and non-federal candidates, federal campaign financing law does
not apply to violations of state campaign laws. Most states have
enacted laws regulating and requiring transparency of campaign
financing of candidates seeking state or local office. While
violations of these state statutes are not, by themselves, federal
crimes, they may be evidence of other federal crimes, including
Hobbs Act, Travel Act, mail or wire fraud, or other offenses.
ADVANTAGES OF FEDERAL PROSECUTION
The Constitution confers upon the states primary
authority over the election process. Accordingly, federal law does
not directly address how elections should be conducted. State law
historically has regulated such important activities as the
registration of voters, the qualifications for absentee voting, the
type of voting equipment used to tabulate votes, the selection of
election officials, and the procedures and safeguards for counting
ballots.
These factors might suggest that the prosecution of
election crime should be left primarily to local law enforcement.
However, local law enforcement often is not equipped to
prosecute election offenses. Federal law enforcement might be
the only enforcement option available.
Four characteristics of the federal criminal justice
system support the federal prosecution of election crimes despite
the primary role of the states in most facets of election
administration:
• Federal grand juries, the secrecy requirements of
which help protect the testimony of witnesses who
tend to be vulnerable to manipulation and intimidation.
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