Despite our best efforts, this document may present obstacles to accessibility. If you find it hard to read, please do not hesitate to contact us by phone at 418 528-0422 (toll-free: 1 888 353-2846) or by e-mail at [email protected]. INTERNET VOTING in the Québec context: A study DGE-10627-VA (20-05) DGE-10627-VA NOTE For ease of reading, the blank pages contained in the printed document have been removed from the PDF version. However, the page numbering has not been changed. The page numbers therefore correspond to those in the paper version. © Directeur général des élections du Québec, 2020 Legal deposit – Bibliothèque et Archives nationales du Québec, 2020 Library and Archives Canada ISBN 978-2-550-86792-0 (printed version) ISBN 978-2-550-86795-1 (PDF version) Table of Contents Introduction . 3 CHAPTER 1 Democratic Voting Principles............................................................... 7 CHAPTER 2 Voting in Québec............................................................................. 13 CHAPTER 3 Internet Voting in Canada and Around the World ....................................... 49 CHAPTER 4 Technical Considerations ................................................................... 99 CHAPTER 5 Results of Consultation on Internet Voting in Québec................................... 117 CHAPTER 6 Analysis of Internet Voting in the Québec Context ...................................... 145 Conclusion and Recommendations................................................. 187 1 Introduction A mandate from the Assemblée nationale On June 6, 2018, the Assemblée nationale du Québec adopted Bill No. 185, An Act to defer the next general school election and to allow the Government to provide for the use of a remote voting method.1 During particular consultations on this bill and, the previous year (2017) before the Committee on Institutions, the Chief Electoral Officer proposed to conduct a study on the partial or complete introduction of Internet voting in provincial, municipal and school elections.2 Following those consultations, the Assemblée nationale unanimously passed a motion on June 14, 2018, in which the Chief Electoral Officer was mandated to[ translation] “conduct a study for the purpose of proposing a remote voting method within the space of two years, in accordance with the adoption of Bill No. 185 by the National Assembly.”3 In the spring of 2019, the government announced its intention to abolish school elections in Québec.4 Subsequently, the Chief Electoral Officer refocused his mandate to concentrate on studying Internet voting in the Québec context. Furthermore, the worldwide COVID-19 pandemic that has been raging since the beginning of 2020 is generating some interest in Internet voting. At first glance, having the option to vote via the Internet may appear to be an interesting solution for holding elections in a context where unprecedented physical distancing measures are required. However, such a decision cannot be taken lightly and requires careful consideration, which we hope to nourish with this study. The introduction of Internet voting, if it occurs, will require time and caution. It cannot be done in a hurry. 1. This Act provides that the Government may, “by regulation, after consulting the Chief Electoral Officer, allow the use of a remote voting method for the general school election of 1 November 2020 and determine the applicable conditions and procedure.” (SQ, 2018, c 15, s. 5.) 2. Directeur général des élections du Québec, Audition du directeur général des élections devant la Commission de la culture et de l’éducation sur le projet de loi no 185: Loi reportant la prochaine élection scolaire générale et permettant au gouvernement d’y prévoir l’utilisation d’un mode de votation à distance, [Act to defer the next general school election and to allow the Government to provide for the use of a remote voting method], SQ 2018, c 15 [Online], 2018. [https://www.electionsquebec.qc.ca/francais/a-propos-de-nous/allocutions/allocutions_30_ mai_2018.php]; Directeur général des élections du Québec, Audition du directeur général des élections devant la Commission des institutions, [Online], 2017. [https://www.electionsquebec.qc.ca/francais/a-propos-de-nous/ allocutions/allocutions_17_octobre_2017.php]. 3. Assemblée nationale du Québec, Procès-verbal de l’Assemblée, Thursday, June 14, 2018, p. 4801. 4. Radio-Canada, Un projet de loi pour abolir les commissions scolaires à l’automne, [Online], April 23, 2019. [https://ici.radio-canada.ca/nouvelle/1165713/abolition-commission-scolaire-caq-automne]. 3 INTERNET VOTING IN THE QUÉBEC CONTEXT: A STUDY Introduction Objectives The main objective of this study is to provide a comprehensive and neutral perspective on the advantages and disadvantages of introducing remote Internet voting, in whole or in part, in the context of provincial, municipal and school elections in Québec. More specifically, its aim is to: • Identify issues related to the introduction of Internet voting based on experiences with the use of this technology in Canada and around the world; • Evaluate the effects of the introduction of Internet voting on Québec’s election system requirements, which stem from core democratic voting principles; • Examine the concordance between Internet voting and the current legal and constitutional framework; • Analyze the risks associated with Internet voting and the measures and mechanisms available to date, to prevent, eliminate or mitigate those risks; • Explore the advisability of using Internet voting in a variety of electoral contexts: during provincial, municipal or school elections; by-elections or general elections; referendums; for specific groups of voters only; or for the entire electorate; • Assess the social acceptability of Internet voting and define the expectations and concerns of voters and various stakeholders in Québec electoral process with respect to this voting option. The purpose of this study is not to analyze the introduction of telephone voting or the extension of voting by mail, even though some parallels may be drawn between these different remote voting options. A definition of remote Internet voting Internet voting is a form of electronic voting.5 It is done on an Internet-connected electronic device such as a computer, tablet or smartphone. Internet voting can be conducted at a polling place, under the supervision of election officers, or remotely, at a location chosen by the voter. In accordance with the Assemblée nationale’s mandate, this study focuses on remote Internet voting, which eliminates the need for voters to 5. In electoral, political and academic circles, electronic voting refers to several types of technical means used to vote. In addition to Internet voting, the main forms of electronic voting are voting terminals (or voting machines) and electronic ballot boxes (or tabulators). 4 INTERNET VOTING IN THE QUÉBEC CONTEXT: A STUDY Introduction travel. In this specific context, all the steps related to voting take place online: the person establishes his or her identity as a voter, marks the ballot, records the vote and transmits it to the virtual ballot box, where it will be counted on election day. In this study, the terms Internet voting, voting online and online voting are used interchangeably to refer to this method of remote voting. The presentation of the study The study consists of six chapters. They provide an overview of the status of the exercise of the right to vote in Québec, explore the issues related to Internet voting and project how this voting option could be introduced in Québec. The first chapter evokes the core democratic voting principles: accessibility, the free exercise and secrecy of the vote, the integrity of electoral process and results, and transparency. These principles guided the analysis and represent the cornerstone of this study. The second chapter examines the current situation in relation to access to voting in Québec, since accessibility is one of the main advantages attributed to Internet voting. This chapter explores the evolution in the electoral legislation on this subject, the voting options currently available, voter turnout in Québec, as well as the use of technology in electoral process and, more broadly, among the Québec population. The third chapter discusses Canadian and international experiences with Internet voting. It highlights the best practices adopted by these States as well as the difficulties they have encountered. Cases from Canada, Estonia, France, Norway, Switzerland and the State of New South Wales (in Australia) are documented. The fourth chapter deals specifically with the technical dimension of Internet voting. The risks associated with the Internet voting option are discussed in relation to the three digital settings used: the voters’ device, network communication and the voting platform. This chapter outlines, for each of these settings, the solutions available to ensure the availability, integrity and confidentiality of the Internet voting process. The fifth chapter presents the results of the consultations carried out on Internet voting in the context of this study. It makes it possible to assess the social acceptability of this voting option in Québec and to identify the main expectations and concerns of citizens in this area. The sixth chapter examines different options for the introduction of Internet voting in provincial, municipal and school elections. It includes analysis and recommendations for maximizing benefits of Internet voting