provided training and guidance by the Department in the areas of
election crimes and voting rights violations. Since 2002, the
Department’s Criminal Division and Civil Rights Division have
conducted training conferences for the DEOs prior to the November
general elections.
The Election Day Program is designed to coordinate
Department responses to election-related allegations among the
United States Attorneys’ Offices, FBI field offices, and Justice
Department prosecutors in Washington, D.C. The Program also
alerts the public to the Department’s commitment to prosecuting
election fraud.
Three important principles apply to the Election Day Program:
• First, as with all election crime matters, the Election Day
Program emphasizes the detection, evaluation, and
prosecution of crimes. As a general rule, except for the
activities covered by the federal voting rights laws, the
Department does not have authority to directly intercede
in the election process itself.
• Second, except in matters involving alleged
discrimination in the franchise that are covered by the civil
rights statutes, the Justice Department generally has not
heretofore placed observers inside open polling stations,
even though there might be a reasonable basis for believing
that criminal activity will occur there. This arises in part
from respect for state laws governing who may be inside
open polls, and in part from 18 U.S.C. § 592, which
prohibits federal officials from stationing armed men at
places where elections are in progress. However, there is
no federal statutory bar against sending unarmed federal
personnel, such as Assistant United States Attorneys, into
open polling places as long as their presence is either
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