Voting is the cornerstone of democratic societies, ensuring that citizens have a voice in their governance. Over the years, the methods and technologies used for voting have evolved significantly, bringing about various implications. For example, voting machines can offer interfaces in various languages and accessible options for voters with disabilities. New technologies can provide more secure methods for voter identification and ballot encryption, reducing the risk of fraud and ensuring the integrity of the voting process. With new technologies comes new risks. As more voting systems become digital, they also become potential targets for cyber-attacks. This includes hacking attempts, data breaches, or the spread of misinformation to influence voter behavior. This article explores the journey of voting technology from its early days to the present, highlighting the legal challenges and considerations that have accompanied each advancement.
Early Voting Methods
In the early days of democracy, voting was a simple yet flawed process. Voice voting, where voters would publicly declare their choices, was common. This method was prone to intimidation and lacked privacy, leading to numerous legal challenges regarding voter coercion and fraud. It is the opposite of the notion of a secret ballot, which ensures that voters can cast their votes without fear of coercion or reprisal.
The introduction of paper ballots in the late 1800s marked a significant improvement for voters concerned with privacy. This ballot system originated in Victoria, Australia, in 1856. Paper ballots provided a more secure way to vote, but they also brought about new legal issues. Early paper ballots often had confusing layouts, making it difficult for voters to understand where and how to mark their choices. This could lead to unintentional voting errors, such as overvoting (selecting more candidates than allowed) or under voting (not selecting the required number of candidates). In some instances, ballots were either incorrectly printed, missing candidate names, or containing errors in the list of choices. This could disenfranchise voters or lead to disputes over election results. Ensuring the integrity of the ballots, preventing tampering, and establishing standardized procedures for counting votes became critical concerns.
Mechanical Voting Machines
The late 19th century and early 20th century saw the advent of a variety of mechanical machines, which aimed to streamline the voting process and reduce human error. While this technology improved efficiency, it also required new standards and regulations to ensure accuracy and prevent tampering.
Punch Card Systems
The mid-20th century introduced punch card systems, which became widely used due to their simplicity and cost-effectiveness. Voters would punch holes in cards to indicate their choices, which were then counted by machines. However, the infamous 2000 U.S. presidential election highlighted the vulnerabilities of this system. The “hanging chad” controversy, where partially punched cards led to ambiguous votes, underscored the need for clear standards and reliable technology.
Optical Scanning Systems
In response to the shortcomings of punch card systems, optical scanning systems gained popularity in the late 20th century. With this method, voters would fill out paper ballots, which were then scanned and counted by optical scanners designed to read the marked ballots. This optical mark recognition system dates to the 1950s and was commonly employed with standardized tests. This technology again improved accuracy and speed but still had its fair share of errors. For example, some scanners have a row of photo-sensors which the paper ballot passes by, and they record light and dark pixels from the ballot. Other scanners work by scanning the ballot to create an electronic image (i.e. a picture) of the ballot. Then, the resulting image (picture) is analyzed by internal software to discern what votes were cast. In these types of vote tabulators, any defect in the scanning apparatus, such as dirt, scratches on the lens, or chads of paper, may mar the image of the ballot.
Direct Recording Electronic (DRE) Systems
The early 21st century saw the rise of Direct Recording Electronic (DRE) systems, which allowed voters to cast their votes electronically. DRE systems offered numerous advantages, including faster vote counting and reduced paper waste. However, they also raised significant security and legal concerns. Ensuring the accuracy and security of electronic votes became paramount, leading to the enactment of the Help America Vote Act (HAVA) of 2002. HAVA aimed to improve the administration of elections by establishing new standards for voting systems and providing funding for states to upgrade their voting technology.
Internet and Mobile Voting
As technology continued to advance, the concept of internet and mobile voting emerged. These technologies offer the potential for increased accessibility and convenience, particularly for remote or disabled voters. However, they also present substantial legal and security challenges, including:
- Ensuring the integrity of online votes.
- Protecting against cyberattacks.
- Maintaining voter privacy.
In 2021, computer security professors and professionals began meeting at the University of California Berkeley to create a list of standards for how ballots could, eventually, be safely returned online. In the end, they concluded that secure internet voting is still impossible with the current state of technology. Despite the risks, some jurisdictions have proposed or already implemented online voting measures ahead of the technology to manage it securely (See, e.g., Washington HB 1475, West Virginia Online voting portal, Utah’s Voatz app, etc.).