Election Investigations Guidebook
order to train staff from these agencies on the electoral laws and regulations,
the Electoral Tribunal’s procedures and electoral policies, as well as specific
topics, such as independent candidacies, proportional representation, and
political communication, among others. Mexico is a rare example of a state
in which in-depth training is provided, however. Investigators often do not
receive sufficient training to perform their tasks because such instruction is
lacking at key points in the electoral process. Investigative bodies should provide ongoing training to enable investigators to understand the complexities
of the legal and regulatory system that governs elections and to respond to
the political contexts in which elections take place.
Professionalism
While competence in an election investigation context is a prerequisite for
professionalism—requiring the formation of a corps of fully-trained electoral
officials, investigators, and support staff336—it also envisages accountability
measures and the development and implementation of standard operating
procedures for investigations.
To develop a professional investigative body, the state should separate the
government’s role of setting policies, overseeing, and reviewing an investigative body from that body’s exercise of internal policy-making and operational
management.337 The American Bar Association’s Standards for Prosecutorial
Investigation emphasize sound but flexible internal policies within the investigative body that “reinforce standards of excellence, professionalism,
and ethics.”338
Investigative bodies must ensure the effective management of the investigatory process by providing a clear chain of command and delineating
roles and responsibilities. Election officials and supervisors should have the
authority to make autonomous decisions, subject to review by legislative,
executive, and judicial authorities.339 Elections Canada, for instance, provides
a clear hierarchy for the control of investigations: “[T]he Chief Investigator
is responsible for the planning, organization, execution, coordination, and
336
Orozco-Henríquez et al., supra note 101, at 27.
337
OSCE Guidebook for Democratic Policing, supra note 336, ¶ 113.
338
ABA Standards for Prosecutorial Investigations, supra note 82, § 2.15(c)(iv).
339
OSCE Guidebook for Democratic Policing, supra note 336, ¶ 114.
104