Principle 2: Thorough Investigation
edges that interviews are “but one method of ascertaining the facts.”167 Not
all countries conduct personal interviews in the course of their election investigations. In Mexico, for example, oral testimony carries little weight in
terms of the standard of evidence; consequently, investigators can only gather
written testimony and can even face charges of harassment for conducting
an oral interview.168
However, since interviews can serve as a valuable investigative tool, most
states give investigators the discretion to interview. In the United Kingdom,
the Electoral Commission encourages police officers investigating electoral
offenses to “invite” relevant parties for an interview.169 In a recent report
on an political finance investigation, the U.K. Electoral Commission noted
that all interviews were voluntary but the one person who declined sent a
written response.170 In South Africa, the Election Commission may afford
interested parties the opportunity to make additional “oral submissions”
when investigating objections to election results.171 Likewise, Indonesia allows investigators to decide whether or not to interview: “In the process of
investigating the Report of Suspected Violation, Election Supervisor may
summon the Report Submitter, the reported, the party suspected to perpetrate the violation, witnesses, and/or experts to provide their testimony and/
or clarification under oath.”172
As the Indonesian law highlights, there are different categories of potential interviewees. These include the complainant (the individual alleging
an election violation), the suspect or subject (the individual accused of an
election violation), and witnesses (any other individuals who “may have
167 Comm’r of Canada Elections, Ch. 11 Interview Techniques, in Investigators’ Manual 1 (2000) [hereinafter Canadian Investigators’ Manual Ch. 11].
168 Chad Vickery & Erica Shein, IFES, Mexico Elections 2012: An Assessment of the Investigation and Adjudication of Election
Complaints 22 (July 2012) (unpublished report) (on file with IFES); Email from Mexican Legal Specialist, Democracy Building
International (Jun. 26, 2013, 12:28 EST) (on file with IFES).
169
Electoral Comm’n, Guidance on Preventing and Detecting Electoral Malpractice 32 (2013) (U.K.).
170 Electoral Comm’n, Investigation: UK Independence Party (UKIP) (2018), https://www.electoralcommission.org.uk/
our-work/roles-and-responsibilities/our-role-as-regulator-of-political-party-finances/sanctions/report-on-an-investigation-into-the-uk-independence-party-ukip.
171
Election Regulations of 2004, GN R12 in GG 25894, ¶ 31(2) (Jan. 7, 2004) (S. Afr.).
172 Bawaslu Regulation Concerning the Procedure of Reporting and Handling of Violations in the Elections of Members of
the People’s House of Representatives, House of Regional Representatives, and Regional People’s House of Representatives,
Law No. 14/2012 (2012), art. 15(1) (unofficial IFES translation) [hereinafter Bawaslu Regulation No. 14/2012] (emphasis
added).
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