Principle 2: Thorough Investigation
election, however, the Commission decided to forbid each splinter group
from using the contested symbol in the interim.
When it reconsidered the case after the election, the Commission “carefully
examined and considered” all the evidence, including several hundred individual affidavits.141 Each splinter group, however, “dispute[d] the veracity
of many of the affidavits filed by the other group but without any evidence
to substantiate the allegation.”142 Therefore, the Commission decided that
it was impossible to come to a conclusion and did not allow the party name
or symbol to be used by either group.143
Sources of Evidence
Investigators must consider information from different sources, including
affidavits and other documentary evidence as well as audio recordings of
witness testimony. The Uniform Guidelines for Investigations reflect this
broad mandate, recommending that investigative activity should include
“the collection and analysis of documentary, video, audio, photographic,
and electronic information and other material, interviews of witnesses,
observations of investigations, and such other investigative techniques as
are required to conduct the investigation.”144
In an election investigation, documentary evidence often has particular
importance. In Canada, the Special Investigators’ Manual provides investigators with a list of the types of official election documents that they may
consider during an investigation. These include nomination papers filed
by candidates, documents related to revisions made to the voter list, and
various polling station returns enclosed in sealed envelopes, such as the
packets of cast, rejected, and spoiled ballot papers.145 Special investigators
may also consider “other documents,” meaning “the various statements,
books and records relating to an election campaign and which may be required for the investigation of an alleged infraction.”146 Examples include
141 In re: Dispute Case No. 1 of 1999 ¶ 10 (Sept. 27, 2000), reprinted in Election Comm’n of India, Landmark Judgments on
Election Law 386–394 (vol. III, 2000).
142
Id. ¶ 11.
143
Id.
144
Uniform Guidelines 2009, supra note 25, ¶ 34.
145 Comm’r of Canada Elections, Ch. 8 Access to Records, Books and Documents, in Investigators’ Manual 1–11 (Appendix I)
(2000) [hereinafter Canadian Investigators’ Manual Ch. 8].
146
Id.
63