Election Investigations Guidebook
investigative body’s enacting legislation and the rules and regulations that
govern its operations should define the scope of investigators’ work and
serve to reinforce the credibility of and to promote the public confidence in
the investigative process. This level of detail enables the investigative body
to plan the complex operations of investigating electoral disputes.322
Several states incorporate competence standards for investigators into their
policy frameworks, including expectations on the ability to prepare for an
investigation, to collect evidence and establish the factual history of electoral
claims, and to report findings. Bhutan’s electoral rules and regulations, for
instance, stipulate that investigators should be able to establish the truth of
a claim in a lawful manner and must possess “fair knowledge on all aspects,
such as, the cause of action, place of occurrence of the event, the identity and
location of the witnesses, the date and time of the event as these are crucial
to determine the course of the investigation.”323 In Canada, investigators are
expected to use “initiative, investigative experience and professional skills in
a thorough methodological preparation of their work.”324 By enumerating the
investigator competence criteria, an investigative body sets the foundation
for efficient and thorough investigations.
Standards of competency for an investigative body can be actualized
through appropriate recruitment, training, and professional development
initiatives.
Recruitment
To establish credibility of the investigative process, an investigative body’s
enacting legislation, as well as the rules and regulations that govern its operations, should define the technical and professional criteria for the recruitment
of investigators. Appropriate recruitment criteria and processes reinforce
the competence and professionalism of election investigators. However, the
temporary nature of some election investigative bodies may preclude advance
recruitment, making it more difficult to find competent and available staff
for a limited election timeframe. Thus, criteria should reflect the structure of
the institution—if an investigative body is temporary, it may be necessary to
relax criteria (within reason) in order to rapidly recruit short-term staff. When
322
Orozco-Henríquez et al., supra note 101, at 97–99.
323
Bhutan Election Dispute Settlement Manual, supra note 27, ¶ 6.1.
324
Canadian Investigators’ Manual Ch. 5, supra note 85, at 4.
100