PRE-ELECTION ENVIRONMENT

ZUGDIDI AND GORI

IN

Monitoring the Use of State Resources Mid-term

Report

The Coalition is conducting observation mission in Zugdidi and

Gori, within which it employs monitoring on pre-election
environment and the legality of use of state resources. The
Mission aims at discovering violations of the law and harmful
tendencies, reacting on them and elaborating recommendations to
establish good practice. The foregoing Report envisages instances
observed and discovered in the period of August 1 September
30 and is focused on events within the cities and communities of
Gori and Zugdidi.

Youth Observation Mission

2016

9/30/2016

PRE-ELECTION ENVIRONMENT
AND GORI

IN

ZUGDIDI

Monitoring the Use of State Resources Mid-term Report

Youth Observation Mission

September 2016

Author: Irine Urushadze

With collaboration of: Davit Gigauri, Nino Okujava

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Table of Contents
Introduction ................................................................................................ 3
Executive Summary ..................................................................................... 4
Occasions observed in the Pre-Election Period ............................................... 5
Occasions of Abuse of Regulatory Resources .............................................. 5
1. Electoral System ............................................................................. 5
2. Regulation of the State Audit Service Regarding the Purchase of
Advertisement ...................................................................................... 5
3. Municipal Regulations on Displaying Electoral Posters ........................ 6
Occasions of Abuse of Institutional Resources ............................................ 7
1. Appointing Election Commission Members ......................................... 8
2. Participation of Election Commission Members in Campaign ................ 9
3. Confrontations on Campaigns ......................................................... 10
4. Abuse of Web-Pages Administered by the State Entities .................. 12
5. Displaying Electoral Subjects on Budget Funded Events .................... 13
6. Abuse of State Buildings ................................................................ 13
7. Electoral Symbols on Municipal Properties ....................................... 14
Occasions of Abuse of Coercive Resources ............................................... 15
1. Barriers to Electoral Subjects and Differential Treatment ................. 15
2. Inaction of Law-Enforcing Agencies ................................................. 15
Occasions of Abuse of Financial Resources ............................................... 15
Occasions of Abuse of Informational (Media) Resources ............................. 16
Occasions of Possible Vote Bribing ........................................................... 17
Conclusion ................................................................................................ 18

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PRE-ELECTION ENVIRONMENT IN
ZUGDIDI AND GORI
Monitoring the Use of State Resources Mid-term Report

INTRODUCTION
The goal of Youth Observation Mission is that the electoral processes are conducted in
conformity with law and the best international practices. The foregoing Report is one of the
expressions of this goal. It touches upon the facts discovered during pre-election period,
includes their assessment and the ways to improve the problematic issues.
The Mission is conducted in Zugdidi and Gori, specifically in the four municipalities of these
two entities City of Zugdidi, City of Gori, Communities of Zugdidi and Gori. However, this
Report also envisages specific issues that are beyond Zugdidi and Gori, however have direct
effect on these municipalities.
The Report demonstrates the possible events of abuse of the state resources, the abuse is
understood in accordance with internationally recognised and established practice in Georgia,
which is clear from the Memorandum signed between Central Election Commission (CEC)
and the non-government organisations (NGO) regarding the use of state resources for the
parliamentary elections of Georgia of October 8, 2016.
The Report was prepared by collecting, checking and analysing publicly disseminated facts,
on the one hand, and, on the other hand, by requesting public information by the
representatives of the Mission and analysing the information received; additionally, by
conducting visits and interviews with electoral subjects, gathering information from them
and attending electoral or other events and analysing information collected thereof. The
current Report envisages the period between August 1 and September 30, 2016 and research
conducted during this period based on the methodology described above.

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EXECUTIVE SUMMARY
The pre-election period of October 8, 2016 elections is conducted in rather competitive and
balanced environment. However, there are certain issues and occasions, which negatively
influence electoral processes.
The confrontations and non-conformity of the local self-government bodies and lawenforcers with their duties is of particular relevance.
The occasions of abuse of institutional resources have also been observed, when public
officials participated in certain incidents, when campaign took place on the event funded by
the budget, when material or informational resources of a state entity were abused. These
occasions in sum create the impression that public service, state resources and political parties
are fused with each other.
Legal regulations are somewhat problematic as well and their deficiency frequently causes
impression that the regulatory resources are abused.
Procurement of television advertising by state or municipal bodies are still problematic, when
instead of informing the society, certain entities or their services are advertised, which is
forbidden and during the pre-election campaign creates the possibility to advertise for the
political subject.
We consider that it is the most relevant that the state government, state resources and
electoral subjects, their activities are strictly delimited, so that these subjects are not in
unequal conditions compared to other political forces. At the same time, the elections are
conducted in peaceful, fair and competitive environment.
The foregoing Report is built in accordance with the understanding of state resources that are
internationally established practice also recognized in Georgia, therefore, each fact and issue
is divided into relevant groups of resources and a sub-chapter regarding the vote-bribing is
also presented, since the latter has substantial effect on electoral process. Each issue is assessed
and finally common recommendations and conclusion is given.

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OCCASIONS OBSERVED IN THE PRE-ELECTION PERIOD

Occasions of Abuse of Regulatory Resources
1. Electoral System
Pursuant to the established practice, as well as the text agreed upon by the Memorandum
between the CEC and NGOs, abuse of regulatory resources is the use of legislative resource
benefiting the ruling political party.1The electoral system, which allows gathering high
number of seats in the Parliament with comparatively low support, can be considered as the
abuse of such resources. Specifically, pursuant to the current majoritarian system, political
party that wins in majoritarian districts with exactly 50%+1 support and gathers same percent
in proportional elections can gather constitutional majority in the Parliament, which is not
exact reflection of the will of voters.2 The mentioned system has numerously been criticised
both by the third sector and political parties. The refusal to amend the system demonstrates
that the existing one is more beneficial for it, which indicates the use of regulatory resources.
It is also noteworthy, that pursuant to the Judgment of the Constitutional Court of Georgia,
the Majoritarian system of the Parliamentary elections of Georgia was declared
unconstitutional.3 According to this Judgment, it is unacceptable, that majoritarian districts
with different number of voters electone member in the Parliament, as a result of which, the
vote weight of the citizens of Georgia were different. In order to execute this Judgment, the
amendment of electoral system was necessary, however, the legislative body amended the
system in a way, when district creation was linked to merely the number of voters, instead of
considering geographical, historical and other issues as well. In the event, when the
amendment of electoral system is being discussed for several years and multiple proposals
have been drafted, adopting the current system indicates, that the ruling party does not wish
substantial reform, as the current unfair system is acceptable and to sustain it artificial
separation of municipalities took place. This also indicates towards the abuse of regulatory
resources.
2. Regulation of the State Audit Service Regarding the Purchase of
Advertisement

See http://cesko.ge/res/docs/Memorandumi_29.07.2016.pdf[last accessed on September 29, 2016].

Pursuant to the Constitution of Georgia, there are 73 Majoritarian and 77 Proportional Mandates in the
Parliament of Georgia. According to article 125 of the Election Code of Georgia, in case of 50% support, a party
gathers 38 mandates in proportional system and all 73 mandates in majoritarian system. Thus, it can have 115 MPs,
which is more than three fourths of the Parliament. This does not reflect the will of the voters.
3The Judgment of the Constitutional Court of Georgia No.1/3/547 dated May 28, 2015. Georgian version available
here: https://matsne.gov.ge/ka/document/view/2867512[last accessed on September 29, 2016].
1
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Another instance of possible abuse of regulatory resources is the regulation of State Audit
Service Order of the General Auditor of Georgia No.2915/21 dated May 5, 2016 On
Arrangement of Certain Issues Related to Transparency of Political Finances, which was
criticised by political parties as well. Pursuant to the first paragraph of article 10 of the
mentioned Order, purchase of political advertisement (TV, radio, internet, newspaper,
outdoor) shall be done with prior payment. The mentioned regulation was understood in
two ways political parties considered that they face the duty to pay for the advertisement
they need to purchase for the whole pre-election period, while according to the State Audit
Office the rule envisages that payment shall be done in a prior way and it is not obligatory to
purchase advertisement for the whole period. The understanding of the rule presented by the
State Audit Office could be precise, however, it does not exclude the possibility that the
electoral subjects could face the duty to make payments for the whole pre-election period,
since purchasing the advertisement is done for the whole period. Political parties expressed
the view that the ruling party has the financial resources to make such purchase, which
creates doubt that adoption of this Order was politically motivated.
When adopting the election-related regulations all state institutions should do so in an
unbiased, clear and foreseeable way and all political motivations should be excluded. Electoral
subjects should have equal opportunities, including in election expenditures.
3. Municipal Regulations on Displaying Electoral Posters
Within the scope of the observation mission when meeting with the political parties, almost
all electoral subjects stated, that the municipal regulations regarding the display of electoral
posters. Pursuant to paragraph 9 of article 45, paragraphs 2 and 4 of article 46 of the Election
Code of Georgia, the City Council of Gori on August 5, 2016 adopted the Regulation N39 On
Arranging Certain Issues Related to Pre-Election Agitation (Campaign), as a result of which
details regarding displaying the posters in the City (shape, size). The same Regulation
specified the places, buildings and other infrastructural entities, where the posters can be
placed, as well as the places, where placing posters is prohibited (cultural heritage sites, cult
buildings, etc.)
At first the Regulation did not arrange the number of posters that could have been placed on
a single spot, as a result of which, the members of initiative group for independent candidate
Irakli Okruashvili used this regulatory measure and occupied all designated places. Almost
all electoral subjects demanded reaction on this issue from the Mayors Office and City
Council, since although the members of initiative group did not violate the law, the principle
of equality was violated. We addressed relevant entities, requested information and
researched the details. The Regulation was amended on August 19, 2016, as a result of which
it was established, that following the principle of equality is obligatory and for this the

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maximal number of election posters for one electoral subject shall be done in a way, which
gives all electoral subjects equal conditions. The initiative group of independent candidate,
Irakli Okruashvili, was given time until September 16, to comply with the Regulation.4 Due
to the reality other parties were given certain concessions, for instance, they were allowed to
cover other posters in the places, where one entity has more posters, these issues were
prepared on extraordinary session of the City council of September 21.
It is noteworthy that Irakli Okruashvili held the post of Advisor to the Chairman of City
Council of Gori. Therefore, the doubt, that the normative act adopted by the City Council
could have been the abuse of regulatory resources. In case this was caused by negligence of
the local legislator, it is unclear why the initiative group of Irakli Okruashvili was given such
long period to comply. We consider that the municipalities should at the very least pay more
attention when adopting regulations so that the election environment is not imbalanced and
the doubt, that regulatory resources are abused in favour of any political force, does not exist.
The regulation of displaying the election posters was criticised in other entities. Their
regulations included equality principle, as it is given in the Election Code. For instance,
according to article 2 of the Ordinance N45 of the Zugdidi City Council dated June 13, 2016
On Events Conducted for Holding Pre-Election Campaign on the Territory of Zugdidi City
Municipality Pursuant to the Organic Law of Georgia Election Code of Georgia
designated area and the conditions of display shall be equal to all electoral subjects.
However, this is not complete fulfilment of the requirement of the law. Since fulfilling the
equality principle cannot happen with general provision. During the interviews with the
representative of the Mission, the electoral subjects stated, that equality is still violated. The
municipality should adopt exact rule of fulfilling the principle of equality, for instance,
prescribe the exact maximal number of posters per each electoral subject, which can allow
excluding arbitrariness from any electoral subject. Without such maximal amount the
example of Gori can happen elsewhere, when one electoral subject will be the first to use
whole designated area and others shall not have the possibility to use it.

Occasions of Abuse of Institutional Resources

It is noteworthy that when monitoring pre-election period of October 8, 2016 elections,
almost no instances, when public officials participated in pre-election campaign were
discovered, which has been very frequent practice for years. However,the facts of abuse of

Information in Georgian is accessible here: http://www.interpressnews.ge/ge/regioni/396999-goris-meria-iraklioqruashvils-saarchevno-plakatebisthvis-gankuthvnili-adgilebis-mthlianad-athvisebashiadanashaulebs.html?ar=A[last accessed on September 29, 2016].

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institutional resources have still been uncovered. The following part of the report mainly
includes the facts observed in Gori and Zugdidi.
1. Appointing Election Commission Members
Staffing election commissions is still Problematic. In Zugdidi the commissions were staffed
with the persons, who had been charged with disciplinary sanctions in past elections.
Within the monitoring conducted by the Mission it was observed, that some elected precinct
election commission members of the districts of City and Community of Zugdidi had been
charged with disciplinary sanctions in past elections, while other candidates who had no such
sanctions were presented as well.5
Pursuant to paragraph 5 of article 24 of the organic law of Georgia Election Code of Georgia
a person, who violated election law cannot be elected in precinct election commission.
Specifically:
The following subjects shall not be elected/appointed as PEC members:
a) a person who has been dismissed from a position in the Electoral Administration of
Georgia by the election commission or the court for violating the electoral legislation
of Georgia for eight years after the day of his/her dismissal;
b) a person who has violated the electoral legislation of Georgia and the violation is
confirmed by the court for eight years after the entry into legal force of the court
decision.
In the given instances, the candidates were not removed from their posts due to election
violation, nor the court had imposed responsibility upon them. Therefore, the law does not
prohibit appointing them as members of precinct election commission. Specifically, they were
sanctioned pursuant to article 28 of the Election Code. Therefore, appointing them is allowed
by the law, however, it is noteworthy, that primarily, the supervisory election commissions
abstain from using harsher responsibility measure than warning and at the same time, in the
event when there are candidates without such record at any stage, these candidates should be
considered at the very least, more qualified.

Specifically, in the precinct commissions of the mentioned districts following persons were elected: 1) Lamara
Tevzadze, who was given warning in 2014, was elected in the precinct electoral commission No.65.67.15; 2) Izolda
Ghvamberia, who was given warning in 2014, was elected in the precinct electoral commission No.66.67.33; 3)
Mzia Guguchia, who was given warning in 2013, was elected in the precinct electoral commission No.66.67.50; 4)
Maia Tchkadua, who was given warning in 2013, was elected in the precinct electoral commission No.66.67.64; 5)
Temuri Shengelia, who was given warning in 2014 by the district and central election commissions, was elected in
the precinct electoral commission No.66.67.97.
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Apart from the mentioned, in the same majoritarian electoral district pursuant to the
information given to the Mission by one of the electoral subjects, the persons who are
doubted to have strong links with Georgian Dream are appointed in the precinct election
commissions and specific public officials have given recommendations for their appointment,
which raises doubts, that the members of the precinct commission will not be independent in
their work. Specifically, the political party sent the Mission the list of persons that had to be
appointed in the commissions, whose recommendations different public officials were
indicated. This information, in case of its confirmation casts doubt over the independence of
these persons. The mentioned is a faulty practice and hinders healthy election process.
Commission members elected professionally should not be directly or indirectly linked to any
election subject, so that the independence of these members is guaranteed.
Several political parties expressed their discontent regarding the staffing of precinct election
commissions in Gori electoral districts, specifically that the district commission elected the
first six candidates from all lists. This fact is doubtful and creates impression, that the identity
of persons, who should have been appointed was known beforehand. This fact was mentioned
in the reports of local and international observation missions and similar doubt was stated by
them too. Political parties expressed their protest directly, stating that it is indicative to the
interests of ruling party. Staffing election administration should be in the most competitive
environment and the accent should be made on professional, unbiased candidates, which
would have been almost impossible in the event of electing the very first six candidates from
the lists.
2. Participation of Election Commission Members in Campaign
Ineza Murghulia, chairman of the precinct election commission 65.67.05 participated in
election campaign events of September 19 and 27, 2016 of Georgian Dream, specifically, she

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participated in the support activity of majoritarian candidate Merab Kvaraia.
Pursuant to paragraph 21 of article 8 of organic law of Georgia Election Code of Georgia,
An election commission member is not the representative of his/her appointer/voter. An
election commission member shall be independent in his/her activities and shall act only
according to the Constitution of Georgia, law, and respective subordinate acts. Any pressure
upon an election commission member or any interference in his/her activities with the aim of

influencing his/her decision shall be prohibited and punishable by law. According to

subparagraph a of paragraph 4 of article 45 of the same Code, election commission member
is directly prohibited to participate in the pre-election campaign, which entails any type of
participation. Article 79 of the Code prescribes sanction for such case in the amount of 2000
GEL. Additionally, this is gross violation of election law, which is the grounds for imposing
disciplinary sanction on this person as well. In this instance the adequate sanction the
strictest sanction should be used (in this instance, withholding salary/part of salary).
All officials of the election administration should strictly follow the obligations imposed upon
them by the law, while the supervisory election commission should react in time and with
the strictest way possible.
3. Confrontations on Campaigns
On September 5, 2016 during the meeting of majoritarian MP candidate of United National
Movement in the village Jikhashkari, Zugdidi Municipality, certain persons tried to disrupt

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the meeting and were aggressive towards media representatives as well, they also tried to
hinder the work of journalists.6
Happily, physical confrontation did not take place, however such fact negatively affects the
process of pre-election campaign.
It is noteworthy, that pursuant to paragraph 6 of article 45 of the Election Code of Georgia,
local self-government bodies shall be obliged to support political parties/electoral subjects to
organise and hold meetings and gatherings with voters, public debates and discussions,
assemblies and manifestations, and to ensure the safety of those events.
On September 17, 2016 confrontation took place in the village Plavismani of Gori
Municipality as well, where the representative of the United National Movement was
hindered from both conducting a meeting and displaying campaign materials.7 Persons
involved in this case stated that the representatives of the party tried to display posters on
private property, however, they at the same time stated that they did not allow the party to
display posters in front of their houses. It is noteworthy, that neither the law-enforcers
averted the incident and hindrance of posting the materials timely, nor the municipality
reacted as needed.8
The confrontation in Jikhashkari and Plavismani demonstrates, that local self-government
bodies do not fulfil their legal duties (it should be underlined, that aggressive persons were
expelled by the locals of Jikhashkari and UNM representatives, while law-enforcing body
representatives did not avoid the incident). Municipal bodies, as well as law-enforcing
entities are obliged to ensure safety on pre-election events and this duty should be fulfilled
faithfully.
It should be separately noted, that according to the United National Movement, public
officials participated in the incidents as well. Participation of public officials in pre-election
agitation is prohibited (unless it happens outside of normal business hours and/or when they
are directly performing their duties), on the other hand, their participation in campaign
during legally allowed time is also unacceptable practice, especially, if this entails their

http://odishinews.ge/ge/cat-politics/item/3881------[last accessed on September 29, 2016].

7See
https://www.youtube.com/watch?v=b36V9e3n5Fk, https://www.youtube.com/watch?v=Iu8fdzR7wRA[last
accessed on September 29, 2016].
8Pursuant to article 80 of the Election Code of Georgia: hindering dissemination of, or seizure of, election appeals,
statements, signboards, papers, photos, and other materials, as well as seizure of or hindering the use of motor
vehicles or other means of transportation equipped with special devices designated for election campaigning shall
be subject to a penalty in the amount of GEL 1 000. A relevant municipal executive body or a person authorised
thereof shall draw up protocols of administrative offences concerning the administrative offences referred to in
article 80.

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involvement in confrontation. Public official has rather high requirements by the law; apart
from the unpartisan nature, he/she is obliged to act in accordance with morale, including
outside working period.9
4. Abuse of Web-Pages Administered by the State Entities
Photos, information and video displaying the pre-election meetings of ruling party are posted
on an official Facebook page of the Ministry of Internally Displaced Persons from The
Occupied Territories, Accommodation and Refugees of Georgia, at the same time,
campaigning text is given below the pictures, for instance: We have symbolically come
together with the candidates of Majoritarian MP and Gamgebeli. These are persons who have
always expressed readiness to help not just the locals, but also internally displaced persons
that live here. Edisher Toloraia is a person, who has always tried and done so, that more
projects were brought to his district, which would make the lifes of the people easier. I assure
you, the he will do more as a Majoritarian MP. I can say the same about this young person
Lasha Gogia. Hence, we have to decide our tomorrow. We should by all means choose better
future and I do not doubt this (text posted on September 20, 12:26) and The government
today is focused on peoples interests. The Majoritarian MP candidate for Poti of Georgian
Dream Irakli Khakhubia is a successful businessman, he will be similarly successful in the
Parliament and will care for Poti habitants. We will win by all means! (text posted on
September 20, 23:54).
Pursuant to subparagraph b of the first paragraph of article 48 of the organic law of Georgia
Election Code of Georgia use of means of communication, information services, and other
kinds of equipment designated for state authorities and local self-government bodies, also for
organisations funded from the State Budget of Georgia (except for political parties) is
prohibited. Any violation of the requirements of this Law in the course of using
administrative resources or exercising official duties or an official capacity during canvassing
and election campaign, according to article 88 of the Election Code of Georgia shall be subject
to a penalty in amount of GEL 2 000.
The official Facebook page of the Ministry of Internally Displaced Persons from The
Occupied Territories, Accommodation and Refugees of Georgia is a resource funded by the
state entity; although Sozar Subari is a political state official, he is not allowed to use this type
of resource during the campaign. Therefore, this is the case of abuse of administrative
resource prohibited by the law.
We have applied to the election administration to use the sanction, while we have
requested the Inter-Agency Task Force for Free and Fair Elections to show interest in this

Article 78.1.c of the law of Georgia On Public Service.

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fact and issue a recommendation to public entities for avoiding similar facts in the future. It is
important that the state entities are separated from the party even in social networks.
5. Displaying Electoral Subjects on Budget Funded Events
On

September

10

Zugdidoba

was

celebrated, for which the Mayors Office

of the city conducted certain events. The
representatives of the Youth Observation
Mission have noticed, that the Mayor of
Zugdidi was accompanied by persons,
who were dressed with clothes (T-shirts,
caps) displaying the symbols of the ruling
party Georgian Dream.
Pursuant to paragraph 7 of article 45 of
the Election Code of Georgia, "It is
prohibited to carry on election
campaigning at any event/presentation
funded

from

Georgia/the

the

State

budget

of

Budget
local

of
selfgoverning unit. That action shall be
regarded as the use of administrative
resources.
Although direct campaign by the Mayor of
Zugdidi was not observed, accompaniment
from the campaigners of the election
subject unequivocally creates impression,
that such event has direct link with the
subject. It is desirable that instead of
directly understanding the law, municipal
bodies pay attention to its aims and avoid
this kind of involvement from election
subjects.

6. Abuse of State Buildings

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On September 25, late at night the building of Non-Entrepreneur (Non-commercial) Legal
Entity (NNLE) the Union of Pre-School Education Entities of Gori Self-governing
Community was used for pre-election campaign goals.10 Specifically, flyers of Georgian
Dream was brought in this building and then moved to the headquarters of the subject.
Several officials of the Union talked about this fact with the Media and the fact was
confirmed.
In the disseminated video material, it is demonstrated, that the collaborators of the NNLE
participated in moving the flyers, which itself is not violation of the Election Code, however,
it is possible that these persons were obligated, since the respondent states that he was made
to move packed flyers.
Pursuant to subparagraph a of the first paragraph of article 48 of the organic law of Georgia
Election Code of Georgia, it is prohibited to use premises occupied by state authorities and
local self-government bodies, also by organisations funded from the State Budget of Georgia,
provided that other political parties, candidates for electoral subject, or electoral subjects are
unable to use similar premises under the same conditions. At the same time, use of such
building is allowed by the code for conducting mass electoral events and not for internal
organisatory actions of the party.
Any violation of the requirements of this Law in the course of using administrative resources
or exercising official duties or an official capacity during canvassing and election campaign,
according to article 88 of the Election Code of Georgia shall be subject to a penalty in amount
of GEL 2 000.
The Mission has applied to the election administration to use the sanction, while we have
requested the Inter-Agency Task Force for Free and Fair Elections to issue a
recommendation for preventing the use of budgetary entity buildings only in the way
allowed by the law.
7. Electoral Symbols on Municipal Properties
In August-September of the current year the representative of the Mission observed the flags
of Georgian Dream on several stadiums in the property of municipality in several Gori
villages. The Mission representative requested the official of the municipality to verify this
fact and react accordingly. We welcome that after such request the flags were removed from
the stadiums and only state flags are displayed. We consider that such rapid reaction and

10

http://www.qartli.ge/ge/akhali-ambebi/article/3492gvianghamithbaghebisgaerthianebashithemurkhubulurisbroshurebisheitanes [last accessed on September 29,

2016].

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timely eradication of the use of state resources by the municipal bodies supports better
conditions of the election environment.

Occasions of Abuse of Coercive Resources

1. Barriers to Electoral Subjects and Differential Treatment
During the interviews conducted within the scope of the Mission political parties stated
certain instances when law-enforcing bodies treated the electoral subjects differentially.
Specifically, on September 13, the party members tried to transport Osetian supporters from
the village Tsitelubani for the meeting with Nino Burjanadze in the village Shavshvebi. Since
this area is hot zone, entering the village is under control. When the controllers noticed party
flyers and posters, the control took longer time than it usually does.
Such an occasion in case it is confirmed indicates that the law-enforcing entities treat
electoral subjects differentially, which is unacceptable, especially during the pre-election
period.
2. Inaction of Law-Enforcing Agencies
During the pre-election period of October 8, 2016 elections several instances of confrontation
between political forces was observed and in most such cases the law-enforcing entities are
passive. This was demonstrated in both, Jikhashkari incident and in Gori, village Plavismani
(see the details of the incidents above, among the facts of the abuse of institutional resources).
As mentioned above, the Election Code obliges the local self-government bodies to ensure
security during the election meetings, which does not mean that inactivity of law-enforcing
bodies is warranted. The law-enforcing bodies should react on similar instances and ensure
safe conduction of campaign by any electoral entity.

Occasions of Abuse of Financial Resources

With regards to abuse of financial resources there was no instance in the pre-election period
of 2016 elections, when during this period new programs or events were created that did not
exist before or the existing ones were increased.
However, with regards to financial resources general analysis of the budget is also relevant.
When the date of the elections is known to the municipal bodies rather early, especially that
the President of Georgia announced the date October 8, several months before the preelection period started, the municipalities had the opportunity to plan yearly expenditures in

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a way, when they would take election process into account. Although, this is not a violation
of the law, it substantially influences the pre-election period.
This is why within the monitoring the analysis of the budgets of Cities of Zugdidi and Gori, as
well as Communities of Zugdidi and Gori will be conducted. With this regard mere analysis
of budgets is rather limited and it is necessary that the allocation of funds during the year is
assessed. For this goal the Mission addressed relevant bodies with request to send quarterly
allocation of funds, however none of the municipalities gave us such document (we received
full budget, as well as annual compliance reports, but not quarterly allocation). After this we
requested information regarding the periods of planned events, in order to see how the
budget was disseminated during the year and to see whether during the election period there
were some specific tendencies. Most municipalities asked for 10 days period for preparing the
data (although, such information does not warrant 10-day period, since it is not un-related or
other type of data) and despite this, the delivered information is still not sufficient.
It is noteworthy that derived from the principle of budgetary transparency, the municipality
should be most prepared for fulfilling such requests and the person requesting information
should receive complete data. Additionally, instead of complete list of budgetary events, the
municipalities sent information regarding fun and sport activities. According to the Budgetary
Code, budget is the unity of programs, sub-programs and events, the latter entails not just fun
and cultural or sport events, but any cumulated expenditure, even rehabilitation of the road
in a village.
The Observation Mission at this stage is collecting detailed data from the municipalities and
will offer detailed analysis of received data in the next report.

Occasions of Abuse of Informational (Media) Resources

Abuse of informational resources mainly entails abuse of the media outlets funded by the
state budget. It also envisages hidden advertising with social advertisement.
State entities often use TV advertisement to disseminate information regarding their projects.
However, in such events the so called social ad takes the character of hidden electoral
advertisement.
According to article 66 prima of the law of Georgia On Broadcasting, Administrative
bodies, political parties, officials and public servants may not finance broadcasters, and may
not procure their services and finance or co-finance, directly or indirectly, the production of
and broadcasting of broadcasters' programmes except in the events when an administrative
body procures the services of a broadcaster beyond the minimum time limit defined by law to
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disseminate important information to the public and only provided that this is included in a
separate clause in their budgets.
Therefore, any advertisement that an administrative body places in a broadcaster should
either be social advertisement or should deliver the society with relevant information.
Article 12 of the law of Georgia On Advertising defines social ad in a following way:
advertising intended to support public good, achieve charity objectives, increase public
awareness about important social issues and/or encourage positive social behaviour change,
which is neither commercial nor election advertisement and which does not intend to
promote services rendered by a state or local self-government body, and by a legal entity
under private or public law.
During the monitoring period we frequently see advertisement that are not fully of social
character and is more an advertisement of a certain entity or their project. This is particularly
unacceptable during the pre-election period, since they are associated with ruling party for
the voters. Such advertisements are the cycle of Government of Georgia Ads regarding 4point plan of reforms and the Ads of Mayors Office of Tbilisi project New Tiflisi. They do
not serve supporting public good, increasing public awareness about important social issues
and/or encouraging positive social behaviour change and are advertisement of state or local
self-government entities or their services, which on the one hand is a possible violation of
law, and, on the other hand, negatively affects the electoral environment.
We consider that such advertisement should not be placed on broadcasters, especially during
the pre-election period and the broadcasters should take into consideration the requirements
of the law and the goals thereof when airing ads. It is noteworthy that when the social
character of such ads is disputed between the broadcaster and the owner of the ad, the
Georgian National Communication Commission decides the dispute. Therefore, there is a
possibility the responsible entity to decide upon the nature of an ad, which can be used
during the pre-election period.

Occasions of Possible Vote Bribing

During the reporting period vote bribing occasions were factually not observed in Gori and
Zugdidi. However, according to the disseminated information, on September 13, he
representatives of an independent candidate in Gori, Irakli Okruashvili, food was
disseminated to the citizens.11The mentioned fact was assessed and addressed to the relevant

http://trialeti.ge/?menuid=2&lang=1&id=5937[last accessed on September 29, 2016].

11

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entities by the observing organisations. Part of the locals deny vote-bribing possibility,
however the need to fully investigate the fact definitely exists.
Vote bribing during the pre-election campaign is one of the gross violations of law, which is
why there is the strictest election-law sanction removal of the candidate and criminal
sanction prescribed. Precise and complete investigation and adequate reaction is hence
important, so that similar facts are not repeated in the future.

CONCLUSION
The occasions observed by the Youth Observation Mission from August 1 till September 30
demonstrates that substantially negative trends are not detected, however certain facts surely
require adequate reaction so that the pre-election period is conducted in calm, competitive
and equal environment.
It is relevant that foreseeable and impeccable regulations exist, as well as the abuse of
resources of different state entities is avoided and electoral subjects are treated equally,
violations of law are reacted timely, efficiently and strictly, so that, on the one hand, the
violators feel their responsibility and, on the other hand, the violations are prevented. With
this regard the work of election administration and Inter-Agency Task Force is substantial.
It is noteworthy that the local self-government bodies have special role in ensuring the
election process is conducted in secure and peaceful environment. It is necessary that these
bodies fully understand their role and fulfill it faithfully.
It should also be underlined, that during the pre-election campaign, there are occasions when
the law is not violated, but there are negative tendencies, causing confusion between the
election subjects and state entities, which no less harms pre-election environment. This is
why we consider that such negative trends should be eradicated as well, just as the direct
violations of election code should be.

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The Report is published within the project Youth Observation Mission. Project is conducted by
non-government organisations Saunje, Civil Society Development Center, Step Towards Civil
Integration and Helping Hand. Project is funded by National Endowment for Democracy
The content of the Report might not coincide with the position of National Endowment for
Democracy (NED) and the members of coalition Saunje, Civil Society Development Center,
Step Towards Civil Integration and Helping Hand are responsible for its content.

Collaboration between the organisations implementing the project has commenced in 2012 and
within it joint projects are conducted with the support of National Endowment for Democracy
(NED). The mission of the organisations is to serve establishing and developing democratic values.
For us it is important that we, our beneficiaries and our donor representatives are satisfied with
high quality and transparency of our work.

Project Youth Observation Mission has three main tasks:

1. Informing the youth regarding the relevance of elections and the main aspects of election
law;
2. Monitoring and assessment of pre-election period;
3. Observing the Election Day and publishing a report.

September, 2016

Zugdidi, Rustaveli str. 52.

Tbilisi, Al. kazbegi ave. N47
e-mail: cgfd.ge@gmail.com
Cell: +995 555 199 798
Facebook/CGFD.election2016.com

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