NGOs Disapprove Decision of Central Electoral Commission of Georgia

Based on  Article 29 of the Constitution, on September 3,  2013  Central Electoral Commission refused to register Salome Zurabishvili as a presidential candidate.  Salome Zurabishvili appealed  the order in Tbilisi City Court.  

We consider that Constitutional norms in the election sphere are not clearly reglamented, but if we study the norms in a complex way, the refusal of the Central Electoral Commission to  register people obtaining dual-citizenship is a wrong interpretation of the Constitution of Georgia.  

 First of all we should make a distinction between registration  as presidential candidates and  the concept of  obtaining of the presidential office.  According to article 291 of the constitution ,,the office of the President of Georgia, the Prime-Minister, the Chairman of the  Parliament should not be taken by the Citizen of Georgia, who is the citizen of foreign  country at the same time”. 

We consider that  the norm  prohibits a person obtaining dual-citizenship to take a presidential office  and not registering as  presidential candidate.  According to article 70, paragraph 2 ,,  Any person may be elected as the President of Georgia if he/she has attained the age of 35, who has lived in Georgia for at least 5 years and  has resided in Georgia for last 3 years by the Election Day. The norm allows the citizen of Georgia to be elected as  president. Article 71 of Constitution differentiates between concepts of taking presidential office and registering as presidential candidates.  The official obtaining of presidential office  takes place after delivering his/her speech on the program and swear (article 71, paragraph 1).

 Based on this concept, any citizen of Georgia who abtains  a citizenship of another country at the same time and  accords with article 70 of constitution can participate in elections as presidential candidate. According to article 29 of constitution ,,A candidate is not eligible to take the presidential office until he/she abondons a citizenship of a fereign country. 

NGOs consider that the order of the head of Central Electoral Commission  refusing to register as presidential candidates does not accord with  Georgian constitution.

NGOs hope that the court will take an objective decision.

    

Human Rights Center 

Article 42 of Constitution

Media Institute

Coalition for  Civil Development