Non-Interference in Elections When Conducting Federal Criminal Investigations Involving Ballot Fraud

Ballot fraud is crime involving the process by which voters are registered, votes are cast, or votes are tabulated.  The Department has long recognized that the States – not the federal government – are responsible for administering elections, determining the validity of votes, and tabulating the results, with challenges handled by the appropriate election administrators, officials, legislatures, and courts.  The Department has a limited role in these processes and should generally avoid interfering or appearing to interfere with election administration, tabulation, validation, or certification.

See

§ 9-85.500

.  The Department’s role is limited to investigating and prosecuting violations of federal election laws and deterring criminal conduct.  Accordingly, the Department should not engage in overt criminal investigative measures in matters involving alleged ballot fraud until the election in question has been concluded, its results certified, and all recounts and election contests concluded.  Doing otherwise runs the risk of chilling legitimate voting and campaign activities and of interjecting the investigation itself into ongoing campaigns and the adjudication of any ensuing election contest.  It may, however, often be appropriate, in consultation with the Public Integrity Section, to share information and allegations involving such matters with state or local authorities where an immediate need for overt measures exists.  Exceptions to this policy may be recognized, but only with the approval of the Public Integrity Section.

[added August 2022]