MONITORING ELECTRONIC TECHNOLOGIES IN ELECTORAL PROCESSES ------capture equipment to the central database) or through a computer network. Data transfers are sensitive points in the process since they pose a challenge to protection of the data by introducing elements of uncontrolled environments. Monitors should be allowed to accompany physical transfers or evaluate such transfers based on sampling techniques and should be allowed to evaluate transfer of data by networks through reliable techniques, such as comparing data sent from a particular machine or registration center (or sample of machines or centers) to corresponding data recorded centrally. Development, Delivery, Maintenance, Troubleshooting and Service of Technologies. Ensuring the proper functioning of the direct recording equipment and related technologies—like every other aspect of election administration—is the legal responsibility of the election authorities. In effect, the election authorities have a duty to properly discharge the obligation of government to provide genuine democratic elections to the citizens, including to the voters and to those standing for election. It is common that election authorities outsource development and production of the technologies to independent companies, and they often rely on the private companies (that many times are foreign entities) to deliver, maintain, service or otherwise troubleshoot problems with the technologies. This normally creates a legal contractual relationship between the election authorities and equipment producers (vendors) and/or servicers. However, that legal relationship is subordinate to the election authorities' legal obligation to citizens, which is set by the country's constitution, electoral law and often reinforced by international human rights obligations. The role of the equipment producers and/or servicers and the capacity of the election officials to service equipment is an important consideration in ensuring electoral integrity. The importance of building capacities of election authorities and avoiding over-reliance on vendors is essential to meeting a government's obligations to organize genuine democratic elections. Delivery of equipment should be complemented by the transfer of know-how to electoral authorities to effectively service the technologies, or electoral authorities must ensure that producers and/or servicers are incountry and in position to provide effective service that allows the technologies to perform according to the registration plans. Otherwise, the entire voter registration process can be jeopardized. 39

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