NCJ Number
120204
Date Published
1988
Length
191 pages
Annotation
Federal prosecutors become involved in election-related matters only when and where necessary to protect the integrity of significant Federal interests or programs, to assure that voting rights guaranteed by the Constitution are not willfully abridged, and to redress longstanding patterns of electoral abuse.
Abstract
The Constitution specifically gives States broad authority to determine voter qualifications and to establish and implement procedures for holding elections. Federal statutes deal with electoral corruption, criminal patronage practices, and the financing of Federal election campaigns. These statutes fall into four distinct groups: (1) criminal statutes that relate to corruption of the voting franchise; (2) criminal statutes that relate to the misuse of Federal property, programs, or employment for political purposes; (3) the Federal Election Campaign Act which regulates campaign finances for Federal candidates and contains both civil and criminal penalties; and (4) Federal grant programs that provide for the Federal funding of certain Federal campaigns, each of which contains antifraud criminal penalties. The substance of these election laws and policy considerations applicable to each type of offense are discussed. The role of the U.S. Department of Justice's Election Crimes Branch is considered, and suggestions are offered for structuring election offense investigations. Appendixes include a table of cases, statutes, and sample indictments.