Election Investigations Guidebook complainant and the subject through a letter that the investigation has been closed. If, however, the investigation “reveals adequate evidence to reasonably conclude that wrongdoing has occurred,”228 then investigators prepare an Investigation Report. This report outlines “the allegations, the investigation methodology and the facts established in the investigation.”229 Investigators forward the report to the appropriate supervisor for further action. It is important to remember that the adjudicator should be the one that makes a final determination on the veracity of a case. Many states have adopted a similar structure for election investigations, although the final authority to decide on whether to proceed with prosecuting or hearing the complaint generally lies with the prosecutor or adjudicator. In the Philippines, for example, the COMELEC Rules of Procedure lay out the process for presenting the findings. According to the rules governing the prosecution of election offenses: “If an investigating officer finds no cause to hold the respondent for trial, he shall recommend dismissal of the complaint.”230 Conversely, if the investigator “finds cause to hold the respondent for trial, he shall prepare the resolution, and the corresponding information wherein he shall certify under oath that he has examined the complainant and his witnesses” and “that there is reasonable ground to believe that a crime has been committed”231 or that an administrative or civil complaint has merit. In either case, the investigator must forward his recommendation to either the Director of the COMELEC Law Department or to the State Prosecutor or City or Provincial Fiscal.232 In Bhutan, the Election Dispute Settlement Rules and Regulations require the Investigation Committee to “submit its findings with recommendations to the [Election Dispute Settlement] Bodies” using a standardized report form.233 The Election Dispute Settlement Manual further specifies the elements that an investigation report must include, as set out in the text box on the next page.234 228 Id. at 12. 229 Id. 230 COMELEC Rules of Procedure, Rule 34, § 8(a) (Phil.). 231 Id. 232 See Id. 233 Bhutan Election Dispute Settlement Rules and Regulations, supra note 28, ¶ 13.4. 234 Bhutan Election Dispute Settlement Manual, supra note 27, ¶ 8.1 80

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