E democracy as a precondition of digidemocracy1

Aleksandar Markovic

1
Rad je nastao u okviru projekta Pravo i nove tehnologije.
 1. Introduction

E-democracy is process, which considers all ways of electronic communication

between administration and citizens. In narrow sense e-democracy relates on all
processes which encourage electronic communication between voters and those who are
elected on public functions. For that reason, e-administration can be observed as an
instrument of strengthening of democracy in society.2

Еlectronic voting is method which using modern technologies improve conditions

improving conditions for realization of active and passive electoral right and raise quality
of electoral process.3

From creation of theory of sovereignity of people which created Jean Jacque Rousseau
in 18th century, polemic about legal nature of electoral right exists. Today exists three
different theories about legal nature of that right.4 According to first, in which basis is
Rousseau’s understanding of sovereignity of people, where individuals which are people
keep part of sovereignity, electoral right is individual right which belongs to each
individual. According to second theory, electoral right is public function, established with
constitution for expressing national will. Third theory is compromise between first two
and bu its electoral right is in the same time, individual right and public function.5

1.1. E-democracy

E-democracy as a new term in political and legal life, relates to all processes which
encourage electronic communication between voters and those who are elected on public
functions. Creation of phenomenon of E-democracy is result of more intensive using of
modern technologies in daily life of ordinary citizen, and also desire of governments of
different states that will usage of modern tools of communication raise participation of
citizens in political life.6

I think that e-democracy in 21st century will change political systems in a lot of
developed states in order that will be broader participation of citizens in political life. In
that reason institutes of direct democracy will be refreshed and politicians will be more
controlled in their jobs, so corruption will diminish and ordinary citizens will have more
chance to develop themselves and to be happier.
2
D. Šuput, „Еlektronsko glasanje i elektronska demokratija”, Pravni život, br. 10/2005, Beograd 2005, 185.
3
Ibid.
4
R. Marković, Ustavno pravo i političke institucije, Službeni glasnik, Beograd 1996, 272.
5
D. Šuput, 187.
6
Ibid., 188.

2
 E-democracy is issue which was analyzed by professor Stephen Coleman. He gave
first definition of e-democracy: „E-democracy is usage of new digital technologies for
amelioration of democratic relations of government and those are governed, and
amelioration of representatives and those who are represented.”7

More presiced definition of e-democracy was given by Steven Clift. He considers that
e-democracy is usage of informatic and communicative technologies (ICT), and
application of different strategies in development of that area, from „democratic sector”
which exist in space of political process which is going on in local communities, states,
nations and on global level.8

By his opinion „democratic sector” contains several members of democratic

processes: Government, Elected functioners, Medias, Political parties and interest groups,
Institutions of civil society, International organisations, Citizens-voters.9

So, it can be concluded that basic element of term e-democracy is implementation of

modern technologies in democratic processes and relations. Beside that technical-
technological element, exists social-political element of e-democracy which is seen in
electronic participation. Electronic participation represents all possible ways how new
technologies can be used in democratic processes, in order that politicans and public can
be better connected in time which passes during two electoral cycles. Electronic
participation considers all democratic processes which result by establishing and
maintaining communication and dialogue between citizens, political parties and
government.10

According to document of British government called „In the Service of democracy“,

there are four ways of electronic participation:

1. Implementation of surveys and collecting information from citizens. Example of

this way of participation is online petitions implemented by Scottish parliament. There is
also possibilty that about some topic which is discussed, can start online discussion on
web page of parliament.11

2. Dialogue between citizens and political representatives. Nowadays there is a lot of

space for improving this dialogue using social networks, especially Facebook and
Tweeter. Facebook enables creating groups which can be very well organised, and where
ordinary citizens can follow how their representatives act on some important political
issues. Tweeter enables quicker discussion of politicians and citizens, and also debate
between people who don’t support the same political idea.

7
http://www.theguardian.com/society/2003/jun/19/politics.technology, 29.12.2015.
8
http://stevenclift.com/, 29.12.2015.
9
Ibid.
10
D. Šuput, 190.
11
http://www.scottish.parliament.uk/, 29.12.2015.

3
 3. Dialogue between citizens and political parties. This dialogue can be better
implemented via Facebook, especially because Facebook groups. It is interesting which
status of that groups will be. I mean that Facebook groups can be opened and closed. So,
in this sense it should expect that groups will be closed, mostly because political parties
tend to gather all members and supporters in one place. It is very important that with
social networks all people who support one political party can be connected in digital
sense.

4. Dialogue between non-governmental organisation and interest groups. Also, this

type of dialogue will be possible by social networks, especially via Tweeter, because this
dialogue will be lead in ideological conflict.

So, it is necessary to enlight a little bit this division. E-democracy can’t exist without
implementation of this four dialogues. But e-democracy can’ t overcome all obstacles
which are posed with system f representative democracy. For that reason, usage of social
networks can be very important and relevant for creation possibilities of creating political
system of direct democracy. So, direct democracy in digital era will be called
digidemocracy and it will be new type of political regime which will enable to any citizen
in the world to participate in politics of its municipality, city, state, continent and world.
But before that day comes, it is very important to develop e-democracy. In short term, e-
democracy is capable by technical solutions which offer, to raise turnout of citizens on
elections and to regain earlier interest of citizens for political processes.12

Electronic direct democracy (EDD), also known as direct digital democracy (DDD), is
a form of direct democracy which utilizes telecommunications to facilitate public
participation. Electronic direct democracy is sometimes referred to by other names, such
as open source governance and collaborative governance. Entrance into the informatic
society creates revolutional changes in all spheres of social life. Those changes are visible
in democratization of process of making-decisions.

Development of informatic-communication technologies creates development of

direct democracy.

EDD requires electronic voting or some way to register votes on issues electronically.
As in any direct democracy, in an EDD, citizens would have the right to vote on
legislation, author new legislation, and recall representatives (if any representatives are
preserved).

Technology for supporting EDD has been researched and developed at the Florida
Institute of Technology, where the technology is used with student’s organizations.
Numerous other software development projects are underway, along with many
supporting and related projects. Several of these projects are now collaborating on a
cross-platform architecture, under the umbrella of the Metagovernment project.

12
D. Šuput, 192.

4
 EDD as a system is not fully implemented in a political government anywhere in the
world, although several initiatives are currently forming. Ross Perot was a prominent
advocate of EDD when he advocated "electronic town halls" during his 1992 and 1996
presidential campaigns in the United States. Switzerland, already partially governed by
direct democracy, is making progress towards such a system.

The first mainstream direct democracy party to be registered with any country's
electoral commission is the UK's People's Administration Direct Democracy party. The
People's Administration have developed and published the complete architecture for a
legitimate reform to EDD. Established by musicians and political activists, the People's
Administration advocates using the web and telephone to enable the majority electorate
to create, propose and vote upon all policy implementation. The People's Administration's
blueprint has been published in various forms since 1998 and the People's Administration
is the first direct democracy party registered in a vote-able format anywhere in the world
– making transition possible through evolution via election with legitimate majority
support, instead of potentially through revolution via violence.

2. E-voting

E-voting is new phenomenon, which appeared at the end of 20st century. E-voting
contains always combination of several methods for implementation of process of voting:

1. E-counting – it is used only for marking systems which electronic uses only during
counting votes and not for other phases of process of voting.

2. Voting via electronic machines – it is necessary to have usage of machines for

voting and counting after that. This method includes some important elements:

1) Touch screen systems – enable voters with touching of some part of screen
where is option for which they want to vote. These systems are broadly
implemented in The Netherlands, and they are tested experimentally in three
municipalities in Great Britain.

2) Systems based on PC technology – enable voters to give vote with usage of

machines which beside screen has keyboard and mouse. They are used in
Brasil.

3) Static and mobile kiosks – inside these kiosks are installed PC systems or
touch screen systems which enable voting.

All this three systems are named DRE (Direct Recording Electronic machines)
systems. Beside that system exists RVEM system (Remote Voting by Electronic Means)
which represents voting on distance by using which goes on by usage of electronic.13

13
Ibid., 194.

5
 There are several technical solutions for implementing RVEM system:

1. Telephone voting

2. SMS voting

3. Internet voting

4. Interactive digital television ( iDTV)

Basic problem which has to be solved by implementing of E-voting is weaker turnout

of citizens on elections.14

For appropriate implementation of e-democracy it is necessary to formule some basic

rights of voters, basic procedures of voting and basic standards for whole process.
Committee of ministers of Council of Europe adopted recommendation on 30. September
2004. named „Legal, operative and technical standards for electronic voting” which was
prepared by multidiscipline ad hoc group specialized for legal, operative and technical
standards in a way with electronic voting.

This recommendation is split on three parts:

First part is related on legal standards and universal principles of freedom, equality,
secrecy in relation of right of voting.

Second part is related on operative standards which are applied on all phases of
electoral process.

Third part is related on technical requests in a way of possibility of access to voting,

safety of voting and control of electoral process.

Recommendation is brought on basic idea that direct democracy will make it possbile
participation of all citizens on national, regional and local level in political processes. The
objectives of the recommendations were:

1 To allow voting with seats away from the polling places,

2 Facilitating the participation in elections and referendums of all those who want to
vote, particularly those who reside in abroad.

3. Providing access to the voting process to people with disabilities needs that can not
be physically present at the polling stations.

4. Increasing voter turnout by allowing additional methods of voting,

14
Ibid., 196.

6
 5. Increasing the use of new technologies in order to develop democracy,

6. Reducing the total cost of elections and referendums,

7. More reliable and faster obtaining voting results,

8. Providing voters with better service because they can allow different ways of
voting.

Legal standards recommended by the Council of Europe entitled „Legal, operational

and technical standards for e-voting"are divided into legal principles and procedural
issues. Legal principles outlined in this recommendation are:

1. Universal suffrage -voting interface of e-voting must be understandable and easily

usable, and registration for e-voting shall not constitute an obstacle for voters, e-voting
must be designed so that as much as possible to vote of persons with special needs,
except eBallot a distance that is universally available, other forms of e-voting should they
represent only an additional option for voters.

2. Suffrage in the framework of an election or referendum, a voter will be prevented

from voting more than once using the electronic ballot box and power will only vote if
not previously voted, the voter will be unable to vote more times KORSTEC different
ways of voting, each vote given by electronic means shall be counted only once, at
polling stations where used eBallot and usually vote at the same time being enlisted safe
and reliable the method of determining the exact number of total votes.

3. Freedom of voting -e-voting organization shall be provided free the formation and
expression of the will of the voters, the voters will be able to change their choice during
e-voting before finally casting their vote, e-voting system will not permit any
manipulative influence voters during voting, e-system voting must clearly show that the
voter voted successfully and that the whole voting procedure is completed successfully,
and email system will prevent the change will when voters have already voted.

4. Secrecy of voting - e-voting will be organized so that even where stage voting will
not compromise the secrecy of voting, e-voting system shall guarantee that votes in the
electronic ballot boxes remain anonymous and that it is not possible to reconstruct a link
between the vote and the voter, e-voting system will be designed so that the result of the
vote results in any electronic ballot box can not connect with other voters, and will be
taken all measures necessary to ensure that information required during electronic
processing can not be used to violate the secrecy of voting).

Procedural issues from these recommendations should provide:

7
 1. Transparency - being undertaken all necessary measures to voters to understand the
e-voting system and to have confidence in the system, information about the functioning
of e-voting systems must be publicly available, voters must have the opportunity to
practice a new method of e-voting before.

2. Verification of the results -with the components of electronic voting will be to

inform the competent electoral authorities for inspection and certification before as an
electronic voting system starts to work, and in appropriate intervals, and especially if
there are some changes in the system.

3. Independently body, appointed by the electoral authorities, shall verify that the
electronic system for voting is working properly and whether it has taken all necessary
security measures.

4. Reliability and security of e-voting will take all necessary steps to avoid the
possibility of fraud or unauthorized intervention affecting the system.

5. During the entire process of voting, e-voting system shall contain measures
necessary for continuous operation of e-voting systems regardless of failures and attacks
on the system, before commencing the electronic voting. Competent electoral authority
shall satisfy itself that the e-voting system, an original and working properly.

6. Only a person appointed by the electoral authority shall have access to the central
infrastructure, server and data source, Critical technical activities shall be performed by
teams of at least two people, team composition will be changed out regular, and
whenever is possible.

3. Advantages of E-voting

In life there are several advantages of e-voting such as:

1. Creation of better conditions for realization of right to vote as fundamental political

right. It is easier for sick people to vote from hospitals, students from dormitories...

2. Improvement of conditions for realization of right to vote of persons who have

some kind of invalidity. For example blind people could vote by telephone for voting,
which will enable to give a vote without help and presence of some other person.

3. Diminishing of errors made by voters during voting. E-voting gives possiblity to

correct error, well-known by term second-chance voting.15

15
http://www.bizjournals.com/seattle/stories/2003/12/15/daily23.html, 30.12.2015.

8
 4. Creation of possibilities for faster and more precise counting of votes. Counting of
votes by electronic way is too short.16

5. Reducing of costs preparation and implementation elections. E-voting doesn’t

request a lot of people to take care about electing box.

Conclusion

As far as I managed to enlight some perspectives of e-democracy, it is obvious that

this is future of social sciences. But somehow, there are various questions, such as
security of voting. It is possible to solve it with prescribing publicity of voting as a
constitutional category in every state. For appropriate implementation of e-democracy it
is essential to have fulfillment of some conditions. They are: protection of fundamental
democratic values, possibility of choosing various techniques of voting, decentralization
of administration and strategy of implementation e-voting from perspective of education
for implementation of modern technical equipment.

But, nevertheless, e-democracy has to be only first step in process of conquering

freedom for citizens. As I mentioned, digidemocracy is political regime, which will be
future for humanity. Informatic revolution has to make an influence in social sciences.
For that reason, achievements of technology and specially achievements of social
networks has to be an impact for better political regime, which all citizens will have right
to express their believs, and also to have power to control elected representatives with
imperatival mandate. Only with refreshing institutes of direct democracy and principle of
unity of power, people will feel real freedom. Influences of political parties will diminish
and politics will become free, open and public for all citizens. It will be similar like
political regime in Ancient Athens. With establishment of that regime, conflicts between
people will disappear and love and humanity will govern. Until that day comes, all
progressive people are obliged for realization of that aims, with no excuse. Their struggle
will be leading force for future generations in order to live in a better world.

Litterature:
16
D. Šuput, 202.

9
1. Šuput Dejan, „Еlektronsko glasanje i elektronska demokratija”, Pravni život, br.
10/2005, Beograd 2005

2. Marković Ratko, Ustavno pravo i političke institucije, Službeni glasnik, Beograd

1996.

3. http://www.theguardian.com/society/2003/jun/19/politics.technology

4. http://stevenclift.com

5. http://www.scottish.parliament.uk/

6. http://www.bizjournals.com/seattle/stories/2003/12/15/daily23.htm

10