Principle 1: Prompt Investigation
be balanced with the requirement to ensure other essential elements of due
process are met.”66 In many countries, the timelines under which election commissions and administrative courts operate when investigating and resolving
electoral disputes are unreasonable and due process protections are not met.
In Armenia, for example, the interlocutors interviewed for an IFES technical
election assessment generally agreed that administrative election personnel
who are tasked with investigating and adjudicating complaints struggle to
meet deadlines and are eager to dismiss cases on procedural grounds in order
to meet the tight deadlines established in the law, which undermines due process protections. The same interlocutors stated that the administrative courts
struggle to meet deadlines and tend to dismiss cases on procedural grounds
because they do not have the time needed to properly investigate, hear, and
resolve cases.67 In complex cases that require in-depth investigations that cover
large distances and involve numerous individuals, unreasonably tight deadlines
further stretch the ability of under-resourced adjudicative bodies to conduct
a thorough investigation and hold effective hearings. This limits their ability
to ensure that they discover and verify the facts of claims before they make
decisions. When overly restrictive timelines run counter to due process protections, they undermine electoral justice.68
In highly contentious environments, where investigators and adjudicators
work under time and political pressures, systems that methodically prioritize
and categorize complaints can allow investigators to focus on outcome-determinative cases, to strategically apply available resources, and to give adjudicators the ability to protect the due process and dismiss complaints that do not
show probable cause.69 However, to reinforce real and perceived fairness, the
triage process must be determined before an election takes place, the notice
about the process must be given to stakeholders, and it must be applied uniformly. Uniform standards provide an investigative body with consistency and
give notice to stakeholders of both the procedural expectations and the likely
outcome of the process. More importantly, established standards ensure the
66
Katherine Ellena, Chad Vickery, & Lisa Reppell, IFES, Elections on Trial: The Effective Management of Election Disputes and
Violations 28 (2018).
67
Staffan Darnolf, Heather Szilagyi, & Chad Vickery, IFES, Technical Election Assessment Mission: Armenia 43 (2019).
68
See Ellena, Vickery, & Reppell, supra note 66.
69
Evidence is supportive of a judgment until the presentation of contradictory evidence; See Evidence, Black’s Law Dictionary (2d ed. 1910) (evidence is supportive of a judgment until the presentation of contradictory evidence).
43