FINAL REPORT OF THE OBSERVATION MISSION OF THE 2016 PARLIAMENTARY ELECTIONS INTERNATIONAL SOCIETY FOR FAIR ELECTIONS AND DEMOCRACY (ISFED) 2017 Tbilisi FINAL REPORT OF THE OBSERVATION MISSION OF THE 2016 PARLIAMENTARY ELECTIONS REPORT PREPARED BY MIKHEIL BENIDZE TAMAR BARTAIA ELENE NIJARADZE NINO RIJAMADZE NINO KHITARISHVILI TATIA KINKLADZE TUTA CHKHEIDZE DESIGNED BY: TEMO MACHAVARIANI ISFED election observation mission was made possible by the generous support of the American People through the finan- cial assistance of the United States Agency for International Development (USAID). The mission was also supported by the National Endowment for Democracy (NED), Federal Foreign Office of Germany, Embassy of the Kingdom of the Netherlands in Georgia, and the European Union. The contents of this publication belong solely to the International Society for Fair Elec- tions and Democracy and may not necessarily reflect the views of USAID, the United States Government, Federal Republic of Germany, Embassy of the Kingdom of Netherlands in Georgia, European Union, or NED CONTENT I. ABOUT THE OBSERVATION MISSION 4 II. EXECUTIVE SUMMARY 5 III. POLITICAL CONTEXT 10 IV. LEGISLATIVE REFORM 12 Electoral System 12 Other Changes in the Legislative Framework 12 V. VOTER LISTS 14 `` VI. ELECTION ADMINISTRATION 15 Central Election Commission 15 District and Precinct Election Commissions 15 Establishing Boundaries of Constituencies 15 VII. THE INTERAGENCY COMMISSION FOR FREE AND FAIR ELECTIONS 16 VIII. THE STATE AUDIT OFFICE 18 IX. PRE-ELECTION PERIOD 20 Monitoring Mission and Methodology 20 Misuse of Administrative Resources for Electoral Purposes 20 Vote Buying 21 Harassment/Intimidation on Alleged Political Grounds 22 Violence and Assaults 23 Dismissal from Work on Political Grounds 23 Participation of unauthorized individuals in pre-election campaigning 24 Hate Speech 24 X. MEDIA ENVIRONMENT 25 XI. MONITORING OF PUBLIC MEETINGS HELD BY PARTIES/ELECTORAL SUBJECTS DURING THE PRE-ELECTION PERIOD 26 XII. ELECTION DAY 28 First round of the elections 28 Rerun Elections 32 Election Runoffs 32 XIII. COMPLAINTS FILED ON AND FOLLOWING THE ELECTION DAY 36 XIV. RECOMMENDATIONS 46 I. ABOUT THE OBSERVATION MISSION The present report summarizes results of monitoring the with disabilities in Tbilisi. In addition to the STOs, the Election 2016 Elections of the Parliament of Georgia by the Interna- Day mission also included 70 mobile teams, 73 DEC observ- tional Society for Fair Elections and Democracy (ISFED). IS- ers, 15 lawyers and 15 operators. FED conducted pre-election, election day and post-election monitoring of the 2016 Parliamentary elections throughout ISFED observed the rerun elections of October 22 in all four Georgia. It monitored the first round of the 2016 Parliamenta- electoral precincts and both DECs in Zugdidi no.66 and Mar- ry elections on October 8, rerun elections on October 22 and neuli no.36 majoritarian election districts. runoffs on October 30. ISFED monitored the runoffs on October 30, 2016 in 50 ISFED carried out the pre-election monitoring3 of the Octo- election districts of Georgia. ISFED monitoring mission for ber 8, 2016 Parliamentary elections through 68 long-term the runoffs consisted of over 600 STOs, 42 mobile teams and observers (LTOs) in all election districts3 of Georgia over the observers assigned to each DEC. Similar to the first round of period of three months1 prior to the Election Day. Areas of the parliamentary elections, ISFED relied on PVT for mon- focus of the pre-election monitoring included: use of admin- itoring the runoffs. ISFED assigned 452 STOs to randomly istrative resources, activities of the election administration selected national representative sample of polling stations. and political parties, formation of voter lists, acts of political ISFED observers were also present in all precincts of the fol- harassment, intimidation and vote buying. lowing election districts: Marneuli no.36, Akhaltsikhe-Adigeni no.44, Kutaisi no.49 and Zugdidi no.66. For the runoffs ISFED Pre-election monitoring of the runoffs on October 30 was staffed its incidents’ and SMS centers in the central office conducted by 38 LTOs of ISFED in 50 election districts with 10 operators and 11 lawyers. where majoritarian MP candidates could not clear 50%+1 threshold in the first round of the parliamentary elections. ISFED monitored the post-election period after the first round by means of 68 observers and lawyers. ISFED observation The Election Day observation covered the following four focused on activities of the election administration, com- components: opening and setting up of polling stations, the plaints process in DECs and the creation of summary proto- process of voting, counting of votes and tabulation of results. cols. A total of 42 ISFED observers monitored the post-elec- ISFED observation mission for the October 8, 2016 Parlia- tion period following the runoff elections. mentary elections comprised of nearly 1000 accredited and trained observers deployed in precinct, district and central Based on the analysis of irregularities detected during the electoral commissions. ISFED short-term observers (STOs) observation, ISFED developed recommendations with the monitored the process of voting and tabulation in PECs purpose of improving the electoral legislation and environ- through the Parallel Vote Tabulation (PVT) methodology4 . ment. The present report provides an account of observation ISFED deployed 600 STOs to randomly selected national results and introduces subsequent recommendations. representative sample of polling stations throughout Georgia, 195 STOs to potentially problematic precincts and to pre- cincts particularly worthwhile for observation5 , 10 STOs were assigned to polling stations adapted to the needs of persons 1 The long-term observation of the pre-election period for the first round of the elections ran from July 1 to October 7. 2 Pre-election monitoring of the runoffs ran from October 9 to October 27. 3 Mtatsminda, Vake, Saburtalo, Krtsanisi, Isani, Samgori, Chughureti, Didube, Nadzaladevi, Gldani, Sagarejo, Gurjaani, Lagodekhi, Kvareli, Telavi, Akhmeta, Mtskheta, Rustavi, Marneuli, Gardabani, Kaspi, Gori, Khashuri, Akhaltsikhe, Adigeni, Kutaisi (three majoritarian districts), Kharagauli, Baghdati, Zestaponi, Chiatura, Lanchkhuti, Ozurgeti, Chokhatauri, Poti, Senaki, Abasha, Khobi, Zugdidi, Tsalenjikha, Chkhorotsku, Batumi (three majoritarian districts), Kobuleti, Khelvachauri, Keda. 4 PVT is an election observation methodology that enables detection of irregularities in a timely manner, evaluation of the entirety Election Day process and verification of accuracy of official results. PVT relies on statistical methods and information and communication technology (ICT) to provide accurate and timely information about the process of voting and tabulation. PVT provides the most accurate and timely informa- tion on the conduct of voting and counting and is the only methodology that can independently verify accuracy of the official results as announced by the electoral commission. 5 Electoral precincts that proved to be problematic in terms of irregularities or conflict situations on the basis of the three most recent elections (the parliamentary elections of 2012, the presidential elections of 2013 and the local self-government elections of 2014), as well as electoral precincts where competition between parties and/or candidates in the 2012 parliamentary elections and in the 2014 local self-governmental elections was a close race. 4 II. EXECUTIVE SUMMARY ELECTORAL REFORM was held about the need to reform election administration composition at the relevant CSO recommendations were Ahead of the 2016 Parliamentary elections, civil society left without consideration. The parliament did not support organizations, political parties and other stakeholders were introduction of mandatory gender quotas as a temporary actively discussing and urging the authorities to reform measure for increasing women participation in politics. the electoral system. In this regard, the CSOs and politi- cal parties proposed specific recommendations. However, In light of the above, ISFED believes that a comprehensive regrettably, the government showed lack of political will for and substantial electoral reform that would have improved any substantial changes in the electoral system. Although, the election environment has not been implemented. The as per the ruling of the Constitutional Court, changes were new parliament and the government should carry out a introduced in territorial boundaries of majoritarian election reform of the electoral system and introduce other essential districts so that the difference between the numbers of legislative changes without delay. voters among the constituencies did not exceed 15%. In addition, the 30% election threshold for electing a majoritari- ELECTION ADMINISTRATION an MP was increased to 50%+1. All three tiers of the election administration mostly worked in Changes were also introduced in rules about voting at abidance by the principles of openness and transparency. special polling stations, presence of police outside a polling Election stakeholders and other interested parties had unob- station for safety purposes and several other rules. structed access to public information, commission meetings and decisions made by the election administration. ISFED To the dismay of the expectations, the authorities did not set welcomes steps made by the election administration for up a working group to