Election Audits: International Principles that Protect Election Integrity
22
Jesús Orozco-Henríquez et al., Int’l Inst. for Democracy & Electoral Assistance, Electoral Justice: The International
IDEA Handbook 166 (2010), available at http://www.idea.int/publications/electoral_justice/upload/inlay-ElectoralJustice.pdf.
23
CANADIAN INVESTIGATORS’ MANUAL CH. 8, supra note 21.
24
COMM’R OF CANADA ELECTIONS, Ch. 10 Inspection, Review and Analysis, in INVESTIGATORS’ MANUAL 2 (2000).
25
Cf. COMM’R OF CANADA ELECTIONS, Ch. 9 Collection, Use, and Preservation of Evidence, in INVESTIGATORS’ MANUAL 1-8
(2004) [hereinafter CANADIAN INVESTIGATORS’ MANUAL CH. 9]; see also Evidence Act, R.S.C. 1985, c. C-5, §§ 24-31 (as
amended 2013)(Can.) (information on admissibility of various documents for evidentiary purposes).
26
JOSEPH T. LATTA & ROBERT E. GILES, Professional Standards, 2012 INT’L ASS’N FOR PROP. & EVIDENCE 13, available at
http://www.iape.org/standards/IAPE_Standards_2.4.pdf (SOPs refer to instructions which cover operations that
can be standardized or regulated without “loss of effectiveness.”).
27
Id.
28
Cf. CANADIAN INVESTIGATORS’ MANUAL CH. 9, supra note 25 (noting that investigators “must be thoroughly familiar
with the…procedures for the control of evidence”).
29
Cf. LATTA & GILES, supra note 26 at 19-22.
30
Cf. id. at 74.
31
For example, Elections Canada requires its Special Investigators to identify all documentary evidence in the following manner: for evidence contained in envelopes, boxes, and electronic devices, investigators should “record
the file number of the investigation on the document and/or container; state in the investigation report the exact
location, the … data base descriptions, and specific address where each document was seized or obtained, and
from whom; describe each document and reference number; identify the investigator taking possession of the
documents; record the date and time of the receipt or seizure of documents; [and] prepare an exhibit report ... ”.
For evidence and other information in electronic records, investigators should: “provide the identity and address
of all persons who … retrieved the information from the computer or database; identify the person who made entries in the record … ; determine who has knowledge of [the evidence] and could therefore be a competent witness in any further investigation or court proceedings; [and] advise the providers that the documents will be returned once the matter has been resolved ... ”
32
LATTA & GILES, supra note 26, at 21; CANADIAN SPECIAL INVESTIGATORS’ MANUAL, CH. 9, supra note 25, at 5.
33
Cf. Christian A. Nielsen & Jann K. Kleffner, A Handbook on Assisting International Criminal Investigations 56 (Maria Nystedt ed., 2013).
34
LATTA & GILES, supra note 26, at 21.
35
NIELSEN & KLEFFNER, supra note 33, at 55.
36
See Id. at 35-36. The International Association for Property and Evidence defines an access log as “a document
that records the entry of non-assigned personnel into the property room, and why the entry was necessary. The
log should record name, ID number, reason for the entry and which employee assigned to the property unit escorted the person.” Id. at 36.
37
Cf. LATTA & GILES, supra note 26, at 35-36.
38
Id. at 76.
39
Id. at 76-77.
40
Id. at 76.
41
Id. at 76.
42
Id. at 77.
43
A version of this section was previously published in INT’L FOUND. FOR ELECTORAL SYSTEMS (IFES), GUIDELINES FOR UNDERSTANDING, ADJUDICATING, AND RESOLVING DISPUTES IN ELECTIONS (GUARDE) 37-50 (Chad Vickery ed., 2011), available at
http://www.ifes.org/~/media/Files/Publications/Books/2011/GUARDE_final_publication.pdf.
20