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Public Movement Multinational Georgia

09/10/2016

Preliminary Statement 9 October

Public Movement Multinational Georgia (PMMG) has conducted the Elections Day monitoring program for 2016 Parliamentary Elections.

Elections Day monitoring program covered 8 electoral districts (ED) of Kvemo Kartli, Kakheti and Samtskhe-Javakehti regions with the compact settlement of ethnic minorities: # 46 Ninotsminda-Akhalkalaki ED, # 35 and # 36 Marneuli ED, # 33 Bolnisi ED, # 34 Dmanisi-Tsalka-Bolnisi ED, # 31 Gardabani ED, # 32 Tetritskaro-Gardabani ED and # 23 Sagarejo ED.

The Elections Day monitoring program was being implemented by 294 observers deployed by the PMMG including 227 static observers, 59 mobile group observers, 6 district election commission observes and 2 central election commission observers. The monitoring program entirely covers # 35 and # 36 Marneuli electoral districts as well as # 46 Akhalkalaki-Ninotsminda electoral district.

Apart from the conduction of the Election Day monitoring program, PMMG carried out long term elections monitoring program in # 35 and # 36 Marneuli ED as well as in # 46 Ninotsminda-Akhalkalaki ED with the compact settlement of ethnic minorities with the financial support provided by the Embassy of the Kingdom of the Netherland in Georgia.

In addition with the financial support provided by the USAID through the IFES, PMMG conducted the monitoring program on the abuse of administrative resources as well as campaign finance in # 46 Ninotsminda-Akhalkalaki ED, # 44 Adigeni-Akhaltsikhe ED, # 45 Borjomi-Aspindza-Akhalkalaki ED (Samtskhe-Javakehti region); # 35 and # 36 Marneuli ED, # 34 Dmanisi-Tsalka-Bolnisi ED, # 31 Gardabani ED, # 32 Tetritskaro-Gardabani ED (Kvemo Kartli region) and # 23 Sagarejo ED (Kakheti region).

Hereby it has to be noted that since 2003 PMMG is actively engaged in a process of promotion of fair elections as well as effective realization of electoral procedures. Organization conducted Elections Day monitoring for all elections held in the country including in Adjara region as well as so called South Ossetia Region.

For the purpose of effective realization of Elections Day monitoring program PMMG mobilized 9 call center operators stationed at its head office. Call center operators obtained and processed the electoral findings to be obtained from short term observers. Moreover, the hot line was being functional at the PMMG office thus enabling all the interested parties to report electoral findings to the organization’s head office.

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The Elections Day monitoring program was being supported by the lawyer engaged into the program. * * *

The following types of incidents have been reported on the Election Day within the framework of PMMG implemented monitoring program:

Agitation in the polling station:

Lafit Gasanov, observer of the monitoring organization “the Center of Freedom and Equity” was conducting agitation at # 1 electoral precinct of # 31 ED. The incident was challenged by the short term observer and the respective complaint was filed.

Illegal restriction of observer’s right:

Short term observer of the PMMG was not allowed to enter the # 37 electoral precinct (EP) of # 35 Marneuli electoral district (ED) by 07:00. The members of the precinct election commission have declared that the observer would only be allowed to enter the EP by 08:00. Representative of PMMG has established communication with the chair of the precinct election commission to clarify the details. As a result, PMMG observer was allowed to enter the electoral precinct for the purpose of conduction of monitoring.

Short term observer of the PMMG was expelled from # 88 polling station of # 35 Marneuli ED on the ground of not having a right to movement inside the polling station. This incident was challenged in # 35 Marneuli district election commission.

At # 37 electoral precinct of # 35 Marneuli ED, one of the members of the precinct election commission was trying to allow the voter to take the envelop as well as the ballot outside of the polling station. The incident was challenged by the short term observer of the PMMG which was met with the aggression of the part of the members of the precinct election commission. As a result PMMG short term observer was expelled from the polling station. Hereby it has to be noted that the observer has managed to obtain both photo and video materials capturing the incident. As a result of request made by the observer organization as well as the recommendation issued by the CEC, PMMG short term observer was allowed to return to the polling station and continue observatory works.

Presence of unauthorized people at the polling station:

There was a fact of presence of unauthorized person at # 34 electoral precinct of # 35 Marneuli ED as reported by PMMG short term observer. As a result of challenge of the incident by the short term observer of the PMMG the unauthorized person left the polling station.

3 facts of presence of unauthorized people at # 72 electoral precinct of # 35 Marneuli ED was reported by the PMMG short term observers. PMMG short term observer made an objection towards the chair of the electoral precinct according to which the unauthorized people have been expelled from the polling station.

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There was a fact of presence of unauthorized person at # 86 electoral precinct of # 36 Marneuli ED representing “Georgian Dream – Democratic Georgia” without presenting any IDs. This fact was challenged by the short term observer of the PMMG who made a subsequent comment in the register book as well as filed a complaint. As a result the incident was removed and the unauthorized person left the polling station.

The fact of presence of unauthorized person was reported from # 51 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED without presenting any ID. The incident was challenged by the short term observer and despite unwillingness of the chair of the precinct election commission the unauthorized person was expelled from the polling station. According to the explanations provided by the chair the allegedly unauthorized person was the member of the same precinct election commission who due to some reasons did not manage to obtain special permit (badge).

Damage of the election materials:

There were some facts when the registrar of # 60 electoral precinct of # 32 Tetritskarho-Gardabani ED was intentionally damaging the ballots to be handed over to the voter. This fact was challenged by the short term observer who filed a complaint to the precinct election commission. The complaint was satisfied and hence the registrar was substituted.

Delayed opening of the polling station:

According to the information as reported by the short term observer # 5 electoral precinct of # 36 Marneuli ED was not ready to receiver the first voter by 08:00. Moreover, the control paper was inserted in the ballot box after the visit of third voter.

Improper setting up of the polling station:

There was only one vote casting boot installed at # 26 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED (for 720 voters) due to which voters casted votes outside the boot. This is the fact of breaching of vote secrecy.

# 35 precinct election commission (village Kesalo 1) of # 35 Marneuli ED did not have the demonstrational protocol. According to the chair of the precinct election commission, # 35 Marneuli district election commission did not hand over the demonstrational protocol to the precinct election commission. Therefore, in order to eradicate the problem the precinct election commission decided to develop (draw) the demonstrational protocol on its own and place it at the polling station. Due to this incident, short term observer of the PMMG has made a record in the register book.

Not conduction of the special procedures for the purpose of distribution of functions among the members of the precinct election commission:

Based on the findings obtained by PMMG short term observer # 53 precinct election commission of # 35 Marneuli ED did not carry out the necessary procedures for the distribution of functions among the members of the precinct election commission. Therefore, all the functions among the members of the

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commission have been assigned based on personal prejudice and consideration of the chair of the precinct election commission. Short term observer of the PMMG has challenged the case and hence submitted a complaint. The similar type of incident was reported at # 46 electoral precinct of # 35 Marneuli ED. Non-affirming of the ballot papers:

There was an incident reported at # 71 electoral precinct of # 36 Marneuli ED according to which the bullets given to the members of the precinct election commission were only affirmed by the seal of the precinct election commission but not the signature of the registrar.

Breach of vote secrecy:

The fact of breaching of vote secrecy was reported from # 14 electoral precinct of # 46 of Ninotsminda-Akhalkalaki ED. Notably, voters were casting vote outside the voting booth. Despite multiple objections made by the short term observers the incident was not removed. The complaint was filed to the precinct election commission.

At # 31 electoral precinct of # 35 Marneuli ED the movable ballot box has been annulled on the background of the appeal submitted by the observer of the PMMG to the precinct election commission. The reason for annulment of the movable ballot box was the fact according to which in the movable ballot box voters’ list there were only three signatures made while in 41 cases there were the cross marked alongside the name and surname of the voters. The short term observer of the PMMG suspected the possible violation of the electoral law. To the best of his judgment the movable ballot box was not brought to the voters. Precinct election commission has taken the judgment of the observer into consideration and thus satisfied the objection.

There was only one vote casting boot installed at # 26 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED (for 720 voters) due to which voters casted votes outside the boot. This is the fact of breaching of vote secrecy.

Voting without checking / application of marking:

At # 13 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED, the incident was reported according to which the member of the commission responsible for regulating the queue was not checking the voters for marking. This fact was verbally objected by the short term observer of the PMMG and requested the making of the respective record in the register book. However, the secretary of the precinct election commission did not allow the observer to make such a note. The observer filed a complaint to # 46 Ninotsminda-Akhalkalaki district election commission and thus objected the conduct of the secretary. No marking was applied to the voter at # 89 electoral precinct of # 36 Merneuli ED. Moreover, the results of the procedures implying the distribution of functions among the members of the precinct election commission were not affirmed by the seal of the chairman of precinct election commission. Given the presence of underlined violations short term observer of the PMMG has filed a complaint.

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No marking was applied to the voter at # 48 electoral precinct of # 48 Merneuli ED by the person responsible for regulation of the queue.

Voting without presenting proper documentation:

One incident of attempt of voting without presenting proper documentation (driver’s license) was reported from # 9 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED which was halted as a result of objection raised by the PMMG short term observer.

There were three cases of attempts of casting a vote witout presenting proper documentation at # 51 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED. The attempts were halted as a result of interference of short term observer.

The member of the precinct election commission regulating the queue at # 37 electoral precinct of # 35 Marneuli ED was allowing the voter to enter the polling station without presenting proper documentation as well as checking the marking. This fact was challenged by the short term observer of PMMG; the complaint was filed with the request of substitution of the mentioned members of the commission.

There was an attempt on the part of the registrar of # 08 electoral precinct of # 36 Marneuli ED according to which he allowed to voter to cast a vote without presenting proper documentation (attempt of voting by driver’s license). The incident was challenged by the short term observer of the PMMG. However, instead of refraining from the possible violation of the electoral law, the registrar continued undue practice. Notably, he used to issue the ballot affirming only by the seal but not the signature. PMMG short term observer filed a complaint to substitute registrar by the other member of the commission which was satisfied by the precinct election commission.

There was a fact of casting a vote without presenting proper documentation at # 5 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED. Short term observer has filed a complaint to challenge the incident. Inappropriate sealing of the main ballot box:

The fact of sealing of the ballot box with non-identical seals was reported from # 23 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED. The PMMG short term observer tried to picture the scene. However, his attempt was heavily criticized by the chair of precinct election commission who has threatened his ejection. The observer has made a respective record in the register book.

Opening of the polling station before the time as established by the law:

# 46 Polling station of # 23 Sagarejo ED was opened by the chair of the precinct election commission at 06:35. Therefore, the polling station was being opened at the time of entry of the short term observer. Moreover, at the time of opening of the polling station there was not the enough number of the members of the precinct election commission. Short term observer of the PMMG has challenged the case and fined a complaint.

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At # 60 electoral precinct of # 36 Marneuli ED, the unidentified person entered the polling station and attempted to take out the special envelopes.

Other types of electoral shortcomings:

There was an attempt on the part of the chair of # 49 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED to take the ballot outside of the polling station justifying the physical disability of the voter who could not access the electoral precinct. This incident was halted as a result of objection raised by the PMMG short term observer.

Representative of other observer organization has casted a vote through the special list at # 30 electoral precinct of # 46 Ninotsminda-Akhalkalaki ED.

The particular attention deserves the events evolving around # 48 electoral precinct (village Kizilajlo) of # 36 Marneuli ED with regard to which PMMG has filed a complaint to the # 48 district election commission requesting the annulment of bulletins as far as the voters registered for the polling station were not given the possibility to cast a vote before the closure of the polling station which could affect the results of the elections.

In total, within the framework of the monitoring program up to 40 incidents have been reported by the PMMG short term observers including: 1 fact of agitation in the polling station, 3 facts of illegal restriction of observer’s right, 7 facts of presence of unauthorized people present at the polling station, 1 fact of damage of the election materials, 1 fact of improper filing of electoral documentation, 1 fact of delayed opening of the polling station, 2 fact of improper setting up of the polling station, 2 fact of not conduction of the special procedures for the purpose of distribution of functions among the members of the precinct election commission, 1 fact of non-affirming of the ballot papers, 3 facts of breach of vote secrecy, 3 facts of voting without checking / application of marking, 8 facts of voting without presenting proper documentation, 1 fact of inappropriate sealing of the main ballot box, 1 fact of opening of the polling station before the time as established by the law, 1 fact of possible not delivery of the movable ballot box to the voters, 1 fact of attempt of take out of the special envelopes form the polling station, 2 other types of electoral shortcomings.

At this moment PMMG has filed 20 complaints to the precinct as well as district elections commission. PMMG will continue the conduction of post-election monitoring over the process of adjudication of its complaints through organization’s long term monitors as well as lawyer.

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* * *

Preliminary assessment of the Election Day monitoring program

Given the facts and available evidence as obtained by the observers, “Multinational Georgia” concludes that 8 October, 2016 Parliamentary Elections in 8 electoral districts (ED) of Kvemo Kartli, Kakheti

and Samtskhe-Javakehti regions with the compact settlement of ethnic minorities was held in calm, fair

and competitive environment despite the presence of some electoral shortcomings as well as the events evolved around # 48 electoral precinct (village Kizilajlo) of # 36 Marneuli ED which could not possibly affect the final outcome of elections.

Moreover, the vast majority of the observers of “Multinational Georgia” have been able to observe each and every step of the election process and procedures during an Election Day.

The voting process has been conducted in a culm environment. However, the observers revealed some electoral shortcomings mostly caused by an inadequate level of professional qualification of some members of the election administration in project targeted regions as well as generally underdeveloped political and electoral culture of the voters.

The Election Day monitoring program is being implemented with the financial support provided by Embassy of the Kingdom of the Netherland in Georgia, Open Society Georgia Foundation (OSGF), International Foundation for Electoral Systems (IFES), National Endowment for Democracy (NED) and United States Agency for International Development (USAID).

The content of the report, press releases or special announcements to be produced within the frameworks of the monitoring program is under the sole responsibility of the PMMG and can in no way be taken to reflect the views of the donor organizations.

Georgia, 0102, Tbilisi, D. Uznadze Str. 117, II Entrance, 1 Floor. Tel : 790 59 78 71

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