Republican Party of Illinois, 497 U.S. 62 (1990) (patronage
promotions and hirings of rank-and-file public employees violate
rights of speech and association); Branti v. Finkel, 445 U.S. 507,
517–19 (1980) (public employees may not be discharged based solely
on their political beliefs unless party affiliation is an appropriate
requirement for effective performance); Elrod v. Burns, 427 U.S. 347,
367 (1976) (patronage dismissals of non-policymaking public
employees violate the First and Fourteenth Amendments).
Although Sections 600 and 601 are misdemeanors, there are
alternative felony theories of prosecution that may be applicable to
conduct implicating these statutes. Such theories include:
• The Travel Act, 18 U.S.C. § 1952, in states having
statutes that broadly define bribery and extortion.
• Conspiracy to defraud the United States, 18 U.S.C. § 371,
to the extent that the evidence shows a conspiracy to
defraud the public of the fair and impartial administration
of a federal grant or program.
• Bribery concerning federally funded programs, 18 U.S.C.
§ 666. However, the Third Circuit has held Section 666
inapplicable to a scheme to demand non-pecuniary
political services from public employees. See United States
v. Cicco, 938 F.2d 441, 444–46 (3d Cir. 1991).
The Cicco case illustrates the use of alternative theories to
prosecute local public officials for corrupt patronage abuses.
Unfortunately, the case also illustrates the difficulties involved in
prosecuting patronage crimes under current law. Although the jury
convicted the defendants under both Section 601 and Section 666, the
two convictions were ultimately reversed on appeal.
In Cicco, local public officials demanded political services
from part-time public employees, and when the employees refused to
perform the services, the employees were denied permanent
109
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents