How to set up electronic voting in companies ?
The employers of private law, the public establishments of industrial and commercial nature as well as the public administrative establishments employing staff under the conditions of the private law are obliged to organize professional elections from 11 employees. Voting can be carried out in a dematerialized way if such a system is provided by a company agreement or decided by the employer. Overview.
That’what is electronic voting ?
Electronic voting is a device that allows you to to vote in a dematerialized way and which automatically counts the ballots thanks to a computer system. It is in fact a generic term that includes several means of voting, namely :
- Internet voting ;
- Voting by voting machine;
- Voting by phone;
- Voting by SMS;
- The voting by box.
The electronic voting can concern the two methods of voting that are :
- The secret ballot, in which the voter’s choice is anonymous;
- The non-secret voting, in which the voter and his choice are identified.
In either case, the electronic voting system must be secure sincerity of the vote or guaranteed. Moreover, the vote must be accessible to all those who are supposed to participate. Therefore, it is crucial to opt for a quality computer system.
To be sure that the electronic voting takes place in the best conditions, it is essential to choose the service provider who will set it up.
The advantages of electronic voting ?
The electronic vote presents a great number of advantages. The simplicity is one of its major assets. As for the Internet voting for example, it allows toaccess the virtual polling station at any time of the day and from any location.
All you need is an internet connection. In other words, this solution eliminates all time-related constraints or location, which encourages participation.
Moreover, the electronic voting is distinguished by its accessibility. The voter, whether he is comfortable or not with computer tools, can easily make his choice. Depending on the service provider selected, it is also possible to benefit from a dedicated telephone assistance.
The latter will provide answers to the voters’ questions and will accompany them in their process.
The electronic vote also offers a important level of security and confidentiality. To make his choice, the voter will have to connect on a dedicated platform using personal identification codes. This system allows to ensure the secrecy and the sincerity of the vote.
The speed is another advantage of the electronic vote. The results are obtained almost immediately after the closing of the poll. In addition, this voting system generates significant savings.
While a paper vote costs between 7 and 10 euros, a vote by dematerialized way costs on average 1 euro per voter.
What are the conditions to implement it ?
The implementation of an electronic vote in a company must be entrusted to a specialized company. The latter will ensure that the ballot complies with the legal constraints. When a service provider has been chosen, it is necessary to ask a independent body to submit to an expertise the computer system to be used for the vote.
A copy of the report issued following this evaluation must be given to the company CNIL (National Commission of the’and freedoms).
This expertise aims at verifying that the electronic voting system meets several criteria. Indeed, it must guarantee the accuracy of the results confidentiality of data The conditions for the use of electronic voting. It must also ensure the security the sending of the means of authentication to the voters, the counting of the votes and the recording and counting of the ballots.
In addition, it is essential that the system can be sealed at the opening and closing of the ballot.
Representatives of the service provider chosen to set up the electronic voting must supervise the deployment of the system. The control concerns both the central computer tools and the devices installed on site. It is necessary to make sure that these representatives can proceed to the necessary verifications by taking all the necessary measures.
The legal framework for the’to be used for a CSE or Social and Economic Committee
The CSE (The social and economic committee is a body formed by the employer and an elected staff delegation. Its implementation is mandatory since 2017 for companies employing at least 11 employees during 12 consecutive months. Every 4 years, the employer must organize the elections of the staff delegation composing the CSE. It is liable to criminal prosecution if it fails to meet this obligation.
It is possible toconsider electronic voting for these professional elections provided that all legal constraints are respected.
The modalities for the implementation of electronic voting in companies are indicated in the articles R. 2314-5 to R. 2314-18 of the Labor Code. The possibility to use this solution can be provided for by a company agreement or a group agreement. The conclusion that authorizes the use of such a voting system is mentioned in the document called pre-electoral agreement protocol. The latter also details the’organization of the elections and explains the role of the stakeholders.
It also presents the measures taken to ensure the security of personal data and the use of electronic voting’anonymity of the votes.
In the absence of a company or group agreement, the employer can decide unilaterally to favor electronic voting. The decree 2016-1976 of December 5, 2016 authorizes it.
The service provider who will be entrusted with the implementation of the electronic voting system must be chosen on the basis of a specifications in accordance with the provisions of articles R. 2314-6 and following of the Labor Code. This document must be made available to employees at their workplace. It must also be published on the intranet if the company has a private computer network.
The secret ballot in an envelope is possible if this method has not been excluded by the company or group agreement or by the employer. In this case, it will only take place after the electronic voting closes.
