Election Investigations Guidebook
complainant and the subject through a letter that the investigation has been
closed. If, however, the investigation “reveals adequate evidence to reasonably
conclude that wrongdoing has occurred,”228 then investigators prepare an
Investigation Report. This report outlines “the allegations, the investigation
methodology and the facts established in the investigation.”229 Investigators
forward the report to the appropriate supervisor for further action. It is
important to remember that the adjudicator should be the one that makes a
final determination on the veracity of a case.
Many states have adopted a similar structure for election investigations,
although the final authority to decide on whether to proceed with prosecuting
or hearing the complaint generally lies with the prosecutor or adjudicator.
In the Philippines, for example, the COMELEC Rules of Procedure lay out the
process for presenting the findings. According to the rules governing the prosecution of election offenses: “If an investigating officer finds no cause to hold
the respondent for trial, he shall recommend dismissal of the complaint.”230
Conversely, if the investigator “finds cause to hold the respondent for trial,
he shall prepare the resolution, and the corresponding information wherein
he shall certify under oath that he has examined the complainant and his
witnesses” and “that there is reasonable ground to believe that a crime has
been committed”231 or that an administrative or civil complaint has merit. In
either case, the investigator must forward his recommendation to either the
Director of the COMELEC Law Department or to the State Prosecutor or City
or Provincial Fiscal.232
In Bhutan, the Election Dispute Settlement Rules and Regulations require
the Investigation Committee to “submit its findings with recommendations to
the [Election Dispute Settlement] Bodies” using a standardized report form.233
The Election Dispute Settlement Manual further specifies the elements that an
investigation report must include, as set out in the text box on the next page.234
228
Id. at 12.
229
Id.
230
COMELEC Rules of Procedure, Rule 34, § 8(a) (Phil.).
231
Id.
232
See Id.
233
Bhutan Election Dispute Settlement Rules and Regulations, supra note 28, ¶ 13.4.
234
Bhutan Election Dispute Settlement Manual, supra note 27, ¶ 8.1
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