How to implement electronic voting in your company ?
Private employers, public industrial and commercial establishments as well as public administrative establishments employing staff under the conditions of private law are required 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.
Qu What is electronic voting?
The electronic vote is a device that allows to to vote in a dematerialized way and that automatically counts the ballots thanks to a computer system. This is actually a generic term that covers several voting methods, namely :
- Internet voting;
- Voting by voting machine ;
- Telephone voting;
- Voting by SMS;
- Box voting.
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 sincerity of the vote is guaranteed. Moreover, the vote must be accessible to all those who are supposed to participate. Therefore, it is crucial to opt for a quality IT 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 ?
Electronic voting has a number of advantages. The simplicity is one of its major assets. For example, Internet voting allows toaccessing the virtual polling place at any time Voting by electronic voting box, which can be used throughout the day and from any location. All you need is an internet connection.
In other words, this solution removes any time constraints or location, which encourages participation.
Moreover, the electronic vote is distinguished by its accessibility. Voters, whether or not they are comfortable with computer tools, can easily make their choice. Depending on the selected service provider, 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.
Electronic voting 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 device ensures the secrecy and the sincerity of the ballot.
The speed is another advantage of electronic voting. The results are obtained almost immediately after the closing of the poll. In addition, this voting system generates significant savings.
While a paper ballot costs between 7 and 10 euros, a paperless ballot 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 legal constraints. When a 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 electoral office CNIL (Commission nationale de l’informatique et des libertés).
This expertise aims at checking that the electronic voting system meets several criteria. Indeed, it is necessary to guarantee the confidentiality of the data on the voting of the management as well as the employees. It must also ensure the security the sending of the means of authentication to the voters, the counting of votes and the recording and counting of 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 system 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 ensure that these representatives can carry out 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 (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 French Labor Code. The possibility of using this solution may be provided for by a company or 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’anonymity of the votes.
In the absence of a company or group agreement, the employer can decide unilaterally to give priority to electronic voting. Decree 2016-1976 of December 5, 2016 authorizes it.
As for the service provider to whom the implementation of the electronic voting will be entrusted, it must be chosen on the basis of a The specifications comply with the provisions of Articles R. 2314-6 and following of the Labour Code. This document must be made available to employees at their place of work. It should also be published on the intranet in case the company has a private computer network.
The secret ballot under envelope is possible if this modality has not been excluded by the company or group agreement or by the employer. In this case, it will only take place once the electronic vote is closed.