Principle 3: Effective Investigation
jurisdiction of each institution and these should be determined well in advance of the election.
States should specifically define
the subject-matter jurisdiction of
an investigative body to consider
different types of complaints and
the appropriate scope of investigation. The differences between
administrative, civil, and criminal
disputes, violations, or offenses are
due to their legal character and
could imply jurisdictional boundaries for an investigative body’s
consideration of complaints. Administrative courts or EMBs usually
handle claims for which the statute
or agency regulations grant them
jurisdiction, while criminal courts
Rules and regulations should
define
› Subject-matter jurisdiction and appropriate scope of investigation;
› Which bodies have original jurisdiction;
› Institutional accountability for investigative bodies to consider complaints,
even where there are questions on
jurisdiction;
› At which level – national, local, district
– an investigative body has authority
to initially process and investigate
complaints.
handle claims brought by a prosecutorial body on behalf of the people
of the jurisdiction. Generally, civil courts deal with all other matters that are
neither administrative nor criminal (and there are many different exceptions or variations to this globally, including courts with various dedicated
jurisdictions).
Objections to election results, for example,292 may fall under an administrative regulation and be pursued in an administrative court, through an
EMB, or in a civil court, while alleged criminal offenses, as outlined in a
state’s electoral laws or criminal codes,293 would fall to a criminal court. Administrative sanctions for wrongful conduct are typically imposed by EMBs
or civil or administrative courts. There may also be instances of concurrent
jurisdiction—for example, an administrative dispute over election results
may also involve elements of a criminal offense.
292
Orozco-Henríquez et al., supra note 101, at 39.
293
Id. at 38.
93