Problem Scenario:
eLect Services is a private company based in London. It specialises in the sale and
installation of automated voting machines for use in municipal and national election
processes. Due to the inefficiency of traditional voting methods as well as allegations of voter
suppression, many governments have begun to use eLect’s products to enhance the speed and
transparency of their elections. The French, German, British and US governments have all
put in an order for eLect’s newest product, the ‘Demos 5.0’. The legislatures of all four
countries pass broadly similar legislation which not only governs the terms of the
procurement but also delegates to eLect employees the responsibility for identifying voters at
the polling station, explaining to voters how the Demos 5.0 works, and tabulating the results.
All four laws in the four jurisdictions further specify that the federal election agency is to
have the power to implement any subsequent regulations which it deems appropriate to the
‘effective functioning of democracy’.
A number of developments have since taken place which call for your expertise as an
administrative lawyer qualified in all four jurisdictions:
US: In the run up to the US presidential election, the US National Election Commission
discovers that the Demos 5.0 has no in-built functionality for blind people and those with
sight loss/impairment. The head of the Commission is concerned that this might severely
impede the exercise of the right to vote for a large group of US voters and commissions an
internal report to determine the alternatives available for those with sight loss. The report is
written by agency officials alongside experts in electoral procedures and policy. While the
report is being written, a new head of the Commission is appointed. The new head wishes to
impress the President by showing how effective and streamlined the operations of the
National Election Commission are. Consequently, and in a bid to get into the President’s
good books, the new Commission head suppresses the report once it is sent to him, fearing
that the solutions proposed by the report would be too expensive and that the Commission
would be criticized for wasting precious tax dollars.
France: The French Electoral Agency decides to consult widely on the implementation of
voting regulations designed to assist with the switch to automated voting in France. Having
heard about the Demos 5.0 defect for those with sight loss, the head of the Agency vows not
to let this problem affect the forthcoming Presidential election. The head of the Agency
invites a range of interested stakeholders to participate in the consultation process. These
stakeholders include:
• Foundation Français for the Blind
• Disability Forum France
• Federation Francophone for Ethnic Minorities
After the regulations are implemented, another organization that was not consulted, the
French Association for the Blind, decides to bring a claim against the Electoral Agency for its
failure to consult widely on the regulations. The French Association for the Blind, although
only comprising 1,000 members, has been engaging in strategic litigation for disability
discrimination and had important new information to share regarding the voting regulations.
The other three organisations that were consulted commented on the Agency’s failure to
include the French Association for the Blind in the consultation, but the Agency defended
itself saying that hearing from three organisations would provide a sufficiently diverse range
of views on the proposed voting regulations.
, England & Wales: On the day of the British general election, Ms. Perry, a resident of
Sheffield, England, goes to her local polling station to vote for her preferred Member of
Parliament, Mr. Mason, whose badge she is now wearing. Ms. Perry is elderly and requires
some assistance getting up the steps into the polling station. Here is the conversation Ms.
Perry has with a policeman outside the polling station:
‘Hello, officer, would you mind helping me up the stairs?’
‘First, please tell me what is that badge you are wearing?’
‘It is for Mr. Mason, officer. I want to vote for him.’
‘Eugh!’, exclaims the officer, ‘You Mason voters disgust me! Help yourself up the steps!’
Shocked at the officer’s reaction, bystanders intervene to assist Ms. Perry into the polling
station, where she is able to cast her vote for Mr. Mason.
Germany: In order to overcome the problems faced by its US and French counterparts, the
German National Election Commission decides to create a measure that all blind or visually
impaired voters must apply individually for a braille postal ballot which can be completed in
advance of election day. The measure also stipulates that all blind or visually impaired voters
must complete their postal ballot in the presence of a lawyer or notary. Mr. Ganz, who
recently lost his sight in a car accident, has just been notified of this new measure. He cannot
afford to pay for a lawyer or notary. His friends tell him, after browsing the Commission’s
website, that it goes against his rights.
*END OF PROBLEM SCENARIO*
Answer the following questions concerning the above scenario, providing explanations
and referencing primary legal sources where necessary:
1. Is the purchase of the Demos 5.0 a reviewable measure in the UK, France and
Germany? Explain your answer with reference to legal sources.
(25 points, approx. 400-500 words)
2. In the UK and France, is eLect Services to be defined as a public body?
(5 points, approx. 150 words)
3. In the US scenario, would the court be likely to find that the new head of the
Commission acted unlawfully? For the purposes of this answer, please assume
that a claimant has already established standing and provided grounds for
challenging the decision.
(10 points, approx. 250 words)
4. In the French scenario,
• Would the French Association for the Blind be able to bring a claim in the French
courts? Explain your answer with reference to relevant legal sources.
(5 points, approx. 150 words)
