[CAVO] German law regarding electronic voting machines

Lawrence Rosen lrosen at rosenlaw.com
Thu Nov 26 18:13:19 UTC 2015


In 2009 the German Federal Constitutional Court banned certain electronic
voting machines:

 

"The use of voting machines which electronically record the voters' votes
and electronically ascertain the election result only meets the
constitutional requirements if the essential steps of the voting and of the
ascertainment of the result can be examined reliably and without any
specialist knowledge of the subject. [...] 

 

The voters themselves must be able to understand without detailed knowledge
of computer technology whether their votes cast are recorded in an
unadulterated manner as the basis of vote counting, or at any rate as the
basis of a later recount. If the election result is determined through
computer-controlled processing of the votes stored in an electronic memory,
it is not sufficient if merely the result of the calculation process carried
out in the voting machine can be taken note of by means of a summarising
printout or an electronic display. [...]

 

The legislature is not prevented from using electronic voting machines in
elections if the possibility of a reliable examination of correctness, which
is constitutionally prescribed, is safeguarded. A complementary examination
by the voter, by the electoral bodies or the general public is possible for
example with electronic voting machines in which the votes are recorded -in
another way beside electronic storage."

 

For more see

https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/200
9/bvg09-019.html

 

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