LESSONS ON THE USE OF TECHNOLOGY IN ELECTIONS Executive Summary With support from the United States Agency for International Development (USAID), in 2021, the International Foundation for Electoral Systems (IFES) launched ElectionJudgments.org, a database for national election judgments from around the world. IFES has used this database to conduct an initial analysis of select judgments that involve the use of technology in elections by Election Management Bodies (EMBs). These cases show that with the constant evolution of technology and its use in elections, judges and judicial officials need to understand how technology is being used in voter and candidate registration, voter identification, the voting or counting process, and results tabulation and transmission, and re-assess both the conduct of proceedings and the availability of effective judicial orders and remedies. It is also essential that other election stakeholders — in particular parties, candidates and their agents — have a thorough understanding of election technology so they can support well-founded complaints. Our case law analysis identified the following key lessons: 1. Given a growing lack of trust in election processes, it is vital that there is maximum transparency by the EMB around the introduction, testing, and use of election technology. 2. Similarly, in order to build trust in rulings, courts or tribunals should maximize transparency in election dispute resolution proceedings. 3. It is important for judges, judicial officials and all electoral stakeholders to have a basic literacy in the technologies being procured and used in the election process. While maintaining judicial independence and EMB independence is crucial, inter-institutional dialogue between the EMB and courts should be encouraged prior to elections to enable courts to effectively address disputes involving election technology and apply remedies that are appropriate to the operational situation and electoral timeline. 4. Election observers should understand the use of election technology and have observation methodologies that account for its use, especially as observer reports may be used as corroborating evidence in proceedings. 5. Courts should review and adapt court procedures as needed for election cases to consider digital evidence, chain of evidence, expert testimony, and e-discovery in order to expedite proceedings. 6. The EMB needs to ensure transparency for code and procurement processes 7. A physical vote record is important to enable auditability of electronic voting technology. 8. EMBs should ensure control over the design and implementation of technology systems procured from third party suppliers, including to be able to produce credible data quickly in case of a dispute. This requires clear ownership or licensing of intellectual property, and transparency in procurement processes, technology code, and system updates. 5