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First instance body dealing with electoral disputes

Georgia

Georgia

Answer
  • EMB (highest level)
  • Court of general jurisdiction (including Supreme Court)
Source

Election Code of Georgia (as of 2012, inEnglish)

Source: http://cesko.ge/files/2012/PARLAMENTIS%20ARCHEVNEBI/codex_english_electronic.pdf

Article 118. 6. An ordinance issued by thechairperson of the CEC/DEC on the decline of registering the applications ofparty lists and candidates for the MP nominated by political party/electionbloc/initiative group of voters may be appealed according to the provisionsprescribed by Article 77 and 78 of this Law.

Article 77 1. Violation of electorallegislation may be appealed to the relevant election commission. The decisionof the election commission may be appealed only to a higher election commissionor a court, in accordance with the procedure and terms determined by this Law,unless otherwise defined by this Law.

4. Decisions of the DEC/commission headofficials, within 1 calendar day of their delivery, may be appealed to the CEC,which shall examine the appeal within 1 calendar day. The decision of the CEC,within 1 calendar day of its delivery, may be appealed to Tbilisi City Court.Tbilisi City Court shall examine the appeal within 2 calendar days. The TbilisiCity Court ruling, within 1 calendar day of its delivery, may be appealed tothe Court of Appeal, which shall deliver its ruling within 1 calendar day ofthe submission of the appeal. The ruling of the Court of Appeal is final, andnot subject to appeal.

5. The decision of the CEC/head officials ofthe CEC may be appealed to Tbilisi City Court, within 2 calendar days of its delivery.The Tbilisi City Court shall examine the appeal within 2 calendar days. TheTbilisi City Court ruling, within 2 calendar days of its delivery, may beappealed to the Court of Appeal, which shall deliver its ruling within 2calendar days of the submission of the appeal. The ruling of the Court ofAppeal is final, and not subject to appeal.

Comment
The decisions oflower level election commissions may be appealed in the higher levelcommissions: District Election Commission’s decision in the Central ElectionCommission. The decision of the CEC (not only on issues of adjudication ofdecision of the previous level commissions, but CEC’s “original” decisions) canbe appealed in the first instance to Tbilisi City Court. In this regard, bothEMBs and Tbilisi City Court are mentioned as first instance bodies.
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