Home > 1.3.2.2 Voting procedures > Report on the compatibility of remote voting and electronic voting with the standards of the Council of Europe
 
 
 
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Paragraph 57
 

Article 3 of Protocol 1 does not refer explicitly to the acceptability of remote voting and electronic voting. Nonetheless, it should be noted that elections which fail to respect the principle of secret suffrage cannot claim to be “free elections”, since the voting methods mentioned may influence the vote. One may even note that, in constitutional discussions at national level, postal voting is discussed in connection with the principle of secret suffrage. While postal voting’s compatibility with secret suffrage was rejected in Austria in 1982, it was found to be compatible with the German constitution as far back as 1967. Here, it should be added that the constitutional situation at issue in Austria and Germany was very similar. However, in countries such as Austria where the case-law has firmly and persistently come out against the acceptability of remote voting within the country until such time as the constitution specifically allows it, a similar system exists for remote voting outside the country, and no questions are raised about such a system’s compatibility with Article 3 of Protocol 1. Discussions are currently taking place on the introduction of postal voting into Austrian legislation, and the requirement of compatibility with the ECHR has not been raised.