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IP1 (2004) 44 Strasbourg, 13 September 2004 Fourth and Final meeting of the
Room 7
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I. Opening of the meeting 1. The Chairman, Mr. José Manuel RODRÍGUEZ ÁLVAREZ (Spain) opened the fourth and final meeting of the Multidisciplinary Ad Hoc Group of Specialists on legal, operational and technical standards for e-enabled voting (IP1-S-EE) and welcomed the participants, especially those attending for the first time. The list of participants can be found in Appendix II. II. Objectives of the meeting 2. The Chairman recalled that the purpose of the meeting was to examine the draft recommendation and explanatory memorandum with a view to their approval by IP1-S-EE and their submission to the Ministers’ Deputies for adoption. III. Adoption of the draft agenda 3. The draft agenda (cf. Appendix I) was adopted. IV. Adoption of the report of the third meeting of IP1-S-EE
4. The report of the third meeting of the IP1-S-EE (document IP1(2004)30) was adopted. V. Decisions of the Committee of Ministers and other recent developments
5. The Secretariat recalled that the Integrated Projects were now in their third and final year. Participants were informed that confirmation had now been received that the Final Conference would be held in Barcelona (Spain) on 17-19 November 2004 at the invitation of the Spanish authorities and the Regional Government of Catalonia. Together with the presentation of the green paper on the future of democracy, the recommendations on e-voting and e-governance would be key elements of this conference. VI. Discussion of the Draft Recommendation on legal, operational and technical standards for e-enabled voting 6. Introducing this item on the agenda, the Chairman reminded participants that at the last meeting, agreement had been found on the vast majority of paragraphs in the draft recommendation and its appendices. He therefore proposed to limit the discussion to those paragraphs that had been left in square brackets in document IP1(2004)31, i.e. paragraphs No. III/7, III/8, III/51 and III/52. 7. After some debate, agreement was reached on the above-mentioned paragraphs as well as some other drafting issues raised by several delegations. 8. One delegation expressed its concern about the fact that in the appendices to the draft recommendation, the conditional was used, i.e. the term ‘should’ in the English version and the term ‘devrait’ in the French version. In the view of that delegation, this would make the statements in the appendices too weak, particularly as far as the French version was concerned. It would therefore have been very difficult for that delegation to approve the draft recommendation as it then stood. 8. Mr TITIUN of the Council of Europe’s Legal Advice Department informed the Committee that it was entirely their decision whether to use the terms ‘shall/must’ or ‘should’ in the text of the Recommendation and/or its appendices, the only condition being that the versions in both official languages of the Council of Europe, French and English must be identical. Using the term ‘shall’ in English was considered to correspond to using the present/future tense in French, ‘should’ to using the French conditionnel, i.e. ‘devrait’. 9. After careful consideration, it was agreed that the term ‘shall’ provided the appropriate level of language for the Appendices to the draft recommendation. The Appendices would thus contain a set of standards, formulated as free-standing statements, qualified by the recommendations issued in the body of the draft recommendation. 10. IP1-S-EE decided therefore that in the body of the draft recommendation the term ‘should’ (i.e. ‘devrait’ in French) was to be used. In the Appendices, however, the term ‘shall’ (i.e. the future tense in French) was to be used. 11. A duly modified version of the Draft Recommendation and Appendices taking account of the above-mentioned decision, was then reviewed and approved by IP1-S-EE who instructed the Secretariat to submit it to the Committee of Ministers with a view to its adoption. 12. The only exception was made with respect to paragraph (i.) of the body of the draft recommendation (“E-voting shall respect all the principles of democratic elections and referendums. E-voting shall be as reliable and secure as democratic elections and referendums which do not involve the use of electronic means. This general principle encompasses all electoral matters whether mentioned or not in the Appendices”). Here the term ‘shall’ was to be used, since a Recommendation (defined as a non-binding legal instrument, adopted unanimously by the Committee of Ministers) must not undermine standards set previously by conventions such as the Council of Europe Convention on Human Rights and Fundamental Freedoms. VII. Presentation and discussion of the Draft Explanatory Memorandum a. Draft Explanatory Memorandum on legal and operational standards (prepared by Ms Nadja Braun, EE-S-LOS co-ordinator for the explanatory memorandum)
13. After brief introductory statements by the two co-ordinators, the Committee examined the two parts of the draft explanatory memorandum (legal and operational standards: IP1 (2004) 34; technical requirements: IP1 (2004) 35), and suggested a certain number of modifications. 14. Subject to final revision of the texts by the co-ordinators and the Secretariat, the Committee approved the draft explanatory memorandum and instructed the Secretariat to merge the two parts into one document and to submit it to the Committee of Ministers with a view to its adoption.
15. The Committee examined and adopted the draft Final activity report prepared by the Secretariat (document IP1(2004)40) and instructed the Secretariat to submit it to the Committee of Ministers with a view to its adoption. 16. In accordance with paragraph (v.) of its draft recommendation, the IP1-S-EE Committee proposed that as a follow-up to the Recommendation that in order to provide the Council of Europe with a basis for possible further action on e-voting, within two years after the adoption of this Recommendation, the Committee of Ministers recommend that member states:
IX. Round table on recent developments in member states in the field of e-enabled voting 17. This item was not dealt with due to time constraints and delegations were invited to submit any information on new developments in the field of e-enabled voting to the Secretariat. Any information received would be included in the final meeting report. (Appendix III) X. Any other business 18. The Secretariat of the Venice Commission anounced that in January 2005, the first pan-European conference of electoral authorities would be held at the Council of Europe in co-operation with the French authorities and the European Commission. APPENDIX I AGENDA I. Opening of the meetingII. Objectives of the meetingIII. Adoption of the draft agenda IP1(2004) OJ 3 rev.IV. Adoption of the report of the third meeting of IP1-S-EE(Gran Canaria, 25-26 March 2004) IP1(2004)30 V. Decisions of the Committee of Ministers and other recent developmentsrelevant to the work of IP1-S-EEStatement by the Secretariat VI. Discussion of the Draft Recommendation on legal, operational andtechnical standards for e-enabled voting IP1(2004)31IP1 (2004) 23 rev. (English only) The IP1-S-EE Committee is invited to examine document IP1(2004)31 with a view to its adoption. Each delegation is therefore asked to study the document before the meeting and be ready to submit concrete drafting proposals that may be directly incorporated into the document at the meeting. VII. Presentation and discussion of the Draft explanatory memorandumAfter brief introductory presentations, the IP1-S-EE Committee will be invited to examine and comment on the two sections of the draft explanatory memorandum. Each delegation is invited to study the documents before the meeting and be ready to submit comments to the authors of the explanatory memorandum. a. Draft explanatory memorandum on legal and operational standards (prepared by Ms Nadja Braun, EE-S-LOS co-ordinator for the explanatory memorandum) IP1(2004)34 b. Draft explanatory memorandum on technical standards (prepared by Mr Michel Warynski, EE-S-TS President and co-ordinator) IP1(2004)35 VIII. Consideration of possible follow-up to the Recommendation after itsadoption by the Committee of Ministers and Draft Final Activity Report of IP1-S-EE IP1(2004)38IP1(2004)40IX. Round table on recent developments in member states in the field of e-enabled votingX. Any other businessAPPENDIX II LIST OF PARTICIPANTS ALBANIA/ALBANIE
ARMENIA/ARMENIE
AUSTRIA/AUTRICHE
Mr Gerhard KUNNERT, Federal Chancellery – Constitutional Service, Division V/3,
Mr Herbert LEITOLD, Secure Information Technology Centre Austria, Inffeldgasse 16a, A-8010 Graz Mr Gregor A. WENDA, Federal Ministry of the Interior (BM.I), Republic of Austria, Legal Affairs – III/1, Herrengasse 7, PO Box 100, A-1014 Vienna AZERBAIJAN/AZERBAIDJAN
Mr Rozvat GASSIMOV, Head of Division, Central Electoral Commission of the Republic of Azerbaijan, Rasul RZA 3, AZ 1000, Baku, Azerbaijan BELGIUM/BELGIQUE apologies/excusé BULGARIA/BULGARIE
CROATIA/CROATIE
CYPRUS/CHYPRE
CZECH REPUBLIC/REPUBLIQUE TCHEQUE
Mgr. Lucie RODOVÁ, Ministry of the Interior of the Czech Republic, U Obecního domu 3, 112 20 Prague 1 JUDr. Petra WAGNEROVA, Election law expert, General Administration Department of the Ministry of the Interior of the Czech Republic, Administration Section, U Obecního domu 3, 112 20 Prague 1 DENMARK/DANEMARK
Mr Björn ROSENGREEN, Head of Section, Ministry of the Interior and Health, Slotsholmsgade 10-12, DK-1216 Copenhagen, Denmark ESTONIA/ESTONIE
FINLAND/FINLANDE
FRANCE
GEORGIA/GEORGIE
GERMANY/ALLEMAGNE
GREECE/GRECE
HUNGARY
IRELAND/IRLANDE
LATVIA/LETTONIE
LIECHTENSTEIN
MALTA/MALTE
Mr Anthony SULTANA, Electoral Commission Malta MOLDOVA/MOLDAVIE
NETHERLANDS/ PAYS-BAS
Ms Maria GONZALEZ, apologies/excusé
Ms Marga GROOTHUIS, Ministry of the Interior and Kingdom Relations
NORWAY/NORVEGE
Ms Marianne RIISE, Adviser, Ministry of Local Government and Regional Development, Pb. 8112 Dep – 0032 Oslo Mr Jan Morten SUNDEID, Project Manager, Ministry of Local Government and Regional Development, Pb. 8112 Dep – 0032 Oslo ROMANIA/ROUMANIE
Ms Alina OROSAN, Attachée, Ministry of Foreign Affairs RUSSIAN FEDERATION/FEDERATION DE RUSSIE
Ms Olga BALASHOVA, Head of Section, International Department, CEC of Russia, Bolshoy Cherkasskiy pereulok 9, Moscow 109012 Mr Alexander KALININ, Chief Designer of the State Automated System “Vybory”, CEC of Russia, Bolshoy Cherkasskiy pereulok 9, Moscow 109012 Mr Roman OREKHOV, Interpreter, CEC of Russia, Bolshoy Cherkasskiy pereulok 9, Moscow 109012 Mr Viacheslav TRIFONOV, Head of Section, Legal Department, CEC of Russia, Bolshoy Cherkasskiy pereulok 9, Moscow 109012 Mr Leonid YUKHNEVICH, Ministry of Information Technologies and Communications, CEC of Russia, Bolshoy Cherkasskiy pereulok 9, Moscow 109012 SLOVAK REPUBLIC/REPUBLIQUE SLOVAQUE
SLOVENIA/SLOVENIE
SPAIN/ESPAGNE
Ms Ana Cristina LÓPEZ LÓPEZ, Head of the Scope of Electoral Cooperation, Ministry of Interior, (Sub Dirección General de Política Interior y Procesos Electorales) Deputy Directorate General of Internal Policy and Electoral Procedures, Amador de los Ríos 7, Madrid 28071 SWEDEN/SUEDE
Ms Anna KESSLING, Desk Officer, Ministry of Justice, Division for Democratic Issues & Human Rights, S-103 33 Stockholm Ms Kristina LEMON, Senior Administrative Officer, Swedish Election Authority, PO Box 4210, SE-171 04 Solna SWITZERLAND/SUISSE
M Michel CHEVALLIER, Chancellerie d’État, Case postale 3964, CH-1211 Genève 3 M. Danilo ROTA, Chef du développement, Service du traitement de l’information du Canton de Neuchâtel, Faubourg du Lac 25 , CH- 2001 Neuchâtel M Michel WARYNSKI, Chancellerie d'Etat, Case postale 3964, CH-1211, Genève 3 THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA/L’EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE
TURKEY/TURQUIE
UNITED KINGDOM/ROYAUME-UNI
Mr Paul ROWSELL, Head of the Democracy and Local Governance Division, Office of the Deputy Prime Minister, Eland House, Bressenden Place, London SW1E 5DU COUNCIL OF EUROPE OBSERVER STATES HOLY SEE/SAINT-SIEGE
OTHER COUNCIL OF EUROPE BODIES VENICE COMMISSION
OTHER ORGANISATIONS/AUTRES ORGANISATIONS ACEEEO
EUROPEAN COMMISSION
OASIS
MEMBERS OF THE SECRETARIAT FROM OTHER DEPARTMENTS Mr Pierre GARRONE, Head of Division, Secretariat of the Venice Commission, Division of Elections and Referendums, Mr Gael MARTIN-MICALLEF, Secretariat of the Venice Commission, Division of Elections and Referendums Mr Patrick TITIUN, DGI, Legal Advice Department SECRETARIAT IP1
Mr Michael REMMERT, Project Manager Ms Irena GUIDIKOVA, Project Administrator Ms Anne GODFREY, Administrative Assistant (Website) Ms Marjorie O’CONNELL, Assistant Ms Nathalie SCHELL, Assistant INTERPRETERS/INTERPRETES
Mme Rémy JAIN Mr Olivier OBRECHT APPENDIX III CURRENT DEVELOPMENTS IN E-VOTING IN MEMBER STATES AUSTRIA At present Austria’s Federal Constitution does not have any provision allowing electronically-enabled voting in federal elections. In addition, under the Federal Constitution, postal voting is only possible for Austrian citizens living abroad (expatriates). On 2 May 2003, however, a 70 member body, the so-called Austrian Convention (“Österreich-Konvent”), was founded. Under their auspices a wide range of proposals for reforming the Austrian state and the nation’s constitution are to be examined. Part of the remit of two of the ten committees is the question of postal and e-voting on a federal level. In May 2004 the Federal Ministry of the Interior (BM.I), in order to research and document various aspects of e-voting, established a working group on the subject. The group includes members from other ministries, scientists, regional authorities, and the private sector. The working group was launched regardless of possible later moves by the government or parliament in the direction of e-voting. Three sub-working groups - on legislative matters, technological matters, and international aspects - were set up. A report to the Federal Minister of the Interior illustrating the status quo and summarizing the findings of the working group is expected for late autumn of 2004. For the time being, legal provisions for e-voting are laid down in two federal acts concerning the Austrian Union of Students (“Österreichische Hochschülerschaft”) and the Austrian Chamber of Commerce (“Wirtschaftskammer”), respectively. A first test on remote e-voting via the Internet was carried out by a project team at the Vienna University of Economics and Business Administration in 2003. This was organized in conjunction with the general elections of the Austrian Students’ Union. Only a small group of students was selected to participate in this initial test; the results had no effect on the actual outcome of the elections. Subsequently, the same project team conducted a second test of its system amongst all 22,000 students of the Vienna University of Economics and Business Administration. This test took place simultaneously with the Austrian Presidential Elections on 25 April 2004. After proper registration the students were able to cast a fictional vote for either of the two Federal Presidential candidates. The Austrian Federal Act on E-Government (Federal Act on Provisions Facilitating Electronic Communication with Public Bodies - E-Government Act) entered into force on 1 March 2004 and provides – in addition to the residents’ register - for the creation of a supplementary electronic register. Today’s centralized electronic residents’ register may form the core for a future electronic voters’ register as dealt with by the Council of Europe. NORWAY The Ministry of Local Government and Regional Development approved pilot schemes in three municipalities at the 2003 local elections. Voting in the pilots was carried out on voting machines in the polling stations using touch screens.
SPAIN LATEST NEWS CONCERNING ELECTRONIC VOTING IN SPAIN On 10 August 2004, the Spanish Prime Minister, José Luis Rodríguez Zapatero, and the First Deputy Prime Minister, announced that in September the government will consider modifications to the law on general elections and the law on referendums with a view to introducing the possibility of using remote electronic voting (via the Internet) in the referendum on the European Union Constitution which will take place in Spain in February 2005 (« El País », 11 August 2004, p. 14). The main opposition party, the People’s Party, announced its general agreement with this initiative. Both the Prime Minister’s office and the Socialist Party expressed their support of holding preliminary talks with managers of INDRA, one of the leading enterprises in the field of applied information and communication technologies. INDRA, whose e-voting system has been already used in Brazil, has confirmed the feasibility of the government’s project. The project, however, is not without its opponents. Professeur Fernando Vallespín, President of the Centre for Sociological Research attached to the Prime Minister’s Office, declared on 11 August that Spain still lacks “both the appropriate technology and the means” for Internet voting, and that at present no “effective security mechanisms” exist for this type of voting. The Professor’s statements are probably motivated by a concern with a possible digital divide as he also underlined that Internet use in Spain is still “very marginal” which leads to a certain “asymmetry “ among citizens. He added that electronic voting “gives an advantage to those who have access at home while the others need to go out [to the polling stations]”, which amounts to “inequality among citizens” ( « El Mundo », 12 August, p. 12). Despite his views which are indeed rather debatable (a few Spanish companies are at the cutting edge of technology in this field and electronic voting does not prevent voting in traditional ways – in polling stations or by mail), Professeur Vallespín is not radically opposed to electronic voting but considers it simply a “question of time”. He states that “no doubt in the future, when sufficient guarantees exist for the voters [in terms of security, confidentiality etc.] it will be accepted “ (ABC, 12 August 2004). Madrid, 13 August 2004 Deputy Director General for Institutional Relations
José Manuel Rodríguez Álvarez SWITZERLAND 1 E-voting in Switzerland The Swiss e-voting project has made substantial progress over the last two years. It is supported by the Confederation and involves three pilot projects conducted in the cantons in co-operation with the Federal Chancellery. Once the trial period has ended and each pilot canton has successfully completed an e-voting trial in a federal poll, the projects and their results will be evaluated. On the basis of this evaluation, which will be conducted by 2007, the Federal Council (government) and Parliament will decide whether e-voting will be introduced throughout Switzerland. 2 Pilot projects The e-voting pilot projects are being conducted in the three cantons of Geneva, Neuchâtel and Zurich. Each of these cantons is developing its own project. The text below describes the current state of the relevant projects. 2.1 Geneva At its sitting on 23 June 2004, the Federal Council authorised the canton of Geneva to use its Internet voting system for the federal referendum on 26 September. Following four municipal polls held between January 2003 and June 2004 at which voters in the municipalities concerned were able to vote online, the Federal Council decided that the project could now move on. The four municipalities that have already voted online on an individual basis will therefore be able to do so again, but this time together during a federal poll. That represents a potential of 22 000 voters, or 10% of the electorate in the canton of Geneva. The poll will involve four federal referendums and two cantonal referendums. Voters will have three options for voting: online, by postal vote or at polling stations. On the occasion of the poll, a telephone survey of a representative sample of voters in the four municipalities concerned will be conducted to test the neutrality of the e-voting system with regard to the results. In October, the municipality of Vandoeuvres (approximately 1 500 voters) will offer online voting in a municipal referendum. Thereafter, Geneva intends gradually increasing the number of voters with access to online voting. Every time a federal poll is held (four times a year), the number of municipalities where e-voting is available will be increased, subject to the approval of the federal authorities in each case. From the technical point of view, Geneva is in the development phase of the second version of its application. It will be based on the same infrastructure and the same architecture, but emphasis will be placed on better integration and co-ordination of the various elements (database, servers, firewall), optimum parametrisation and the creation of atypical configurations for the various elements so as to establish a totally new and unknown environment for possible hackers. Lastly, transactions are going to be made more secure, probably through the provision of a java applet for voters. 2. 2 Neuchâtel The e-voting project of the canton of Neuchâtel, which is supported by the Confederation, is part of a broader e-governance programme. This involves the establishment of a secure one-stop portal for all government authorities in Neuchâtel. The Internet-based system will have a robust user authentication infrastructure. Framework legislation defining the rights and obligations of all the partners will be tabled in the Neuchâtel Parliament in October 2004. The strict authentication process will be based on authentication of the signature of each user of the secure one-stop portal. The system will offer a whole range of services to meet the needs of citizens and business. The services will be grouped together under individual headings such as taxation, mobility, insurance, online democracy, etc. Users will be able to consult personal data and initiate transactions. The e-voting service will enable voters to take part in elections and referendums at federal, cantonal and municipal level. There are four key aspects in the canton’s e-voting project:
The planning for the project includes the following stages:
2.3 Zurich Zurich is a highly decentralised canton with 171 self-governing municipalities that each manage their own inhabitants’ and voters’ rolls. For several years, the canton of Zurich has been working to harmonise them and produce a virtual voters’ roll. This will be created on the basis of the municipal voters’ rolls each time voting takes place. The municipalities will retain responsibility for managing and updating their voters’ rolls. In addition to Internet voting, the canton of Zurich is considering testing e-voting (referendums and elections) by mobile phone (text messages). In general terms, the Zurich system is designed to be adapted to various terminals, in line with developments in technology. In the case of mobile phone voting, guaranteeing security and developing a simple and user-friendly interface are major challenges. The canton of Zurich is working on these aspects at present. The canton of Zurich has commissioned a commercial partner to develop its e-voting system. The relevant contract was signed in spring 2004 and co-operation has therefore begun. As far as e-voting is concerned, the canton of Zurich plans the following:
Berne, July 2004 |