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Online elections: First Steps, challenges and legal situation

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Online elections: First Steps, challenges and legal situation
6:06
We have been conducting elections for and with our clients since 2018. Best practices and legal requirements have been summarized in this article. Learn how online elections are being implemented in NGOs and non-profit organizations.
Animation of voting results as graphs in voting app NemoVote as pie chart and bar chart.

Chapter Overview

  1. The most important things in brief
  2. Pros & Cons of digital elections
  3. What you should consider for elections
  4. Step-by-step guide: Introducing online elections in your organization
  5. Consider legal aspects
  6. Tips for implementing and conducting your online election
  7. Conclusion

For the impatient

Digital elections offer significant advantages such as time savings, voter experience, and cost savings, as they eliminate the need for manual vote counting and deliver results in real time. However, key issues need to be considered, particularly regarding security, data protection, and user-friendliness. The use of secure and legally compliant voting tools is essential, especially for NGOs and associations in Europe, to ensure GDPR compliance.

Advantages and challenges of digital elections

Digital elections offer numerous advantages over simple voting by a show of hands or voting with paper and pen. One of the biggest advantages is the time saved. Digital elections eliminate the need to count votes manually, making results available in real time. This not only increases efficiency, but also significantly reduces the error rate. Digital elections are also more cost-efficient as they minimize travel costs and material expenses.

However, there are also challenges that need to be considered. Security concerns and data protection are key functions that a digital voting tool must fulfill. Voters need to be sure that their votes are processed anonymously and securely. It is also important to ensure the platform is user-friendly to ensure a high level of participation.

 

What to look out for in voting tools - voting app, election tool or voting software?

Ultimately, it doesn't matter which term is used. The important thing is that it is secure, or better yet, legally compliant voting software, such as NemoVote. Look at the features right from the start: Can your candidate selection be mapped? What is your vote distribution, and how do weights count? Does the voting system offer secret elections? Is a voting app required? How user-friendly is voting for voters and creating ballots for administrators?

You should ask yourself these questions and, if necessary, check them against your statues or bylaws. For example, is a secret ballot possible, or are there voter groups that need to be represented?

For NGOs and NPOs (non-profit organizations) from Europe, it can also be particularly important that the voting solution also comes from Europe. This is especially important for GDPR compliance.

➡️Survey tools therefore usually do not offer sufficient security. Important are dedicated and voting solutions.

 

Important steps for implementing secure online elections

Implementing a secure online election requires careful planning and preparation. 

 

  1. Review election statutes: Association bylaws or federal laws provide information


    The first step is to determine whether digital voting is even permissible. If it is not, the election may not be conducted online. Amendments to the organizational statutes must then be made.

    In some cases legislation regulates online voting:

    Globally, the permissibility and implementation of online voting vary widely, influenced by national laws. Whilst NGOs are usually not as strictly regulated, as e.g. general elections, here is what to consider:

    1. Legal regulations:

    • Corporate Governance: Internationally, many corporations utilize online voting for shareholder meetings and internal elections. These practices are often governed by corporate bylaws and local regulations, which may permit digital voting under certain conditions to facilitate broader participation.

      Examples of regulatory differences for voting between countries


      United Kingdom Online Voting: Where work council are allowed to vote online, subject to the the Trade Union and Labour Relations (Consolidation) Act 1992. 

      Germany Online Voting: Where the former coalition decided for the enablement of online voting for unions, but have not brought the laws into place. As of right now, online voting is still illegal for e.g. work councils "Betriebsrat"

    Bylaws and statutes regulate online voting

    How often, where and how voting takes place is usually additionally regulated in the organisational statues. 

    First Step: Always check the statute!

    If your organisation wants to implement online voting, but may not permit it in the statute, a request for change to the statue or amendement needs to be done, before any voting moves online. 

    📚Read more on how the How the Union UFO moved to online voting

  2. Find a secure voting tool

    First, you need to select suitable voting software that meets all required security standards. Platforms like Capterra and a simple Google search are usually sufficient for a search.

  3. Creating a digital voter register

    Creating the electoral rolls is another important step. These can often be easily integrated into the system by importing Excel lists. Voters then receive personalized login credentials that allow them secure access to the voting platform.

  4. Conduct the election yourself or have it managed.


    During the voting phase, the election official monitors progress and can track participation and the status of votes cast in real time. After the election, the results are automatically tallied and can be exported for transparent tracking.

    Because NemoVote offers the simplest online elections, most organizations can start voting within a minute thanks to our Knowledge Base introduction. For complex elections, we also offer a guided voting service.

    More about managed elections and election support: Voting support with NemoVote

     

Legal aspects and compliance in online elections

  • General Elections: Many countries are exploring or have implemented forms of digital voting to increase accessibility and participation. Estonia is a notable example, having successfully integrated online voting into its national elections with its so-called i-voting. However, concerns about security, fraud, and the digital divide remain significant barriers in most countries.
  • NGO Annual General Meetings (AGM) and Extraordinary General Meetings (EGM): Legal aspects and adherence to compliance guidelines are essential for digital elections. It is important that the voting software used complies with the applicable data protection laws, such as the GDPR in the EU. In Germany, a DPA (data processing agreement) is also required. This ensures that voters' personal data is treated securely and confidentially.
  • Union and Organizational Elections: Various international organizations, and unions also employ online voting for internal elections. This is typically subject to the organization's internal rules and any applicable national laws, with a focus on ensuring fairness and transparency.


Another important aspect is the legal recognition of election results. In many countries, digital elections must meet certain legal requirements in order to be legally binding. This applies in particular to the authentication of voters and the immutability of the votes cast.

🔒 See also: NemoVote security functions

Practical tips and best practices for successful online elections

In order to conduct a successful online election, some best practices should be followed. In most cases, comprehensive training of election officials and voters is not absolutely necessary but helpful to make the election process run smoothly. Platforms such as NemoVote offer detailed instructions for this.

Examples of video tutorials:

Communication with voters also plays an important role. Clearly worded invitations and regular reminders can increase participation. Test runs should also be carried out to ensure that all technical aspects function smoothly.

Finally, it is important to gather feedback from participants after the election. This helps to continuously improve the process and make future elections even more efficient and secure.

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