When the Chartists demanded universal suffrage for the British people in 1839,
they also proposed the use of voting machines. The advance in voting technology
since that early proposal has been extraordinary. Today, various forms of electronic
voting technology are routinely used in the casting or counting of votes in several
of the world’s largest democracies, and many more countries are using such
technology on a smaller scale.
The technology used to count votes is rarely a major subject of public debate
except after close elections. This was the case after the 2000 election in the United
States, and after the elections of 2004 and 2013 in Venezuela, both of which are
discussed here. The court cases following these and other elections are fascinating,
but in many cases, the most telling lessons arise not from what the courts have
decided, but from the evidence the courts ignored or overlooked.
The use of technology in elections is a fascinating example of the interaction
between technology and public policy. How the law responds to advances in
technology is worthy of study, and here, we see examples of a variety of responses.
In most of the countries discussed here, technology has been the driving force,
while the courts and legislatures have acted only in response to technological
change. The chapters on Argentina and France are noteworthy illustrations, but
most of the countries discussed here fit this pattern.
The legal landscape surrounding electronic voting is quite varied. In some
countries, a uniform voting system is used nationwide. Brazil and India are
noteworthy examples discussed here. In other places, there is considerable
local autonomy, with a variety of different systems in use. Argentina, France,
Switzerland and the United States are notable examples.
In the United States, mechanical voting machines were used to count the
majority of the votes cast 90 years ago, and almost all of the votes cast today
are counted electronically. The precedents set by the use of mechanical voting
machines have also played a role in France and Germany. In contrast, Australia
and Austria have been very conservative, making only limited and comparatively
recent use of electronic voting.