More transparency needed on malfunctioning EVMs

Is it not the EC's duty to release the data on the number of EVM-VVPATs that malfunctioned during the polls

We often read one or two standalone news articles during the elections about the malfunctioning of the EVM-VVPAT (Electronic Voting Machine - Voter Verifiable Paper Audit Trail) machines. We often feel that a few machines can face glitches during the polling, so what's the big deal?

But what we do not know is that it is not just one or two or a few EVM-VVPAT machines that malfunctioned - the number could be much higher.

I filed Right To Information (RTI) applications to the Election Commission of India seeking details about the number of EVM-VVPAT machines that malfunctioned during the 2022 Assembly elections in Uttar Pradesh, Punjab and Goa.

Please note that an EVM machine comprises two components - the Ballot Unit (BU) on which we press the button to cast a vote and the Control Unit (CU) that records the vote. While the VVPAT machine prints the slip that confirms the voter that his vote has been cast to the candidate of their choice.

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Now that we are aware of the different components of our voting machine, it would be easier for us to understand the RTI response.

In the RTI response, the Election Commission of India said that during the 2022 Assembly elections in Uttar Pradesh, a total of 1,74,803 EVM-VVPAT machines were used in polling stations. Of these 1,74,803 machines, 3,467 VVPATs malfunctioned. While 672 BUs and 667 CUs malfunctioned.

The EC in the RTI response also clarified that in the case of non-functioning only the VVPAT is replaced. But if either the CU or BU malfunctions, then 'the entire set of BU+CU+ VVPAT is replaced'.

Now let's do a little math: of 1,74,803 EVM-VVPAT machines, 4,806 EVM-VVPAT machines malfunctioned, disrupting the polling process, or 2.75 per cent of the total machines used in the polls.

In the case of the Punjab Assembly elections 2022 - of 24,740 EVM-VVPAT machines, 866 malfunctioned, which is 3.5 per cent of the total machines used in the poll.

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While, in the Goa Assembly elections 2022, of the 1722 machines, 16 malfunctioned, which is slightly less than 1 per cent of the total machines used in the poll.

This might appear to be a small number in terms of percentage, but affects a considerable number of voters.

On average, 1000 voters are listed in each polling station to cast their vote. Now, we know that in the UP Assembly elections, voting at 4,806 polling stations got disrupted due to EVM-VVPAT malfunction.

A simple calculation reveals that 48.06 lakh voters were listed in these 4,806 polling stations to cast their votes in these polling stations.

Due to malfunctioning of the EVM-VVPAT machines, some of the votes might not have been counted, or some voters might have been able to vote due to the delay in the voting process.

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Why no mock paper poll on replaced EVM-VVPAT

According to the EC guidelines, before the polling begins in the morning, a mock poll drill is carried out on every EVM-VVPAT machine before the political agents. Fifty votes are cast in the EVM-VVPAT to check whether the machines are recording votes correctly.

If the EVM-VVPAT is replaced during the polling due to malfunction, then the mock poll drill is shortened. The EC guidelines say, "If replacement of the whole EVM including CU, BU and VVPAT is required. However, in such cases, only one vote to each contesting candidate, including NOTA, should be polled in the mock poll." In case of replacement of only the VVPAT during the actual poll, no mock poll will be conducted.

The EC has not clarified why a 50 votes mock poll drill is not carried out when EVM-VVPAT is replaced?

The purpose of the mock drill is to check whether the EVM-VVPAT are functioning without glitches. Then why has the EC shortened the mock drill process?

Whenever EVM-VVPAT machines are replaced on the polling day, it is the duty of the election officer to fill up the form with the details of the new EVM-VVPAT machine. And seal the EVM-VVPAT that malfunctioned.

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Are votes of malfunctioned EVM-VVPAT counted? Now, what happens to the votes that were cast in the malfunctioned EVM-VVPAT machine?

The votes cast in the malfunctioned EVM-VVPAT are counted only if the winning margin of the candidate is narrow and if the Election Commission thinks that retrieving votes from the malfunctioned machine might change the result.

Malfunctioning of EVM-VVPAT machines is reported in every election. But the question is whether the Election Commission is making efforts to curb the malfunctioning of the machines?

Electronics Corporation of India Limited (ECIL) and Bharat Electronics Limited (BEL) are the only companies that can manufacture EVM-VVPAT machines in India. All defective EVM-VVPATs are sent back to BEL and ECIL for repair.

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Has the Election Commission tried to get to the root cause behind the malfunctioning of the machines? Did EC ever check with ECIL and BEL to find out the reason behind the malfunctioning of EVM-VVPATs?

Media reported during the 2019 Lok Sabha elections that several complaints of EVM-VVPAT malfunctioning were reported from several states like Kerala, Uttar Pradesh and Goa. Opposition leaders alleged during the Lok Sabha elections that the "malfunctioning of EVM-VVPAT machines was 'criminal negligence'.

But the problem persists.

Like other data related to the elections are released, is it not the duty of the EC to release in the public domain the data on the number of EVM-VVPATs malfunctioned during the polls? Is the EC even trying to fix the problem?

A little bit more transparency by the EC on the issues related to EVM-VVPAT might put to rest several questions raised in the public domain.

(Poonam Agarwal is a journalist)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.