Report of Monitoring a Competition for Selection of District Electoral Commission Members

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    Report of monitoring a competition for selection of District Electoral Commission

    members

    One of the key issues that International Society for Fair Elections and Democracy focuses on

    within the framework of the electoral reform is staffing of the electoral management body. To promote public trust towards the electoral management body, the process of staffing should be

    impartial and transparent.

     Non-governmental organizations and political parties have been requesting revision of the EMB

    staffing procedures for many years. We regret that no changes have been made in this regard.

    The latest large-scale competition for selection of District Electoral Commission members hasdemonstrated yet again shortcomings in selection process and confirmed the need to revise

    applicable procedures.

    •  Shortcomings in the process of competition for selection of District Electoral

    Commission members

    In December 2015, the Central Election Administration (CEC) announced a competition for

    selection of District Electoral Commission (DEC) members. By virtue of the Election Code of

    Georgia, there are 13 members in a district electoral commission, including 5 selected by theCEC for the term of five years. Total number of these permanent DEC members is 380. The

    competition was announced because of expiration of the five-year term for 193 members.

    On January 4, 2014, the CEC amended the Regulations for Competition to Select DistrictElectoral Commission Members, allowing NGOs to monitor the process of selection. We

    welcome the amendment because it promotes transparency of the competition.

     Nevertheless, we found significant shortcomings in the competition process. Although by virtue

    of the Regulations, it is the aim of the competition to determine the degree of compatibility of a

    candidate’s professional skillset, qualifications and capacities with requirements for a particular position, under Article 8 of the Regulations, interviews are not mandatory for the selection

     process and the CEC decides about compatibility of each candidate’s qualifications with the

    requirements without meeting the candidate first. In addition, the CEC is authorized to request an

    interview with a candidate.

    In the case in question, the CEC did not request interviews with any of the candidates, on

    grounds that there were too many candidates (total of 771) and too short a time. In light of this, if

    the CEC considered that all candidates who were shortlisted for voting met applicable legal

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    requirements, it is unclear how exactly the CEC members decided who to vote for and which

    candidate to prefer based on application only, without interviews or selection criteria.

    Although the CEC voted during an open meeting and NGOs present at the meeting were able to

    freely monitor the process, the reasons why the CEC members chose to vote for particularcandidates were not clear. It begs the question of how exactly were the CEC members able to

    evaluate professional skills, qualifications and capacities of candidates based on application

    materials only. The most important part of the process – substantiation and fairness of decisions

    made about each individual candidate took place behind closed doors. Competition that followedsuch rules gives rise to suspicions about validity and fairness of decisions. We believe that in

    absence of interviews and criteria for selection of candidates, it was impossible to evaluatecandidates comprehensively, and make substantiated decisions.

    •  Non-partisan members with partisan past

    Study of work experience of electoral commission members appointed by the CEC has revealed

    that a significant part of “non-partisan” independent members of district electoral commissions

    had a party-related election experience. This has called impartiality of the CEC’s decisions inquestion and has caused intense discussions. It has been found that some of the selected members

    were proxies of different political parties in electoral commissions in the past. According to theverified data from the parliamentary elections in 2012, the presidential elections in 2013, local

    self-government elections in 2014 and the by-elections in 2015, out of 182 1 selected commission

    members 672 turned out to have a partisan past (the data has been pulled from the most recent

    and the most important elections).

     Notably, most of the sixty-seven members were appointed as proxies of different parties duringdifferent elections. In addition, in most of the cases, they were appointed by parties who arenow members of the coalition Georgian Dream; in particular, 22 members were appointed as

     proxies for the political union Industry Will Save Georgia, 17  by the Georgian ConservativeParty, 10 by the Georgian Republican Party, 9 by the Georgian Dream – Democratic Georgia, 9 

     by the National Forum, 5 by the Free Democrats, 3 by the European Democrats and Christian-

    Democratic Movement each, and 1 by the United Democratic Movement, the United National

    Movement and the Christian-Democratic People’s Party each.

    As to the intensity of their work as commission members, among 67 members 30 were appointedas party proxies during two elections – e.g. during 2013 and 2014 elections or during 2014 and

    2015 elections; 9  were appointed as party proxies during three elections and 1  during four

    elections. 27  members were nominated by parties for commission membership during one

    election only, including 13 in 2012, 6 in 2014, 6 in 2013 and 2 in 2015.

    • 

    Conclusions and Recommendations

    1 See the list of selected members at: http://www.cesko.ge/ge/mediisatvis-4-ge/pres-relizebi-13-ge/ceskos-

    gancxadeba-saolqo-saarchevno-komisiebis-dakompleqtebis-shesaxeb0402.page 2 We verified the information through the list of electoral commission members published on the CEC website. We

    do not exclude the possibility that number of such individuals is higher. For detailed information, including

    commission member’s name, surname, political party and year of the elections see the enclosed file.

    2

    http://www.cesko.ge/ge/mediisatvis-4-ge/pres-relizebi-13-ge/ceskos-gancxadeba-saolqo-saarchevno-komisiebis-dakompleqtebis-shesaxeb0402.pagehttp://www.cesko.ge/ge/mediisatvis-4-ge/pres-relizebi-13-ge/ceskos-gancxadeba-saolqo-saarchevno-komisiebis-dakompleqtebis-shesaxeb0402.pagehttp://www.cesko.ge/ge/mediisatvis-4-ge/pres-relizebi-13-ge/ceskos-gancxadeba-saolqo-saarchevno-komisiebis-dakompleqtebis-shesaxeb0402.pagehttp://www.cesko.ge/ge/mediisatvis-4-ge/pres-relizebi-13-ge/ceskos-gancxadeba-saolqo-saarchevno-komisiebis-dakompleqtebis-shesaxeb0402.pagehttp://www.cesko.ge/ge/mediisatvis-4-ge/pres-relizebi-13-ge/ceskos-gancxadeba-saolqo-saarchevno-komisiebis-dakompleqtebis-shesaxeb0402.pagehttp://www.cesko.ge/ge/mediisatvis-4-ge/pres-relizebi-13-ge/ceskos-gancxadeba-saolqo-saarchevno-komisiebis-dakompleqtebis-shesaxeb0402.page

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    Based on the Election Code, a district electoral commission member selected by the CEC should

    not be affiliated with a party. It is not known whether those 67 selected individuals are members

    of a party. However, selection of individuals, who served as party proxies in past elections,

    as members of district election commissions calls impartiality and political neutrality ofCEC decisions into question, as illustrated by developments following the competition. This

    has a negative impact on public trust towards the electoral management body as a whole, whichis especially important in light of the upcoming elections. Therefore, CEC members should have

    selected candidates by taking into account their work history in election administration and their

    affiliation with concrete parties, which would have prevented suspicions about politically

    motivated decisions. In addition, the CEC members had means to verify if a candidate served as

    a party proxy in any of the electoral commissions during past elections.

    We believe that reforming the EMB staffing procedure is necessary. ISFED, Georgian Young

    Lawyers’ Association (GYLA) and Transparency International – Georgia have put forward

    recommendations that propose selection of EMB members by profession. 3   Therecommendations also propose reducing the number of electoral commission members and

    introducing the two-level certification system. According to the recommendations, in order to

    ensure political neutrality it should be prohibited to select individuals who have served asmembers or as candidates of a political party over the recent years as electoral commission

    members.

    In light of the complexity of the reform, we believe that it can be implemented gradually, stage

     by stage, while the reform process should commence as soon as possible. In addition, prior to

    full implementation of reform, regulations for selection of electoral commission members should be revised in light of the anticipated need to select DEC members following expiration of term of

    office of some of the current members of the commissions. To improve transparency, fairness

    and substantiation of decisions and promote public trust towards the electoral management body,

    we believe that:

    •  interviews should be a mandatory part of selection process;

    •   best candidates should be shortlisted for interviews, for instance, through testing, as oneof the stages of the elections process;

    •  during interviews candidates should be evaluated based on a pre-determined criteria andscores, to make the evaluation process more transparent and ensure that decisions are

    objective and substantiated;

    •  We recommend that party affiliation of candidates who were shortlisted for interviews be

    checked by requesting information from political parties. Because the verification processrequires considerable amount of effort and finances, verification of shortlisted candidates

    only will reduce the number of candidates to be verified. In addition, to simplify the process it can be required that the information for verification be requested from political

     parties that participated in the most recent two or three elections. Finding that an

    individual is a member of a political party after he or she was appointed to the office,

    3 For complete recommendations, please visit http://www.isfed.ge/main/1007/geo/ 

    3

    http://www.isfed.ge/main/1007/geo/http://www.isfed.ge/main/1007/geo/http://www.isfed.ge/main/1007/geo/http://www.isfed.ge/main/1007/geo/

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    may serve as grounds for terminating his/her powers and instituting administrative

     proceedings;

    •  Individuals who served as party proxies in the most recent (two or three) elections,

    should not be appointed as electoral commission members by profession.

    # District Selected member’s name,surname

    Nominating party Year

    #2 Vake Lika Avalishvili Industry Will Save Georgia 2013, 201

    2 #2 Vake Natia Abelashvili Free Democrats 2013

    3 #2 Vake Tamar Tsertsvadze United National Movement 2013, 2014 #3 Saburtalo Nino Bazadze European Democrats 2012

    5 #4 Krtsanisi Maia Sultanishvili National Forum 2013, 201

    6 #6 Samgori Nato Avazashvili Conservative Party 2013, 201

    7 #6 Samgori Natia Abashvili Conservative Party 2012

    8 #7 Chughureti Tinatin Kalmakhelidze Conservative Party 2013, 201

    9 #7 Chughureti Naziko Shevardnadze Industry Will Save Georgia 2013, 201

    0 #7 Chughureti Paata Enukidze Christian Democratic Movement 2012

    1 #8 Didube Tamar Chkuaseli Industry Will Save Georgia 2013, 201

    2 #10 Gldani Rusudan Tabarukishvili Industry Will Save Georgia 2012

    3 #11 Sagarejo Nato Lomidze Republican Party 2013, 201

    4 #13 Sighnaghi Manana Mchedlishvili Republican Party 2013, 201

    5 #13 Sighnaghi Leila Tukhashvili Conservative Party 2013, 201

    6 #14 Dedoplistskaro Davit Nasrashvili Industry Will Save Georgia 2013, 201

    7 #14 Dedoplistskaro Givi Natroshvili Republican Party 2013, 201

    8 #17 Telavi Tamar Grdzelishvili Industry Will Save Georgia 2013, 201

    9 #17 Telavi Tatia Komakhidze Free Democrats 2013

    20 #17 Telavi Leila Kveliashvili Christian Democratic Movement 2012

    21 #19 Tianeti Maia Kutsnashvili National ForumConservative Party

    2013

    2014

    22 #21 Gardabani Tamazi Poladashvili Conservative Party 2013

    23 #25 Tsalka Khatia Paraskoevi Industry Will Save Georgia 2013, 201

    24 #32 Gori Tamar Tramakidze Christian Democratic Movement 2012

    25 #33 Kareli Nikoloz Ketiladze Georgian Dream 201426 #33 Kareli Lili Oniashvili Free Democrats 2013, 201

    27 #35 Khashuri Lela Barbakadze Republican Party 2013, 201

    28 #35 Khashuri Nona Khachidze Conservative PartyGeorgian Dream

    2012

    2013, 201

    29 #36 Borjomi Makvala Gvirjishvili Conservative Party 2012

    30 #38 Adigeni Lela Adoshvili Georgian Dream 2013, 201

    31 #39 Aspindza Lela Tamaradze Conservative Party 2013, 201

    32 #45 Tsageri Mamuka Saghinadze Industry Will Save Georgia 2012

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    Georgian Dream

    Republican Party

    2013

    2014

    33 #46 Lentekhi Khatuna Tvildiani Conservative PartyFree Democrats

    2012

    2013, 201

    34 #48 Kharagauli Neli Vepkhvadze Industry Will Save Georgia 2012

    35 #49 Terjola Iza Magrakvelidze Christian Democratic People’s Party 2012

    36 #49 Terjola Elza Bardavelidze Industry Will Save GeorgiaConservative Party

    20122013, 201

    37 #50 Sachkhere Irma Samkharadze Conservative Party 2012, 2013, 2

    38 #51 Zestaponi Lia Bibilashvili Industry Will Save Georgia 2013, 201

    39 #51 Zestaponi Giorgi Kakhniashvili Industry Will Save Georgia 2012

    40 #52 Baghdati Eleonora Lomsianidze Georgian Dream 2013, 201

    41 #52 Baghdati Koba Jikhvadze European DemocratsRepublican Party

    2012

    2013

    42 #53 Vani Gulnara Rokhvadze Georgian Dream 2015

    43 #54 Samtredia Nino Vashakidze Conservative PartyIndustry Will Save Georgia

    2012

    2013, 201

    44 #55 Khoni Sophio Karkashadze National Forum 2014

    45 #55 Khoni Lali Kashia Conservative Party 201246 #58 Tskaltubo Lola Pantskhava Industry Will Save Georgia 2014

    47 #58 Tskaltubo Kristine Kajaia Republican Party 2013, 201

    48 #59 Kutaisi Nana Imnadze Conservative Party 2013, 201

    49 #59 Kutaisi Iza Peradze National Forum 2013, 201

    50 #59 Kutaisi Larina Laliashvili Industry Will Save Georgia 2012

    51 #60 Ozurgeti Teimuraz Kacharava Georgian Dream 2014

    52 #60 Ozurgeti Elguja Chkhartishvili Industry Will Save Georgia National Forum

    2012

    2013, 201

    53 #61 Lanchkhuti Lali Kikabidze Industry Will Save Georgia 2014

    54 #64 Senaki Aleksandre Kachibaia National ForumIndustry Will Save Georgia

    2013, 201

    2015

    55 #65 Martvili Maia Gagua United Democratic Movement 201556 #66 Khobi Shortena Tskiria Industry Will Save Georgia

    Conservative Party

    2012

    2013, 2014, 2

    57 #66 Khobi Manana Tatarashvili European Democrats 2012

    58 #66 Khobi Jemali Sherozia Republican Party 2013, 201

    59 #66 Khobi Datuna Jobava Georgian DreamIndustry Will Save Georgia

    2014

    2015

    60 #67 Zugdidi Khatuna Davianti Free Democrats 2013

    61 #67 Zugdidi Nana Shengelaia National Forum 2013

    62 #67 Zugdidi Lela Lashkhia Republican PartyIndustry Will Save Georgia

    2013

    2015

    63 #69 Chkhorotsku Nato Gabedava National Forum 2013

    64 #69 Chkhorotsku Tamaz Khorava Republican Party 2012, 2013, 2

    65 #80 Keda Irina Beridze Industry Will Save Georgia National Forum

    2013

    2014

    66 #80 Keda Temur Beridze Georgian Dream 2013, 201

    67 #84 Khulo Tamar Kamadadze Conservative Party 2014

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