German Court Bans E-Voting As Currently Employed
Kleiba writes "The highest German Court (Bundesverfassungsgericht, Federal Constitutional Court) ruled that electronic voting machines like Nedap ESD1 and ESD2 are not permissible in Germany. Der Spiegel, a well-known German newspaper, is featuring article on today's decision (in German; Babelfish translation here) which was the result of a lawsuit by physicist Ulrich Wiesner and his father Joachim Wiesner, a professor emeritus of political science. The main argument against the voting machines in the eyes of the Court is that they conflict with the principle of transparency. 2009 is a major election year for Germany, with parliamentary elections in the fall." Reader Dr. Hok writes "Voting machines are not illegal per se, but with these machines it wasn't possible to verify the results after the votes were cast. The verification procedure by the German authorities was flawed, too: only specimens were tested, not the machines actually used in the elections, and the detailed results (including the source code) were not made public. The results of the election remain legally valid, though."
suddenoutbreakofcommonsense ?
Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
The highest German Court (Bundesverfassungsgericht, Federal Constitutional Court)...
Gesundheit!
while those nedap voting machines were easy to use (i voted using them four times), they were so insecure (you would need three guys and one minute of time to hack them as this youtube video shows) that they were already banned in their home country a year ago.
"It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
I don't understand why they don't make these things punch out an internal hard copy like on a reel of paper inside for purposes of auditing and having a hard copy.
that makes me wonder: how hard is it to hack a piece of paper and a pen? if you have the means and a set objective, you can "hack" anything. And you don't even need a computer to do so.
OK, maybe I'm naive and all elected officials are "evil" (tm) and continually scheming to become dictators, but this whole electronic voting thing keeps coming up over and over and over. Seriously, are elected officials really that stupid that they can't see the problems that keep coming up? (yeah, I know, somebody is going to reply to this with "yes"... I really don't believe it though). It seems like there is some kind of mental illness that takes over when people are elected that causes blinders to be put on that don't allow people to see the NEGATIVE consequences (or possible negative consequences) of the laws that they pass. This is basic CIVICS & history. In the US, members of congress don't even read the bills that they vote on anymore... how is this happening?
Is there something broken in the system that is causing this?
Karma: Excellent. 15 moderator points expire sometime.
Experts on the radio said after they got banned in the Netherlands it would only be a matter of time. Nice to see that confirmed. The real question is whether this'll keep. Will they decide to ban e-voting altogether or implement the secure solution that the EU sponsored? Or will they decide that's more trouble than it's worth and reinstate e-voting using equipment that looks different but is not substantially more secure? The judgement leaves enough wiggleroom.
Mod parent up. This guy obviously needs as much help as he can get........
Electronic voting machines are a mistake. While we say that they should be as easy and secure as ATMs, and they should be, but what most people don't see is that ATMs are not easy.
A large segment of the voting population, in the U.S.A. anyway, does not use ATMs because they are hard to use and confusing. ATMs are an "opt in" technology. Banks still have tellers and branches.
yes, over time as the population gets accustomed to technology, electronic voting may make sense. Maybe in a generation or two. Right now, it excludes the elderly or Luddite population. My brother in-law is 40, and he doesn't use ATMs and doesn't own a computer!!
Sure we can argue that maybe they shouldn't vote, but that is a different conversation.
It's harder to discard tons of paper than to change a number on a digital medium or in memory.
"Federal Constitutional Court stops usage of voting computers
Until further notice, German voters will vote with pen and paper: The Constitutional court has declared the voting machines used e.g. in the last Federal election illegal. The current technology had defects and was hard to control[, the court said].
Karlsruhe. - The approx. 1800 devices with which around 2 mio. voters have voted in the Bundestag election of 2005 contradict the principle of public election [The Principle that votes are counted in public., note of translator], it said in the verdict delivered on Tuesday.
However, as there were no hints of errors, the election itself remains valid, the court in Karlsruhe decided. It can hence be expected that the elections this year will be carried out with paper and a pen.
With the decision on Tuesday, two complains were mostly successful. The appeal complained about several flaws in the machines which, according to the plaintiffs, violate secret voting and democratic control over the couting.
The Vice president of the Federal Constitutional Court, Andreas VoÃYkuhle, stressed that e-voting isn't completely banned now. However, the currently used machines had flaws. "The tenor of the decision could lead to the conclusion that the court was hostile towards technology and misconceived the challenges and possibilities of the digital age.", VoÃYkuhle said. But this was not true. The use of voting machines would indeed be possible. "Nor has the court banned possibilities of internet voting."
Approx. 2 mio. voters haven't voted with a pen and a ballot in the 2005 election, but instead with a voting machine.
The electronic voting devices were used in 39 of the 299 voting districts all over the country, precisely in the states of Brandenburg, Hesse, Nordrhine-Westphalia, Rhineland-Pfalz and Saxony-Anhalt.
The Nedap voting machines common in Germany were used for the first time during the 1999 EP election and recently in a municipal election in Brandenburg in September 2008. The decision of the Federal Constitutional Court was aimed at the computers Nedap ESD1 and ESD2.
The plaintiffs were the physician Ulrich Wiesner and his father Joachim Wiesner, a retired policital scientist. In the name of the plaintiffs, Prof. Wolfgang LÃwer from Bonn critizised in the hearing in October that the voters would have to have "blind faith" towards the electronic ballots. "We are concerned about a vacuum of control after the act of voting." This endangered the principle of a public election. In a traditional ballot election, the citizens can be present during the counting of the ballots. Justice Rudolf Mellinghoff, who was the primary responsible judge in the case, then [in October] asked about the possibility to make the computer election more traceable through a printed ballot.
Experts say that modifications of the software could generally be discovered afterwards, but hardware modifications - i.e. on the actual device - were hard to discover, JÃrn Müller-Quade from the European Institute for System Security said. Such manipulations were demonstrated by the Chaos Computer Club.
Voting machines have been used in several countries for years. Especially in the USA, they are very common despite known flaws in elections. Especially punchcards are wide spread over there and played a major role in the problems of the Presidential election of 2000 in Florida."
Most paper ballots in the US are counted electronically, and still have a paper trail. That's the best of both worlds. The voting system right now in the US is fast, simple, and familiar. There is NO reason to complicate things by adding touchscreen machines of any other kind of nonsense. Like the German supreme court realized, all it does is complicate things and increase the opacity in the voting process.
For one, I'm proud to live here.
The higher courts in Germany are very often quite smart and experienced at cutting through the bullshit and finding (and then ruling on) the actual matter. There are actually several such "highest courts", since only certain matters can go to the BVG, and in most areas of the law the specialist top-court is just that. In the words of one judge of the BAG (the highest court for labor law): "Above us, there's only god".
This is another fine piece. If you can read german, I strongly recommend reading the full reasoning once its out.
Assorted stuff I do sometimes: Lemuria.org
Since https has been recently cracked, I'm all for it.
\\//_ Live long and prosper.
Gesundheit
http://www.bundesverfassungsgericht.de/entscheidungen/cs20090303_2bvc000307.html
only for people that can not only read but understand german legalese, though.
For a short easier-readable version: http://www.bundesverfassungsgericht.de/pressemitteilungen/bvg09-019.html
Seems to be a 7-0 vote, too. That's quite rare.
Everyone knows that votes are counted in electronic voting. Can anyone say, with full conviction that they have not been tampered ? Anyone ? that would have to be a moron because, chain of custody of the hardware and software is never established in a evoting scenario. Therefore, the vote tally and the voting results are not legally admissible in a court of law. If you want to know if voting has been tampered with - just look at the candidates in the contest. You'll know the results right away. That and the eloborate re-districting being undertaken as a ruse to taking out the good guys. Just use paper. The trouble of counting votes is worth it - for the sake of your liberty and freedom