The case for banning the EVM rests on the 6 main points:
- There are lacunae in the technology implementation. Annexure I lists out the various lacunae in the entire electronic voting process. It highlights the various vulnerabilities that result from the existing technology- not just the political and operational process. These vulnerabilities result from the public databases, the private databases, the EVMs, the mechanics of tracking votes using technology, the secrecy of the process and the reform agenda.
- There is mounting evidence highlighting the failure of transparency, verifiability and fidelity of the process.Annexure II lists out the various facts and artifacts that resulted during the 2009 Election for the 14th Lok Sabha in each of these areas and highlight the failure to ensure the transparency, verifiability and fidelity of the process.
- The system is not designed to distinguish a machine vote from that cast by a human. Annexure III explains the inability to distinguish human votes from machine votes thus not being able to certify that the votes polled by a candidate as being the votes cast by voters for the candidate.
- There are several ways to have machines (software) cast votes on EVMs. Annexure IV lists a few of the many ways in which machine votes may be cast by an EVM.
- EVM’s have been rejected and declared unconstitutional in many countries. Annexure V lists some of the grounds for rejection of EVM’s in other countries.
- Currently there is no reform agenda for EVMs. Annexure VI highlights the absence of any agenda to address any of the concerns raised here in the reform agenda.
From all of these there is not just an adequate, but overwhelming case to ban the EVMs.
- Ban the use of current EVM’s in their current form.
- Direct the Election Commission to create an election reform agenda, in consultation with the petitioners Expert Committee that will ensure transparency, verifiability and fidelity of the voting process.
- The reform to be vetted through an open and inclusive process like this by the Supreme Court in consultation with those experts and petitionerswho have researched these issues in depth.
- If the Election Commission were to use any digital technology to conduct elections it must put into the public domain all such software and hardware that is used for conducting, storing and managing election processes so that anyone can audit or improve it.
- The Election Commission must have a Chief Information Officer to design, oversee and certify the information at every stage of the process.
- The Election Commission must have a Chief Security Officer to design, oversee and certify the security of any electronic processes, all logs should be made public on publicly accessible locations.
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