• Federal trial juries, which are drawn from a broader
geographic area than are most state juries, and thus
lessen the possibility of local bias.
• Resources to handle the labor-intensive investigations
generally required for successful prosecution of
election crime.
• Detachment from local political forces and interests.
FEDERAL ROLE: PROSECUTION, NOT
INTERVENTION
The principal responsibility for overseeing the election
process rests with the states. With the significant exception of
violations of the Voting Rights Act involving denigration of the
right to vote based on race, ethnicity, or language minority
status, the federal government plays a role secondary to that of
the states in election matters. 1 It is the states that have primary
authority to ensure that only qualified individuals register and
vote, that the polling process is conducted fairly, and that the
candidate who received the most valid votes is certified as the
winner. 2
The federal prosecutor’s role in matters involving
corruption of the process by which elections are conducted, on the
other hand, focuses on prosecuting individuals who commit
federal crimes in connection with an election. Deterrence of
future similar crimes is an important objective of such federal
prosecutions. However, this deterrence is achieved by public
1
When election offenses are driven by animus based on race, ethnicity,
or language-minority status, the broad protections of the 1965 Voting Rights
Act and other civil rights statutes apply. 52 U.S.C. §§ 10101, 10301, 10303(f),
& 10503. Such matters are supervised by the Civil Rights Division.
2
Of course, the U.S. electoral college presents an exception.
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