[With parties, activists and candidates constantly alleging rigging of
EVMs despite repeated assurances, the EC called a meeting of all state
and national political parties on October 4, 2010 to discuss the
issue. At this meeting, some parties suggested that in order to
increase transparency, the EC should explore the possibility of
introducing VVPAT, in which a voter immediately gets a printout of her
vote, which is then deposited in the ballot box. So, every voter can
see whether her vote has been registered correctly.
... Subsequently, the Supreme Court ordered the EC to use VVPATs
across all seats in the 2019 Lok Sabha election.

(The demand for implementing the VVPAT at least by the time the next
Lok Sabha poll is held has got to be pursued with all seriousness.)]

http://indianexpress.com/elections/how-evms-work-why-many-parties-have-suspected-they-can-be-rigged-4569390/

How EVMs work, why many parties have suspected they can be rigged
Mayawati and Harish Rawat have alleged voting machines were tampered
with. Ritika Chopra recaps a seemingly endless controversy.

Written by Ritika Chopra | Published:March 15, 2017 2:58 am

Leaders who lost the recent elections — Mayawati and Harish Rawat
among them — have alleged voting machines were tampered with. Ritika
Chopra recaps a seemingly endless controversy.

*How does an Electronic Voting Machine (EVM) work?*
An EVM consists of a ‘control unit’ and a ‘balloting unit’, connected
by a 5-metre cable. The control unit is with the Election
Commission-appointed polling officer; the balloting unit is in the
voting compartment into which the voter enters to cast her vote in
secret by pressing the button against the name and symbol of the
candidate of her choice. The control unit is the EVM’s ‘brain’ — the
balloting unit is turned on only after the polling officer presses the
‘Ballot’ button on it. The EVM runs on a 6 volt single alkaline
battery fitted in the control unit, and can even be used in areas that
have no electricity.
When did the EC decide to switch to EVMs? Why were they deemed
superior to traditional paper ballots?

Paper ballots have inherent problems — their printing, storage and
transportation involve huge expenditure; lakhs of ballot boxes are
needed for each election, and there are logistics issues with their
safe storage between elections. There were instances when the number
of invalid votes (marked incorrectly by illiterate voters) exceeded
the winning margin. Also, the counting of ballot papers could take a
full day or more.

To overcome these problems, the EC approached the Electronics
Corporation of India Limited (ECIL) in 1977 to develop the prototype
of an EVM. On August 6, 1980, the EC demonstrated the ECIL prototype
to representatives of political parties to a generally positive
reaction. The EC subsequently also drafted Bharat Electronics Limited
(BEL) to manufacture EVMs.

*When were EVMs first used in elections?*
The EC decided on a trial run at a few polling stations during the
1982 Kerala Assembly elections. Since the Representation of the People
(RP) Act, 1951, only allowed ballot papers and ballot boxes, it urged
the government to amend the law. It did not, however, wait for the
amendment, and invoked its emergency powers under Article 324 to use
voting machines in 50 out of the 84 polling stations of Paravur
constituency, where Congress candidate A C Jose was pitted against the
CPI’s Sivan Pillai.

*And when and from whom did they face their first challenge?*
CPI’s Pillai filed a writ petition in Kerala High Court days before
polling, questioning the use and functioning of EVMs. After the EC
demonstrated the machines to the HC, the court refused to interfere.
But after Pillai won by a margin of just 123 votes, the Congress’s
Jose went to the HC saying the RP Act, 1951, and Conduct of Elections
Rules, 1961, did not allow use of EVMs. The HC again ruled in the EC’s
favour, but the Supreme Court reversed the verdict and ordered a
repoll at all 50 polling stations using conventional ballots. This
time, Jose won.

The EC then suspended the use of EVMs until Parliament, in 1988,
inserted Section 61A in the RP Act and Rules, legitimising them. In
November 1998, they were used on an experimental basis in 16 Assembly
seats — 5 each in Madhya Pradesh and Rajasthan, and 6 in Delhi. In the
Lok Sabha elections of 2004, the entire country voted using EVMs.
Broadly, what position have the courts taken on the alleged
tamperability of EVMs?
The 1984 SC verdict striking down the pilot run of EVMs in Kerala had
little to do with the machines’ efficiency. It was passed on the
ground that there was no provision for them in the existing law. But
political parties and experts have repeatedly questioned the
functioning of EVMs in court. In 2004, advocate Pran Nath Lekhi sought
to establish before the Delhi High Court that EVMs had been doctored
to favour the UPA in the Lok Sabha elections. Lekhi pleaded that the
result of the election was the opposite of the projections (of an NDA
win) made by opinion and exit polls. The HC found no merit in the
petition, and Lekhi was forced to withdraw.

In 2005, the Karnataka High Court upheld the use of EVMs, and
described them as a “great achievement” and a source of “national
pride”. The HC order was passed on an election petition filed in 1999
by an unsuccessful candidate who challenged the integrity of EVMs used
in the Yelahanka parliamentary constituency. The court examined BEL
scientists and studied the safety features of the machines before
ruling that the EVMs were tamper-proof, and an attempt to doctor them
could not be kept hidden.

*How has the EC responded to criticisms of EVMs?*
>From August 3 to 8, 2009, the Commission undertook the extraordinary
step of inviting sceptics to demonstrate the alleged fallibility of
EVMs, using 100 randomly sourced machines from 10 states. “The outcome
of this exercise is that none of the persons, who were given the
opportunity, could actually demonstrate any tamperability of the
ECI-EVM, in any of the 100 machines put on display. They either failed
or chose not to demonstrate,” the EC said in a press note on August 8.
The machines, the EC said, could neither be reprogrammed nor
controlled by an external device. “The source code (for the EVM) is so
designed that it allows a voter to cast the vote only once. The next
vote can be recorded only after the Presiding Officer enables the
ballot on the Control Unit. In between the machine becomes dead to any
signal from outside (except from the Control Unit),” the 2009
statement said.

The Commission has said that comparisons between EVMs in India and
abroad, where they have failed, “are both misplaced and misguided”.
This is because “most of the systems used in other countries are PC
based and running on operating systems. Hence, these could be
vulnerable to hacking.

“The EVM in India on the other hand is a fully standalone machine
without being part of any network and with no provision for any input…
The software in the EVM chip is one time programmable and is burnt
into the chip at the time of manufacture. Nothing can be written on
the chip after manufacture. Thus the ECI-EVMs are fundamentally
different… (and) any surmise based on foreign studies or operating
system based EVMs… would be completely erroneous.”

*Which are the countries that have junked EVMs?*
Germany and the Netherlands banned EVMs for lack of transparency.
Italy felt e-voting results could be fudged. Ireland junked EVMs after
spending 51 million pounds researching them for 3 years. In the US,
California and many other states have banned EVMs without a paper
trail. However, the size of the electorate at all these places is a
fraction of the size in India — and the time, energy and expenses of
going the same way here are not comparable.

*If the EC is so confident of the integrity of EVMs, why has it agreed
to Voter Verified Paper Audit Trail (VVPAT)?*
***With parties, activists and candidates constantly alleging rigging
of EVMs despite repeated assurances, the EC called a meeting of all
state and national political parties on October 4, 2010 to discuss the
issue. At this meeting, some parties suggested that in order to
increase transparency, the EC should explore the possibility of
introducing VVPAT, in which a voter immediately gets a printout of her
vote, which is then deposited in the ballot box. So, every voter can
see whether her vote has been registered correctly.*** [Emphasis
added.]

Around the same time, BJP leader Subramanian Swamy, who was then the
president of the Janata Party, filed a writ petition in Delhi High
Court alleging that EVMs were vulnerable to rigging, and demanding a
paper back-up of the EVM vote. The EC informed the court that it was
already exploring the idea of VVPAT. In 2012, the HC observed that
EVMs in their present form were not “tamper-proof”, and the VVPAT
system may be developed early in consultation with political parties.
***Subsequently, the Supreme Court ordered the EC to use VVPATs across
all seats in the 2019 Lok Sabha election.*** [Emphasis added.]

*What was the EVM hacking controversy of 2010?*
In probably the biggest controversy around EVMs, in 2010, three
scientists claimed they had developed a way to hack into the machines.
A video posted on the Internet by the researchers purportedly showed
them connecting a home-made electronic device to an actual ECI-EVM.
Professor J Alex Halderman from the University of Michigan, who led
the project, said the device allowed them to change the results on the
machine by sending it messages from a mobile phone. The EC once again
denied the allegations, and nothing much came of the video except that
the Indian scientist out of the three, Hari Prasad, was arrested for
allegedly stealing an EVM from the Collector’s office in Mumbai.

*Where is this controversy now headed?*
All political parties have criticised EVMs only when they have lost
elections. Five days ahead of the Delhi Assembly election results in
February 2015, Arvind Kejriwal had tweeted about possible tampering of
EVMs. He did not pursue his allegation after the same EVMs registered
a record mandate for his party, which won 67 out of 70 seats.
Similarly, while the BJP seems happy with EVMs today, before the 2014
general election, it had alleged tampering on many occasions — in
fact, BJP spokesperson GVL Narasimha Rao had even written a book
titled Democracy At Risk! Can We Trust Our Electronic Voting
Machines?, with a foreword by L K Advani. Mayawati is only the latest
politician to attack EVMs; before her the RJD, TDP, SP, JD(U) and Left
have all targeted the machines.


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Peace Is Doable

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