Key Considerations: Legal and Procedural Framework

For Implementing Bodies 

  • Are the electronic voting and counting technologies in compliance with the constitution and/or electoral legislation?
  • Are suggested electronic voting and counting technology solutions in line with international and emerging standards?
  • Is the timeline for preparation of voting and counting systems clearly outlined in the legal framework?
  • Are requirements included for the testing of voting and counting technologies prior to their use in the elections?
  • Is an audit trail legally mandated, and if so, is the nature of the audit mechanism specified and is the type of audit, timeframe and scale of audit clearly identified?
  • Have conditions under which audits and recounts are to take place been identified? 
  • Are there specifications for dealing with a situation in which the audit produces a different result than by an electronic voting or counting machine?
  • Does the legal framework include specifications for how electoral data will be stored, and the timeframe and procedures for deletion of electronic data in accordance with existing data protection legislation?  
  • Does the legislation address identification/authentication issues if they are being incorporated into the electronic voting process?

For Oversight Actors

  • Are the electronic voting and counting technologies in compliance with the constitution and/or electoral legislation? Are they in line with international and emerging standards?
  • Is the appropriate secondary legislation in place to accommodate the implementation of electronic voting and counting and the processes associated with such technologies?
  • Are transparency mechanisms included and clearly defined in the legal framework, such that oversight actors have sufficient access to the new processes associated with the technologies?
  • During the electoral legal framework reform process, has the election management and/or legislative committee consulted political parties and civil society on the ways in which the legislation needs to be changed? 
  • After the legal framework has been revised , have parties and civil society been briefed on the reforms enacted pertaining to election technologies?
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