First instance body dealing with electoral disputes

Georgia

Georgia

Answer
  • EMB (lower level)
  • 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 14. 1. The Central ElectionCommission:

j) by its own initiative or on the basis ofan application/complaint, in accordance with the procedures for examiningelection disputes defined by the present Law, check the legitimacy of thedecisions and acts of the election commissions, their officials and, in theevent of violation, invalidate or revise them by an ordinance;(…)

u) consider election-related applications and complaints inaccordance with the procedures determined by this Law, and make appropriatedecisions within the scope of its competence;

Article 21. DECS shall:

e) on the basis of an application/complaint(if such application/complaint is filed in consistent with the procedure andwithin the timeframe prescribed by the present Law) or at its own initiative,examine the lawfulness of the actions and decisions made by PECs on theElection Day, as well as by the appointed official (including the accuracy ofthe registration of election participants, counting of ballot papers, etc.),and if violations are detected, make appropriate decision (including changingof data of the PEC summary protocol of polling results in accordance with theexamination outcome or annul the polling results in the polling station). (…)

k) examine election-related applications andcomplaints and make relevant decisions within its authority;

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.

2. Decisions of the PEC/commission head officials, within 3calendar days of their delivery, may be appealed to the relevant DEC,which shall examine the appeal within 1 calendar day. The decision of the DEC, within 2 calendar daysmay be appealed to the relevant district/city court, which shall examinethe appeal within 2 calendar days. The ruling of the district/city court, within 1 calendar day of itsdelivery, may be appealed to the Court of Appeal, which shall examinethe appeal within 1 calendar day. The Court of Appeal’s ruling is final, and notsubject to appeal.

4. Decisions of the DEC/commission head officials, within 1calendar day of their delivery, may be appealed to the CEC, which shallexamine the appeal within 1 calendar day. The decision of the CEC, within 1 calendar day of itsdelivery, may be appealed to Tbilisi City Court. Tbilisi City Courtshall examine the appeal within 2 calendar days. The Tbilisi City Court ruling, within 1 calendar day ofits delivery, may be appealed to the Court of Appeal, which shalldeliver its ruling within 1 calendar day of the submission of the appeal. Theruling of the Court of Appeal is final, and not subject to appeal.

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

Comment
The decisions oflower level election commissions may be appealed in the higher levelcommissions: Precinct Election Commission’s decision in the District ElectionCommission, District Election Commission’s decision in the Central ElectionCommission. The decision of the CEC (not only on issues of adjudication of decisionof the previous level commissions, but CEC’s “original” decisions) can beappealed in the first instance to Tbilisi City Court. Article 77.1 quoted above also allows for the DECdecision to be appealed to relevant district/city court. In this regard, both EMBs andTbilisi City Court and other district or city courts are mentioned as firstinstance bodies.
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