Principle 3: Effective Investigation
Several states, including Moldova, the Philippines, Bhutan, and the United
States, require investigative bodies that hear administrative complaints to
refer any claims that warrant criminal investigation to law enforcement and
prosecution agencies. Established systems of referral among institutions involved in electoral investigations enable investigative bodies to identify claims
that fall outside their jurisdiction and quickly transfer these complaints to
the relevant institutions at the appropriate point in the investigative process.
The Moldovan Electoral Code obligates the Central Election Commission to
immediately inform prosecution agencies of “evidence that an action, which
in their opinion includes elements of a crime, related to conduct of elections has been committed.”309 The regulation relating to complaints is even
broader—i.e., not limited to criminal authorities—because it provides that
the Moldovan electoral authority refers a complaint if it is determined that
its resolution doesn’t fall within its purview within two calendar days from
the date of receipt. The electoral authority also has the “obligation to inform
the complainant about the fact that the complaint was remitted to the body
responsible for resolving it.”310
In Bhutan, the Central Election Dispute Settlement Body (CEDSB) can refer
complaints to law enforcement agencies that fall outside the CEDSB’s jurisdiction, such as the Royal Bhutan Police or the Anti-Corruption Commission.
Referrals are not permitted, however, for complaints involving reprimand,
fines, or disqualification of political parties or candidates.311 In Ukraine,
election laws limit the investigative powers of lower-level election commissions—if they detect any signs of criminal or administrative offenses (i.e.,
offenses under the administrative or criminal code rather than under the
election laws), either on their own or based on the complaints themselves,
then they must hand the case over to the police for further investigation,
instead of conducting an investigation themselves.312
309 Law No. 1381-XII of 1997 (Electoral Code of the Republic of Moldova), Monitorul Oficial al R.Moldova No. 81/667 of July
12, 1997, as amended 2010, art. 70 (Moldova) (“Criminal Penalties . . . (2) Criminal cases for crimes described in paragraph
(1) shall be pursued by prosecution bodies. (3) The chairpersons of electoral bodies and other officials are obliged to inform
the prosecution bodies immediately whenever they become aware of evidence that an action, which in their opinion includes
elements of a crime, related to conducting elections has been committed.”).
310 Law No. 1381-XII of 1997 (Electoral Code of the Republic of Moldova), Monitorul Oficial al R.Moldova No. 81/667 of July
12, 1997, 10 (Moldova).
311
Bhutan Election Dispute Settlement Manual, supra note 27, ¶ 17.1. (2013).
312
Law of Ukraine No. 4061-VI (Election of the People’s Deputies of Ukraine), art. 111(8) (2011).
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