Georgia

Article 3, section (a), subsection (a.c.) states:

A citizen of Georgia, having been declared incapable by the court or is placed in prison/penitentiary institution in accordance with the court judgment, shall not be qualified to participate in the elections/referendum/plebiscite…

Article 8, section (22) states:

If the commission chairperson and a deputy chairperson, or a commission secretary, are temporarily unable to carry out the duties determined by the present Law, and pursuant to the same Law, an action falling within the exclusive competence of the chairperson or the secretary is to be carried out, the commission, in accordance with the procedures established by the present Law, shall elect without delay an acting chairperson or a secretary among his staff for electing relevant officials. The power of the acting chairperson of the commission shall be ceased once the commission chairperson or deputy chairperson are able to carry out their functions, and the authority of the commission acting secretary shall be ceased, once the commission secretary is able to carry out his/her duties…

Article 15, section (3) states:

The CEC deputy chairperson shall:

• (a) perform duties assigned to the CEC chairperson, if the CEC does not have a chairperson or the latter is unable to perform his/her duties…

Article 21 states:

DECs shall: …

• (c) if the lower PEC is unable or fails to perform the duties assigned to it under the legislation of Georgia, be authorized to request the CEC to suspend the authority of this commission by a majority decision of the total number of DEC members…

Article 22, section (2) states:

The DEC deputy chairperson shall:

• (a) perform the duties of the DEC chairperson, if the DEC does not have a chairperson or the latter is unable to perform his/her duties…

Article 24, section (4) states:

In exceptional cases (…hospital and other in-patient institution with more than 50 voters, etc.), the election precinct may be set up no later than 15 days prior to the polling. A hospital (in-patient treatment institution), or a military unit (command) with no more than 50 voters (patients, military servants), shall, under the DEC ordinance, be assigned to the nearest election precinct…

Article 27, section (1) states:

The deputy chairperson of the PEC shall:

• (a) perform duties of the PEC chairperson if the commission does not have a chairperson or he/she is unable to fulfill his/her duties…

Article 31, section (5) states:

The general list of voters shall be composed based on data:…

• (f) provided by the Supreme Court concerning the persons, who have been declared incapable by the court…

Article 32, section (1) states:

Special list of voters shall include: …

• (b) voters undergoing treatment in a hospital or any other in-patient medical establishment and due to their health conditions not being discharged from hospital by the polling day. The list of these individuals shall be drawn up by the head of respective medical institution and submitted to the relevant DEC no later than on the 6th day before polling;

Article 33 states:

(1) The list of a mobile ballot box is drawn up based on general and special lists of voters if: a) a voter is unable to independently visit the polling premises due to limited capabilities or health conditions; …

• (c) a voter is in hospital for treatment or in any other inpatient medical facility with no polling station established in it;…

(2) In case a voter is unable to visit the polling place, he/she applies to the PEC with a mobile vote request at least two days prior to the polling day. The DEC transfers the information with regard to a voter undergoing treatment at the inpatient medical facility on the polling day to the relevant PEC no later than two days prior to polling….

(4) Number of voters stipulated in paragraph 1 (“a”) of this Article shall not exceed 3 percent of the existing voters in the general list of voters per election precinct. After reaching the maximum number of voters, the decision on adding more voters to the mobile ballot box list is made by the two-third of the respective DEC members attending the DEC session…

Article 65, section (3) states:

It is restricted for any other person to be present at the moment of filling out the ballot paper. A voter unable to fill out the ballot paper independently shall be entitled to ask any person for help in the secret polling booth except for:

• (a) a member of the election commission;
• (b) a candidate;
• (c) a representative of an election subject;
• (d) an observer.

Excerpts from the Election Code of Georgia (2011)

Article 28, section (2) states:

Citizens who have been found legally incapable by court or who have been deprived of their liberty by a court decision shall have no right to participate in elections and referenda, except persons having committed crimes of little gravity.

Article 54, section (2) states:

The office of an MP shall be terminated early if:...

• (c) the court recognizes the MP as incapable, missing, or dead;...
• (f) the MP fails to participate in the work of Parliament for a period of four months without good reason;...

Article 55, section (3) states:

The deputy chairpersons of Parliament shall perform the duties of the chairperson on his/her behalf in the case of the chairperson's disability or removal from office.

Excerpts from the Constitution of Georgia (1995, last amended 2010)