LESSONS ON THE USE OF TECHNOLOGY IN ELECTIONS
Legal frameworks governing election technology are diverse, ranging from legislation that provides for the optional
use of technology by the EMB (Nigeria), 13 laws requiring a paper trail (some U.S. states), to mandatory requirements
for the procurement and use of technology within strict deadlines (Kenya) or strict rules on piloting and testing
(Albania). Some electoral laws refer to specific standards for the use of technology in elections, such as Albania’s
requirement that the identification, selection, and use of ICT be subject to the “principles of legality, transparency,
inclusiveness, security, efficiency, and sustainability.” 14 As noted by Justice Dr. Kachale, Chairman of the Malawi
Election Commission, “A prescriptive legal framework on technology for EMB can generate more challenges before
the court,” and added “that whatever technology you use, it must speak to the legislative framework” to ensure the
EMB has the legal basis to operate this technology in the election. 15
Impact of the Use of Technology on Election-Related Court Proceedings and
Remedies
Courts have at times struggled to keep up with advances in technology and their implications on elections. In
situations of disputed elections, this can present real world consequences. In 2018, during the launch event for the
Europe and Eurasia Electoral Justice Network, Luie Tito F. Guia, former Commissioner of the Philippines Election
Commission, referred to the importance of an “Analog Mindset in a Digital Process” when describing the slow
adaptation of the EDR process to new technology used in Philippines elections (optical scan counting and electronic
results transmission). 16 More than a decade ago, the use of technology in the 2010 Philippines elections provided
important lessons for electoral judges and other electoral stakeholders:
“A lack of IT training and tools for observing the new technologies made it
difficult for party agents to collect the necessary evidence to support their
candidates’ claims…Parties also pointed to the importance of making sure
the courts have the IT capacity to effectively rule on technology-related
cases…[and] noted that the cost of filing complaints has increased, since
parties have to hire more specialized legal and IT expertise…and educate
themselves…about the new technologies.” 17
As new technology platforms are introduced in elections, new procedural issues may emerge around access to and
admissibility of digital evidence. Digital evidence at its broadest level refers to data collected using digital mediums.
This data can include (but is not limited to) videos, emails, photos, scans of results forms, open-source data, data
Section 47 Nigeria Electoral Act (2022): The act makes provisions for electronic accreditation of voter using the Smart Card Readers or
any technological device as may be determined by INEC.
14
Albania, Electoral Code. 2020. Operational testing must take place in public sessions by randomly selecting from each electoral
administration zone at least three percent of therein used systems, and with no less than 50 participants. Use of Electronic Voting in the
Albanian Parliamentary Elections in 2021.
15 Africa Electoral Jurisprudence Network Conference, 2ND Annual Meeting, Lilongwe Malawi, July 19-20, 2022.
16 Presentation by Commissioner Luie Guia, Commission on Elections, Philippines in his presentation at the launch event of the Europe
and Eurasia Electoral Justice Network workshop in Vilnius in 2018 - Working Group September 5, 2018.
17
National Democratic Institute, Challenges and Recounts: Political Parties and the Complaints Process in the Philippines (2010).
13
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