Election Investigations Guidebook
In addition, investigative bodies should develop user-friendly forms that
capture SOPs so that investigators can properly track the internal and external movement of evidence, submit the evidence to adjudicating bodies,
document an individual’s handling of evidence and access to the designated
control room, and document the property release and disposition.404 Election
investigators must take care to closely adhere to the SOPs that pertain to the
maintenance of a proper chain of evidence during the investigative process.
A failure to do so could undermine the integrity of the evidence collected and,
ultimately, the quality of the investigation itself.
Some policies that are especially important in the context of election dispute
investigation include maintaining a proper chain of evidence, continuity of
possession, security, and inspection. They are discussed in more detail in the
following subsections.
Maintaining a Proper Chain of Evidence
Investigative bodies should institute policies and procedures to maintain a
proper chain of custody in handling the evidence that is related to electoral
disputes. Evidence management pertains to the handling of evidence—such
as personal information, candidate registration documentation, voter registration rolls, balloting and count materials, campaign finance records, or
other relevant documentary evidence—in a manner that ensures a proper
chain of custody is followed throughout the investigative process.405 In the
election context, “chain of custody” refers to the “chronological and careful
documentation of evidence to establish its connection” to election disputes
404
Cf. Latta & Giles, supra note 399, at 19–22.
405 The Elections Canada Special Investigators Manual defines “personal information” as recorded information about an
identifiable individual, as defined in the Canadian Privacy Act. See Canadian Investigators’ Manual Ch. 8, supra note 146, at
1–11. Candidate registration documentation refers to any documentary evidence relating to an individual’s application for
candidacy and the election management body’s or other relevant agency’s determination of that individual’s eligibility. Voter
registration rolls refer to documentary evidence associated with an individual’s application to register to vote, official information on an individual’s registration, and lists or databases of registered voters. Balloting and count materials include any documentary evidence associated with polling—whether through the early vote, absentee vote, or Election Day vote counts—and
official counting procedures and practices. Such evidence may include ballots, ballot boxes, and election technology; official
checklists or procedural records; witness statements; photographs; reports by candidate or party agents and observation
groups. Campaign finance records and information refer to any documentary evidence relating to candidate or party campaign finance measures, including: candidate declarations; deposit slips or cancelled checks; campaign bank statements; bills
and vouchers related to the payment of campaign expenses; lists or databases capturing contributions of goods and services;
witness statements; documentation indicating a candidate’s personal expenses; records of contributions and official income
tax receipts; and auditor’s reports. Other relevant documentary evidence may refer to witness statements and records relating
to an election campaign, voter registration, election administration, election violence, or voting and counting.
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