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.”). 89

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