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Prosecute only clear violations of election law

Mandate for Leadership: The Conservative Promise, chapter 29, p. 863. Written by Hans A. von Spakovsky.

Prosecute only clear violations of election law

The document says “must”Who acts: President, Attorney GeneralHow: internal managementp. 863 in the PDF
What the document says

“The President must ensure that the DOJ, just like the FEC, is directed to only prosecute clear violations of FECA.”

Mandate for Leadership: The Conservative Promise, p. 863

The chapter says the department must not construe ambiguous provisions against the public instead of the government, or apply the act in a way that infringes protected First Amendment activity, and that it would be unjust to prosecute people who cannot tell whether they are breaking a confusing law.

What the document actually says

“The President must ensure that the DOJ, just like the FEC, is directed to only prosecute clear violations of FECA.”

Mandate for Leadership: The Conservative Promise, p. 863
That sentence, in plain words

Only bring charges for clear breaches of the election law.

What this is about

Election law is complex. The book says people cannot always tell if they broke it. It says only clear breaches should be charged.

What has happened
Partly matches

Fighting Overcriminalization in Federal Regulations

2025-05-09 · 90 FR 20363

Executive Order 14294 of May 9, 2025 sets as the policy of the United States that criminal enforcement of criminal regulatory offenses is disfavored, that prosecutions should focus on matters where a putative defendant is alleged to have known his conduct was unlawful, and that strict liability offenses are disfavored. It directs each agency, in consultation with the Attorney General, to publish every criminal regulatory offense it enforces together with the applicable mens rea standard, and it strongly discourages criminal enforcement of any offense left off that list. That is a presidential direction against prosecuting people who cannot tell that they are breaking the law, which is the reason the passage gives for its request. The fit breaks down because the order reaches criminal regulatory offenses, which it defines as federal regulations enforceable by a criminal penalty, rather than violations of the Federal Election Campaign Act itself, because it names neither the Justice Department's election crimes work, the Federal Election Commission, nor the First Amendment concern the passage raises, and because it governs when a regulatory offense should be charged rather than setting any standard of clarity for election law.

In plain English

The order says people should not face charges for rules they could not know they broke. Agencies must list each rule that can bring a charge. That matches the chapter's reason for its ask. But the order covers agency rules, not election law. It never names that law.

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How to cite this
  1. The document itself

    Mandate for Leadership: The Conservative Promise, edited by Paul Dans and Steven Groves (The Heritage Foundation, 2023), p. 863.
    https://static.heritage.org/project2025/2025_MandateForLeadership_FULL.pdf

  2. This page

    “Prosecute only clear violations of election law,” Project 2025, chapter 29, p. 863. Read the Mandate, https://readthemandate.org/project-2025/proposal/ch29-prosecute-only-clear-violations/ (retrieved October 7, 2026).

Cite the document when the claim is about what the document says. Cite this page when the indexing, the wording or the record of what has happened is what is being relied on.

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The quotation is the document's own words, exactly as printed, checked against the page number against the book itself before publishing. The paragraph underneath is our summary, not the document's words. So is the plain English version, which is why it sits beside the quotation rather than replacing it.

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