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Observation of e-enabled elections

This workshop examines the purpose, challenges, and methods of observing e-enabled elections, with a focus on ensuring transparency, verifying results, and addressing concerns over electronic security. Topics include access for observers, the role of paper trails, open source code, and the accountability of vendors and election officials.

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Observation of e-enabled elections

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  1. Observation of e-enabled elections Jonathan Stonestreet Council of Europe WorkshopOslo, 18-19 March 2010

  2. Purpose of election observation? • Different actors: • international organizations • political party/candidate representatives • non-partisan civil society groups • Different objectives: • Determine facts; assess process against international standards; make recommendations • Ensure election is in accordance with law; complaints • Political participation; citizen control over elections • Common denominator Transparency 3

  3. Definition of observation • Election observation is the ability to verify independently that electoral and other authorities respect the law and/or international standards and that claims made by the authorities are true • Election observation is a practical exercise of the principle of transparency implicit in the conduct of democratic elections • Observation ≠ certification or auditing

  4. OSCE Copenhagen Document 1990 • (7.4) “ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public;” • (8) “…the presence of observers, both foreign and domestic, can enhance the electoral process …. [The OSCE participating States] therefore invite observers from any other participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national election proceedings…” • Transparency is implicit in these commitments 3

  5. Venice Commission Code of Good Practice • Principle of Free Suffrage: - 3.2. Freedom of voters to express their wishes and action to combat electoral fraud • “iv. electronic voting should be used only if it is safe and reliable; in particular, voters should be able to obtain a confirmation of their votes and to correct them, if necessary, respecting secret suffrage; the system must be transparent;” • “xiii. counting must be transparent. Observers, candidates' representatives and the media must be allowed to be present. These persons must also have access to the records;”

  6. Council of Europe e-voting recommendation, 2004 • “…only those e-voting systems which are secure, reliable, efficient, technically robust, open to independent verification and easily accessible to voters will build the public confidence which is a pre-requisite for holding e-voting…” • “i. e-voting shall respect all the principles of democratic elections and referendums. E-voting shall be as reliable and secure as democratic elections and referendums which do not involve the use of electronic means…” 3

  7. 2004 Rec: Standards • 23: “Any observers, to the extent permitted by law, shall be able to be present to observe and comment on the e-elections, including the establishing of the results.” • 108: “The audit system shall provide the ability to verify that an e-election or e-referendum has complied with the applicable legal provisions, the aim being to verify that the results are an accurate representation of the authentic votes.”

  8. E-voting – what can be observed? • Context of electronic voting • Background for introduction • Previous legal challenges • Access of observers • Confidence of political parties and voters

  9. E-voting – what can be observed? • Cycle of events and activities • legal framework • setting of standards/requirements • certification and testing • system management • physical security • accessibility, usability, ballot design • education of voters and officials • adherence to election day procedures • complaints and appeals • post-election audits 2

  10. Challenges to observation • There are crucial aspects of the e-voting process cannot be directly observed • electronic security of the system • secrecy of the electronic ballot • casting, storing, and counting the electronic ballot 4

  11. How to ensure transparency? • For transparency, evidence is needed • Access to system documentation and certification and audit reports However….. • For casting, storing and counting ballots, the system must provide proof that voter choices are respected • At present, no purely electronic solution that can “verify that the results are an accurate representation of the authentic votes” (also respecting secrecy of vote)

  12. Voter-Verified Paper Audit Trail (VVPAT) / Scanned Ballots • Paper record of each vote, checked by voter, which can be audited or recounted • Raises questions: • when does an audit or recount take place? • what happens if there is a discrepancy between the electronic and paper records? • what is the legal ballot? • VVPAT not a solution to the observability problem if • rarely or never audited • leads to an unclear result 3

  13. Other Issues • Open source code • Role of and accountability of vendors and election officials • Remote e-voting

  14. How to facilitate observation of electronic voting? • Legal framework • Access to documentation and reports • Testing • Observer training • VVPAT and audits • Open source codes? • Transparency should be a defining principle of any electronic voting system, just as it should be in paper ballot systems

  15. Questions?

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