Skip to main content

Detecting defective EVMs: High margins of error "unacceptable", ex-babus tell poll panel

Counterview Desk
As many as 73 ex-civil servants, in a letter to the Election Commission of India (ECI), have sought urgent steps from ECI to make electronic voting machines (EVMs) more secure and less vulnerable to manipulation and tampering ahead of the Lok Sabha polls, scheduled in April-May this year. According to them, ECI’s audit plan is unable to detect outcome-altering miscounts due to EVM malfunction or manipulation, which defeats the very purpose of introducing ‘voter verified paper audit trail’ (VVPATs).
The ex-babus insist, spending hundreds of crores of rupees on procurement of VVPAT units makes little sense if their utilisation for audit purposes is reduced to an exercise in tokenism the ECI has not been transparent about the results of its VVPAT-based audit of EVMs for the various Assembly Elections held in 2017 and 2018.

The text of the letter:

We are a group of former civil servants of the All India and Central Services who have worked for decades with the Central and State Governments during our careers. We wish to make it clear that, as a group, we have no affiliation with any political party but believe in impartiality, neutrality and commitment to the Constitution of India.
With our collective experience of conducting and supervising elections from the local body to the parliamentary level, we wish to suggest what needs to be done to make the actual process of voting and counting as free as possible from suspicions of Electronic Voting Machine (EVM) malfunction and manipulation.
It is common knowledge that EVMs are ‘black boxes’ in which it is impossible for voters to verify whether their votes have been recorded and counted correctly, and in which miscounts due to EVM malfunction or manipulation are undetectable and unchallengeable. Hence, there is an imperative need for an additional verifiable physical record of every vote cast, in the form of ‘voter verified paper audit trail’ (VVPAT).
It allows for a partial or total recount independent of the EVM’s electronic count and helps detect counting mistakes and frauds that would otherwise go undetected. In 2013, the Supreme Court passed an order mandating the use of EVMs with VVPAT units, and the Election Commission of India (ECI) has been deploying VVPAT units in Assembly Elections from 2017 onwards.
If VVPAT is to have any real security or accuracy value, it should form the basis of a proper audit plan. This entails tallying the electronic count as per the EVMs with the manual count as per the VVPAT slips for a ‘statistically significant’ sample size of EVMs chosen at random from a suitably defined ‘population’ of EVMs. Equally important is a clear ‘decision rule’ about what should be done in the event of a ‘defective EVM’ turning up in the sample.
A ‘defective EVM’ is one in which the EVM count does not tally with the VVPAT count due to either EVM malfunction or manipulation. But the audit plan that the ECI has followed in recent elections suffers from the following serious shortcomings:
First, the ECI has prescribed a statistically incorrect sample size of just “one polling station (i.e. 1 EVM) per Assembly Constituency” uniformly for all Assembly Constituencies and all States. It has not taken into account the fact that the number of EVMs in an Assembly Constituency varies widely across States from about 20 to about 300, and in a State from 589 (for Sikkim) to 23,672 (for Chhattisgarh which is the median State) to nearly 1,50,000 (for Uttar Pradesh). We are of the view that a uniform sample size for widely varying finite population sizes does not conform to fundamental principles of statistical sampling theory.
Second, the ECI has not made public as to how it arrived at its sample size nor has it specified the population to which this sample size relates. The latter is important because the sample size is dependent upon how the population is defined.
If we assume that one percent of the EVMs are defective, the probability that the ECI's present sample size will fail to detect at least one defective EVM is 99 per cent if ‘EVMs deployed in an Assembly Constituency’ are defined as the population; 94 per cent if ‘EVMs deployed in a Parliamentary Constituency’ are defined as the population; and varies from about 2 per cent (UP) to 40 per cent (Chhattisgarh) to 71 per cent (Sikkim) if ‘EVMs deployed in a State as a whole' are defined as the population. Such high margins of error are unacceptable in a democracy.
Third, the ECI has been vague about its ‘decision rule’ in the event of one or more defective EVMs turning up in the chosen sample.
Fourth, the ECI has not been transparent about the results of its VVPAT-based audit of EVMs for the various Assembly Elections held in 2017 and 2018 and the details are not available on its website.
In short, the ECI’s audit plan is unable to detect outcome-altering miscounts due to EVM malfunction or manipulation, which defeats the very purpose of introducing VVPATs. Spending hundreds of crores of rupees on procurement of VVPAT units makes little sense if their utilisation for audit purposes is reduced to an exercise in tokenism.
Our group has been engaged over the past nine months in discussions with the ECI on issues relating to the proper VVPAT-based audit of EVMs. In our letter dated 10th December 2018 to the Chief Election Commissioner, we had sought clarifications from the ECI about certain pointed queries regarding the sample size and the decision rules.
We had requested that in the interest of ensuring public confidence and the cooperation of political parties, it would be in the fitness of things if the clear reasons for adoption of a particular sample size and the decision rule for counting of VVPAT paper ballots are placed in the public domain, including on the ECI website. But there has been no action on this front.
The lack of transparency in VVPAT-based audit of EVMs has fuelled various conspiracy theories about ‘mass rigging of EVMs’. There have been unacceptable demands for reversion to paper ballots. But the real issue today is not about “EVMs versus Paper Ballots”; rather it is about “EVMs with perfunctory VVPAT audit versus EVMs with proper VVPAT audit”.
Any electronic equipment is inherently subject to random malfunction. By its own admission, the ECI keeps about 20-25% of EVMs and VVPAT units in reserve to replace those which malfunction on the polling day within a few hours of the commencement of the poll. There is every likelihood that a certain percentage of EVMs may again malfunction randomly during the long interval of 15-30 days between the date of polling and the date of counting.
Perhaps this explains the occasionally noticed random discrepancies between the polling station-wise figures of voter turnout and the votes as counted in EVMs. The argument that some Presiding Officers ‘forgot’ to initialise the EVM count to zero at the end of the mock poll demonstration before the regular polling commences does not explain why there are positive as well as negative discrepancies.
As regards EVM manipulation, we wish to state that though it is highly improbable, this low probability can increase significantly with insider collusion. While the ECI has put in place a security protocol and various administrative safeguards that look impressive on paper, vulnerabilities do exist.
Large-scale rigging of EVMs may not be possible or necessary because potential attackers need to target only select EVMs to tip the balance in a few marginal, closely fought constituencies. What is worrisome is that without a credible VVPAT-based audit of EVMs, the fraud may be undetectable and may be carried on with impunity.
We, therefore, appeal to the ECI to go in for a statistically correct sample size that can detect at least one defective EVM with 99.9 per cent reliability, in a suitably defined population, by adopting the hypergeometric probability distribution model.
In something as important as ensuring the integrity of the election process – a process which in any case takes about 2-3 months from the date of announcement to the date of counting – a delay of a few hours or even a day in the manual counting of VVPAT slips of a larger (statistically correct) sample size of EVMs should not matter at all.
We also appeal to the ECI to adopt the following ‘decision rules’. Full manual counting of VVPAT slips should be done
  1. for all the remaining EVMs of the defined population if the sample throws up one or more defective EVMs,
  2. for closely contested constituencies where the margin of victory is below 2 per cent of the votes cast or 1000 votes, whichever is less, even if no defective EVM turns up in the sample, and 
  3. for those polling stations where the discrepancy between the votes polled in EVMs and votes as counted in EVMs is more than 2 per cent.
We request the ECI to implement these suggestions in the Lok Sabha elections due in April-May 2019. Though the counting process may take a little longer, the confidence of the voters and political parties in the electoral process will be reinforced. The ECI has a long and honourable record of holding free and fair elections. It is in the spirit of supporting it in maintaining these high standards that we write this open letter.
---
Click HERE for list of signatories

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.