Blockchain-Based Voting in the US and EU Constitutional Orders: A Digital Technology to Secure Democratic Values?

Abstract

The right to vote and participate in the political process is a quintessential feature of any democratic society. Systematic risks to the integrity of US elections and passive civic participation in the EU political process present fundamental threats to the constitutional aspirations and the democratic ideals connected to “We the People” in the US and “United in Diversity” in the EU. The existence of power imbalances, social inequalities and information asymmetries in electoral and political processes illustrate that both jurisdictions are in peril and in risk of democratic backsliding. Blockchain-based voting can transform existing electoral and political processes in the digital age. This raises the question whether blockchain-based voting can be utilised as a digital tool to enhance the democratic legitimacy of US and EU electoral and political systems. Accordingly, this article aims to examine the prospects and limits of blockchain technology to secure foundational democratic norms connected to the right to vote and civic participation at the heart of contemporary constitutionalism. It contends that the decentralised, immutable, accessible, transparent, and secure processes of blockchain technology have the potential to enhance the legitimacy of the US and EU constitutional orders, since blockchain-based voting can act as a forum for enhanced civic participation, public deliberation, and democratic contestation. Nevertheless, the article concludes that a number of important steps must be taken to fully realise the potential of blockchain-based voting in a manner that combats the risks associated with the technology, strengthens public confidence in electoral and political processes and secures a balanced system of governance in the US and the EU constitutional orders.