Election Investigations Guidebook
have experience with the U.S. election complaints adjudication and dispute
resolution process. To provide additional primary source data, the IFES team
developed survey questions for assessing the quality of election investigative
processes in select countries.
Initially, the research focused on three main areas: (1) rights-based standards; (2) principles for investigators; and (3) successful investigative processes. Drawing on these three research areas, IFES convened a roundtable
discussion with senior election law experts and investigators in order to
identify key aspects of the electoral investigation process and to create an
outline for the publication that would be developed under the project. This
was followed by an IFES panel at the American Bar Association’s International
Law Section Meeting that focused on “Election Crime and Punishment: The
Search for International Standards for Investigations and Prosecution in
Election Cases.”
Three main findings emerged from these discussions:
1|
Investigators must be perceived to be independent and impartial. Electoral claims are threatened by both real and perceived bias. Perceptions of
bias arise because of the political nature of election cases and the very
real possibility that political actors might attempt to unduly influence
investigations. This is particularly relevant for investigators who are
accountable to the executive branch. The risk of selective adjudication
or abuses of administrative resources is even higher when investigators
from the executive branch handle allegations of electoral crimes or
violations in which the executive branch may be a defendant.
2|
In order to meet tight deadlines for investigation and resolution of allegations of electoral crimes and violations, states should develop and
implement streamlined, accelerated systems that protect the due process
rights of accused parties. For this purpose, prior to the election, states
must establish and make public an effective triage process that ensures
that investigators can pursue legitimate claims and quickly dismiss
frivolous or clearly unfounded claims.
3|
As allegations of electoral crimes and violations emerge, investigators
must consider what types of remedies are available for the plaintiffs
and the state. Determining the seriousness of the alleged violations,
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