Election Investigations Guidebook
servants, election investigators “do not have the freedom of private persons
to take sides or to express their convictions publicly.”471 Instead, investigators should “treat all participants equally, fairly and even-handedly, without
giving any advantage to any political tendency or interest group.”472
By subscribing to the principle of
Special Investigators are expected to be,
and perceived to be, impartial; therefore,
they should not be or have been actively
or publicly engaged in the support or
opposition of the election of any federal
or provincial political party or candidate
for elective office, nor any federal or
provincial referendum committee.
Canadian Special Investigators’ Manual
political non-partisanship, election
investigators can inspire public
confidence in the credibility of the
investigative process and increase
the likelihood of acceptance of electoral dispute resolutions, especially
among parties on the losing side.
Many states include general provisions that compel investigators to
act impartially and independently.
In South Africa, for example, the
members of the Electoral Commis-
sion responsible for investigations “shall serve impartially and independently
and perform [their] duties as such in good faith and without fear, favour or
prejudice.”473 Similarly, in Mexico, the governing principles for all employees
of the Federal Electoral Institute include “independence, impartiality, and
objectivity.”474
To further ensure non-partisanship, some states also limit the extent to
which current or past investigators can participate in the political process.
The Canadian Investigators’ Manual holds that special investigators in Canada
should refrain from actively or publicly supporting or opposing a particular
candidate or party.475 Likewise, Bhutan bans investigators from participating
in campaigning or electioneering activities on behalf of any candidate or
political party.476
471
Standards of Conduct for the International Civil Service, supra note 471.
472
Wall et al., supra note 366, at 23 (defining impartiality in the context of electoral administration).
473
Electoral Commission Act 51 of 1996 § 9(1)(a) (S. Afr.).
474 Constitución Política de los Estados Unidos Mexicanos [C.P], art. 41(D)(V), as amended, Diario Oficial de la Federación
[DO], 13 de Noviembre de 2007 (Mex.).
475
Canadian Investigators’ Manual Ch. 2, supra note 322, at 2.
476
See Election Comm’n of Bhutan, Code of Conduct for Election Officers ¶ 11 (Mar. 10, 2013).
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