awareness of the Department’s prosecutive interest in, and
prosecution of, election fraud – not through interference with the
process itself.
Because the federal prosecutor’s function in the area of
election fraud is not primarily preventative, any criminal
investigation by the Department must be conducted in a way that
minimizes the likelihood that the investigation itself may
become a factor in the election. The mere fact that a criminal
investigation is being conducted may impact upon the
adjudication of election litigation and contests in state courts.
Moreover, the seizure by federal authorities of documentation
generated by the election process may deprive state election and
judicial authorities of critical materials needed to resolve election
disputes, conduct recounts, and certify the ultimate winners.
Accordingly, it is the general policy of the Department not to
conduct overt investigations, including interviews with individual
voters, until after the outcome of the election allegedly affected
by the fraud is certified.
In addition, the federal prosecutor has no authority to
send FBI Special Agents or Deputy U.S. Marshals to polling
places. In fact, a federal statute makes it a felony for any federal
official to send “armed men” to the vicinity of open polling places.
18 U.S.C. § 592. In light of these considerations, Department and
FBI policy requires that any investigative action that involves an
intrusion by federal investigators into the area immediately
surrounding an open polling place be approved by the Criminal
Division’s Public Integrity Section.
9