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

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