Election Investigations Guidebook In addition, investigative bodies should develop user-friendly forms that capture SOPs so that investigators can properly track the internal and external movement of evidence, submit the evidence to adjudicating bodies, document an individual’s handling of evidence and access to the designated control room, and document the property release and disposition.404 Election investigators must take care to closely adhere to the SOPs that pertain to the maintenance of a proper chain of evidence during the investigative process. A failure to do so could undermine the integrity of the evidence collected and, ultimately, the quality of the investigation itself. Some policies that are especially important in the context of election dispute investigation include maintaining a proper chain of evidence, continuity of possession, security, and inspection. They are discussed in more detail in the following subsections. Maintaining a Proper Chain of Evidence Investigative bodies should institute policies and procedures to maintain a proper chain of custody in handling the evidence that is related to electoral disputes. Evidence management pertains to the handling of evidence—such as personal information, candidate registration documentation, voter registration rolls, balloting and count materials, campaign finance records, or other relevant documentary evidence—in a manner that ensures a proper chain of custody is followed throughout the investigative process.405 In the election context, “chain of custody” refers to the “chronological and careful documentation of evidence to establish its connection” to election disputes 404 Cf. Latta & Giles, supra note 399, at 19–22. 405 The Elections Canada Special Investigators Manual defines “personal information” as recorded information about an identifiable individual, as defined in the Canadian Privacy Act. See Canadian Investigators’ Manual Ch. 8, supra note 146, at 1–11. Candidate registration documentation refers to any documentary evidence relating to an individual’s application for candidacy and the election management body’s or other relevant agency’s determination of that individual’s eligibility. Voter registration rolls refer to documentary evidence associated with an individual’s application to register to vote, official information on an individual’s registration, and lists or databases of registered voters. Balloting and count materials include any documentary evidence associated with polling—whether through the early vote, absentee vote, or Election Day vote counts—and official counting procedures and practices. Such evidence may include ballots, ballot boxes, and election technology; official checklists or procedural records; witness statements; photographs; reports by candidate or party agents and observation groups. Campaign finance records and information refer to any documentary evidence relating to candidate or party campaign finance measures, including: candidate declarations; deposit slips or cancelled checks; campaign bank statements; bills and vouchers related to the payment of campaign expenses; lists or databases capturing contributions of goods and services; witness statements; documentation indicating a candidate’s personal expenses; records of contributions and official income tax receipts; and auditor’s reports. Other relevant documentary evidence may refer to witness statements and records relating to an election campaign, voter registration, election administration, election violence, or voting and counting. 118

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