Principle 1: Prompt Investigation
laws, regulations, or policies.108 When setting time limits, investigative bodies
must ensure sufficient time for collecting and reviewing evidence as well as
for adjudicating the specific complaint.109
Finally, it is important to note that only the electoral remedy (e.g., election
recount, audit, annulment, or re-run) is time-bound. Criminal convictions can
proceed along a longer time horizon without impacting the granting of electoral remedies. Proving electoral irregularities according to the civil standard
of proof (the balance of probabilities) or even a slightly higher intermediary
standard can proceed much more expeditiously than proving—beyond reasonable doubt—that an accused individual has intentionally committed a
criminal electoral offense. Triage mechanisms must, accordingly, have two
separate investigation tracks: one for criminal investigation and prosecution,
which can operate past the announcement deadlines for preliminary and final
results, and one for investigating the merits of granting electoral remedies,
which must be completed in time for the announcements of the results.
Investigation of merits for granting electoral remedies, by EMB or EDR body
Election Results Announcement
Triage
108
Id.
109
Petit, supra note 104.
Results Announcement
Criminal Conviction
or Acquital
53