• Violations of Section 20701 are subject to criminal
sanctions, while violations of Section 20507(i) are subject
only to non-criminal remedies.
POLICY AND PROCEDURAL CONSIDERATIONS
Election-related allegations range from minor infractions,
such as campaigning too close to the polls, to sophisticated criminal
enterprises aimed at ensuring the election of corrupt public officials.
Such matters present obvious and wide disparities in their adverse
social consequences. As the Department has long strived to achieve a
nationally consistent response to electoral fraud, it is important that
federal investigators and prosecutors avail themselves of the expertise
and institutional knowledge that the Public Integrity Section
possesses in this sensitive area of law enforcement.
1. Consultation Requirements
The Department of Justice has a long-standing consultation
policy for election crime investigations involving violations of the
statutes discussed in this chapter. The policy is set forth in Section 985.210 of the U.S. DEP’T OF J USTICE, UNITED STATES ATTORNEYS ’
M ANUAL (USAM). The purposes of the consultation policy are to
assist federal prosecutors and investigators in determining whether
there is a sufficient factual legal basis to commence a federal criminal
investigation, and, if so, to ensure that the investigation is timed in a
manner that does not interfere with the adjudication of the election
itself.
Upon receipt of an election fraud allegation, a United States
Attorney’s Office may, if the Office considers it warranted, request the
FBI to conduct a preliminary inquiry in the form of an “assessment.” 37
An “assessment” is defined in the FBI’s Domestic Operations and Field Guide
(2015) (DIOG) Section 5 to include those investigative steps necessary to flesh out the
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