Re: [E-voting] Re: Legal/Constitutional Opinions on eVoting (was: Electronic Voting in the Dáil Yesterday)

Ciaran Quinn election at polarbears.com
Sun Jan 1 14:19:04 GMT 2006



Keith Martin wrote:

>Unfortunately the Ceann Comhairle has disallowed the question.  He says
>Ministers aren't responsible for legal advice sought or given and therefore
>can't be asked questions about it (including whether they sought or were given
>legal advice, apparently).
>
>I'm looking at some other ways of asking the same question.
>  
>
Here is a sort of answer ( from the Examiner 18/2/2004):-
"The turnaround occurred within 12 hours. On Monday night, both Mr Ahern 
and Tánaiste Mary Harney expressed full confidence in the system, 
without voicing any reservations about any aspects of Mr Cullen's 
proposals.

However, at its weekly meeting yesterday morning, the Cabinet changed 
its position after receiving advice from the Attorney General.

The Tánaiste gave the first inkling of the change yesterday morning when 
she qualified her endorsement of the previous night, by saying issues of 
verification had been identified."

From: http://archives.tcm.ie/irishexaminer/2004/02/18/story20713060.asp

Presumably this means that the AG told them that  a legal challenge 
would probably succeed if e-voting had been used in the 2004 elections. 
I wonder if the CEV was established in order to provide the least 
embarrassing way of avoiding using the system? Embarrassing as it was 
for the govt., imagine how much worse things would have been if a legal 
challenge had succeeded the week before the elections - our European 
elections would have to be postponed which would no doubt make headlines 
across Europe.

Ciaran

>KEITH
>
>
>Quoting Keith Martin <keith at keith.gs>:
>
>  
>
>>I've just had the following question submitted:
>>
>>
>>************************
>>To ask the Minister for the Environment, Heritage and Local Government, Mr
>>Roche:
>>
>>Has a legal opinion been sought in relation to the conduct of elections or
>>referendums where an electronic voting system is used; where such opinion
>>might
>>be viewed; and if he will make a statement on the matter?
>>
>>Ruairi Quinn TD (Labour Party)
>>For written reply
>>Submitted 1st December 2005
>>************************
>>
>>The wording might seem a bit wierd, but there's a particular way to ask
>>parliamentary questions in order to get answers!  
>>I unfortunately missed this morning's deadline, but it'll get answered on
>>Tuesday 13th December.
>>
>>
>>I'm also told that in one of Labour's submissions to the CEV, it was argued
>>that
>>eVoting was unconstitutional.  It wasn't in the main "Labour Party" one, but
>>was
>>in one of the ones submitted by Labour Party representatives or members - I
>>just
>>can't remember which!
>>
>>KEITH
>>
>>    
>>
>
>
>
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