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; 16

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