CHAPTER FOUR
ELECTION DAY PROCEDURES
This chapter summarizes the Election Day Program that the
Department of Justice implements for the federal general elections.
This program has been in effect since 1970. The Election Day
Program is also implemented on a narrower geographic basis in
connection with other significant elections when the Department
determines that the need exists.
There is a substantial federal interest in ensuring that
complaints of election abuses that are made during elections are
reviewed carefully and that appropriate action is taken promptly.
This review allows the Department to determine whether the alleged
facts warrant a criminal investigation, and, if so, of what nature
and scope.
Accordingly, for decades the Department has
implemented an Election Day Program for those elections in which
the federal interest is greatest, namely, the federal general elections
that occur in November of even-numbered years. During these
elections, the entire United States House of Representatives and
one-third of the United States Senate are elected, along with, every
four years, the President and Vice President. In addition, some federal
anti-corruption statutes reach conduct occurring in state and local
elections. On a case-by-case basis, the Election Day Program may be
expanded to include non-federal elections when adequate predication
exists to suggest a possible violation of federal criminal law.
The Election Day Program calls upon the Department’s 93
United States Attorneys to designate one or more senior Assistant
United States Attorneys (AUSAs) to serve a two-year term as District
Election Officer (DEO) for his or her district. These AUSAs are
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