Report to: General Committee                                        Date Report Authored: April 23, 2010

 

 

SUBJECT:                          Approval of Alternative Voting Methods - 2010 Municipal Election

PREPARED BY:               Andrew Brouwer, Deputy Clerk, Ext. 8220

                                            Kimberley Kitteringham, Clerk & Returning Officer,                      Ext. 4729

 

RECOMMENDATION:

 

1.      That the Report entitled “Approval of Alternative Voting Methods - 2010 Municipal Election” be received; and,

 

2.      That Council adopt the by-law attached as Appendix “A” to authorize the use of Optical Scan Vote Tabulators and Vote Recorders for the 2010 Municipal Elections; and

 

3.      That Council adopt the by-law attached as Appendix “B” to authorize the use of Internet Voting for the Early Voting Period for the 2010 Municipal Elections; and further,

 

4.      That staff be authorized to give effect to this resolution.

 

PURPOSE:

The purpose of this report is to obtain Council’s approval for the use of optical scan vote tabulators for the 2010 Municipal Election and to seek Council’s approval for the use of internet voting during the Early Voting Period for the 2010 Municipal Election.

 

 

BACKGROUND:

Section 42(1) of the Municipal Elections Act, 1996 (MEA) provides the authority for the Town to use “alternative voting methods’ (e.g., vote by mail, vote by phone, internet voting, vote tabulators) for municipal elections.  A by-law authorizing the use of alternative voting methods must be passed by Council on or before June 1, 2010.

 

At the March 8, 2010 General Committee meeting, staff presented an overview of the proposed election model and associated key dates for Council’s information.  The presentation indicated that the model would be confirmed following a comprehensive review of proposals from election system vendors in addition to further research and a review of voter needs/feedback.  The report “Award of Proposal 029-R-10 2010 General Election – Tabulation and Online Voting Support & Services” to be included in the May 3 General Committee addendum agenda package outlines the review framework used by staff to evaluate the proposals relative to a number of dimensions, such as security, accessibility and functionality among other things.

 

Based on the positive outcome of the review process, staff recommend Council proceed with the use of optical scan vote tabulators for the 2010 Municipal Election and with online voting for the Early Voting Period.

 

 

OPTIONS/DISCUSSION:

 

Optical Scan Vote Tabulators

Markham has successfully utilized optical scan vote tabulating equipment for the past several electoral events.  Most municipalities in the Greater Toronto Area use optical scan vote tabulating equipment.  The tabulators provide an accurate count of the votes and facilitate the rapid return of election results on Election Night.  In the 2006 Municipal Election and recent Ward 3 By-Election, the Town used an automated ballot marking device equipped with various appliances (e.g., paddles and sip/puff indicators) to allow individuals with reduced vision, hearing or mobility to vote independently.  Once a ballot has been marked using the device, ballots are fed through an optical scan vote tabulator to be counted.  Accessible equipment such as the automated ballot marking device supports the Town’s corporate accessibility goals and newly established MEA provisions which requires the Clerk to ensure the election process is accessible to persons with disabilities.

 

Internet Voting

To staff’s knowledge, voting systems resulting in a “virtual vote” (internet and telephone voting) have been used in more than 35 municipalities in Ontario and the Maritime Provinces.  Markham successfully deployed internet voting in the 2003 and 2006 Municipal Elections, and post-election surveys from both in-person and internet voters favor the continued availability of internet voting.  Internet voting has been made available to provide for convenience, to accommodate changing lifestyles and demanding work schedules and to enhance accessibility for persons who may not be available or able to vote in person.  As outlined in staff’s March 8, 2010 presentation, internet voting is recommended as an option in addition to in-person voting, supporting a multi-channel approach to service delivery attractive to a broad spectrum of voters.

 

As indicated, a comprehensive review of election platform proposals included a number of standards around security, accessibility and functionality.  The recommended vendor was successful in meeting or exceeding these standards, which are quite varied and comprehensive and speak to security from a variety of perspectives and steps in the election process.  To help further inform staff’s recommendations, York University Associate Professor of Information Systems and Management Science, Dr. Henry Kim was contacted and undertook a review of current studies and issues related to security and accessibility (see Appendix “C”).  Dr. Kim’s report continues to support the security and accessibility of internet voting.

 

Some concerns related to the “unsupervised” nature of internet voting have been raised.  Internet voting is an unsupervised form of voting, similar to telephone and vote-by-mail currently deployed by at least 150 Ontario municipalities.  To staff’s knowledge, none of the municipalities that deployed an unsupervised form of voting have experienced voter fraud or other process challenges which would sufficiently controvert an election.

 

To assist in maintaining the integrity of the electoral process in an unsupervised voting environment, the MEA provides that no person shall:

 

·        Interfere or attempt to interfere with an elector who is marking the ballot;

·        Obtain or attempt to obtain, at a voting place, information about how an elector intends to vote or has voted; or

·        Communicate any information obtained at a voting place about how an elector intends to vote or has voted.

 

It should be understood that the potential for illegal activity exists with any voting system.  Internet voting procedures adopted in Markham address these risks by building and maintaining system and process security measures relevant to both system administrator and voter.  To vote online, an individual must be on the Voter’s List and register his or her intent to vote online using a unique credential provided by the Town.  After this, voters create their own, unique credential.  Using their Town-provided and personal credentials (in addition to other personal indicators), online voting can occur.  This year, voters will be required to acknowledge their understanding of the MEA provisions outlined above as part of the process, which is akin to taking an affidavit.  As an additional security provision at a systems level, the platform will be monitored (in a testing and real environment prior to, during and after the Election) by an independent, third party information technology security firm.

 

The Town will continue to review and investigate any concerns raised in relation to the security of its internet voting platform and should there be sufficient evidence presented of a violation of the MEA, etc., will endeavor to take the appropriate legal action as provided for in the Criminal Code of Canada.

 

Following the Monday, May 10, 2010 General Committee meeting, Legislative Services staff will facilitate an education and training session to specifically outline the selected platform’s security, accessibility and functionality provisions and provide a forum for further discussion.  Dr. Kim has been invited to provide an overview of his research.  Council adoption of the authorizing by-laws for the use of optical scan vote tabulators and approval of the recommended election platform vendor will not occur until the Tuesday, May 11, 2010 Council meeting.

 

Recently, Markham staff attended a conference sponsored by Elections Canada and Carleton University’s Centre for Canada-Europe Transatlantic Dialogue.  The conference profiled Canadian and European jurisdictions that have introduced internet voting, including Markham.  From the discussion and accompanying research, it was clear that internet voting provides a very accessible, convenient and secure voting option.  It was also clear that Markham is a global leader in the deployment of “virtual” voter engagement.

 

Staff recommend that the Council authorize the use of internet voting for the Early Voting Period from October 16 to October 21, 2010 and the use of optical scan vote tabulators for the 2010 Election.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE:

Not applicable.

 

 

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not applicable.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Not applicable.

 

 

Appendix “A”:  A by-law to authorize the use of Optical Scan Vote Tabulators and Vote Recorders for the 2010 Municipal Elections

Appendix “B”:  A by-law to authorize the use of Internet Voting for the Early Voting   Period for the 2010 Municipal Elections

Appendix “C”:  A Study of Internet Voting Security Risks and Accessibility    Opportunities for the Town of Markham (Dr. Henry Kim)

 

 

 

 

 

 

 

 

 

 

 

Q:\Clerks\Election\2010\Staff Reports and Presentations to Council\Alternative Voting


APPENDIX “A”

 

BY-LAW 2010-XXX

 

A By-law to Authorize the Use of Optical Scanning Vote Tabulators and Vote Recorders as an Alternative Voting Method

 

 

WHEREAS section 42 of the Municipal Elections Act, S.O. 1996 provides that a municipal council may enact a by-law authorizing the use of voting and vote counting equipment such as voting machines, voting recorders or optical scanning vote tabulators on or before June 1 in the year of the election;

 

NOW THEREFORE, the Council of the Corporation of the Town of Markham enacts as follows:

 

The use of Optical Scanning Vote Tabulators and Vote Recorders is hereby authorized for the purpose of counting votes at the 2010 Municipal Elections.

 

 

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS

 

XXTH DAY OF MAY, 2010.

 

 

 

 

________________________________              _____________________________

KIMBERLEY KITTERINGHAM                         FRANK SCARPITTI

CLERK                                                                 MAYOR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX “B”

 

BY-LAW 2010-XXX

 

A By-law to Authorize the Use of Internet Voting as an Alternative Voting Method

 

 

WHEREAS section 42 of the Municipal Elections Act, S.O. 1996 provides that a municipal council may enact a by-law, authorizing the use of voting and vote counting equipment such as voting machines, voting recorders or optical scanning vote tabulators and other voting methods that does not require electors to attend at a voting place in order to vote, on or before June 1 in the year of the election;

 

NOW THEREFORE, the Council of the Corporation of the Town of Markham enacts as follows:

 

 

The use of Internet voting is hereby authorized for the purpose of voting during the Early Vote period for the 2010 Municipal Elections.

 

]

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS

XXTH DAY OF MAY, 2010.

 

 

 

 

________________________________              _____________________________

KIMBERLEY KITTERINGHAM                         FRANK SCARPITTI

CLERK                                                                 MAYOR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX “C”

 

 

E-Mergent Management Research

 

A Study of Internet Voting Security Risks and Accessibility Opportunities for the Town of Markham

A Study Prepared for the Returning  Officer, Town of Markham

March 23, 2010

 

 

 

 


Executive Summary

In this study, we offer a perspective on the risks for the Town of Markham associated with conducting two-step internet voting in combination with traditional Voting Day voting place voting for the upcoming 2010 Municipal Elections. This perspective results from analyzing up-to-date thought leadership and academically-oriented works from internet voting researchers in combination with our own analysis and lessons learned from studying internet voting risks prior to Markham’s 2006 Municipal Elections. The purpose of this current study is to apply the perspective to inform the design and implementation of the Town’s internet voting system, in particular to inform the selection of the vendor, whose product will form the basis of this system. Within this scope are analyses of literature on security risks and accessibility opportunities of internet voting.

The following highlights our perspective on designing the Markham’s internet voting system to be even more auditable, secure, and recoverable, while ensuring appropriate voter rights:

·         Auditability

o        Working with the vendor, the Town should establish procedures to demonstrate an audit trail for internet votes. We especially recommend independent tests be conducted by the vendor and the Town to demonstrate that what is digitally recorded (and printed, if need be) during the 2010 Municipal Election will be in fact what the voter voted.

·         Security

o        The vendor should have the latest tools and techniques for detecting internet attack attempts. These should be thoroughly documented.

o        One of the most powerful and subtle deterrents against attacks on the election is the fact that such activities are indeed criminal offences punishable in the jurisdiction where they occur. This message should be conveyed clearly to internet voters. For the special case where apparent, even inadvertent coercion may result due to language difficulties, the Town should consider translating verbiage about what is/is not coercion in different languages.

o        However, outsider hackers and foreign agencies are not subject to that deterrent. Working with the vendor, the Town should be able to identify and analyze in real-time anomalous accesses (especially from non-local sources) to voting servers and anomalous voting patterns.


 

·         Voter rights

o        Voters should be made aware of the criminal implications of acts like coercion, intimidation, vote selling, bidding, and switching that corrupt their voting rights.

o        For the special case where apparent coercion may result due to language difficulties, the Town should consider translating notes about what is and is not coercion in different languages. Again this could be in paper material or on the municipal website.

·         Recoverability

o        Working with the vendor, the Town should document a recovery procedure. The procedure should address questions like, “Given that a known or even an unknown threat has materialized, what are the steps to ‘recover’ the integrity of the 2010 Municipal Election.

We believe that Markham is in a unique position vis-à-vis other Canadian (even North American) municipalities to mitigate security risks of internet voting while leveraging accessibility opportunities. This position is due primarily to the collective, successful experiences and lessons-learned, all of which were gathered through the hard work of Town’s IT staff, officials, voters, and Councilors and campaigners. In addition, the principle that it must be possible to recover from any internet voting mishap by Voting Day has guided the design of the internet voting process and procedures, and this helps to mitigate security risks. The relatively high level of comfort with technology, educational level, income level, and level of broadband (high speed internet) access of its residents vis-à-vis other Canadian municipalities place Markham on the definite “have” side of the Digital Divide. This means that Town’s residents are more apt than other places to conduct internet voting. It also means that this Digital Divide advantage can be leveraged to make voting more accessible to seniors, disabled, and non-English speakers.

Finally many have expressed concern that internet voting will obviate or perturb the extemporaneous “water cooler” networking that happens around voting places. Such networking activities serve a subtle but useful role in the voting process, and it is not clear what effect internet voting will have. We posit that the positive effects of what is effectively a Voting Day social networking event all over the Town could be mimicked or complemented by an evolving social networking community online within which voters and campaigners interact before, during, and after an election. Internet voting would represent the cornerstone piece for building such a community. By virtue of its internet voting advantages, Markham is well positioned to build up from internet voting to a more social networking paradigm for engaging constituents.

 


 

Summary of Findings

In November 2006, the Town of Markham conducted municipal elections. As in the elections of 2003, Markham successfully provided internet voting as an option. Also as in 2003, the particular mode of internet voting adopted in 2003 entailed a two step process (1st in which the potential voter registered to vote specifically online, and 2nd in which the vote is cast online) for advanced voting only.

Prior to the 2006 elections, we conducted a risk analysis of different remote voting modes: 1) Traditional voting place voting only (with advanced voting); 2) 1 step internet voting + traditional voting; 3) 2 step internet voting + traditional voting; and 4) mail-in only. After quantifying risk profiles, it was concluded that the 2 step internet voting + traditional voting represented the lowest risk profile next to the traditional voting place only alternative. A noteworthy product of the analysis was the conclusion that that internet voting mode represented a lower risk profile than the mail-in only mode, a mode whose risk profile most in the elections community are generally comfortable with. Given findings like this, it was recommended that Markham proceed with the same framework for internet voting as it had done in 2003.

After two successful iterations, Markham is set once again to conduct the two-step internet voting + advanced voting for the 2010 municipal elections. The scope of this current study is not to assess the risk profiles of voting modes once again (as the fidelity of internet voting for the Town has been demonstrated). Rather, this current study offers a perspective on the internet voting risks for the Town of Markham for the 2010 Municipal Elections. This perspective is comprised of up-to-date thought leadership and academically-oriented works from internet voting researchers. The purpose of this study is to apply the perspective to inform the design and implementation of Markham’s Internet voting system, in particular to inform the selection of the vendor, whose product will form the basis of this system. Within this scope are analyses of literature on security risks and accessibility opportunities of internet voting.

Below, we outline some recommendations based on our examination of the literature and applying it to the Markham context.

Auditability

·         It is recalled that the City of Halifax had detailed procedures for demonstrating a paper trail for online voting. And voting systems vendors often have the facility to even print a paper ballot for each online vote cast. Markham can establish similar procedures and have contingency ballot printing strategies. The question however is whether what is digitally recorded (and printed, if need be) is in fact what the voter voted. Audits should have been conducted, or should be conduct-able, to ascertain this. There should be three separate audits: first-party (the vendor tests the correctness of digitized data), second-party testing (the Town of Markham independently conducts a test), and third-party, live (perhaps a random sample of those who voted online are asked to verify that what has been recorded is in fact what he/she had voted.)

·         The vendor should be able to “make real” virtual objects. For example, the vendor should be able to print a completed paper ballot for each online vote, if need be. Or, it should be possible to print off master lists. Though this capability may seem superfluous, the majority of citizens (which aptly characterizes major Town stakeholders) are comforted knowing that they would be able to “see, touch and feel” artifacts like completed ballots, which they intimately associate with voting.

·         The voter should be given the option to print the screen, which shows their voting choice. The printout would serve as verification for the voter, and represents a subtle means to make the vote more concrete. It may be possible to even solicit these ballots using a statistical sampling plan if a post-election audit is called. Obviously, the procedure for doing this must be weighed and carefully documented.

·         Markham can employ parallel testing. That is, under another random sampling plan, fictitious votes may be entered into the system. These can be audited from beginning to end. It is recognized that such testing is done before the system is live, but doing this during the voting period may add additional audit credibility. If this is done, it is crucial that there are documented and tested means to ensure that these votes are never treated as legitimate ones.                      

Security

·         The vendor should have the latest tools and techniques for detecting internet attack attempts. These should be thoroughly documented. It is desirable that the documentation should show each type of potential attack, how the system would recognize them, and then how the system will counter that attack.

·         The vendor should have techniques to prevent and correct for pharming and man-in-the-middle attacks. In addition, the vendor should specify how successful attacks of these sorts, when conducted in small-scale (i.e. affects a limited number of votes), can be remediated.

·         One of the most powerful, and subtle, deterrents against attacks on the election is that such activities are criminal offences punishable in the jurisdiction where they occur. However, outsider hackers and foreign agencies are not subject to that deterrent. Relative to, say, the US federal elections, municipal elections in Canada are arguably low-profile, low-impact, and out of the radar for many potential, especially non-local, attackers. The Town should look-out to if some change puts the Town’s internet voting “on the radar” of these attackers. The implication then is for the vendor and Town’s IT staff to be mindful of a sudden increase in profile of Markham’s election or a sudden increase in controversy or contentiousness in political issues surrounding the election, so as to be especially vigilante for anomalous internet voting patterns after such increases.

·         A usable proxy that outsiders may have an insidious interest in Markham elections may be the locales of IP addresses attributed to votes cast. In the two-step mode, the voter must receive two separate pieces of mail on different dates at their home address. Also Markham’s location in the populous GTA area means that servers for nearly all of the Internet Service Providers’ (ISP’s) that serve voters’ homes should be geographically close to and clustered within or near Markham. The vendor should leverage this phenomenon. That is, does the vendor have methods to detect patterns that seem anomalous in the face of this phenomenon?

·         There should be documented procedures between the IT staff at the Town and the vendor to identify, communicate, and analyze anomalous internet voting occurrences.

Voter Rights

·         Either in the paper material that is sent to potential internet voters or even on municipal  websites in which they vote, voters should be made aware of the criminal implications of acts like coercion, intimidation, vote selling, bidding, and switching that corrupt their voting rights.

·         For the special case where apparent coercion may result due to language difficulties, the Town should consider translating information about what is and is not coercion in different languages. Again this could be in paper material or on the Websites.

·         If not already in their standard procedures, the Town should conduct some usability tests. This is especially important if the user interfaces provided by the vendor differ substantially from those of the 2003 and 2006 elections, and if additional information (different from 2003 and 2006) needs to be presented to the voters. In particular, ways to make the task of voting easier and more seamless once the potential internet voter has received their password should be explored. In addition, usability testing should also be extended to examine all paper documentation that voters receive—e.g. is it easy to find the directions, or how should alternate language instructions be presented.

Recoverability

·         The Town and the vendor should work together to document recovery procedures. Given that a known or even an unknown threat has materialized, what are the steps to “recover” the integrity of the election? What is the line between some threat that can be contained in small-scale (i.e. some voters are requested to re-vote online or vote at the polls) or an attack that requires voiding all online voting? How will that decision be made? How will online voters be made aware? These are some of the issues that need to be addressed and documented. It is recognized that practically, not everything needs to be documented; a key role of elections officials after all is to effectively deal with ad hoc situations. However, recall that the public has a heightened sense of security risk pertaining to internet voting, and for rare events like a successful attack of online voting, knowing how to deal with attack consequences is more important than prevention. Markham has developed very good procedures and processes for internet voting, so it is not anticipated that there should be many refinements to those procedures and processes. It is recommended however that the Town consider documentation of internet voting recovery procedures as one of these refinements.

·         In general, the vendor should specify the delineation between a successful attack that can be corrected for in small-scale, versus a successful attack that is considered large-scale, and may prompt voiding of all or some part of internet voting.

Inasmuch as Markham must mitigate threats, it must also ensure that internet voting opportunities are realized. A pertinent and timely report written for Elections Canada best characterizes this trade-off between risk and opportunity [Goodman, Pammett, & DeBardeleben 2009]:

Careful examination of the literature on internet voting as well as the pilot experiences of many jurisdictions suggests that both the extremely optimistic and pessimistic positions about the effects of internet voting are overstated. Internet voting will not act as a panacea for the social causes responsible for electoral disengagement, nor will it remedy negative attitudes toward political entities. It will, however, increase voting opportunities for electors and make casting a vote more accessible. On the other side, Internet voting will not erode democracy or result in vote buying and election fraud any more than does the existing system. 

There are numerous security risks of internet voting, many due to vulnerabilities inherent in internet use. Many have outlined that these risks cannot be completely eliminated. In our opinion, security risks are mitigated by 3 factors favourable to the Town:

1.       Prior experience: The Town has accumulated expertise, documentation, and lessons-learned from conducting internet voting twice before. The Town has experienced normal turnover both at the IT staff level and in election staff since the 2006 Municipal Elections. Nevertheless, we believe the collective expertise on internet voting remains within the Town. Hence, it is well prepared to choose the most appropriate vendor with whom to partner to develop the IT systems, processes, and procedures for internet voting in 2010.

2.       Recoverability: In our 2006 analysis, we quantified 45 threats to internet voting. Some were due to remote hackers and other IS related origins, but many were threats faced regardless of mode of voting. For internet voting, the two step process (rather than one step), and security features applied by the vendor and the Town largely mitigated, but not completely eliminated, the risks. Even if vulnerabilities were successfully exploited in large scale, Markham always had the “safety valve” of voiding results (thus recovering) of internet voting prior to Voting Day. The literature on internet voting security recognizes that designing for recoverability is a more pragmatic approach than designing for prevention  [Coleman 2005; Hole & Netland 2010].

3.       Limited Visibility: In our 2006 analysis, we surmised that the most likely vulnerabilities to be successfully exploited would be at a small scale—e.g. inadvertent mishaps or dubious voters at one location—and more likely to happen at voting places than over internet voting. Elections officials know how to deal with threats like these. However of greater concern are the hackers from some distant land. We pegged the probability of a success attack as extremely low. Nevertheless, leveraging the efficiency of internet use, they can inflict large scale damage, elections officials are not accustomed to dealing with these threats.  Further, applicable deterrents, say, to a GTA resident like being charged criminally and ostracized by the community are not as compelling to these hackers. Even though the overall election will likely recover from a large scale hacker attack, public confidence would be shaken.  Having said that, an election in a suburban municipality in Canada is likely to “fly under the radar” of these would-be hackers. The literature on internet voting security recognizes that visibility of an election is a large factor in whether it is targeted by outsiders for attacks [Mohen & Glidden 2001].    

On the other side, there are five factors that give Markham accessibility and participation advantages.

1.       Markham’s Demographics: According to literature, the demographic of the likeliest internet voter is characterized as relatively more comfortable with technology, more affluent, more educated and younger than the demographic for the most active voters [Caporusso, Buzzi, Fele, Peri, Sartori, & di Sociologia 2006; Reniu 2005]. The median age in Markham is 38.1, which is below the provincial median of 39 [Town of Markham 2009], and Ontario has the lowest median age of any province. In addition, the percentage of the population over 65 in Markham is lower than the provincial average of 13.6%. Markham’s claim as Canada’s “High Technology Capital” strongly implies that many of the workers who work in Markham also live there. Median household income in Markham at $77,163 is considerably higher than the Ontario median of $66,600 [Statistics Canada 2009]. 37% of eligibly aged (>18 years of age) Markham residents have or are working on university degrees [Town of Markham Economic Development Department 2009], which is significantly higher than the provincial mean of 25%. What this all means is that Markham has one of the most internet voting friendly populations of any municipality in Ontario. In our opinion, the only comparably friendly Ontario municipalities are Waterloo and Kanata, and to a less extent, Richmond Hill and Oakville.

2.       Lack of Election Contentiousness: There is literature that states that internet voting and other convenience voting options (e.g. mail-in voting) have a statistically significant impact on overall voter turnout in lowly-contested or non-contentious elections [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008]. In these cases, many who would have participated in heavier-contested elections just don’t get as engaged. In these situations, internet voting may be the difference between getting these folks to vote or not. This is not to categorically imply that Markham always has lowly-contested elections. We point this out because generally municipal elections have not insignificant amounts of acclamations of incumbents.

3.       Accessibility to seniors, disabled, and non-English speakers: “Digital Divide” refers to the gulf that exists between those who have widespread, convenient access to the internet and those who don’t. The “haves” are more affluent, better educated, and younger. In addition, in Canada, people in urban areas have much greater access than those in rural areas [Sawada, Cossette, Wellar, & Kurt 2006]. Clearly between Markham’s demographics and its location in a heavily urban area, it is a “have” in the digital divide. Markham has the opportunity to leverage this advantageous position to use internet voting to increase accessibility to specific groups.

Interestingly, the most likely beneficiaries of increased voting accessibility are seniors. Inasmuch as they as a group end up on the “have-not” side of the digital divide, they are also very willing to vote, and willing to vote online.  To illustrate, Peterborough has the second largest population rate of seniors in Canada. Yet, 70% of internet voters in 2006 were over 45 and the largest percentage of these were aged 55 to 64. Relative to other age groups, seniors tend to fit the second bill of likely internet voters: those that are more civically engaged and hence likely to vote one way or another [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008].

Internet voting would seem to be extremely convenient for the disabled, but beyond conjecture, there is little in the way of research about this topic. As well, there is little research about internet voting for non-English speaking voters. This is pertinent for Markham where there are as many residents whose mother tongues are South Asian and Chinese languages as there are native English speakers. These groups are probably not steadfast voters, but they probably also may not fall on the have-not side of the Digital Divide.

As a municipality, Markham falls on the have side of the Digital Divide, so it has the opportunity to leverage this position to facilitate voting accessibility to seniors, disabled, and non-English speakers. In order to provide this accessibility, the Town must also develop strategies to market internet voting differently to three very different groups.

4.       Prior Experience – Town Officials’ Perspective: By the end of 2010, Markham will have engaged in three iterations of internet voting. That is more experience than any other municipality in Canada. Markham has proceeded cautiously: they have always had the two-step, advanced poll only internet voting and have not sought to cut resources at voting places. In contrast, according to [Goodman, Pammett, & DeBardeleben 2009], by their second iteration, Halifax had gone to one-step, continuous (including Election Day voting) internet voting, and incorporated a candidate module wherein candidates could see voting status of registered voters. For their next iteration in 2012, they have apparent plans to reduce number of voting places. Markham can consider changing scope as well, perhaps paring down costs associated with voting place voting. Markham’s prior successful experiences (assuming that 2010 will be successful) have earned it credibility to expand scope of internet voting or pare down scope of voting place voting.

5.       Prior Experience – Candidates’ Perspective: internet voting has perturbed campaigning [Goodman, Pammett, & DeBardeleben 2009]. In Markham, canvassers were told that those in the household had already voted. In Halifax, candidates had voter lists with updated information on who had voted over the internet, which led to efficiently winnowing and targeting undecided voters. Having gone through two iterations, Markham candidates should know better how to account for internet voting in their campaigns. That is, their prior experiences could help them lower campaign costs per voter, and yet increase their effectiveness.

We believe that Markham has reached an enviable position in its internet voting evolution. Through two iterations, it has developed and refined voting processes and procedures to the extent that it mitigates internet voting risks, yet can pursue ways to increase accessibility. Internet voting has raised voter participation (or kept it steady when participation in surrounding municipalities decreased). Internet voters are also more satisfied with the ease and convenience of voting online. The incremental cost of running additional internet voting instances is likely to be decreasing, and the Town can even contemplate paring down resources applied to traditional voting place voting. The candidates can redeploy their campaigning resources to be more efficient and effective.  Now, we put forth then that the “low hanging fruit” of internet voting has been picked.

In our opinion, the challenge for subsequent internet voting instances is to build from what has been achieved. Halifax serves as an example [Goodman, Pammett, & DeBardeleben 2009]:

[C]andidates were able to keep track of supporters during campaign timelines using an internet candidate module. This allowed for the generation of multiple support lists such as a special list of undecided voters or categorization by area (i.e. street), which was a useful vehicle for mobilization. It also reduced the need for the traditional candidates’ representative function because parties were able to track participation on-line.

Internet voting served as a driver for re-thinking and improving campaigning and canvassing strategies. There are other complementary innovations that use IT and the internet to enrich the relationship between candidates and voters. For example, through the Smartvote Website, Swiss municipal politicians fill out questionnaires that collect their positions on issues weeks prior to an election. Potential voters can then match their views on issues with those of the politicians, and even analyze and visualize politicians’ positions [Thurman & Gasser 2009]. Also, the politicians are able to post their positions and other news and update their postings.

In traditional voting, there are few contact points between candidates and their constituents. Certainly the vote itself is one; a conversation while canvassing is another. A website mediates, enriches, and keeps persistent a personalizable (as opposed to a generic sign on the neighbour’s lawn) dialogue between the candidates and their constituents. Businesses right now are exploring strategies to maintain dialogue with their customers and they are finding that social media—blogs, Wikis, Facebook, LinkedIn, and social bookmarking sites—provide them this opportunity. Blogs and social media groups are now heavily put to use by politicians in US, Canada and elsewhere.

Markham’s internet voting experiences represent a platform from which information technology mediated conversations with constituents can be developed and fostered. Ultimately, its symbolism as a platform for more personal and enriching interactions with government represents a subtle but potentially powerful additional rationale for internet voting at the Town of Markham.

 [I]n a dynamic social and technological environment inaction can have negative consequences. If cultures of shopping, banking, playing games and socialising are increasingly moving online, the failure of the political sphere to move in tandem risks confining it to eccentric marginality. This might be the strongest argument for voting online: the symbolic message is delivered that democracy is consistent with contemporary culture. The risk of such symbolism for the political elite – and a democratic opportunity for citizens – is that online voting will stimulate a public appetite for a more interactive system of representation before and after elections. [Coleman 2005]

 


 

Introduction

Voting is a fundamental right and privilege of democracy. When this privilege is not exercised, one reason may be that being at a voting station during certain hours in a given day may not be feasible or inconvenient for many. Even though it seems reasonable that providing more convenient ways to vote may increase voter participation, the following statistic is nevertheless surprising.

37% of voters cast their ballots before Voting Day [of the US federal elections in 2008], either in-person at early voting centers (18%) or by mail, mainly via absentee ballots (19%). The elderly, individuals with disabilities, and better-educated voters were more likely to use these convenience voting methods. [Alvarez, Ansolabehere, Berinsky, Lenz, Stewart III, & Hall 2009]

In the highest profile election in the world, more than ⅓ of the voters chose methods that gave them the convenience to vote irrespective of time and distance! Of course, the internet enables transcending time and distance. Ostensibly then, internet voting is the perfect union between the convenience and accessibility that voters seek with the ubiquitous infrastructure upon which votes can be cast cost-effectively and efficiently.

Beyond efficiency and convenience, there is an even more compelling argument for internet voting.

 [I]n a dynamic social and technological environment inaction can have negative consequences. If cultures of shopping, banking, playing games and socialising are increasingly moving online, the failure of the political sphere to move in tandem risks confining it to eccentric marginality. This might be the strongest argument for voting online: the symbolic message is delivered that democracy is consistent with contemporary culture. The risk of such symbolism for the political elite – and a democratic opportunity for citizens – is that online voting will stimulate a public appetite for a more interactive system of representation before and after elections. [Coleman 2005]

Alas, internet use has drawbacks, mainly security concerns.

The real barrier to success is not a lack of vision, skill, resources, or dedication; it is the fact that, given the current Internet and PC security technology, and the goal of a secure, all-electronic remote voting system, the [US Department of Defense] has essentially taken upon an impossible task [to meet that goal]. (Jefferson et al. 2004)

Given this, why should the Town of Markham, or for that matter any government, employ internet voting?

This study addresses that important question. It especially reports on the state of the art in thought leadership and technologies regarding internet voting and the assessment of its risks. It also draws from authoritative sources to comment on the concomitant “Internet voting as a cornerstone platform for e-democracy” vs. “Internet voting as a security and privacy threat” trade-off debate.

To be sure, internet voting is vulnerable to threats. However, threats like these are often more susceptible to perception than to likelihood of occurrence.

 Social aspects of security of information systems are often discussed in terms of “actual security” and “perceived security.” This may lead to the hypothesis that e-voting is controversial because in paper voting, actual and perceived security coincide, whereas they do not in electronic systems. [Pieters 2006]

A gray swan [as opposed to a black swan] is a large-impact and rare event that is somewhat predictable, but overlooked by major stakeholders… Examples of negative gray swans are hurricanes, earthquakes, US sub-prime crisis, and DDoS (Distributed Denial of Service) attack on Estonia. Because gray swans are rare, it’s not practical to estimate the likelihood of these events; rather, focus on consequences rather than likelihoods. [Hole & Netland 2010]

These two excerpts illustrate the challenges in assessing risks of internet voting. For public officials and the general public, internet voting represents something unknown. People tend to embellish its risks due to their inherent cognitive difficulty in dealing with uncertainty. The perception of risk is further heightened because of historical rarity of internet voting mishaps; a successful execution of an internet voting threat can be considered a gray swan event because it really hasn’t happened on a large-scale, resulting in a large impact. Colloquially, it can be said that risks of internet voting are unknown (actual and perceived security do not coincide) and unknowable (gray swan).

Yet, the second excerpt provides what is arguably the overarching principle for assuring the integrity of internet voting: focus on consequences of any negative gray swan event, be it a malicious attack from an insider or a hacker, or a chain of unanticipated software/hardware failures. Exactly along this vein, in 2003 and 2006, Markham’s election officials and IT team had stressed the importance of “recoverability” in developing the Town’s internet voting systems, procedures, and processes. That is, as long as unternet voting takes place as part of advanced voting, the results of internet voting can be voided if an executed internet threat makes that necessary. Then online voters can be alerted that a threat has been executed that voided their online votes, and requested to vote at voting places.

 

Internet Voting: Security Risks

In 2004, a group of researchers analyzed the risks and vulnerabilities of SERVE, a system developed experimentally by the US Department of Defense [Jefferson, Rubin, Simons, & Wagner 2004]. The end-goal of SERVE was to provide overseas US citizens and military personnel to vote online for different types of elections ranging from military ones to the federal election. The recommendation of the researchers led to stoppage of SERVE development in mid-project. The researchers were concerned with the following: no voter-verified audit trail; well-known cyber-attacks (insider attacks, denial of service attacks, spoofing, automated vote buying, virus attacks on voter PC’s); the attacks could have large-scale impacts and be launched by sophisticated enemy agencies outside of the reach of US law; a reasonably non-zero probability (i.e. extremely low) of undetected attack; and vulnerabilities cannot be fixed in SERVE, since they are in effect vulnerabilities inherent in internet use. The researchers conclude that “the real barrier to success is not a lack of vision, skill, resources, or dedication; it is the fact that, given the current internet and PC security technology, and the goal of a secure, all-electronic remote voting system, the [DoD] has essentially taken upon an impossible task [Jefferson, Rubin, Simons, & Wagner 2004].”

Elections officials at the Town have made compelling arguments for conducting internet voting for the Town based on factors such as lowered costs in present and future elections of having fewer voting palces and personnel, reduced carbon footprint of ballots and other papers, accessibility, and contribution to the branding of Markham as innovative and technologically-savvy. We assume for this study that the pros outweigh the cons. However to maintain recoverability in the face of the legitimate concerns raised by analyzers of SERVE, the Town should be mindful of the following:

·         It is recalled that the City of Halifax had detailed procedures for demonstrating a paper trail for online voting. And voting systems vendors often have the facility to even print a paper ballot for each online vote cast. The Town can establish similar procedures and have contingency ballot printing strategies. The question however is whether what is digitally recorded (and printed, if need be) is in fact what the voter voted. Audits should be conduct-able, to ascertain this. There should be three separate audits: first-party (the vendor tests the correctness of digitized data), second-party testing (the Town of Markham independently conducts a test), and third-party, live (perhaps a random sample of those who voted online are asked to verify that what has been recorded is in fact what he/she had voted.) 

·         The vendors should have the latest tools and techniques for detecting internet attack attempts. These should be thoroughly documented. It is desirable that the documentation should show each type of potential attack, how the system would recognize them, and then how the system will counter that attack.

·         The Town and the vendor should work together to document recovery procedures. Given that a known or even an unknown threat has materialized, what are the steps to “recover” the integrity of the election? What is the line between some threat that can be contained in small-scale (i.e. some voters are requested to re-vote online or vote at the polls) or an attack that requires voiding all online voting? How will that decision be made? How will online voters be made aware? These are some of the issues that need to be addressed and documented. It is recognized that practically, not everything needs to be documented; a key role of elections officials after all is to effectively deal with ad hoc situations. However, recall that the public has a heightened sense of security risk pertaining to internet voting, and for gray swan events like a successful attack of online voting, knowing how to deal with attack consequences is more important than prevention. The Town has developed very good procedures and processes for internet voting, so it is not anticipated that there should be many refinements to those procedures and processes. It is recommended however that the Town consider documentation of internet voting recovery procedures as one of these refinements.

·         Those who examined SERVE were especially wary of the high-profile, high-impact nature of the US federal election, for which SERVE was to be ultimately used. The high-profile nature would tempt glory-seeking, malicious hackers; the high-impact nature would tempt enemies of the nation. One of the most powerful, and subtle, deterrents against attacks on the election is that such activities are criminal offences punishable in the jurisdiction where they occur. However, outsider hackers and foreign agencies are not subject to that deterrent. Relative to SERVE, municipal elections in Canada are arguably low-profile, low-impact, and out of the radar for many potential, especially non-local, attackers. Markham should look-out to see if some change puts the Town’s internet voting “on the radar” of these attackers. The implication then for the vendor and Markham’s IT staff is to be mindful of a sudden increase in profile of the Town’s elections or a sudden increase in controversy or contentiousness in political issues surrounding the election, so as to be especially vigilante for anomalous internet voting patterns after such increases.

Similar conclusions as SERVE’s analyzers are drawn by [Enguehard & Lehn 2009]. Much like Markham’s 2006 study, Enguehard examines the vulnerabilities of three remote voting methods—postal voting with and without automated counting, and internet voting. In sum, they conclude that whereas larger scale threats cannot go undetected for postal voting, internet-based attacks could, and the inherent design of the internet means that this threat cannot be fully eliminated. This research also discusses two more recent methods of internet attack: pharming, wherein the voter votes at a fake site, which may collect or “pharm” the vote; and man-in-the-middle, wherein a fake site impersonates the voting site to the voter, and impersonates the voter to the voting site.

·         The implication for Markham is to ensure that the vendor has techniques to prevent and correct for pharming and man-in-the-middle attacks. In addition, the vendor should specify how successful attacks of these sorts, when conducted in small-scale (i.e. affects a limited number of votes), can be remediated.

·         In general, the vendor should specify the delineation between a successful attack that can be corrected for in small-scale, versus a successful attack that is considered large-scale, and may prompt voiding of all or some part of internet voting.

Finally,

Internet voting radicalises the automation process by handling dematerialised objects. The voting process is displaced from the real world to a virtual world where the observations made directly through our perceptions (sight, touch, etc..) do not apply and which is outside the reach of the majority of citizens. [Enguehard & Lehn 2009].”

Having stated this, perhaps the majority of the citizens can be “reached” if the difference between the actual and the virtual can be narrowed, thus narrowing the gap between perceived and actual security of internet voting.

·         The vendor should be able to “make real” virtual objects. For example, the vendor should be able to print a completed paper ballot for each online vote, if need be. Or, it should be possible to print off master lists. Though this capability may seem needless, majority of citizens are comforted knowing that they would be able to “see, touch and feel” artifacts like completed ballots, which they intimately associate with voting. 

It is important to reiterate that the concerns raised by [Jefferson, Rubin, Simons, & Wagner 2004] and [Enguehard & Lehn 2009] about internet voting are based on the assumption of a one-step internet vote. Though hacker risks cannot be eliminated entirely, using a two-step method considerably mitigates the risk of hacker threats like pharming and man-in-the-middle. Moreover, “proponents of online voting claim that the risks have been exaggerated and that such panics follow most technological innovations” [Coleman 2005].

Ultimately, the concept of e-government is truly credible only when it supports online voting. But it’s important to note that internet voting need not be a “black and white” issue [Coleman 2005].

In the polarised debate about online voting, risk tends to be presented as if online elections will either be ruinous to, or panaceas for, existing problems of democracy. In reality, most successful processes operate on the basis of low risk rather than no risk. Managing risks is more achievable than seeking to eliminate them.

Opponents of online voting sometimes depict existing electoral practices as being risk-free. In fact, fraudulence has always existed to some extent in paper-ballot elections; in Northern Ireland it has been widespread. The major problems in the US 2000 election were caused by voting machines and counting methods that had been used for over thirty years.

As with other areas in which risks need to be explained or discussed with the public, communication should be characterised by openness and credibility… In the case of online voting, this entails recognition of the fact that some risks are greater and more intractable than others and that, because all activity is potentially hazardous, it is necessary to think in terms of trade-offs rather than risk-free ends. Instead of a polarised debate between technophiles and luddites, perhaps online voting requires a more mature public debate about the level of risk that is acceptable in modernising elections.”

Where does that trade-off lie? Simplistically, we offer our opinion that if an election is sufficiently high-profile and high-impact, that trade-off point may be neared.

·         It seems abstract to somehow associate the extent to which an election can be considered high profile, and high impact to online voting. A usable proxy may be the locales of IP addresses attributed to votes cast. In the two-step mode, the voter must receive two separate pieces of mail on different dates at their home address. Also Markham’s location in the populous GTA area means that servers for nearly all of the Internet Service Providers’ (ISP’s) that serve voters’ homes should be geographically close to and clustered within or near Markham. The vendor should leverage this phenomenon. That is, does the vendor have methods to detect patterns that seem anomalous in the face of this phenomenon?

·         There should be documented procedures between the IT staff at the Town and the vendor to identify, communicate, and analyze anomalous internet voting occurrences.

There are additional technical issues [Ballas 2006] that the vendor must resolve. Voter authenticity requires that only eligible voters who have passed through the two-step process may vote online. As previous mentioned, attacks like man-in-the-middle threaten voter authenticity, but there is a caveat to this risk [Ballas 2006]: “Such a threat is significant and possible in major elections (e.g. US presidential election) due to its high popularity as a target of attacks, but it is argued that it is not a particular threat in smaller elections where the stakes and spread of the voters is different” [Mohen & Glidden 2001]. System accountability means that the vendor is accountable for identifying and correcting system malfunctions and manipulation attempts in a timely manner. System availability means that the internet voting system should be online when a voter wants to vote. Internet threats like Denial of Service (DoS) attacks as well as non-malicious issues like malfunctions and other mishaps can threaten system availability. The previously-stated notion of recoverability as well as providing many dates for internet voting largely mitigate this risk, although the loss of popular support may result if downtime ends up being substantial.

Another issue, system disclosability refers to the transparency of hardware and software for third party verification. The innards of a vendor’s systems like programmatic code and technical specifications constitute the vendor’s intellectual property. Not surprisingly then, these details are not disclosed, and hence many argue that it is not possible to sufficiently scrutinize internet voting. Proponents of “open source” software in which the programmatic code is available for scrutiny tout it as a fix for system disclosability since increased scrutiny should incentivize the vendors to write better software; its opponents say that the only useful open source software already form the basis of vendors’ software anyway.

The true remedy for system disclosability lies in due diligence. The vendors must exercise due diligence in delivering a reliable, quality product that can compete in a competitive environment for internet voting systems. And Markham must exercise due diligence in systematically selecting a vendor, whose systems the Town can trust even if it may not be able to openly verify it.

From our past work with Markham, it is evident to us that the Town did a thorough analysis and tendering process for the selection of the vendor as well as the design of the internet voting procedures and protocols for the 2003 and 2006 elections. It is beyond the purview of this report to redress the overall vendor selection process.

 

 Internet Voting: Accessibility and Participation Opportunities 

Threats on voter authenticity, system accountability, system availability, and system disclosability highlight the preoccupation with the technical aspects of internet voting systems: opponents point to the inherent security flaws in internet use, and proponents tout the security features of internet voting systems. Yet, some of the most challenging issues are those that are more social.

A final key issue falls under an umbrella term of voter rights. These rights include privacy as well as the right to vote without coercion. There are also limits on what the voter can do, namely the prohibition on vote selling, bidding, and switching. What is challenging about this issue is that unlike, say, voter authenticity, solutions cannot be readily technically engineered (e.g. hacker checking) nor addressed through procedures within Markham’s control (e.g. the two-step process for internet voting). This is the other side of convenience; what happens when voting occurs behind closed doors at the home.

In terms of privacy, there lies an inherent conundrum. Ideally, it would be possible to audit and verify that the online vote was cast, collected, recorded, and stored accurately, and reflected the intent of the voter, without accessing information that could identify the voter. To use another example, note what is required to reverse an inadvertent financial transaction. A paper or otherwise auditable trail must be followed until the identity of the parties in the transaction as well as the details of the transaction can be verified. Auditing in this example is much easier because it is not constrained by the requirement to protect privacy, which is a fundamental voter right.

Some have proposed involving a fourth party, separate from the Town, the vendor’s system, and the voter [Jones 2004]. This fourth party would be responsible for independently addressing internet voting measures to ensure voter authenticity, system accountability, system availability, and system disclosability. This party would also audit results for anomalies. Most of this would be redundant, but done at arms length from other parties with a “fresh set of eyes.” However this is overly cumbersome, and would be quite expensive. Perhaps for other larger scope elections, this form of redundancy may be considered, but for Markham, this represents overkill and is not warranted. Moreover, this party may help identify, for example, instances of vote selling post hoc, but it would not resolve the audit/privacy conundrum.

There are procedures that take the notion of an independent party’s fresh set of eyes to strengthen auditing without endangering privacy by giving additional responsibility to the voter.  [Jones 2004] lists such procedures, which Markham may consider:

·         The voter is given the option to print the screen, which shows their voting choice. The printout serves as verification for the voter, and represents a subtle means to make the vote more concrete. It may be possible to even solicit these ballots using a statistical sampling plan if an after-election audit is called. Obviously, the procedure for doing this must be weighed and carefully documented. On the other side, some argue that the voter should never hold a tangible record of their completed ballot [Enguehard 2008].

·         Markham can employ parallel testing. That is, under another random sampling plan, fictitious votes may be entered into the system. These can be audited from beginning to end. It is recognized that such testing should be done before the system is live, but doing this during the voting period may add additional audit credibility. If this is done, it is crucial that there are documented and tested means to ensure that these votes are never treated as legitimate ones.     

Social engineering is a term from Information Systems security parlance. Wikipedia defines it as “the act of manipulating people into performing actions or divulging confidential information, rather than by breaking in or using technical hacking techniques (essentially a fancier, more technical way of lying).” An infamous hacker, Kevin Mitnick, stated it was much easier to trick someone into giving a password than hacking into a system. Vote selling, bidding, and switching are forms of social engineering, and as such it is easier for the perpetrator to do, and difficult to catch and design for. However as much as these acts may be do-able in a small scale, these acts are difficult to do in large scale; for example, a mass email soliciting votes would raise suspicion. So large scale damage of these acts is quite limited, and the risk of perpetrating these acts for internet voting is arguably no different than for traditional voting. Moreover, threats perpetrated in small-scale tend also to be geographically localized—e.g. buying votes from one’s neighbours and friends. As such, the threat of getting caught, punished, and ostracized by the local community is more compelling than for a hacker somewhere far away. So laws should act as deterrents against these acts.

Coercion also falls in the same category, with the additional caveat that some acts that are technically coercion by law are viewed by coercing and coerced parties as not inappropriate, never mind criminal. In any municipality in the GTA, there are numerous voters who have difficulty reading English. These voters expect language assistance from their family or friends. It is a fine line between assistance and coercion in these cases. It is not uncommon for voters to expect to be able to take their helper into the voting booth. At the voting place, election officials can deal with such situations. Yet, in the home, there is no such scrutiny. In such relatively innocuous cases, alerting the voter of what their responsibilities are should suffice. More insidious forms of coercion like intimidation and bloc voting, like other acts that corrupt voter rights, are small scale and geographically localized, and hence are limited scope threats.

·         Either in the paper material that is sent to potential internet voters or even on the website in which they vote, voters should be made aware of the criminal implications of acts like coercion, intimidation, vote selling, bidding, and switching that corrupt their voting rights.

·         For the special case where apparent coercion may result due to language difficulties, Markham should consider putting in notes about what is and is not coercion in different languages. Again this could be in paper material or on the website.

Encompassing a social perspective to internet voting allows us to expand beyond technical impediments and discuss possibilities. Recall that internet voting is a form of convenience voting that happens to use the internet. And people definitely like the convenience: not only was the percentage of convenience voting in the US federal elections 37% in 2008, it steadily increased from estimates of 14% in 2000 [Gronke 2004], and 20% in 2004 [Gronke & Toffey 2007]. What follows is a discussion of effects when people are free to vote irrespective of time and geography [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008]. These effects must be compelling enough to make the assumption of internet voting risks worthwhile.

These results generally refer to the broad category of convenience voting—which encompasses mail-in and advanced voting as well as internet voting. Though the questionnaire results from 2003 and 2006 elections are very helpful, there is not nearly enough data for broader inference from the Markham and other internet voting experiences. Much more can be inferred about convenience voting. In proceeding further, it is assumed that reasonable inferences about internet voting can made from reviews of the data on convenience voting.

Will the Town’s use of internet voting indeed raise participation, and will it change the composition of voters? Will some constituents be more inclined to vote because the internet option is available? Will there be some constituents whose participation will be unaffected [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008]?

Not surprisingly, the public response has led many politicians to claim that convenience voting increases turnout. Political science research is substantially more skeptical. Voters decide whether to vote before they decide how to vote.

Having said that, there is something very pertinent to Markham, which jibes with the results of the post-election questionnaire results [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008]:

Some suggestive evidence, but not many empirical results, shows that voters use convenience voting procedures differently across election contexts—in particular, that the impact of convenience reforms is greater in lower-intensity contests. In general, the research concludes that convenience voting has a small but statistically significant impact on turnout, with most estimates of the increase in the 2%–4% range.

In Markham, where elections are more often than not “lower-intensity contests,” internet voting may very well contribute to reaching the moderately enthused voters. But what (or more specifically who) is on the minds of the convenience voters [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008]?

[D]emographic differences raise an important question for politicians who have to vote on legislation mandating new convenience voting methods: Do they help or hurt my political party and my own chances at reelection? Political science research has examined the partisan consequences of convenience voting reforms and found that political leaders have little to be concerned about.

These studies all suggest the same pattern: Voters who use convenience voting are more politically aware, more partisan, and more ideologically extreme.

Convenience voting does not appear to provide an advantage towards any political inclination. It may however reward the better-organized [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008].

Convenience voting reforms disrupt the timing and flow of elections. Campaigns must adjust to new laws and create strategies that maximize the new opportunities that early voting creates.

At the most basic level, allowing voters to cast ballots before Election Day extends the “final push” of mobilization back several weeks, raising the costs of campaigns’ “get out the vote” efforts. [Gronke 2004]

On the other hand, it is possible that convenience voting may actually result in more efficient campaigning. Convenience voting provides campaigns with the opportunity to direct their resources and efforts in a more strategic manner. Many states with significant numbers of absentee ballots publish which voters have turned in their ballots prior to Election Day, creating a real-time public record of who has and who has not voted. This could enable campaigns to mobilize core supporters early by calling those who have not already voted and then turning their efforts to undecided swing voters.

In fact in the recent Halifax elections, candidates were able to track who had already voted online, which had led to a decrease in crowding by candidates’ representatives at the physical voting places [Goodman, Pammett, & DeBardeleben 2009].

On one hand, circumspection is required in discussing the main touted benefits of convenience voting: increased voter participation and cost reduction.

In summary, convenience voting lowers the cost of turnout, but unequally across different groups in the population. Contrary to expectations that convenience voting reforms would dramatically increase turnout, most estimates are that these reforms have, at best, a marginal, though statistically significant, impact on voter participation. [Traugott 2003]

No academic studies that we are aware of have taken up the question of the costs of elections with convenience voting. The costs of elections has been referred to as the “holy grail” of election administration research because so little is known about the subject. [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008]

On the other hand, a recent report for Elections Canada analyzes the three highest profile internet voting elections in CanadaMarkham, Peterborough, and Halifax—and states data that show increased voter turnout. Moreover, internet voters were very satisfied with their voting experience and significantly in favour of voting online again [Goodman, Pammett, & DeBardeleben 2009].

While turnout overall remained unchanged in the 2003 [Markham] election (28 percent), turnout in the advance polls increased by 300 percent… In 2006, advance voting on-line increased by 48 percent… a portion of previous non-voters (25 percent in 2003 and 21 percent in 2006) declared that they had decided to cast a ballot because of the convenience of Internet voting. One hundred percent of the voters who voted on-line in 2003 reported they would vote on-line again in the future and 91 percent in the 2006 survey indicated they would be “very likely” to do so [CANARIE 2004; Delvinia Interactive 2007].

In all, 14 percent of electors [for Peterborough] who voted cast their ballots over the Internet (3,473 of 25,036). The largest group of on-line voters was baby boomers. Specifically, 70 percent of on-line voters were 45 and older, and the highest rate of use was among electors aged 55 to 64. Only 14 percent of those aged 18 to 34 voted on-line [City of Peterborough 2009].

Though voter turnout [in Halifax] did not increase overall (from 2004 to 2008 it dropped from 48 percent or 125,035 voters to 38 percent or 100,708 voters) turnout on advance voting days (where remote Internet and telephone voting were offered as options) increased by more than 50 percent (from 14,000 electors in 2004 to 29,000 electors in 2008) despite it only being offered for a three-day period... Municipal officials were sufficiently pleased with the 2008 pilot project that they recently conducted another remote Internet and telephone voting trial as part of a special by-election that took place on September 19, 2009. This time, however, the option to vote using the Internet or telephone from remote locations was continuous (from the first voting day up until and including election day). This is the first instance in Canada where remote Internet voting was an option throughout the entire voting period. Voter turnout was 35 percent, a 12 to 25 percent increase from turnout in the three previous by-elections (21, 10 and 23 percent respectively) and 75 percent of all votes cast were electronic.

The Halifax case is particularly compelling because results there likely will lead to cost savings in the future for the overall election, one of the holy grails of internet voting [Goodman, Pammett, & DeBardeleben 2009].

Overall, HRM [Halifax Regional Muncipality] personnel are sufficiently pleased with the trials that they plan to eliminate a substantial number of polling stations in the 2012 municipal election. Council anticipates this will result in “increased turnout, lower election costs, and happier electors.” If these considerations are accurate, the Halifax model may be an important methodology to consider in the development of an electronic voting program in other Canadian jurisdictions.

It is important to triangulate these data about voter satisfaction with other data from more research-oriented studies. In a carefully designed academic study that used various data collection methods like pre- and post- election questionnaires as well as focus groups, interviews and log file analysis, 14 field experiments were conducted over various European locations that were in the middle of actual elections for municipalities or professional organizations [Oostveen & Van den Besselaar 2009]. Salient findings from the study corroborate other academic studies as well as the results from Canadian elections.

Different demographics found the internet voting instances to be a relatively user-friendly experience, with many finding the experience surprisingly easy and brief. Moreover, Markham’s elections have historically not been what would be called overly complicated. Noteworthy however, was that in over ¼ of the cases people forgot their passwords.

·         If not already in their standard procedures, Markham should conduct some usability tests. This is especially important if the user interfaces provided by the vendor differ substantially from those of the 2003 and 2006 elections, and if additional information (different from 2003 and 2006) needs to be presented to the voters. In particular, ways to make the task of voting easier and more seamless once the potential internet voter has received their password should be explored. In addition, usability testing should also be extended to examine all paper documentation that voters receive—e.g. is it easy to find the directions, or how should alternate language instructions be presented.

These experiments also corroborate academic studies and Canadian municipal elections results about general voter participation [Oostveen & Van den Besselaar 2009].

The medium apparently does not attract those citizens who are not already politically engaged. This could indicate that the appeal of a new voting system is in general not very high and that turnout is not based on the voting method, or that there are other more organisational issues that play a part. In Orsay, the high number of registered voters may be explained because the City Hall organised the voting session, and all residents received an official letter of invitation.

[Goodman, Pammett, & DeBardeleben 2009] note the intense marketing campaign for internet voting in Markham. And [Oostveen & Van den Besselaar 2009] point out that internet voting participation is higher when the quality of the voter registration information is better. That is, internet voting alone cannot ensure improved overall voter participation; it in combination with organizational efforts like marketing campaigns and registration drives may.

Finally, many studies have shown that internet voting does have a bias towards younger, technically savvy (or at least comfortable with computer use), more affluent voters [Caporusso, Buzzi, Fele, Peri, Sartori, & di Sociologia 2006; Reniu 2005]. As long as elections provide both convenience and Voting Day voting options, any bias against older, less computer literate is mitigated by this group’s usual propensity to be engaged in elections. Moreover, the experience from Peterborough—which has a large older population—and usability studies imply that as long as internet voting is not too complex the older group is willing to vote online. Municipal elections generally do not require complicated ballots and so a complex user interface need not be employed. Also, internet voting obviates the potentially complicated task of installing voting software, instead requiring the user of a Web browser that even those who would self-identify as computer illiterate generally know how to use.

Finally, one subtle issue that is presented as a downside to internet voting is that it can perturb the civic-minded, “water cooler” culture that forms around voting places on Voting Day.

[S]cholars ask whether the decline of the precinct place will change the position of elections and of Election Day in the way that democracies operate.  [Gronke, Galanes-Rosenbaum, Miller, & Toffey 2008]

Finally, perhaps the most significant social concern is the threat of disintegration of social capital or civic life. The proliferation of electronic election services has the power, some say, to alter the nature of electoral participation by causing more electors to vote alone instead of at a polling place with others. This threatens to erode civic life, local social networks and groups related to elections. [Goodman, Pammett, & DeBardeleben 2009]

However, the other side can also be argued: that internet voting can be the basis for a virtual, more persistent water cooler culture. As the Halifax example demonstrates, internet voting can serve as a driver for re-thinking and improving campaigning and canvassing strategies. There are other complementary innovations that use IT and the internet to enrich the relationship between candidates and prospective voters. For example, through the Smartvote Website, Swiss municipal politicians fill out questionnaires that collect their positions on issues weeks prior to an election. Potential voters can then match their views on issues with those of the politicians, and even analyze and visualize politicians’ positions [Thurman & Gasser 2009]. Also, the politicians are able to post their positions and other news and update their postings.

In traditional voting, there are few contact points between candidates and their constituents. Certainly the vote itself is one; a conversation while canvassing is another. A website like this mediates, enriches, and keeps persistent a personalizable (as opposed to a generic sign on the neighbour’s lawn) dialogue between the candidates and their constituents. Businesses right now are exploring strategies to maintain dialogue with their customers and they are finding that social media—blogs, Wikis, Facebook, LinkedIn, and social bookmarking sites—provide them this opportunity. Blogs and social media groups are now heavily put to use by politicians in US, Canada and elsewhere.

Markham’s internet voting experiences represent a platform from which information technology mediated conversations with constituents can be developed and fostered. Ultimately, its symbolism as a platform for more personal and enriching interactions with government represents a subtle but potentially powerful additional rationale for internet voting in Markham.

 [I]n a dynamic social and technological environment inaction can have negative consequences. If cultures of shopping, banking, playing games and socialising are increasingly moving online, the failure of the political sphere to move in tandem risks confining it to eccentric marginality. This might be the strongest argument for voting online: the symbolic message is delivered that democracy is consistent with contemporary culture. The risk of such symbolism for the political elite – and a democratic opportunity for citizens – is that online voting will stimulate a public appetite for a more interactive system of representation before and after elections. [Coleman 2005]

 

References

Alvarez, R. M., S. Ansolabehere, A. Berinsky, G. Lenz, C. Stewart III, & T. E. Hall. (2009). 2008 Survey of the Performance of American Elections. Boston/Pasadena: Caltech/MIT Voting Technology Project.

Ballas, A. (2006). E-Voting: The Security Perspective. London: England: London School of Economics.

CANARIE. (2004, February 2). "Canada’s First Study on Internet Voting Proves Voters Want e-Democracy". News Release.

Caporusso, L., C. Buzzi, G. Fele, P. Peri, F. Sartori, & F. di Sociologia. (2006). "Transition to electronic voting and citizen participation". In R. Krimmer (Ed.), Electronic Voting (pp. 191-200): LNI Proceedings.

City of Peterborough. (2009, August 21). "City of Peterborough, Internet Information Guide 2006, 2006 e.lection: Go On-line to Be First in Line". 2009

Coleman, S. (2005). "Just How Risky is Online Voting?" Information Polity, 10(1-2), 95-104.

Delvinia Interactive. (2007). Understanding the Digital Voter Experience: The Delvinia Report on Internet Voting in the 2006 Town of Markham Municipal Election.

Enguehard, C. (2008). "Transparency in Electronic Voting: the Great Challenge". Paper presented at the IPSA International Political Science Association RC 10 on Electronic Democracy, Stellenbosch, South Africa.

Enguehard, C., & R. Lehn. (2009, July 13). "Vulnerability analysis of three remote voting methods". Paper presented at the XXI IPSA World Congress of Political Science, Santiago, Chile.

Goodman, N., J. H. Pammett, & J. DeBardeleben. (2009). A Comparative Assessment of Electronic Voting. Ottawa: Canada: Strategic Knowledge Cluster: Canada-Europe Transatlantic Dialogue.

Gronke, P. (2004, September 2-5). "Early voting reforms and American elections". Paper presented at the Annual Meeting of the American Political Science Association, Chicago: IL.

Gronke, P., E. Galanes-Rosenbaum, P. A. Miller, & D. Toffey. (2008). "Convenience Voting". Annual Review of Political Science, 11, 437-455.

Gronke, P., & D. Toffey. (2007, September 2-5). "The psychological and institutional determinants of early voting". Paper presented at the Annual Meeting of the American Political Science Association, Chicago: IL.

Hole, K., & L.-H. Netland. (2010). "Toward Risk Assessment of Large-Impact and Rare Events". IEEE SECURITY & PRIVACY, 8.

Jefferson, D., A. D. Rubin, B. Simons, & D. Wagner. (2004). "Analyzing Internet Voting Security". COMMUNICATIONS OF THE ACM, 47, 10-59.

Jones, D. W. (2004). "Auditing elections". Communications of the ACM, 47(10), 46-50.

Mohen, J., & J. Glidden. (2001). "The case for internet voting". Communications of the ACM, 44(1), 72.

Oostveen, A. M., & P. Van den Besselaar. (2009). "Users' experiences with e-voting: a comparative case study". International Journal of Electronic Governance, 2(4), 357-377.

Pieters, W. (2006). "Acceptance of voting technology: between confidence and trust". Lecture Notes in Computer Science, 3986, 283.

Reniu, J. M. (2005). Improving Citizen Participation Through the Use of Electronic Voting. Madrid: Ayuntamiento de Madrid.

Sawada, M., D. Cossette, B. Wellar, & T. Kurt. (2006). "Analysis of the urban/rural broadband divide in Canada: Using GIS in planning terrestrial wireless deployment". Government Information Quarterly, 23(3-4), 454-479.

Statistics Canada. (2009). "2006 Census: Community Profiles - Markham".   Retrieved March 22, 2010, from http://www12.statcan.ca/census-recensement/2006/dp-pd/prof/92-591/details/Page.cfm?Lang=E&Geo1=CSD&Code1=3519036&Geo2=PR&Code2=35&Data=Count&SearchText=markham&SearchType=Begins&SearchPR=01&B1=All&Custom=

Thurman, J., & U. Gasser. (2009). Three Case Studies from Switzerland. Cambridge, MA: Berkman Center for Internet & Society at Harvard University.

Town of Markham. (2009). "Community Sustainability - Markham's Draft Sustainability Goals - Social+Cultural Well-being".   Retrieved March 22, 2009, from http://www.markham.ca/Markham/aspc/sustainability/goals/socialequity.asp

Town of Markham Economic Development Department. (2009). Economic Profile. Markham, ON.

Traugott, M. W. (2003). "Why Electoral Reform Has Failed: If you build it, will they come?" In A. Crigler, M. Just & E. McCaffery (Eds.), Rethinking the Vote: The Politics and Prospects of American Election Reform (pp. 167–184). New York: Oxford University Press.

 

 


COMMITTEE/COUNCIL ITEM TRACKING FORM

Revised: September 2009

COUNCIL

 

DEVELOPMENT SERVICES

Planning            

Economic Dev.

Transportation   

GENERAL

Community Services                               

Environment & Sustainability                  

Finance & Administrative                        

Lands, Building & Parks Construction      

TARGET MEETING DATE

May 3, 2010

DATE REPORT AUTHORED

April 23, 2010

 

ITEM TITLE

Approval of Alternative Voting Methods - 2010 Municipal Election

AGENDA SECTION

TIME TO BE ALLOCATED

Presentation/Deputation            Consent                           Regular

45 minutes

CONFIDENTIAL REPORTS

For in camera reports, please indicate appropriate subsection of  s239(2) Municipal Act ( all applicable):

(a) Security of Property                                                   (e) Litigation or potential litigation         

(b) Personal matters about  individual                               (f) Solicitor-client privilege                    

(c) Acquisition/disposition of land                                    (g) Legislated authority to be in camera  

(d) Labour relations/Employee negotiations

 

ORIGINATOR  Andrew Brouwer            Ext. 8220

CONTACT same as originator     Ext.

DOES THE REPORT, PRESENTATION, BY-LAW AFFECT OTHER DEPTS:

Yes     No  (List all departments impacted and being consulted on this report.)

Electronic Approval Required by:

Department

Individual

Obtained

Commissioner, Corporate Service

Andy Taylor

CAO

John Livey

 

 

 

 

 

 

 

Attachments:

 

 

 

Comments & Questions: