The Department’s consultation requirements for election
crime matters are designed to ensure that national standards
are maintained for the federal prosecution of election crimes, that
investigative resources focus on matters that have prosecutive
potential, and that appropriate deference is given to the FEC’s civil
enforcement responsibilities over campaign financing violations so
that the missions of both the Department and the FEC may be
fulfilled in each case. The requirements are also intended to help
ensure that investigations are pursued in a way that respects both
individual voting rights and the states’ primary responsibility for
administering the electoral process. These requirements are as
follows:
Consultation Requirements for Election Fraud and
Patronage Crimes
United States Attorneys’ Offices and FBI field offices
may conduct a preliminary investigation of an alleged election
fraud or patronage crime without consulting the Public Integrity
Section. A preliminary investigation is limited to those
investigative steps necessary to flesh out the complaint in order to
determine whether a federal crime might have occurred and, if
so, whether it might warrant federal prosecution. However, a
preliminary investigation does not include interviewing voters
during the pre-election or balloting periods concerning the
circumstances under which they voted, as such interviews have
the potential to interfere with the election process or
inadvertently chill the exercise of an individual’s voting rights.
to:
Consultation with the Public Integrity Section is required
• expand an election fraud or patronage investigation
beyond a preliminary stage;
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