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 116

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