ODIHR final report on Georgia’s local elections recommends removing undue restrictions on voter and candidate rights, addressing legal gaps and inconsistencies

The final report on the 21 October and 12 November 2017 local elections in Georgia issued by observers of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) recommends steps to improve the electoral legislation and strengthen guarantees of voter and candidate rights.

The report, released on 23 February 2018, says that while the legal framework is comprehensive and provides an adequate basis for the conduct of local elections in line with democratic principles, restrictions on voter and candidate rights, as well as gaps and inconsistencies, remain. It recommends a thorough and inclusive review of the Election Code well in advance of the next election to address these issues, including aspects related to the holding of second rounds.

Noting that the Central Election Commission generally enjoyed confidence among stakeholders, the report recommends that the authorities reconsider the formula for the composition of election commissions, to ensure more balanced political representation.

The observers pointed out that the State Audit Office (SAO), mandated to oversee campaign finance, worked in a professional manner. However, the absence of deadlines to examine financial reports and publish conclusions before election day reduced the transparency of campaign finance, they said. They recommended, therefore, that the SAO publish campaign finance reports and the conclusions of its findings in a timely manner prior to election day.

The report further recommends ensuring a clear separation between the state and political parties and guaranteeing that public sector employees are not pressured to engage in election campaigns.

The report notes that the Georgian National Communications Commission quantitatively monitored media for compliance with campaign provisions, but did not assess the tone of the coverage. The Commission’s instructions limited contestants’ opportunities to campaign through the media in the second round. To increase transparency, the report recommends that the Commission consider enhancing its media monitoring reports with a qualitative assessment and publishing reports more frequently, including closer to election day.

Additional recommendations include introducing a binding gender quota for candidate lists, extending gender-related financial incentives in majoritarian contests, simplifying the complaints procedures and eliminating undue eligibility restrictions on filing complaints.

For the first round election day, ODIHR observers were joined by a delegation from the Congress of Local and Regional Authorities of the Council of Europe.