Georgia
General Right to
Vote Constitution
(24 August 1995, amended 2006)
- Article 28, Section 1 states, “Every citizen of Georgia who has attained the age of 18 shall have the right to participate in referendum or elections of state and self-government bodies. Free expression of the will of electors shall be guaranteed.”
Electoral Code of Georgia
(2001, amended 2010)
- Article 5, Section 1 states, “Elections prescribed by this law are universal.”
Exclusions Based on Intellectual Disability
Constitution
(24 August 1995, amended 2006)
- Article 28, section 2 states, “A citizen who is recognised as legally incapable by a court who is detained in a penitentiary institution following a conviction by a court, shall have no right to participate in elections and referendum.”
Electoral Code of Georgia
(2001, amended 2010)
- Article 5, Section 2 states, “A person who has been declared incapable by the court or is being placed in a penitentiary institution in accordance with a court judgment is not eligible to take part in elections and referendum.”
Voting Assistance
Electoral Code of Georgia
(2001, amended 2010)
- Article 49, Section 4 states, “At the request of a PEC, the authorities specified in paragraph 1 of this article shall (provided, that the relevant resolution of such PEC was handed over not later than 20 days prior to election day) ensure temporary and simple adaptation of the polling place if there are disabled voters using wheelchairs in the election precinct who filed the relevant applications with the PEC not later than 25 days prior to the election day.”
- Article 54, Section 2 states, “In preparing ballot papers for the election precincts where disabled persons with eyesight problems are voting, the CEC shall ensure the use of such technology that will enable such voters to fill in the ballot papers independently.’
- Article 58, Section 3 states, “When filling in the ballot paper(s), no other person shall be present. Any voter who is unable to independently fill in the ballot paper shall have the right to invite to the voting booth any person to help him/her fill in the ballot paper, other than:
- commission members;
- Candidates;
- Representatives of the election subject;
- Observers.
Manual for Precinct Election Commission Members
- Chapter V states, “If the disabled voters with wheelchair are in the election precinct, the PEC (upon the request of the voters who file the application with the PEC no later than the 25th day before the Election Day) no later than the 20th day before Election Day, shall address government bodies and local self-government who are responsible to ensure temporary and simple adaptation of the polling place (Article 50.2).”
- Chapter IX, Section 2 states, “Elector needs assistance with filling out ballot papers: If an elector is unable to independently fill in ballot papers, he/she shall have a right to invite for assistance any person except for commission members, representatives of election subjects, candidates and observers. An elector who assists another elector with filling in ballot papers shall be prohibited to disclose who the person voted for (Article 54.3).”
- Chapter XIX, Section 1 states, “Regulate the flow of electors entered to the polling station:...Identify among electors people with disabilities who require special handling and send them to the commission chair.”
- Chapter XIX, subheading “Deputy Head of Commission” states, “Pay attention if there is a voter inside the polling station who cannot fill in the ballot independently and if so organize other voter to help him/her.”
- Chapter XIX, subheading “Head of Polling Station Commission” states, Pay attention to whether there is a voter in the polling station who cannot fill in the ballot independently.
Off-Site Voting
Electoral Code of Georgia
(2001, amended 2010)
- Article 11, Section 1 states, “Mobile ballot box list is compiled based on the main and supplementary voter lists in cases when a voter, due to health situation or other reasons, is unable to go to the polling station or when a voter is:
- At a location that is difficult to access
- In those military compounds, where no elections precincts are established;
- In hospitals or other inpatient or medical institutions
- In preliminary detentions.”
- Article 59 states, “1. The persons specified in paragraph 11 of this law shall be entitled to vote by mobile ballot box....3. Any voter unable to come to the polling place on election day shall, no later than 2 days before the election day, apply to the PEC with a request for voting by mobile ballot box. The DEC shall furnish the PEC with information on any voter being in an in-patient centre on election day no later than 2 days prior to the election day...”
Manual for Precinct Election Commission Members
- Chapter I states, “The following have the right to request voting via the mobile ballot-box:
- a voter who due to his/her health conditions cannot arrive at the polling station;
- a voter who due to the limited abilities cannot arrive at the polling station (only those voters who cannot arrive independently at the polling station)...”
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