International Foundation for Electoral Systems The electoral legal framework may present a challenge for the introduction of new technology in the electoral process. The relevant legal provisions may reside in three locations: “the constitution, if there is one, the laws relating to elections (or articles in general laws related to elections, such as for example, the criminal code), and the secondary legislation (such as regulations, rules and procedures often passed by EMBs).”32 In some cases, legislation governing these technologies may be found in areas outside of elections, such as regulations on data protection.33 Before working within the existing framework of laws and regulations, it is necessary to address “not only the tools needed, but also the systems and processes that must be reengineered in order to shape an effective solution.”34 As noted by the Council of Europe, any changes to the legal and regulatory system should be accompanied by clear, public explanations of why those changes are necessary, which “will reinforce voters’ and other stakeholders’ trust and confidence.”35 In addition, the country’s specific election system must also be considered before implementing new election technology. For example, before using new technology for voter registration, it is important to know who registers voters (the EMB, another government agency, or another organization), who collects data on voters, how that information is shared with the EMB (if the EMB does not collect the data), and who owns the data.36 New technology typically requires additional human capital considerations, such as stronger information technology (IT) skills and experience. Many election staff often lack the skills to manage new technology without training.37 In Kosovo in 2010, local staff were found to need two electoral cycles’ worth of training before they would have the IT skills and experience necessary to run the relevant technology on their own.38 This highlights the security risks around poorly equipped technology users who may be easy targets for malware on individual terminals that are connected to a wider system. An appropriate timeframe for procurement, implementation, testing, and training is also a decisive factor in determining whether to use a new technology. Timelines for ensuring a smooth transition to new technology will vary by country and electoral cycle. EMBs should have a clear plan, from the initial determination of the merits of the technology to the electoral process through final implementation. Introducing new technology too quickly can fail to build public trust and can lead to technical issues, further eroding trust in the process.39 A fundamental part of this process that is often not adequately factored into planning is the testing process, which should be part of standard operating procedures. Another key factor to consider is whether there will be a process of systems integration, usually 32 Goldsmith and Ruthrauff, Implementing and Overseeing Electronic Voting and Counting Technologies, 106. OSCE, Guidelines for Reviewing the Legal Framework for Elections, 2nd ed., 2013, 65-69. 34 Yard, ed., Direct Democracy: Progress and Pitfalls of Election Technology, 21. 35 Council of Europe, Guidelines on Transparency of E-enabled Elections, 2011, 5. (source no longer found) 36 Michael Yard, ed., Civil and Voter Registries: Lessons Learned from Global Experience, 2011, 8; European Commission, Methodological Guide on Electoral Assistance, 2006, 59-60. 37 Yard, ed., Civil and Voter Registries: Lessons Learned from Global Experience, 157. 38 Ibid., 42. 39 European Commission and UNDP, Procurement Aspects of Introducing ICT Solution in Electoral Processes, 2010, 55. 33 10