18 US.C. 242. Deprivation of rights under color of law b. False registration information c. Commercialization of the vote.. d. Conspiracy to encourage illegal voting 42 U.S.C. 1973i(e). Voting more than once 18 U.S.C. 597. Expenditures to influence voting 18 U.S.C. 594. Intimidation of voters 18 U.S.C. 245(b)(1)(A). Federally protected activities 18 U.S.C. 592. Troops at polls 18 U.S.C. 593. Interference by armed forces 18 U.S.C. 596. Polling armed forces 18 U.S.C. 601. Deprivation of employment or other benefit for political contribution 29 30 18 U.S.C. 595. Interference by administrative employees of federal, state or territorial governments 18 U.S.C. 598. Coercion by means of relief appropriations .. 18 U.S.C. 604. Solicitation from persons on relief 18 U.S.C. 603. Making political contributions. C. CAMPAIGN FINANCE STATUTES Background.... 2 U.S.C. 441a. Limitations on contributions and expenditures... 2 U.S.C. 441b. Contributions or expenditures by national banks, corporations, or labor organizations.. 2 U.S.C. 441c. Contributions by government contractors 36 2 U.S.C. 441i. Acceptance of excessive honorariums 2 U.S.C. 439a. Use of surplus campaign funds. 2 U.S.C. 437g. Enforcement a. Criminal/Civil Remedies b. Venue. c. Statute of Limitations d. Preemption of State Laws D. REPORTING AND CAMPAIGN ORGANIZATION STATUTES Background..... 43 2 U.S.C. 431. Definitions 2 U.S.C. 432. Organization of political committees 2 U.S.C. 437. Reports on convention financing 2 U.S.C. 437d. Powers of the Commission 2 U.S.C. 437f. Advisory opinions. 2 U.S.C. 437h. Judicial review ... 2 U.S.C. 438. Administrative provisions Page 44 44 45 45 46 46 46 46 46 47 2 U.S.C. 439. Statements filed with State officers 47 47 CHAPTER THREE POLICY AND PROCEDURES A. ABUSE OF THE FRANCHISE. Background.... Categories of Election Fraud Matters Other Factors Bearing On Intervention in Election Relations with the Federal Election Commission ... 55 53 54 54 Violations Departmental Prosecutive Policy PREFACE This is the fourth edition of the Justice Department's election law manual. Its purpose is to present a current summary of the criminal laws dealing with the subject of elections. It also contains a statement of the policy and procedural considerations which bear on the administration of federal criminal justice in this complex and important area. The substance and enforcement of the federal election laws are among the least understood subjects with which federal prosecutors are required to deal. It is the hope of those of us who have prepared these materials that they will shed light on the subject, and provide useful guidance to the federal prosecutor in discharging the Justice Department's law enforcement responsibilities in election matters. The contents of this booklet are intended exclusively to serve as a reference tool for personnel employed by the Offices, Boards and Divisions of the Justice Department, United States Attorney Offices and the Federal Bureau of Investigation. Nothing contained herein is intended to confer substantive or procedural rights on the public generally, or upon those whose activities may fall within the ambit of these laws in particular. Moreover, the discussion which follows represents only the views and policy of the Criminal Division on the date of its preparation. It is subject to change without notice. In the two years since the 1982 national elections, substantial and significant developments have taken place concerning the prosecution of election fraud cases in the federal courts. Previously unresolved questions concerning the extent to which abuse of the franchise aimed at local and state elections may be prosecuted under federal law have been answered. The potential for a federal presence in this area of law enforcement has increased. Investigative techniques have been developed and implemented which facilitate the detection and proof of vote fraud cases. At the same time, new problem areas concerning the integrity of the franchise have been identified, especially in the area of voting by noncitizens and exploitation of the franchise of mentally infirm and the socially dependent voters. It is presently accurate to represent that the federal prosecutor possesses the statutory and investigative tools through which federal jurisdiction can be asserted over most abuses of the franchise. It is our expectation that these prosecutive theories will be further refined and improved over the ensuing election cycle, so as to enable the Justice Department to efficiently and effectively fulfill its responsibility to ensure a meaningful electoral franchise for all United States citizens. |