Election Investigations Guidebook
As urged by the Uniform Guidelines for Investigation, investigative bodies
should “acknowledge receipt of all complaints”20 whenever possible. Proper
receipt of complaints is integral to the triage process. A thorough and detailed
record of complaints can improve efficiency in both the preliminary assessment of claims and the full investigation. In Canada, the Commissioner’s office
registers all complaints on an initial report form, regardless of the format used
to submit the claim.21 EDR bodies should ensure that investigators accept all
complaints that meet initial requirements and measures should be instituted
to discipline investigators if they fail to do so. In Pakistan, a complainant may
refer a matter to the Election Commission Secretariat if officials within the
Election Commission Registrar fail to register a complaint or violation.22 In
its regulations, the Moldovan Central Election Commission explains that it
records complaints, including the date and time of receipt, in a special register
and assigns them with registration numbers.23
Triage and Preliminary Assessment
When an electoral claim or allegation is received by an adjudicatory or investigative body, the first step in investigating the claim should be to determine
which body has jurisdiction to adjudicate the claim or, if this is unclear, which
forum is best equipped to handle it. Depending on whether the preliminary
assessment determines that an investigative body has jurisdiction to investigate a particular claim or not, this body may begin its investigation, dismiss
the case for lack of jurisdiction with notice and explanation to the claimant,
or refer the investigation to another the appropriate institution.
The question of jurisdiction may be complicated if alleged violations are
both administrative and criminal in nature. The EMB would need to refer the
complaint to the law enforcement body responsible for the criminal investigation but also to conduct its own fact-finding process to decide whether to
20
Conference of International Investigators, Uniform Principles and Guidelines for Investigators ¶ 28 (2009), http://www.
conf-int-investigators.org/wp-content/uploads/2015/05/CII-Uniform-Principles-and-Guidelines-for-Investigations_2ed-2009.
pdf.
21
Comm’r of Canada Elections, Ch. 3 Preliminary Assessment of Alleged Infractions, in Investigators’ Manual 1 (2004)
[hereinafter Canadian Investigators’ Manual Ch. 3].
22
Islamic Republic of Pakistan, Handbook on the ECP Election Complaints Process 8 (2013) (unpublished manuscript) (on
file with IFES) [hereinafter Handbook on the ECP Election Complaints Process].
23
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, art. 65–68 (Moldova).
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