Principle 2: Thorough Investigation
Obligation to Preserve Sensitive Election Materials
Most electoral codes include a provision that requires election materials to be kept
for a certain period of time—however, the duration varies by country. For instance, in
Australia, electoral documents must be kept for at least six months after an election
and until they are no longer needed by the Electoral Commission (Commonwealth
Electoral Act, art. 393[A] [Compilation no. 63]). Ukraine, on the other hand, requires a
longer period of retention because district election commissions are required to deliver
election materials to local archive institutions, which must store them for at least five
years after the promulgation of election results (Law of Ukraine on Election of the
Peoples’ Deputies, art. 115 [No. 4061/2011]). Generally, it is recommended that election
materials are kept as long as it is possible to contest the results of the election and until
there are final binding judgements on any existing election disputes.
Transparency and Privacy
As the principle of transparency in the Generally Accepted Recordkeeping
Principles indicates, open access to public records is an important issue in
any records management strategy. The Universal Declaration on Archives
stresses that accessible archives serve as “authoritative sources of information underpinning accountable and transparent administrative action.”278
Widespread public access to records promotes democracy and protects the
rights of citizens.279 Costa Rica, for example, requires that “all citizens have
access to the information contained in the documents in the Archive of the
Supreme Electoral Tribunal.”280 While considering the need for transparency,
investigative bodies must aim to “ensure a reasonable level of protection to
records and information that are private, confidential, privileged, secret,
classified…or that otherwise require protection.”281 The Generally Accepted
Recordkeeping Principles recognize that “the extent to which [records] are
278 General Assembly of the Int’l Council of Archives, Universal Declaration on Archives (Sept. 2010), endorsed by the 36th
Sess. of the UNESCO General Conf. (Nov. 2011), http://unesdoc.unesco.org/images/0021/002134/213423e.pdf.
279
Id.
280 Decreto No. 2-95, Reglamento del Archivo Central de Tribunal Supremo de Elecciones [Regulation on the Central Archive
of the Supreme Electoral Tribunal], ch. VI, art. 9, La Gaceta, Diario Oficial [L.G.] No. 206 (1995)(Costa Rica).
281 ARMA Int’l, supra note 258, at 5. The tension between transparency and confidentiality is further discussed in a subsequent section. See infra p. 60 (“Investigative bodies must balance the need for transparency with the need to protect certain
pieces of information.”).
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