Legality, separation of powers, stability of electoral law: The impact of new voting technologies (original) (raw)
Related papers
Potential and challenges of e-voting in the European Union.pdf
Study Report, 2016
This study was commissioned and supervised by the European Parliament’s Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee. It addresses the potentials and challenges of the implementation of Internet voting in European Parliament elections. It considers the social, political, legal, and technological implications of its introduction as an alternative to on-paper ballot and builds on the recent experience of previous trials and successful e-enabled elections to issue technical recommendations regarding Internet voting in the European Union.
2016
The Council of Europe 2004 Recommendation on e-voting (Rec(2004)11) is a soft law instrument containing legal, operational and technical standards for e-voting. An ad-hoc Committee of Experts on E-voting (CAHVE) started work on its update in 2015. This paper focuses on the place of Rec(2004)11 in the regulatory framework for e-voting as well as on issues related to its update. We discuss the main results of the first phase of the update and some specific legal questions related to the use of information and communication technologies (ICT) in elections. The main challenge for such an instrument is to fully and correctly translate broader principles of the European Electoral Heritage into standards and requirements for e-voting that remain pertinent as technology evolves.
Potential and challenges of e-voting in the European Union
2016
This study was commissioned and supervised by the European Parliament’s Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee. It addresses the potentials and challenges of the implementation of Internet voting in European Parliament elections. It considers the social, political, legal, and technological implications of its introduction as an alternative to on-paper ballot and builds on the recent experience of previous trials and successful e-enabled elections to issue technical recommendations regarding Internet voting in the European Union.
Recommendations of the Council of Europe regarding electronic voting
2019
The aim of the study is to present the achievements of the Council of Europe in the field of electronic voting. The author presents the circumstances that led to the formulation of recommendations regarding evoting within the Council of Europe. In the main part of the study, however, the author analyzes the part of the recommendations that relate to legal aspects, namely the rules of suffrage. In summary, he points to the growing role of the recommendations under study which are more and more often cited by various authorities.
2017
The Council of Europe is the only international organization to have issued recommendations on the regulation of the use of e-voting. The 2004 Recommendation to member States, Rec(2004)11 and the two 2010 Guidelines on certification and on transparency were recently repealed and replaced by Rec (2017)5 on Standards for e-voting and the associated Guidelines on its implementation. We discuss the 2017 Recommendation and the main novelties introduced by it. The Recommendation extends the definition of e-voting to include pure e-counting. It enlists 49 standards which set objectives that e-voting should fulfill to comply with the principles and conditions for democratic elections of the European electoral heritage. Detailed guidelines for the implementation of the objectives are collected in a lower level document, the Guidelines on the implementation of the provisions of Rec(2017)5. The guidelines are expected to be completed through further work. The main differences between the old a...
Electronic Voting: Constitutional and Legal Requirements, and Their Technical Implications
This paper provides a systematic overview of the major constitutional and legalaspects of e-voting, together with their technical implications. All democracy-oriented legal and constitutional requirements of an Internet-based voting system are identified. Such a voting system has to comply with these, in order to encourage and promote the participation of citizens, without violating any of their fundamental rights (privacy, anonymity, equality, etc.).
A proposal for an e-voting system and its legal consequences
2013
In this paper we present a framework for conducting electronic elections over the web taking into consideration the legal consequences. The proposed system has to be based on open source software with its own security protocol. It will be an alternative and practical solution to existing e-voting systems applications not only for communities, universities and organizations but for national and communities elections as well. Key-Words: E-voting, Electronic Election Systems, Requirements, Types, Legal Aspects, Technical Aspects