E-Voting Case Law

Ardita Driza Maurer is a jurist based in Switzerland. She specializes in political rights and new voting technologies and works as an independent consultant. Ardita was previously a member and director of the Swiss federal internet voting project at the Swiss federal Chancellery. She currently provides legal expertise to ongoing work on the update of the Council of Europe Recommendation Rec(2004)11 on legal, operational and technical standards for e-voting. Jordi Barrat is a senior lecturer at the Faculty of Law of the University of Catalonia/URV. He holds a PhD on constitutional law (León, Spain, 1997). His research is focused on electoral matters, namely e-voting issues. He is the director of EVOL2 / eVoting Legal Lab (http://evol2.wordpress.com). He has been an international electoral observer and assistant in a number of different countries (e.g. France, Norway, Belgium, Montenegro, Venezuela, Mexico, Honduras, Costa Rica) and has provided legal consultancy on electoral matters for different international institutions (e.g. Council of Europe, OSCE/ODIHR, IDEA, OAS, IFES).

"If e-voting is the future, we need a path to it. There is no single route, however, with cost, reliability and the voting experience to be juggled. This collection draws together expert insights from across the globe, as a rich resource for those navigating the way." - Graeme Orr, University of Queensland, Australia, and author of Ritual and Rhythm in Electoral Systems "This is a significant contribution to the debates about electronic voting that are taking place in democracies across the world. Decision-makers seeking to balance key electoral principles - accessibility, security, trust, transparency, cost - must also understand the fundamental legal issues; and this book provides a fine overview." - Peter Wardle, The Electoral Commission, UK "In this very important book, the editors have put together a timely and highly needed discussion of legal decisions on the use of Information and Communication Technologies (ICT) in electoral matters. They have collected experiences from around the world, and deliver a systematic overview to the question of what requirements the judiciary puts forward to democratic innovations using ICT. This book has to be considered the upcoming standard reference for scholars and practitioners alike working or interested in the topic." - Robert Krimmer, Tallinn University of Technology, Estonia "In this book, renowned experts report important experiences of using electronic voting across different countries. The complexity of the matter is evidenced by the various reports of irregular occurrences that threaten basic constitutional principles involving electoral matters, such as transparency and security. The book contributes greatly to the subject of debate by revealing aspects usually omitted by governments and unknown by the media." - Luiz Fernando Martins Castro, Law and Informatics Commission of the Brazilian Bar Association (OAB/SP) "This significant and useful book provides a neutral and comprehensive analysis of e-voting case law worldwide. I highly recommend it as necessary reading for those willing to implement this type of technology." - Héctor T. Hernández, CPCIPC researcher, Córdoba, Argentina

• Chapter 1 E-Voting, ArditaDriza Maurer; Part I The Principles; Chapter 2 Germany, SebastianSeedorf; Chapter 3 E-Voting in Austria, MelinaOswald; Chapter 4 Legal Aspects of E-Voting in Brazil, Amílcar BrunazoFilho, Augusto TavaresRosa Marcacini; Chapter 5 E-Voting Case Law in India, RishabBailey, RohitSharma; Chapter 6 A Judicial Approach to Internet Voting in Estonia, ÜlleMadise, PriitVinkel; Part II The Regulations; Chapter 7 The French Conseil Constitutionnel and Electronic Voting, JordiBarrat; Chapter 8 E-voting Case Law in Argentina, José MaríaPérez Corti; Chapter 9 Internet Voting Case Law in Finland, JussiAaltonen; Chapter 10 The Internet Voting Project in the Mexican Courts, JordiBarrat; Part III Back to Politics; Chapter 11 E-Voting Case Law, BeatKuoni; Chapter 12 Electronic Voting Law in the United States, Daniel P.Tokaji; Chapter 13 Electronic Voting in Australia, GregTaylor; Chapter 14 Venezuela, Rubén MartínezDalmau; Chapter 15 Conclusions, ArditaDriza Maurer, JordiBarrat;