Regional Conference Money in Politics

LELA TALIURIGeorgian Young Lawyers` Association

FEBRUARY 19, 2016

Monitoring of campaign finance and the role of

international and citizen observers, the

importance of civil society

Questions

• · How are civil society organizations undertaking campaign finance observation? How is observation results presented?

• · How can recommendations on campaign finance be implemented and monitored?

Campaign Finance Observation Methodology

GYLA observers are obtaining information from a variety of sources:• through requesting FOIA information from the public institutions; • through media monitoring; • citizens and political party members are addressing GYLA and providing

us with the information about the revealed violations on their own initiative.

After receiving the information, GYLA observers are verifying each case individually with the source of the information

Involvement in Lawmaking Process

• In 2011, 2012 and 2013, GYLA was actively involved in law making process through Parliament and Inter-Fraction Group, established to review and upgrade election legislation;

• GYLA submitted its recommendations for the improving party financing law to the Parliament of Georgia.

• The amended legislation was based on comments of OSCE/ODIHR, also recommendations of local NGOs, including GYLA.

Involvement in Lawmaking Process

• Re-introduction of right of legal persons to finance political parties;

• Reduction of fines for violation of rules on financing political parties;

• Introduction of requirement that SAO may request information on financial condition of a physical person only through court;

• Adjustment the time-frames for administrative violations proceedings, proceedings on attachment and appeal procedure.

Campaign Finance Observation

• During the pre-election period of 2013 Presidential Elections, GYLA ascertained 5 facts with signs of voters’ buying.

• These facts violated both ECG and article 25.2 of the Organic Law of Georgia on Political Unions of Citizens.

• The latter prohibits the party to transfer/disseminate directly or indirectly property or services to nationals of Georgia via candidate, a representative or other person, unless otherwise provided by this Law.

Campaign Finance Observation • GYLA submitted these facts to the ICFFE under the Ministry of Justice of

Georgia, the SAO and CEC and requested adequate investigation within the competency.

• The SAO did not find violations. • Within the electoral period of 2014 Local Elections, GYLA submitted 3

statements on the alleged violation of the political finance regulations to the State Audit Office.

• The State Audit Service has initiated an administrative proceedings on one of the cases, relating to the independent candidate of Local City Council for distributing presents to the citizens through its own company.

• The case was forwarded to the court. • The city court has fined the candidate with 4’140 GEL for not revealing the

donation to the Audit Services however the Court of appeal annulled this decision.

•

Consultative Commission under the SAO

• The State Audit Service initiated on creating the Consultation Commission under its auspices, composed of the NGOs for the 2014 local elections.

• Such an initiative has supported the increase of the transparency of the State Audit Service activities in terms of political party monitoring

• The creation of the Commission allowed the observer organizations to get acquainted with the activities of the State Audit Activities better, to consider the facts of violations or other problems in detail and to provide the relevant recommendations to the Audit Services.

Consultative Commission under the SAO

• Based on consultations with the NGO sector, the decree of the Auditor General was prepared “On Regulating Some of the Issues for the 2014 Local Self-Government Elections”.

• Apart from the mentioned decree, as a result of the consultations with the NGO sector, the amendment package to a number of the incumbent decrees of the Auditor General was prepared.

• The amendment package aimed at clarification of the existing norms, their simplification and elimination of the barriers in favor of political subjects in the electoral period.

Thank You!