From Statutes To Ballots: Assessing The Legal Facets Of Evms In Pakistan

Abstract

The echoes of rigged elections have always been witnessed immediately after elections, and democracies like India and Brazil have opted for electronic voting to overcome these chants. Since its first elections in 1970, the history of Pakistani elections has been written with a series of rigging allegations. The electoral experts and a major political party are raising queries to adopt electronic voting to curb these allegations; however, without assessing the implications of Electronic Voting Machines (EVM), its direct adoption can be more catastrophic than the ordinary chants of rigging, resulting in the derailing of democracy in the country. This research was also carried out expecting the implementation of EVM in Pakistan in the next ten years. This research aims to provide insight into the legal implications of EVM in the Pakistani electoral arena and compare the electoral laws of Pakistan to make them conform to the requirements for the adoption of EVM. A mixed-method research method with a case study design has been utilized in this research. An expert sampling technique was opted to gather data from the legal experts, and factor analysis was applied to determine the factors affecting the implementation of EVM. However, research results found that current electoral laws contradict the implementation of EVM. This research highlights the upcoming role of the judiciary in dispute resolution after the implementation of EVM and the requirement for fresh legislation. The requirement of security protocol, audit and testing of EVM machines, and public awareness have been highlighted in this research to make the implementation of EVM acceptable to the public. The findings guide policymakers to align technology advancements with the fundamental principles of democracy, thereby establishing a robust and advanced election system in Pakistan.