• While acceptance of a plea agreement does not require
consultation, this is encouraged in order to ensure that the
plea agreement is consistent with those negotiated in
similar cases elsewhere and with other department policies
applicable with plea agreements. In addition, it is
recommended that the Section be consulted in the case of
pre-indictment pleas, although not required.
2. Urgent Reports and Press Releases
A United States Attorney’s Office that is conducting an
election fraud investigation should also submit urgent reports through
the Executive Office for United States Attorneys at each critical stage of
the investigation and ensuing prosecution. In addition, the filing of
criminal charges should be accompanied by a press release that has been
approved, when appropriate, by the Department’s Office of Public
Affairs.
3. Federal Seizure of State Election Materials
Federal custody of election materials is normally obtained by
grand jury subpoena. In taking custody of election documents,
election officials should not be deprived of documents necessary to
tally and recount the ballots and to certify the election results.39
Accordingly, copies in lieu of originals should be accepted until the
state’s need for the documentation expires. Originals may eventually
be necessary for handwriting and other forensic analysis and for
evidentiary purposes.
An exception to this rule might be warranted if the facts indicate that the
election officials are involved in an ongoing election fraud or obstruction scheme.
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