Election Investigations Guidebook
deposit slips, cancelled checks, or bank statements demonstrating campaign
expenses; lists of contributions of goods and services; and other statements
documenting the personal expenditures of candidates.147
Efforts to collect and substantiate all the relevant facts in a case can also
include the analysis of physical evidence, such as ballot boxes or campaign
posters. Bhutan’s Election Dispute Settlement Manual notes that “an investigator may, at times, be able to find more evidence at the place where the
act was committed.”148
Some countries—including Chile, Costa Rica, Ecuador, Mexico, and
Peru—require complainants to attach supporting documentary evidence
for their initial claim.149 In these cases, investigators must examine the issue
more fully by considering, “whether the recorded information is sufficient,
reliable and substantial enough to either prove or refute the allegations of
the complaint.”150 Furthermore, they should strive to corroborate the evidence by determining “whether the recorded information cross-matches
or corresponds with other related information from documentary records
and available sources of information.”151
Threshold of Evidence Required to Trigger a Full Investigation
How does an adjudicator know when to proceed with an investigation after
receiving a complaint? How can an adjudicator dismiss cases with good
cause, not proceed with a full investigation, and maintain notions of fairness
by all stakeholders? The first step is establishing a threshold or standard of
evidence that a complainant must meet in order to trigger an investigation
by appropriate officials. Importantly, to meet due process protections, the
contours and practical applications of the standard need to be clear in the
law and understood by adjudicators, lawyers, investigators, and other pertinent stakeholders before the standard is applied in the field—an element
147
Id.
148
Bhutan Election Dispute Settlement Manual, supra note 27, ¶ 6.3.
149
Orozco-Henríquez et al., supra note 101, at 166.
150 Comm’r of Canada Elections, Ch. 10 Inspection, Review and Analysis, in Investigators’ Manual 1–5 (2000) [hereinafter
Canadian Investigators’ Manual Ch. 10].
151
64
Id.