The Romanian presidential elections (2024): a potential breach for challenges and dangers of using artificial intelligence in future electoral processes

Abstract

An inseparable feature of the democratic right to vote is that it is exercised freely, that is, free from unlawful influence. Although artificial intelligence is less regulated from a legal standpoint, its widespread use in online campaigns can amplify the effects of misinformation and manipulation of public opinion, posing new challenges. The annulment of the results of the 2024 presidential election in Romania is unprecedented: in the 33 years of the Constitutional Court’s existence, no such event has ever occurred. The Court’s ruling has since remained at the center of heated political and professional debates, as the annulment of elections—especially of the entire electoral process—can only be justified under exceptional circumstances, and its nature as a last resort cannot be ignored. Annulling election results due to minor irregularities that did not substantially influence the outcome can make the electoral process more vulnerable and undermine confidence in the appeals process or in the professional authority of the decision-making body. Citizens must be certain that the vote they cast is final.