isfed electionreport 2008 eng

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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.


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The International Society for Fair Elections and Democracy - ISFED

Report on Monitoring January 5, 2008 Extraordinary Presidential Elections of Georgia 1

Table of Contents

Summary 2

About ISFED 3

Legal framework 4

Brief Description of ISFEDs Election-Related General Activities 7

Election Observation Mission 9

Pre-election Period 12

Election Day 15

Voters Lists 18

Statistical Analyses of the Election Day 20

Comparative Analysis of Summary Protocols 32

Voter Turnout 40

Observation of the Central Electoral Commission CEC 41

Plebiscites results 43

Conclusion 46

ISFED Recommendations 47

Annexes 48


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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 inJanuary 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. President

Saakashvili has publicly called on both domestic and international election monitoring organizations, to

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.


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About ISFED

The International Society for Fair Elections and Democracy (ISFED) is a non-governmental, non-

partisan, 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 self-

government 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


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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.


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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 CECappointed 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 sixto five years;

All election precincts opened abroad formed separate electoral district, the CEC would count theresults of the electoral district for abroad;

Article 1297, Paragraph 6 under the transitional provisions of Election Code allowed the voters toregister 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 themilitary 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, whereaddresses 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 tocollect 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:

1The 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 above-

mentioned 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.


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# 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


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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).

2

ISFED had launched and been conducted these activities before the appointment of the 2008 presidential electionsas a part of general activities.


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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 3000special 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).


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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.


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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 andparallel 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.

3Observers 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 tothe 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. Because the questions asked

addressed many issues other than security, the questioning could be interpreted as interference and/or

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


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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 theNational Movement- examples: Naphareuli, Karadjala, Akura, Tsiteltskaro;

Number of PECs did not have the reception-delivery acts for registering the exact number ofelection 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 asprescribed by the Unified Election Code;

In some villages with predominately Azeri monitories ballot papers and other elections materialswere 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 deliveryof summary protocols to ISFED observers- Poti, Lanchkhuti, Ozurgeti, Qeda, Chokhatauri;

ISFED observers faced problems with PECs members refusing to stamp the photo-copies ofsummary protocols;

A considerable number of ISFED observers were deliberately misled by PEC members by receivingexercise 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 therepresentatives of candidate #5 at almost every PECs and DECs;

Problems with permitting observers to monitor all procedures of Elections Day were observed-PECs 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);

4 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 election dayregistration);

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 53 1.66%

From 06:50 to 07:15 2593 81.18%

From 07:15 to 08:00 50 1.57%

Information not available5 20 0.63%

Not coincident with none of the intervals6 478 14.97%

Totally 3194 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 notposted 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.

5The standard forms filled by ISFED observers did not include the information on the issue

6PECs were opened before 5:15 or after 8:00.

7

The voters list was posted up after comment by ISFED observer8 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 reception-

delivery 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.

9 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 withviolation 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 3157 98.84%

No 8 0.85%

Information not available 29 0.44%

Totally 3249 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 #34-

registrars 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. ISFED does not possess

information from 25 PECs.

10 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 maintained-

Kutaisi 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 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

not possess information from 161 PECs.


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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 theenvelopes 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 informationon this


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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 doesnot possess information from 113 PECs.

Staffing of False Ballots

Yes 45 1.41%

No 3098 96.99%

Information not available 51 1.57%

Totally 3249 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 26PECs.

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 2934 91,86%

No 2 0,06%

Information not available 219 6,86%

portable ballot-box was not used12 39 1,27%

Totally 3194 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 theissue


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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 3114 97,5%

No 22 0,69%

Uncompleted 57 1,78%

Totally 3194 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 PVTconducted 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 Amount

Tbilisi 222

Kutaisi 96

Batumi 25

Gurjaani 32

Totally 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 ISFEDobservers 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:

Region Amount

Tbilisi 12

Kutaisi 8

Batumi 1

Gurjaani 9

Totally 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:

Region Amount

Tbilisi 27

Kutaisi 14

Batumi 9

Gurjaani 3

Totally 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:

Region Amount

Tbilisi 98

Kutaisi 59

Batumi 44

Gurjaani 5

Totally 206


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5. ISFED observers were given the copies of voting protocols, where the fields

were empty:

Region Amount

Tbilisi 40

Kutaisi 12

Batumi 14

Gurjaani 1

Totally 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.


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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%);

153442 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 % 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100+

Number of PECs 12 26 42 198 756 1009 676 263 188 184 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 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 atthe 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

16On 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 Valid Votes % of Valid and Invalid votes

Levan Gachechiladze 8500 23.8%

Arkadi Patarkatsishvili 2274 6.4%

David Gamkrelidze 1414 4.0%

Shalva Natelashvili 1825 5.1%

Mikheil Saakashvili 20403 57.0%

Giorgi Maisashvili 340 1.0%

Irina Sarishvili - Chanturia 92 0.3%

Valid votes 34848

Invalid votes 924

Total valid and invalid votes 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

17A domestic observer exercises the right to lodge an appeal or complaint on issues concerning voting proceduresto 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 tothe 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. Theappeals 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 typeof 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 protocolof 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 votingand 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 bythe 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 politicalactors, at least two months (60 days) in advance of Election Day;

The work of the Central Election Commission members should become more constructive in orderto administer the entire election process in a most transparent manner;

There should be a clear separation between the governing party and government during the entireprocess of elections;

Improvement, enhancement, updating, accuracy, and comprehensiveness of the voters list shouldbe 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 andcontent of the UEC through the use of normative acts;

The UEC should identify the authority of the electoral administration, as well as determineaccountability 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 summaryprotocols, should be improved;

The CEC should immediately inform the public about official results of elections throughoutGeorgia and in accordance with UEC-mandated parameters and terms;

A concrete and significant steps should be taken for raising the level of electoral administrationsqualification 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 orderto 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 andparticipation 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 publicationof 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 addressof 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 shouldinclude 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 counthas 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 ListsNovember 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 creatingaccurate 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 UpdateThird 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 h

isfed electionreport 2008 eng

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