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22/04/2024
Laws of Bangladesh

The Representation of the People Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 155 OF 1972 )

Chapter III

ELECTION

26B. (1) The Commission may approve an EVM which-
 
(a) is stand-alone non-networked;
 
(b) is neither computer controlled nor connected to the internet or any network and cannot be hacked;
 
(c) is electronically protected to prevent any tampering or manipulation;
 
(d) cannot be altered or tampered when approved programme (software) is used;
 
(e) does not have any radio frequency (RF) receiver and data decoder;
 
(f) accepts only specially encrypted and dynamically coded data;
 
(g) is developed by a selected group of Engineers appointed by the Commission;
 
(h) ensures the secrecy and security of the source code of programme (software);
 
(i) adopts the device or devices specified by the Commission; and
 
(j) fulfils any other criteria specified by the Commission.
 
(2) The Commission may approve a programme (software) which is so designed that-
 
(a) it allows a voter to cast the vote only once;
 
(b) the vote can be recorded by a voter only after the Assistant Presiding Officer enables the ballot on the Control Unit;
 
(c) the next vote can be recorded only after the Assistant Presiding Officer enables the ballot;
 
(d) the machine does not receive any signal from outside at any time;
 
(e) the proper use of the programme would give the same result in the counting of votes in an election as would be obtained if the counting were conducted without EVM assistance;
 
(f) the programme gives an elector an opportunity to correct any mistakes before processing the elector’s vote;
 
(g) the programme will not allow a person to find out how a particular elector cast his or her vote;
 
(h) the programme is designed to pause while the Presiding Officer makes a determination when it is required;
 
(i) the programme can produce indicative distributions of candidate wise votes at any time after the close of the poll and before the declaration of the poll;
 
and
 
(j) any other criteria specified by the Commission is fulfiled.
 
(3) The Commission shall determine processes which shall be followed in relation to the use of an approved programme in the casting and counting of votes in an election.
 
(4) Subject to clause (3), the Commission may approve a process-
 
(a) for casting vote shown on ballot paper into the approved programme.
 
(b) for counting votes using the programme to work out the number of electronic ballot on which a vote is recorded for each candidate; and
 
(c) for verifying of identity of elector with reference to the electoral roll.
 

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