Electronic Voting Law: A Case Study of Election of Member of The House of Representatives

Abstract

         The purpose of this study is to examine international guidelines for legislating electronic voting systems, based on recommendations from democratic organizations. It also aims to study the election laws for electronic voting in various countries, including the United States (Florida), India, Australia (Australian Capital Territory), and Estonia, and to propose legal framework for electronic voting for drafting electronic voting laws in Thailand.

          The study found that the legal framework for electronic voting should include the following key components: recognition of the management of electronic voting systems, assurance of the core principles of democratic elections, the type of electronic voting system used, definitions of terms related to electronic voting, testing and certification of electronic voting machines, Voter Verifiable Paper Audit Trails (VVPAT), procedures for voting and counting with electronic systems, security measures for electronic voting, election result verification, objections and appeals regarding election results, recounts, data retention of votes, penalties for violations of electronic voting regulations, stakeholder access, and the responsibility of vendors providing election equipment.

          The study recommendation is to amend the Organic Act on the Election of Members of the House of Representatives B.E. 2561 by adding Chapter 5.1 Electronic Voting and Counting.