Sec. 6. (a) If, upon investigation, the secretary of state determines that a criminal violation of this title may have occurred, the secretary of state and the co-directors of the election division shall refer the facts drawn from the investigation to the prosecuting attorney of the judicial circuit in which the crime may have been committed.
(b) The secretary of state and election division may assist the prosecuting attorney in prosecuting an action under this section, which may include an attorney employed or retained by the secretary of state or the election division serving as a special deputy prosecutor appointed by the prosecuting attorney.