Control of polling places is governed by state laws that regulate who is authorized to be inside a polling place. Many of these laws have criminal penalties. Most states provide that no one except voters, election administrators, and perhaps party representatives may serve as poll watchers, or even approach closer than fifty to one hundred feet from an open poll. Except in Illinois, state poll access statutes do not contemplate that federal personnel serve as poll watchers or otherwise enter areas when polling is taking place. Therefore, other than as specifically provided by the Voting Rights Act and other civil rights laws, there is no statutory basis for federal personnel to serve as poll watchers. In fact, federal law provides criminal penalties for any federal official who sends “armed men” to open polling locations. 18 U.S.C. § 592. Accordingly, the FBI’s Manual of Investigative Operations and Guidelines, at § 56-8(6), provides that investigations in the vicinity of open polls must first be approved by the Justice Department. 6. Selective Prosecution Issues The prosecution of certain types of electoral corruption can occasionally present sensitive issues of selective prosecution. A useful analysis of the law in this area, in the context of a voter fraud case, is contained in United States v. Smith, 231 F.3d 800, 807–13 (11th Cir. 2000). SUGGESTIONS FOR SUCCESSFUL ELECTION FRAUD INVESTIGATIONS Most of the general principles and procedures that govern federal criminal investigations apply to the investigation of election crimes. This section will discuss those investigative issues and tactics that are unique to election fraud cases. back through the Voting Section; they have no role in the detection of election crimes not involving racial animus. 86