration On December 6, 2007 the CEC registered the presidential candidate of United National Movement Mikheil Saakashvili. The CEC registered additionally 4 candidates on December 7: Shalva Natelashvili- Labor Party of Georgia; Levan Gachechiladze- Unified Opposition; Davit Gamkrelidze- The New Rights; George Maisashvili- Initiative Group.
On December 9, 2007, the following presidential candidates of initiative groups were registered at the CEC- Irina Sarishvili-Chanturia and Arkadi (Badri) Patarkatsishvili. On December 9, 2007 due to the inaccuracies revealed in lists of supporters, the following presidential candidates were declined registration: Shalva Kuprashvili, George Shervashidze, Kartlos Garibashvili, Avtandil Margiani and Archil Ioseliani. On December 11, 2007 according to the CEC resolution, the candidates will run in the elections with the following numbers: N1 Levan Gachechiladze- Unified Opposition N2 Arkadi Patarkatsishvili- Initiative Group N3 Davit Gamkrelidze- The New Rights
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N4 Shalva Natelashvili- Labor Party of Georgia N5 Mikheil Saakashvili- United National Movement N6 George Maisashvili- Initiative Group N7 Irina Sarishvili-Chanturia- Initiative Group
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Annex IV
ISFED Election Update Fourth Edition December 10 - 16, 2007 International Society for Fair Elections and Democracy (ISFED) continues to monitor the election administration activities concerning the January 5, 2008 Presidential Elections in Georgia. ISFED presents monitoring results in this fourth edition of the Election Update. Election Legislation and Procedures On the legislation established date, changes in voters lists were included (until December 13) in the following election districts: Gurjaani, Dedoplistskharo, Kvareli, Akhmeta, Oni, Lentekhi, Baghdati, Terjola, Vani, Khoni, Chiatura, Tskhaltubo, Kutaisi, Khobi, Zugdidi, Chkhorotskhu, Poti, Kobuleti, Mtatsminda, Vake, Saburtalo, Krtsanisi, Samgori, Dmanisi, Tetritskharo, Akhalgori, Borjomi election districts. Part of the changes made were adding new votes as well as removing deceased citizens from lists. For example, in village Machkhaani 10 records were corrected. In Chiatura, 74 deceased persons were removed from the voters lists and in Baghdati, 105 deceased persons were taken out from the list. However, in # 28 election precinct of Sighnaghi, 145 voters were included in the list mistakenly, while in Vani, 155 voters were not included in the voters lists at all. Special lists were created in the following districts: Sagarejo, Lagodekhi, Oni, Khelvachauri, Mtatsminda, Chughureti, Gardabani, Dmanisi, Kazbegi, Khashuri. Border police were mainly the ones included in special lists. In various election districts, election administration (PEC) members were included in the special lists. In Gldani, the information for 29 voters from psychiatric hospital were brought to be included in special list, but it is still under discussion as to whether they will be included in the list or not. December 15 was the deadline for publishing the total number of voters for each district, and this was successfully done in the election districts of Kakheti. The total number of voters was not published in several precincts of Mtatsminda, Saburtalo, Samgori and Tianeti. The following districts have had the largest percent increase in the total number of registered voters since 200618: Kaspi (18.7%), Marneuli (17.5%), Martvili (16.2%), Lagodekhi (13.8%). The final number of voters still is not determined in many
18
Percent increase is based on total number of registered voters per district as reported by the Central Electoral Commission.
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districts, because changes are still being incorporated into the voters lists. Changes are still underway in Oni, Tsageri, Baghdati, Samtredia, Khoni, Tskhaltubo, Batumi, Shuakhevi, Poti and Chokhatauri. Pre-election Period According to ISFED long-term observers, the following presidential candidates are most active in the regions: Levan Gachechiladze, David Gamkrelidze, Shalva Natelashvili, and Mikheil Saakashvili. On December 16, presidential candidates Shalva Natelashvili and Levan Gachechiladze held meeting with Dedoplistskaro citizens. The candidates had requested to use the Culture House for their meeting, which can hold about 500 to 600 people. Their request was refused and they were told it was under construction. However, it is well known that just the lobby is undergoing some repairs and the meeting could have been held in the hall. As a result, the candidates had their meeting in the music school, which can only hold approximately 60 to 70 people. Opposition parties in Ambrolauri have encountered difficulties in finding offices to rent. In Abasha, the head of Levan Gachechiladze headquarter states that their party has had difficulties in finding places to rent. This is reportedly due to the fact that property owners are concerned that if they rent to the United Opposition, there will be repercussions. On December 12 in the villages of Mleta, Kvesheti and Bazaleti in the Dusheti district, teachers and school directors took students (grades 7 11) out of school and had them attend the meeting with the presidential candidate Mikheil Saakashvili. State medical institutions were closed as well, and employees were taken to the meeting. In Velistsikhe during the school day, school children were taken by their teachers and school director to a UNM youth party meeting in Telavi. It is not advisable for school directors to interrupt students education so that they attend campaign meetings during school hours because such actions could be interpreted as an abuse of administrative resources. Election Administration In Dusheti, the sessions of PEC #2, #4, #5, #11, #18, #46, #48, #49, and #52where opposition party members were selected as chairman or deputy chairmanwere all annulled. The official reason given for annulling the sessions was due to inaccuracy. Repeat voting then took place and either a National Movement Representative or PEC member appointed by the DEC was selected as chairman and deputy chairman. During the monitoring period, there existed several problems in checking voters in the voters list. In Zugdidi, a representative of the Freedom party was not allowed to take down information about internally displaced persons on the voters list. In Senaki PEC #9, the PEC member appointed by the Freedom Party was not allowed to check whether the final results of the Door-to-Door campaign
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were incorporated into the voters list. In PEC # 12 of Senaki, the PEC member appointed by the Freedom Party was not allowed in the building and was therefore barred from attending the PEC session Pressure on Voters According to ISFED long-term observers, coordinators and activists of National Movement are instructed to collect information on who supports the presidential candidate of the mentioned party. If the voter expresses a negative attitude toward their candidate, the activists are instructed to collect information about the jobs and businesses of the voters family members. In several instances, governmental vouchers were distributed by National Movement Party representatives instead of government officials. In addition, cases were observed where the vouchers were given only to the citizens that stated their support for the National Movements candidate. In Nadzaladevi, a voter expressed that he/she is not a supporter of the National Movement candidate and then this voter was denied the gas voucher. A similar case was reported in Senaki, where National Movement representatives asked citizens who they planned to vote for and if they answered National Movement then they were given flour. In Khulo, public employees are told they are required to vote for National Movement candidate on the Election Day. They are urged to sign support forms. If they refuse, then they are threatened by being told that they will be dismissed from their jobs. The ISFED coordinator in Khulo was also visited by the UNM representative and asked to sign a support form. Badri Patarkatsishvili Party representatives visited voters in Khulo and suggested money in return for their votes. The exact amount of money offered is unclear since the voter rejected the offer. In Kobuleti, a DEC member told the ISFED long-term coordinator that she/he would stuff as many ballots in the box of PEC #10 as she/he wished. A special session was held in the Kobuleti election district concerning this fact, where the DEC member confirmed her/his announcement. She/he was given a warning and instructed to stop making such statements.2 In Lagodekhi, the head of regional security service called the ISFED long-term observer and asked several questions concerning his work and salary. It is unclear why a security service head would be interested in the details of election observers work and salary. intimidation of the observers work. Because the questions asked addressed many issues other than security, the questioning could be interpreted as interference and/or
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In Chiatura, the Municipality Gamgeoba representatives took ID cards from citizens in order to distribute vouchers and flour and as of the end of this reporting period, the ID cards have not yet been returned.
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Annex V
ISFED Election Update Fifth Edition December 17-23, 2007 International Society for Fair Elections and Democracy (ISFED) continues to monitor the election administration activities concerning the January 5, 2008 Presidential Elections in Georgia. ISFED presents the monitoring results as of December 23 in this fourth edition of the Election Update. Election Administration According to the Central Election Commission (CEC) resolution (#37/2007) adopted on December 17, 2007, for the high mountainous precincts which are not easily accessible, the elections may be held earlier than it is appointed any day from December 28, 2007 till January 5, 2008. These election precincts are: 1. Dusheti Election District 28: #16, #17, #34, #41, #42 election precincts; 2. Akhmeta Election District 18: #14 election precincts; 3. Kazbegi Election District 29: #4, #8, #9, #10 election precincts; 4. Lentekhi Election district 46: #16 election precincts; 5. Mestia Election District 47: #11, #12, #13, #27, #28, #30, #34, #35, #39, #40 election precincts. However, the number of high mountainous precincts where elections may be held earlier might increase. Each relevant election district should give the CEC the list of precincts that are difficult to access, where elections could be held earlier. On December 20, the CEC Chairman visited #4 Precinct Election Commission (PEC) of the Chugureti District, where the simulation of the voting procedures for the two types of voters took place. First, for the voters who are on the unified voters list and second, for the voters who will vote through the additional lists on the Election Day. At the same PEC video cameras were presented to the public. The cameras will be installed at PECs in ten cities (Akhalkalaki, Batumi, Bolnisi, Gori, Kutaisi, Marneuli, Poti, Rustavi, Tbilisi, and Zugdidi) to ensure the transparency of election processes. The CEC Chairman stated that the secrecy of vote for each voter will be guaranteed on Election Day. On December 21, 2007 the CEC started printing election ballots. Five printing houses are in charge of printing election ballot papers. ISFED sent observers to monitor the process in all five of the printing
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houses. It is notable, that on December 22 at 13:20, ISFEDs accredited observer Kakha Chachua was not allowed to enter in the printing house Polygraph because of chief persons absence. As a result, ISFED contacted the CEC and the CEC then helped ensure that the ISFED observer could continue to monitor the printing process of ballot papers. On December 22 according to the CEC resolution #36/2007, election precincts were opened abroad for ensuring the electoral right for Georgian citizens serving in Kosovo and Iraq. Precincts were open in: 1. Iraq, City Baghdad, Green Zone, Base Union 1848 voters; 2. Iraq, Province Vasity, City Alkuti, Base Delta 233 voters; and 3. Kosovo peace region, City Priznanni, Military Base Airfield 318 voters. According to the monitoring results of ISFED long-term observers, many political parties made changes to their representatives at the PECs, and did so before the deadline set under the legislation (December 20, 16 days before elections) of Unified Election Code of Georgia, Article 21, Subarticle 5. Most changes occurred among the representatives of opposition political parties. Herewith, it is unknown for ISFED, what were the specific causes of the large scale changes. According to the Article 16, Subarticle 3 of Unified Election Code of Georgia and CEC resolution # 110/2007, in some of the election districts new precincts were created. Creation of such election precincts is prescribed under the law if there are more than 50 voter in a military unit, hospital, or other stationary institute. Such election precincts were created in the following districts: Mtatsminda (#1, #34), Vake (#71), Saburtalo (#83, #84, #85, #86), Krtsanisi (#40, #41, #42, #43, #44, #45, #46, #47, #48), Isani (#77, #78, #160), Samgori (#114, #115, #116, #117, #118), Chughureti (#41, #43, #44), Didube (#56, #57), Gldani (#108, #109), Tianeti (#20), Rustavi (#71), Gardabani (#65, #66, #67, #68, #69), Mtskheta (#31, #33), Gori (#24, #87, #88, #89, #90), Khashuri (#47), Akhaltsikhe (#32, #33,#34), Akhalkalaki (#66, #67),Ninotsminda (#35, #36), Liakhvi (#21, #22, #23), Baghdati (#25), Tskhaltubo (#63), Kutaisi (#121, #122, #123, #124), Senaki (#44,#45,#46), Zugdidi (#105), Khelvachauri (#50, #58, #59). Numbers and contact information (address, phone numbers) of newly created election precincts were not published according to the December 23rd deadline prescribed by the law (Article 16, Subarticle 7 of Unified Election Code of Georgia) in Isani, Samgori, Gldani, Tianeti, Mtskheta, Khashuri and Tskhaltubo election districts.
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Voter Registration Article 10, Subarticle 11 of Unified Election Code of Georgia allows members of the military to vote according to place of registration. On the established date of December 22 (14 days before elections), military member submitted their information for inclusion in the voters lists in the following election precincts: #16, #20 election precincts of Sighnaghi, #3, #4, #8, #16 election precincts of Lagodekhi, and #34, #41, #42 election precincts of Dusheti election district. During monitoring period, ISFED did not observe any cases of a voter appealing a precincts refusal of entering him/her on the voters list to the court. However, in election precinct #5 of Kutaisi, a voter made an appeal to the court after the deadline prescribed by law (December 13) to be included in the voters list. The court ruled in favor of inclusion and the voter information is to be added to the list. Campaign environment The ISFED long-term observer of the Khulo district encountered problems while trying rent an office. The landlord, who works in private sector, refused to rent the space to ISFED. According to the landlord, he had received a specific warning from local self government representatives to not rent the office space to the ISFED coordinator. The landlord was told that if he did rent the space to ISFED, then he would have problems and lose his job. According to ISFED long-term observer, opposition political parties had similar problems in Khulo. More precisely, a landlord abruptly canceled the leases of an office without reason and made the party vacate. The landlords have requested that their names and other directly identifiable information not be cited and ISFED is respecting this wish. In Sighnaghi, the Sakrebulo Chairman abolished a previous order regarding which public buildings could be used for campaigning purposes and the number of buildings was reduced from eleven to four. The presidential candidates were not told until the day before their event that the building they had selected was no longer on the list. Unfortunately, because of the building change, they could not carry out their planned activities. According to ISFED long-term observer in Batumi, National Movement activists distributed food products to the voters that would show their ID card and allow the activists to take down the information. If a voter refused, the activists would not give out the products. The activists told voters that they needed the ID cards information to gather signatures for registration of presidential candidate. Representative of the National Movement headquarter declared that they do care about their voters to be in the list. However, ISFED finds this explanation confusing, because the deadline for candidate and voter registration has already passed.
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According to the ISFED long-term observer in Kvareli, voters who attended the meeting of an opposite party candidate had problems. More specifically, public sector employees were threatened directly and/or indirectly by their bosses and told they would be dismissed from jobs if they attend any such meetings in the future.
Important Dates and Procedures for the upcoming Week Below are important dates and procedures that must be implemented by the Election Administration of Georgia during the following week (24-29 December): December 24, 2007 Deadline for amending the voters list, except for the following special cases: recent travel back into the country, released from hospital, or released from detention (12 days before Election Day). December 25, 2007 December 26, 2007 A financial monitoring group is to be created based on a CEC resolution. Deadline for receipt of the voters list for the PECs (10 days before Election Day). The PECs shall then post the voters lists immediately upon receipt in a conspicuous place in the polling station. December 29, 2007 Deadline for international organizations to apply for registration to the CEC. The CEC will decide on the registration within 2 days of receipt of application.
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Annex VI
Recommendations on the Work of the Central Election Commission from Georgian Nongovernmental Organizations The Central Election Commission (CEC) plays a crucial role in ensuring that the elections are conducted fairly and in building public confidence in them. Therefore, the undersigned organizations recommend following: 1. All members of the election administration should have equal status and equal access to information and decision-making; 2. Political party appointees to the election administration should demonstrate their ability to be guided by the law and put public interests ahead of party interests; 3. Non-partisan appointees of the CEC need to be seen to act impartially; 4. The CEC should not be used as a platform for party political statements that detract from the work of the election administration; 5. All members of the CEC should participate in the work of the CEC constructively and compromise as necessary. The undersigned organizations believe that if these points are followed throughout the election process, then the tabulation and announcement of the results of the elections should not be caught up in unnecessary controversy. 20 December, 2007 Georgian Young Lawyers Association (GYLA) International Society for Fair Elections and Democracy (ISFED) Transparency International Georgia (TI Georgia) New Generation New Initiative (nGnI)
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Annex VII
Statement on Unified Voters Lists Tbilisi, January 2, 2008 In October-November, 2007 the election administration of Georgia conducted the door-to-door campaign to verify voters lists in 75 election districts throughout the country. International Society for Fair Elections and Democracys (ISFED) monitored the implementation of abovementioned process. Below is presented the monitoring results. Special Groups Recruitment Process On 11 September 2007, the Central Election Commission (CEC) adopted a resolution to create special groups in order to verify and improve the voters list. The special groups were designed to check the voters data through a door-to-door campaign throughout Georgia. According to ISFED monitoring results, some special groups did not have the desired number of members. According to the CEC decision, each group was supposed to have a minimum of five members and a maximum of nine members. The members of the special groups were selected by the DEC as well as appointed by political parties. The three political parties that had the best results in the last parliamentary elections had the right to appoint two representatives each (National Movement Democrats, Industry will Save Georgia and Labor Party of Georgia). However, Industry will Save Georgia and Labor Party of Georgia did not produce the sufficient number of representatives. As a result, not all special groups were composed of nine members. From September 17 to September 24, each District Election Commission (DEC) received applications for the membership of special groups. Following the submission of applications, DECs were in charge of conducting the selection process of the special group members. By September 29, the election administration had already completed the recruitment process. As a result, 3000 special groups were created throughout the whole country. Special Groups Trainings According to the CEC project, the training schedule for the election administration was as follows: CEC members conducted trainings on the methodology of the door-to-door campaign to the DEC Chairmen; the DEC Chairmen trained the Chairmen of the special groups and those special group Chairmen were
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supposed to train in turn the rest of the special group members. At the same time, the CEC together with the Civil Register Agency drafted the protocols designed for the deceased voters and other special forms and instructions. Special group members were supposed to use such documents as guidelines while carrying out the door-to-door campaign. However, the instructions prepared by the CEC did not cover all of the important obstacles/details that special groups encountered later during the implementation process. Unfortunately, not every special group Chairman was trained. Thus, they were not comprehensively informed on the methodology of the door-to-door canvassing of voters list. Such Chairmen could not properly train other special group members on the door-to-door campaign. In most of the cases, the training was composed of only distributed instructions and other necessary documentations to the special group members. In the light of the abovementioned, important details were unfortunately lost while delivering information to the lower level. Improper trainings had the negative impact on the quality of verifying the voters data through the door-to-door campaign. Logistics ISFED observed problems related to logistics while the election administration was carrying out the door-to-door campaign. Special group members were not provided with all of the materials necessary for effective implementation of the project. More specifically, in some cases the special instructions drafted by the CEC that described the verification process of voters lists were not delivered to all special group members. Additionally, special groups were not provided with the sufficient number of copies of the voters lists of the relevant precincts. Each group was given only two copies of the list. It should be mentioned that special group members were split into mini-groups to the check the voters data. Since each mini-group did not have the list of voters, they could not then make the corrections and additions directly onto the voters list. The mini-groups had to make notes on the separate pieces of paper and later, based on that feedback, the data were corrected in the voters list of the precinct. Multiple entrances of data may have caused additional inaccuracies. Another obstacle that interrupted the effective conduct of the door-to-door campaign was the split of the voters list according to the alphabetical order among the special group members. So each member of the group had only a piece of the whole list. This means that while the special group member visited a household with family members of different last names, the special group member was not able to check all of them since s/he did not have the entire list. Monitoring Results of Special Groups Activities According to the monitoring results, in some cases special group members did not follow the given instructions. They did not compare the voters data to the data of ID cards. Such cases were observed,
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f.i. in Ozurgeti, Khelvachauri, Chughureti, Shuakhevi, Gori, Mtatsminda, Kareli, Tetritskaro and other districts. Also, several groups checked the citizens data based on expired ID cards. In other cases, special group members did not correctly fill in the special protocols designed for deceased voters. Further, sometimes they did not even know how to properly fill in the form at all. It should be mentioned that special group members did not follow the timeline originally envisioned by the CEC. Despite the CECs request to cease the door-to-door campaign on October 11, 2007 and then renew it on October 19, some special groups did not stop the verification process. Thus, instead of ending on November 5, 2007 as planned, the groups that did not pause for the eight days ended their door-to-door campaign early, on October 23. Special groups did not obey the CECs timing instructions f.i. in Gardabani, Adigeni, Khelvachauri, Oni, Sachkhere, Zestaponi, Khoni, Tskhaltubo, Kutaisi, Senaki, Martvili, Zugdidi and other districts. Because the special groups in those districts did not adhere to the timeline, ISFED long-term observers could not effectively monitoring the verification process in those districts. The special groups verified the data of those voters who were registered in the specific election precinct and who lived within the boundaries of the same precinct. Unfortunately, this means that the data for voters whose place of registration differs from the place of actual residence was not checked. It is widely believed that the number of such voters is significantly high and could be due to internal migration. Additionally, based on the CEC instructions, it was not clear what the special group member was supposed to do if the voter was not at home while visiting the household.
Processing and Entering the Voters Data checked through the Door-to-door Campaign into the Database ISFED observed as the data was processed and entered at the CEC. According to the monitoring results, the CEC IT Network and Support Office hired 42 operators to enter the verified voters lists into the software. The operators worked on the daily basis in three shifts: 9:00 13:30; 14:00 18:00; and 18:00 22:00. During processing and entering the voters list into the software, deceased voters and duplicated data were removed from the lists, omitted voters were added and the boundaries of the precincts were drawn according to the villages. The DEC Chairmen were present at the CEC for 3-4 days to observe the whole process of entering and updating voters data in the lists and whenever necessary, to help the operators eliminate inaccuracies. On 5 December 2007, the process of entering the voters data into the database was supposed to have been completed. According to the CEC, two thirds of the total number of voters was checked during the door-to-door campaign. While processing the voters data, 28 123 deceased voters were taken off
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the lists throughout the country which composes 0.83 % of the total number of voters; 65 491 voters were added to the list 1.94 % of the total number of voters. As of 29 December 2007, there are 3 372 179 voters in total throughout Georgia according to the CEC. The ISFED long-term observers checked the data of potential deceased voters in several district election commissions. On 22 December 2007, ISFED submitted the list of deceased voters who should not still be on the voters list to the CEC. There were 50 deceased voters found in the list of PEC #2 in Kareli DEC # 33; 33 cases in PECs #1 and #2 in Oni DEC #43; 19 cases in PECs #19 and #68 in Zugdidi DEC #67. As of December 31, 2007 the CEC has not yet notified ISFED on the follow up, if any regarding the submitted list of deceased voters. ISFED conducted a quantitative comparison of the voters list of the 2006 local self-government elections to the current voters list for the upcoming presidential elections at the district level. The number of voters overall has increased by just over 5 %. It should be mentioned that the number of voters per DEC has significantly increased in several districts, such as Krtsanisi (19.7 %), Kaspi (18.7 %), Marneuli (17,5), Martvili (16.2%), Saburtalo (14.0 %), Lagodekhi (13.8 %) and Ozurgeti (10.9 %). However, it should be noted that the number of voters in Krtsanisi was significantly increased as the boundaries of Tbilisi were re-drawn last year and a number of villages were included as part of the city. Those additional villages are now included in the Krtsanisi district. On the other hand, the number of voters decreased in several districts, such as Mtskheta (-22.7 %), Gardabani (-8.1%), Zemo Apkhazeti (-6.5%), Lentekhi (-2.5%), and Senaki (-2.2%). On December 7, 2007 the voters lists were posted at most of the PECs. ISFED checked whether the findings of the door-to-door campaign were reflected in those lists. Unfortunately, inaccuracies tackled by special groups during the door-to-door campaign were still found in the voters lists published on December 7, 2007. ISFED welcomes the initiative of the CEC to verify voters data through the door-to-door checking of voters. However, in order to be most effective, it is desirable to specify all details of the methodology of the door-to-door campaign and its implementation during the preparation period. ISFED continues to monitor the procedures regarding voters list and will consequently publicize the monitoring results.
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Annex VIII
Preliminary Statement on the January 5, 2008 Extraordinary Presidential Elections and Plebiscite Tbilisi, January 6, 2008 - International Society for Fair Elections and Democracy (ISFED) observed the entire process of Election Day including the voting, counting of votes and summarizing the polling results in almost all election precincts of 75 District Election Commissions of Georgia. ISFED conducted the monitoring via deploying approximately 3400 impartial and non-partisan observers. Experienced observers of ISFED also carried out the Parallel Vote Tabulation (PVT) of the January 5, 2008 extraordinary presidential elections. This is already the fifth time that the organization has successfully conducted the PVT. ISFED is grateful to all members of its observation mission for their contribution which enabled the organization to make its preliminary statement on the Election Day and the results of PVT. The Results of Parallel Vote Tabulation (PVT) PVT results are calculated based on used ballots. ISFED determined the representative sample of the PVT with 95% confidence level. The results of the PVT conducted in 394 Precinct Election Commissions are as follows:
Invalidated Ballots: 2.3% The margin of error is +/- 2.2%, with 95% confidence level
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Accordingly, it is crucial the election administration to summarize the final results of the election accurately and follow up on each complaint in a proper manner. ISFED also calls upon each party to express the maximum extent of responsibility towards the final stage of the election process summarizing of the results.
Parallel Turnout Tabulation On the Election day ISFED also conducted the parallel turnout tabulation of those voters who participated in the elections. The results of the abovementioned activity are as follows:
Violations Observed on the Election Day ISFED states, that the January 5, 2008 elections were conducted in a proper manner which first of all is the result of dedication of Georgian electorate to express their will and get involved in the governance of the country. The observers also contributed to the integrity of the elections. However, several serious violations should be mentioned, where the proper follow-up actions are necessary not only for ensuring the high level of legitimacy of January 5 elections, but also to limit similar violations in the future. The special attention should be drawn to the following serious violations: attempts or cases of ballot stuffing (such cases were observed at 10 Precinct Election Commissions), intimidation of observers (such cases were observed at 10 polling stations), voting without ID cards and multiple voting (observed at 7 polling stations), taking away of a ballot box as well as cases of pressure by Precinct Election Commission (PEC) members or policemen.
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Besides the abovementioned violations, technical problems were revealed during the extraordinary presidential elections. Specifically, in number of cases the PEC members were not prepared for the elections; UV lamps for checking inking were broken at several PECs; voters were not properly inked in number of polling stations. Some PECs were not provided with the sufficient number of the envelopes of different size and color; there were cases of filling in the protocols with pencils due to the fear of the so called misbalances were observed and these protocols were signed and stamped by the PEC members. The inadequacies of the voters list became more apparent on the Election Day. Duplications and deceased voters as well as under-age citizens were observed in the regular list. ISFED continues the monitoring and calls upon the election administration, candidates and all the stakeholders of election process to contribute to the fair and free conduct of the next stage of the election process as the finalization of election results, reviewing of complaints and implementing of the follow-up steps are crucial elements of the election administration. The comprehensive evaluation of the January 5, 2008 elections will be available only after the in-depth analyses of the pre-election period, Election Day and the post-election procedures.
January 6, 2008
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Annex IX
Joint Statement of Three Domestic Observer Organizations 14 January 2008 On 7 January 2008 domestic observer organizations released a joint statement in which they emphasized the importance of post polling day procedures, such as consideration of election related appeals and final summarization of election results (including counting of votes cast through additional voter lists). They called these procedures just as important in the election process as the pre-election period and polling day itself. Accordingly, the four organizations called on the Central Election Commission (CEC) to administer these procedures transparently and in full compliance with the legal requirements. Nevertheless, the developments after 7 January clearly showed that the CEC fell short in this regard: votes cast through additional lists were counted and summed up chaotically and with legal infringements, appeals were not considered thoroughly (the vast majority were turned town on the grounds of technical errors in the appeal forms), and in the end the final election results were announced without addressing the significant concerns and violations brought up throughout the election process. On 10 January 2008 on Rustavi 2 TV, the CEC chairperson stated that the 5 January election was maximally democratic, maximally transparent, and maximally fair. Georgian observer organizations do not agree with this assessment and once again point out that the final assessment of this election will by influenced by the post polling day developments up to this date and in the coming days. None of the domestic or foreign and international observer missions have said that the 5 January election was conducted in full compliance with democratic and international principles. The evaluations said the following: While the 5 January 2008 extraordinary presidential election in Georgia was in essence consistent with most OSCE and Council of Europe commitments and standards for democratic elections, significant challenges were revealed which need to be addressed urgently (International Election Observation Mission, IEOM of OSCE/ODIHR, European Parliament, Council of Europe, and OSCE Parliamentary Assembly); Key aspects of Georgias January 5 presidential election were in line with democratic principles, but there also were flaws in the process (National Democratic Institute for International Affairs, NDI); Although ENEMO observers registered a number of different infringements on this stage, violations during voting process were not systematic... Given the wide range of problems observed during the counting at polling stations, and considering the visible fraud attempts, ENEMO assesses that the counting process was the most deficient part of Election Day, and might adversely affect the way the results of the election are perceived (European Network of Election Monitoring
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Organizations, ENEMO). These evaluations were made on 6 and 7 January and they referred to the polling day procedures. Final evaluations will be made after the finalization of the results. Georgian Young Lawyers Association, International Society for Fair Elections and Democracy and Transparency International Georgia once again call all state institutions involved in the election process to act responsibly and show their commitment to ensuring the rule of law and respecting the will of Georgian voters. Today the responsibility for safeguarding a stable environment in the country falls first upon the CEC and then upon the judiciary, executive government, and political parties.
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Isfed Electionreport 2008 Eng

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The International Society for Fair Elections and Democracy

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Electoral System and Appointment of Elections

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Amendments to the Unified Election Code of Georgia

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Brief Description of ISFEDs Election-Related General Activities2

I Vote for the First Time

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Voter Information Campaign

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Election Observation Mission

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Observers and PVT trainings

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Data provided by the Central Election Commission

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Statistical Analyses of the Election Day

Opening of the Precinct Election Commissions

53 2593 50 20 478 3194

1.66% 81.18% 1.57% 0.63% 14.97% 100.00%

Posting of Voters Lists, Voting Instructions, Election Ballot Samples

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Received Ballots at PECs

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia

The International Society for Fair Elections and Democracy - ISFED

Distribution of Functions among the PECs Members through Casting a lot

Signing of Control Paper by the First Voter

Yes No Information not available Totally

98.84% 0.85% 0.44% 100.00%

Placement of Control Papers in Stationary and Portable Ballot-Boxes