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The Secret Ballot At Risk: Recommendations for Protecting Democracy

The right to cast a secret ballot in a public election is a core value in the United States’ system of self-governance. Secrecy and privacy in elections guard against coercion and are essential to integrity in the electoral process. Secrecy of the ballot is guaranteed in state constitutions and statutes nationwide. However, as states permit the marking and transmitting of marked ballots over the Internet, the right to a secret ballot is eroded and the integrity of our elections is put at risk. Thirty-two states and the District of Columbia allow some form of Internet voting–transmitting votes either via email, electronic fax, or Internet portal–typically for use by overseas and military voters. Because of current technological limitations, and the unique challenges of running public elections, it is impossible to maintain separation of voters’ identities from their votes when Internet voting is used. Most states that offer Internet voting recognize this limitation and require voters to sign a waiver of their right to a secret ballot. The authors believe that Internet voting creates a second-class system for some voters–one in which their votes may not be private and their ballots may be altered without their knowledge. This report examines state laws regarding the right to a secret ballot and the ways in which states are asking voters to waive that right. We also offer recommendations for how voters and officials can preserve privacy in voting while making use of the Internet and technological advances.Our findings show that the vast majority of states (44) have constitutional provisions guaranteeing secrecy in voting, while the remaining states have statutory provisions referencing secrecy in voting. Despite that, 32 states allow some voters to transmit their ballots via the Internet which, given the limitations of current technology, eliminates the secrecy of the ballot. Twenty-eight of these states require the voter to sign a waiver of his or her right to a secret ballot. The remainder fail to acknowledge the issue…”

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