Secret texts and cipherballots: secret suffrage and remote electronic voting

Identificador:  TDX:4029

Handle: https://hdl.handle.net/20.500.11797/TDX4029

Autors:  Rodríguez Pérez, Adrián

Resum:
One of the key concerns about remote electronic voting is how to preserve secret suffrage. The list of authors who claim that Internet voting is incompatible with the secrecy of the vote is actually quite long. Even if later studies that analysed the actual implementation of remote electronic voting in public political elections had more nuanced findings, concerns about secret suffrage and remote electronic voting remain. Addressing these concerns becomes an inescapable obligation. In this context, our research is quite novel. First and foremost, our starting point is not based on pre-existing legal definitions that are accepted as given. Drawing from the universalist approach to comparative constitutional law, we have understood that the principle of secret suffrage exists in such a way that it transcends the culture bound opinions and conventions of particular political communities. This core understanding has been translated into three standards: individuality, confidentiality, and anonymity. These standards should apply to any voting channel. Second, we have taken a wider approach at the enforcement of this principle. We have showed that secret suffrage may be enforced through law, code, norms, and even the market. Current regulations tend to be constrained because they resort to analogies with paper-based voting channels and fail to acknowledge the specificities of remote electronic voting. In contrast, we have examined the role played by (and the limitations of) asymmetric encryption, anonymization based on mix-nets or homomorphic tallying, and of multiple voting to enforce secret suffrage.