regional proportional system 2014

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Georgian Young Lawyers Association

I nternational Society for F air Elections and Democracy

Transparency InternationalGeorgia

Recommendations about the Electoral System

After the local self-government elections, the electoral reform should focus on electoral system changes.

Notably, the existing electoral system has long been criticized by non-governmental organizations and

political parties due to its inability to translate votes into seat numbers proportionately, due to high risk oflosing votes and the lack of protection of equality of votes. Further, European Commission for

Democracy through Law (Venice Commission) and OSCE Office for Democratic Institutions and Human

Rights (ODIHR) recommend that the electoral system for both parliamentary and local self-government

elections be reviewed in order to ensure the equality of suffrage.1

Even though changes in the electoral system have long been discussed (we initiated the request to

consider the issue in proper time as early as in 2013 in the inter-factional task force IFTF), no

meaningful changes were made in 2013 or later in 2014 within the format of the IFTF.

Existing Electoral System

Georgia falls under the category of the states with the so-called mixed election system, in which both proportionate

and majoritarian election systems co-exist. In particular, the Georgian Parliament consists of 77 members elected in

proportionate election system (candidates nominated through party lists) and 73 members elected through

majoritarian election system.

1EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) AND OSCE OFFICE FORDEMOCRATIC INSTITUTIONS AND HUMAN RIGHTS (OSCE/ODIHR) JOINT OPINION ON THE DRAFT ELECTION CODE OF

GEORGIA, 2011, Page 8. para 22


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Following elections through proportionate system, mandates are distributed among those political unions and

election blocs that will gain at least 5% of votes.2 As to majoritarian election system, winning candidate is the

one that gains most number of votes but at least 30% of votes in relevant majoritarian election district.3

Negative Aspects of the Existing Majoritarian Election System in Georgia

The risk of losing votes

In majoritarian election system there is a theoretical chance that a winning candidate could be a person who gained

over 30% of votes in the election precinct, but votes against the candidate are significantly higher than the number

of ballots castes in favor of him/her.

For instance, during October 1, 2012 parliamentary elections, winning majoritarian candidate in Kharagauli district

gained total of around 47% of votes, while the total share of votes gained by other candidates was 52.16%.4

Similarly, in Sighnaghi election district one of the candidates gained 49.01% of votes; however, total share of votes

gained by other candidates running for the office was 50.98%.5

These facts prove that there is a risk of losing votes in majoritarian elections, which can be viewed as one of thedisadvantages of the system. Further, the 30% threshold for the candidates is low and does not guarantee that a

candidate is elected with high legitimacy.6

Inequality of votes

Another important problem in majoritarian elections is related to significant inequalities in terms of number of

constituents in individual election districts, which greatly violates the principle of equality of votes. For instance,

there are 163, 654 voters registered in Kutaisi and 5 779 in Kazbegi. 7Despite the difference, constituents both in

Kutaisi and Kazbegi election districts are able to elect one majoritarian member of the parliament. 8 The Venice

Commission recommends that the difference among individual districts in terms of the number of registered voters

should be within the range of 10% and it may not exceed 15% in extraordinary circumstances. The existing

Election Code largely disregards the recommendations.9

Lack of communication between voters and majoritarian members of the parliament

In addition to election-related problems, ISFED has found lack of communication between majoritarian candidates

and voters, as illustrated by passive outreach of majoritarian MPs to voters. Most of the majoritarian MPs do not

2

See the Constitution of Georgia, Article 50, para.2. Organic law of Georgia the Election Code of Georgia, Article 1253See the organic law of Georgia the Election Code of Georgia, para.3, Article 1254http://results2012.cec.gov.ge/major48.html5http://results2012.cec.gov.ge/major13.html6http://www.parliament.ge/files/1055_16721_957521_saarchevno_sistemebi.pdf7http://www.cesko.ge/uploads/other/12/12680.pdf8Number of voters according to districts for 2012 parliamentary elections

http://www.cesko.ge/files/2012/PARLAMENTIS%20ARCHEVNEBI/amomrchevlebis_raodenoba.pdf9EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) AND OSCE OFFICE

FOR DEMOCRATIC INSTITUTIONS AND HUMAN RIGHTS (OSCE/ODIHR) JOINT OPINION ON THE ELECTION

CODE OF GEORGIA as amended through March 2010, Opinion No. 571/2010, page 5, para.14
http://results2012.cec.gov.ge/major48.htmlhttp://results2012.cec.gov.ge/major48.htmlhttp://results2012.cec.gov.ge/major48.htmlhttp://results2012.cec.gov.ge/major13.htmlhttp://results2012.cec.gov.ge/major13.htmlhttp://results2012.cec.gov.ge/major13.htmlhttp://www.parliament.ge/files/1055_16721_957521_saarchevno_sistemebi.pdfhttp://www.parliament.ge/files/1055_16721_957521_saarchevno_sistemebi.pdfhttp://www.parliament.ge/files/1055_16721_957521_saarchevno_sistemebi.pdfhttp://www.cesko.ge/uploads/other/12/12680.pdfhttp://www.cesko.ge/uploads/other/12/12680.pdfhttp://www.cesko.ge/uploads/other/12/12680.pdfhttp://www.cesko.ge/files/2012/PARLAMENTIS%20ARCHEVNEBI/amomrchevlebis_raodenoba.pdfhttp://www.cesko.ge/files/2012/PARLAMENTIS%20ARCHEVNEBI/amomrchevlebis_raodenoba.pdfhttp://www.cesko.ge/files/2012/PARLAMENTIS%20ARCHEVNEBI/amomrchevlebis_raodenoba.pdfhttp://www.cesko.ge/uploads/other/12/12680.pdfhttp://www.parliament.ge/files/1055_16721_957521_saarchevno_sistemebi.pdfhttp://results2012.cec.gov.ge/major13.htmlhttp://results2012.cec.gov.ge/major48.html


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hold meetings with their constituents or rarely meet them. According to NDIs estimates, as of August 2014 only

31% of constituents are aware of who their majoritarian MP is.10

Conclusions

The existing election system for parliamentary elections fails to ensure fairness of elections and proportional

results according to the will of the voters which is an integral component of fair elections. Further, the principle of

equality of votes is also violated. Constituents registered in election districts do not enjoy equal opportunities for

casting a vote for the same number of majoritarian members. The existing rule of distribution of proportionate

mandates is in direct conflict with the essence of proportionate election system, according to which mandates

should be distributed in proportion of votes.

Criteria for Choosing Electoral System

New electoral system should remedy the existing problems and improve translation of voters will into

seat numbers.

In this light, criteria for choosing the right electoral system are as follows:

Allocation of mandates in proportion to votes;

equality of votes;

minimized risk of losing votes;

representation of small parties;

increased representation of women;

geographic representation;

simple voting procedures;

increased public trust in elections.

In light of the criteria above, we propose the so-called regional proportional representation voting system.

RegionalProportional System

Proportional representation voting (PR) is one of the predominant voting systems throughout the world.Many countries use it, including the Netherlands, Belgium, Greece, Norway, Sweden, Spain, Switzerland

and others. The PR system was devised to solve the many problems caused by plurality-majority voting

systems.11One of the advantages of the PR system is its simplicity and the ability to achieve proportional

results.

Party list voting systems are by far the most common form of proportional representation. In it legislatorsare elected in multimember districts and the number of seats that a party wins in an election is

proportional to the amount of its support among voters. In order to win mandates, parties must also reach

a certain threshold.

10https://www.ndi.org/files/NDIGeorgia_August-2014%20survey_Public-Political_GEO_VF.pdf

11https://www.mtholyoke.edu/acad/polit/damy/BeginnningReading/PRsystems.htm
https://www.ndi.org/files/NDIGeorgia_August-2014%20survey_Public-Political_GEO_VF.pdfhttps://www.ndi.org/files/NDIGeorgia_August-2014%20survey_Public-Political_GEO_VF.pdfhttps://www.ndi.org/files/NDIGeorgia_August-2014%20survey_Public-Political_GEO_VF.pdfhttps://www.mtholyoke.edu/acad/polit/damy/BeginnningReading/PRsystems.htmhttps://www.mtholyoke.edu/acad/polit/damy/BeginnningReading/PRsystems.htmhttps://www.mtholyoke.edu/acad/polit/damy/BeginnningReading/PRsystems.htmhttps://www.mtholyoke.edu/acad/polit/damy/BeginnningReading/PRsystems.htmhttps://www.ndi.org/files/NDIGeorgia_August-2014%20survey_Public-Political_GEO_VF.pdf


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Proportional regional representation voting system is a type of party list voting system. Notably, in its

resolution about Georgia dated October 1, 2014, the COE Parliamentary Assembly invited all

stakeholders to consider the proportional-regional election system. 12

In proportional regional representation voting system several multimember districts are established in thecountry, making it necessary to determine territorial boundaries of election districts based on geographic,

historic, cultural, social-economic and other criteria.

In addition to setting up multimember districts, it is also necessary to determine the number of seatselected at the regional level. We believe that it should be based on the number of population. For instance,

one seat may weight 23,000 votes. Weight of a seat should be determined by the following formula:

Total number of voters : number of seats = weight of a seat

In 2014 local self-government elections, number of voters was 3 429 748, while the number of seats to beelected in the parliament is 150. Different number of population may make it impossible to accurately

observe the principle of equality of votes; however, the difference should range from 10% to 15%, as

recommended by international organizations.

Another important problematic issue that must also be addressed is electoral threshold. As seats will beallocated at the regional level, threshold must also be imposed at the regional as opposed to national level.

13 Threshold can be regulated by law; however, it must also be considered that with high threshold

distribution of seats may be difficult, while with low threshold not all parties who reach it will be getting

a seat. In an event of natural threshold, considering varying amounts of population threshold will also

vary and in some cases, it can be too high.

We believe that election threshold must be regulated by law and must be the same for all districts. It can

be set at 5%, which is not unreasonably high number and it will also promote competition among parties

and encourage them to actively engage with constituents. 5% threshold will also ensure high legitimacy of

elected party.

In proportional representation voting system, parties/blocs nominate lists of their candidates. We supportthe use of open lists in proportional-regional election system, as it will allow voters to influence not only

the election of political parties but also the process of nomination of candidates by parties. Voters will

choose individual candidates from the list provided by each party and individual candidates will elected

according to the popular vote.

Advantages of the proportional-regional voting system

Votes are translated into seat numbers proportionately;

The risk of losing votes is decreased to minimum;

Equality of votes is ensured the number of voters may differ by districts; however, the principleof equality of votes allows 10-15% margin of error;

12http://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=21275&lang=en 13RULES FOR ELECTING GEORGIAN PARLIAMENT ANALYSIS OF THE ELECTORAL SYSTEM AND

RECOMMENDATIONS, Human Rights Education and Monitoring Center (EMC), 2013, p.34
http://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=21275&lang=enhttp://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=21275&lang=enhttp://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=21275&lang=enhttp://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=21275&lang=en


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Geographic representation is ensuredmandates are distributed at the regional level, which will inturn bring voters closer to their representatives. This will allow compensating for majoritarian

system.

Representation of small parties is promoted small parties will have better chances to reach thethreshold by working with voters intensively.

Women representation is increased proportionate system promotes women participation themost. However, we believe that mandatory quoting system must also be put in place as an

additional mechanism for increasing women participation;

Voters influence the process of nomination of party candidates, weakening the party vertical thiswill bring voters closer to candidates and will also increase voter responsibility in the process of

selection of candidates, which will promote a more informed decision. This will also increase

accountability of candidates before voters. Success of candidates will depend on will of voters

rather than decision of party leaders, which will prompt them to work closely with voters and willpromote stronger candidacies;

Simplicitythe process of voting is clear and unambiguous. Each voter has a single vote to votefor a party list candidate.

Disadvantages of the system:

Independent candidates dont exist in the PR voting system, as they cannot run in proportionalelections. However, this is outweighed by the fact that voters are able to choose individual

candidates from the list provided by each party. This will work in favor of strong candidates and

will bring voters closer to their elected representatives in the legislature. This will alsocounterbalance absence of majoritarian legislators.

Complex ballot structure ballot papers must include party lists, which will increase the size of

ballot papers.

We are ready to participate in discussions of the electoral system outlined by the present

recommendations as well as any other proposals about new electoral system in order to help choose the

electoral system that can solve the existing challenges most effectively.

regional proportional system 2014

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