The Department views any voter interviews in the pre-election
and balloting periods, other than interviews of a complainant and any
witnesses he or she may identify, as beyond a preliminary
investigation. A United States Attorney’s Office considering such
interviews must therefore first consult with the Public Integrity
Section. USAM 9-85.210. This consultation is also necessary before
any investigation is undertaken near the polls while voting is in
progress.
The policy discussed above does not apply to covert
investigative techniques, nor does it apply to investigations or
prosecutions of federal crimes other than those that focus on the
manner in which votes were cast or counted. However, if there is any
doubt about whether the policy may apply, we recommend that the
Public Integrity Section be consulted.
Exceptions to this general rule of course exist. For example, one
exception may be appropriate when undercover techniques are
justified and the Department’s guidelines for undercover operations
have been met. Another exception may apply when it is possible to
both complete an investigation and file criminal charges against an
offender prior to the period immediately before an election. All such
exceptions require consultation with the Public Integrity Section, as
they involve action beyond a preliminary investigation.
5. Limitations on Federal Poll Watching
Federal agents may not be stationed at open polling places,
except in cases of discrimination covered by the Voting Rights Act, or
as part of the Civil Rights Division’s oversight obligations with
respect to the election system mandates enacted by the Help America
Vote Act. 40
In such cases, the Civil Rights Division’s Voting Section determines if there
is a risk that voting by minorities will be impeded in a location specially covered by
the Voting Rights Act. If so, the Voting Section will ask that the location be certified
for “federal observers.” Such observers are sent to view conduct at the polls and report
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