Election Investigations Guidebook servants, election investigators “do not have the freedom of private persons to take sides or to express their convictions publicly.”471 Instead, investigators should “treat all participants equally, fairly and even-handedly, without giving any advantage to any political tendency or interest group.”472 By subscribing to the principle of Special Investigators are expected to be, and perceived to be, impartial; therefore, they should not be or have been actively or publicly engaged in the support or opposition of the election of any federal or provincial political party or candidate for elective office, nor any federal or provincial referendum committee. Canadian Special Investigators’ Manual political non-partisanship, election investigators can inspire public confidence in the credibility of the investigative process and increase the likelihood of acceptance of electoral dispute resolutions, especially among parties on the losing side. Many states include general provisions that compel investigators to act impartially and independently. In South Africa, for example, the members of the Electoral Commis- sion responsible for investigations “shall serve impartially and independently and perform [their] duties as such in good faith and without fear, favour or prejudice.”473 Similarly, in Mexico, the governing principles for all employees of the Federal Electoral Institute include “independence, impartiality, and objectivity.”474 To further ensure non-partisanship, some states also limit the extent to which current or past investigators can participate in the political process. The Canadian Investigators’ Manual holds that special investigators in Canada should refrain from actively or publicly supporting or opposing a particular candidate or party.475 Likewise, Bhutan bans investigators from participating in campaigning or electioneering activities on behalf of any candidate or political party.476 471 Standards of Conduct for the International Civil Service, supra note 471. 472 Wall et al., supra note 366, at 23 (defining impartiality in the context of electoral administration). 473 Electoral Commission Act 51 of 1996 § 9(1)(a) (S. Afr.). 474 Constitución Política de los Estados Unidos Mexicanos [C.P], art. 41(D)(V), as amended, Diario Oficial de la Federación [DO], 13 de Noviembre de 2007 (Mex.). 475 Canadian Investigators’ Manual Ch. 2, supra note 322, at 2. 476 See Election Comm’n of Bhutan, Code of Conduct for Election Officers ¶ 11 (Mar. 10, 2013). 132

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