Strasbourg, 13 January 2016 CDL-REF(2016)001 Opinion No. 834 / 2016 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) ORGANIC LAW OF GEORGIA ON CHANGES TO THE ELECTION CODE OF GEORGIA (ON REDRAWING OF CONSTITUENCIES) ADOPTED ON 8 JANUARY 2016 This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL-REF(2016)001 - 2 - Article 1. Organic Law of Georgia on the "Election Code of Georgia" (Legislative Herald of Georgia (www.matsne.gov.ge), 10.01.2012, registration code: 010190020.04.001.016032) shall be amended as follows: 1. Article 14, paragraph 1, subparagraph "e" shall be formed as follows: „e) by an ordinance, set up election districts and/or specify their boundaries in accordance with the procedures prescribed by this Law; ". 2. Article 18 shall be formed as follows: "Article 18. Election Districts 1. Election districts, their boundaries, titles and numbers shall be determined in accordance with this Law by a CEC ordinance, except for cases defined by paragraph 2 of this Article. 2. For the elections of the Parliament of Georgia, majoritarian districts shall be set up, their boundaries and numbers shall be determined in accordance with this Law and based on the procedures set by Articles 110 and 1101 of this Law." 3. Paragraph 2 of Article 19 shall be formed as follows: "2. The CEC is authorized to set up, by an ordinance, one DEC within boundaries of one or more self-governing units and 10 DECs in Tbilisi.". 4. Article 110 shall be formed as follows: "Article 110. Rule of formation of majoritarian election districts for the elections of the Parliament of Georgia 1. For the elections of the Parliament of Georgia, 73 single-mandate majoritarian election districts shall be set up. 2. Majoritarian election districts shall not be set up in the occupied territories of Georgia as defined by the Law of Georgia on Occupied Territories. 3. The number of registered voters in majoritarian election districts must comply with internationally recognized standards and ensure, to a feasible extent, equal distribution of voters in election districts. 4. Majoritarian election districts shall be set up and their boundaries defined by this Law and a CEC ordinance. Numbers of election districts shall be set by the CEC ordinance no later than June 1 of the regular parliamentary election year and no earlier than December 1 of the previous year. 5. Majoritarian election districts are set up by a CEC ordinance and their boundaries defined in accordance with this Article and Article 1101 of this Law for municipalities in which formation of two or more election districts is envisaged, if boundaries of election districts have not been set by this Law. 6. Majoritarian election district may comprise one or more adjacent municipalities fully, (except for cases defined by paragraph 28 of Article 1101 of this Law), neighboring local majoritarian election districts of one municipality or adjacent municipalities, and in cases envisaged by paragraph 5 of this Article - also, adjacent local majoritarian election districts fully or partially. 7. During the period between regular parliamentary elections and the next regular elections, by-elections and pre-term elections of the Parliament of Georgia shall be held according to the election districts defined by paragraphs 4 and 5 of this Article, boundaries of which stay unaltered during this period despite the possible changes to the administrative boundaries of municipalities and boundaries of local majoritarian election districts. 8. Latest data from the CEC electronic database of the general lists of voters shall be used when setting up majoritarian election districts. In cases defined by paragraph 5 of this - 3 - CDL-REF(2016)001 Article, CEC shall use the same electronic database of the general lists of voters that was used to set up the boundaries of districts by this Law.". 5. Articles 1101 and 1102 shall be added as follows: "Article 1101. Majoritarian election districts for the elections of the Parliament of Georgia 1. For the regular elections of the Parliament of Georgia, local majoritarian election districts envisaged by paragraph 6 of Article 110 of this Law are to be considered as the local majoritarian election districts that were set up for the last municipal elections conducted before these elections. 2. 22 majoritarian election districts shall be set up within Tbilisi city municipality and the local majoritarian election district of Martkhopi of Gardabani municipality. 3. Each majoritarian election district shall be set up within the boundaries of Sagarejo, Gurjaani, Khashuri, Sachkhere, Chiatura, Tskaltubo and Samtredia municipalities. 4. 1 majoritarian election district shall be set up within the boundaries of Signagi and Dedoplistsqaro municipalities. 5. 1 majoritarian election district shall be set up within the boundaries of Lagodekhi municipality and the local majoritarian election districts of Akhalsopeli, Baghlojiani, Chikaani, Kuchatani, Gavazi and Mtisdziri of Kvareli municipality. 6. 1 majoritarian election district shall be set up within the boundaries of local majoritarian election districts of Akura, Kisiskhevi, Kondoli, Kurdgelauri, Kvemo Khodasheni, Shalauri and Tsinandali of Telavi municipality and local majoritarian election districts of City of Kvareli, Shildi, Eniseli, Sabue and Gremi of Kvareli municipality. 7. 1 majoritarian election district shall be set up within the boundaries of the Akhmeta municipality and the local majoritarian election districts of Gulgula, Vardisubani, Tetritsklebi, Ikalto, Napareuli, Ruispiri, Saniore, Pshaveli, Karajala and Artana of Telavi municipality. 8. 2 majoritarian election districts shall be set up in the Rustavi City municipality. 9. 1 majoritarian election district shall be set up within the boundaries of majoritarian election districts of the City of Gardabani, Vakhtangisi, Kalinino, Lemshveniera, Nazarlo, Sartichala, Kesalo, Norio and Jandari of Gardabani municipality. 10. 1 majoritarian election district shall be set up within the boundaries of Tetritskaro municipality and the local majoritarian election districts of Kumisi, Teleti, Krtsanisi, Akhali Samgori, Gamarjveba, Agtaklia, Karataklia, Karajalari and Akhali Sopeli of Gardabani municipality. 11. 1 majoritarian election district shall be set up in Bolnisi municipality, except for the local majoritarian election district of Kazreti. 12. 1 majoritarian election district shall be set up within the boundaries of Tsalka and Dmanisi municipalities and the local majoritarian election district of Kazreti of Bolnisi municipality. 13. 1 majoritarian election district shall be set up within the boundaries of the local majoritarian election districts of Algeti, Kasumalo, Sadakhlo, Kapanakhchi, Kutliari, Kachagani and Kulari of Marneuli municipality. 14. 1 majoritarian election district shall be set up in the local majoritarian election districts of the City of Marneuli, Kizil-Ajlo, Tamarisi, Tsereteli, Damia-Geurarkhi, Shulaveri, Shaumiani, Tserakvi, Khojorni, Akhkerpi and Opreti of Marneuli municipality. 15. 1 majoritarian election district shall be set up within the boundaries of the Mtskheta City municipality and Mtskheta municipality. CDL-REF(2016)001 - 4 - 16. 1 majoritarian election district shall be set up within the boundaries of Dusheti, Kazbegi and Tianeti municipalities. 17. 1 majoritarian election district shall be set up within the boundaries of Kaspi municipality and local majoritarian election district of Kvakhvreli of Gori municipality. 18. 1 majoritarian election district shall be set up within the boundaries of Kareli municipality and local majoritarian election districts of Variani and Shindisi of Gori municipality. 19. 1 majoritarian election district shall be set up within the boundaries of the Gori City municipality and local majoritarian election districts of Tiniskhidi and Berbuki of Gori municipality. 20. 1 majoritarian election district shall be set up in the Gori municipality, except for the local majoritarian election districts of Kvakhvreli, Variani, Shindisi, Tiniskhidi and Berbuki. 21. 1 majoritarian election district shall be set up within the boundaries of municipalities of the City of Akhaltsikhe, Akhaltsikhe and Adigeni. 22. 1 majoritarian election district shall be set up within the boundaries of Borjomi municipality, Aspindza municipality and local majoritarian election districts of Azavreti, Kochio, Ptena, Baraleti and Chunchkha of Akhalkalaki municipality. 23. 1 majoritarian election district shall be set up within the boundaries of Ninotsminda municipality and Akhalkalaki municipality, except for local majoritarian election districts of Azavreti, Kochio, Ptena, Baraleti and Chunchkha. 24. 3 majoritarian election districts shall be set up within the boundaries of the Kutaisi City municipality and local majoritarian election districts of Kvakhchiri, Chognari and Godogni of Terjola municipality. 25. 1 majoritarian election district shall be set up within the boundaries of Tkibuli municipality and Terjola municipality, except for the local majoritarian election districts of Kvakhchiri, Chognari and Godogni. 26. 1 majoritarian election district shall be set up within the boundaries of Kharagauli municipality, Baghdati municipality and local majoritarian election districts of Ilemi, Sanakhshire, Shrosha, Puti and Dzirula of Zestaponi municipality. 27. 1 majoritarian election district shall be set up within the boundaries of Zestaponi municipality, except for local majoritarian election