Election Investigations Guidebook
dence required to objectively determine the factual basis of allegations.”7 This
includes obtaining documents and other information, interviewing witnesses and recording their testimony, evaluating the evidence, and developing
findings and recommendations. Finally, in the reporting stage, investigators
deliver their findings and conclusions to relevant authorities. These stages
are encapsulated in the figure below and are further detailed in subsequent
sections.
Figure 2: Basic scheme of an election investigation
Receipt of
complaint or suo
moto decision to
investigate
Triage and
preliminary
assessment
Dismissal / summary
judgment
Initiation of full
investigation
Final investigation
report
Receipt of Complaint
As illustrated in the graphic above, an investigation may be triggered by the
receipt of a complaint by a stakeholder with legal standing, or an authorized
institution may become aware of a potential violation and make a suo motu
decision (taking action on its own accord or own motion) to investigate the
issues without the need for a complaint being filed. Both triggers for investigation are important.
The level of formality required in the complaint submission process varies
from country to country. Some countries require specific forms to be submitted, while others accept complaints in almost any form. Some investigative
or election dispute resolution bodies require that a written complaint be
completed on a standardized form, while others allow complaints to be filed
by email, through a website, or by phone. In Sri Lanka, the Election Commission accepted complaints filed anonymously for the 2015 elections due to
the lack of trust and fear of retaliation that has persisted since the civil war.
While this provision protects complainants and allows legitimate complaints
to be filed without fear, the investigators could face potential challenges in
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Id. ¶ 8.2.