• Many states require voters who ask for help in voting at
the polls to execute affidavits identifying the person they
wish to accompany them into the voting booth. This
information can be used to identify patterns of voter
intimidation and voter bribery.
(c) Consider the advantages of federal prosecution
Although the states have principal responsibility for
administering the election process, many state law enforcement
authorities are not well equipped to act effectively against ballot
fraud. State and local prosecutors should be advised of the federal
interest in prosecuting election fraud, and of the following factors that
favor federal prosecution of this type of case:
• Resources: Election fraud investigations usually require a
fairly large manpower commitment, which the federal
government is normally better able to marshal than are
local law enforcement authorities.
• Grand jury: The development of election crime cases
requires an effective grand jury process through which
testimony can be secured from the vulnerable witnesses
who are frequently encountered in these cases, and
through which necessary documentation can be secured.
• Broadly drawn venires: Election fraud is usually best
tried by juries that are not drawn from the immediate
location where the alleged fraud occurred. Federal
venires are normally drawn from wider geographic areas
than are state or local venires.
• Political detachment:
State and local prosecutors are
usually more closely linked to local politics than are
federal prosecutors. Federal prosecution of election crime
may therefore be viewed by the public and the media as
more impartial.
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