Re: [claw-in] Electronic Voting and Cyber Law Compliancy
Naavi's argument of a part electronic, part paper document is imaginative, but may not hold up in court. Is
an electronic vote a legal document in the spirit of ITA 2000? Doubtful. The voter did not sign the paper
ballots cast, so there is no reason why she should be required to do so electronically. Besides, we do have a
legal history in this matter already.
Early on in the electronic voting controversy, the matter was taken to court. Apparently, paper ballots
had, decades ago, been written into the law. The court agreed (was it the Kerala High Court?), upon which
the law was changed, actually permitting electronic voting. Perhaps our lawyer friends on the list have
access to the appropriate law? I do not see how ITA 2000 negates this.
On this basis, I would submit, electronic voting per se is legal. Until I see something different in the
actual law, I must assume that the EVMs in current use are legally ok.
However, I think all of Naavi's objections would be addressed sufficiently, if there were a paper trail. If
the voter verifies a piece of paper with his vote as cast, then what we have is a system little different from
the existing: instead of using a stamp and ink, he has pushed a button. That the information is also
recorded electronically, is merely a convenience in counting: in case of doubt, the paper vote would be
the legally binding.
If, in addition to debating the legal aspects, if others are willing to join in demanding, that by the next
elections, our EVMs must also produce a paper trail, I would be happy to participate in an approach to the
Election Commission, and also try to rope in other civil liberties activists.
> ------------Original Message------------
> From: naavi@...
> Let me explain why I am coming to the conclusion that EVMs may not be complying with ITA-2000. I do not have
the information on the exact functioning of the EVMs and therefore I am constrained to pass only remarks