party dominates the political landscape. Rather, the conditions most
conducive to election fraud are close factional competition within an
electoral jurisdiction for an elected position that matters. Thus, in a
jurisdiction when one party is dominant, election fraud may
nevertheless occur during the primary season, as various party
factions vie for power.
Most election fraud aims at ensuring that important elected
positions are occupied by “friendly” candidates. It occurs most often
when the financial stakes involved in who controls public offices are
great – as is often the case when patronage positions are a major
source of employment, or when illicit activities are being conducted
that require protection from official scrutiny. As noted, election
crimes will typically coincide with other types of corruption.
2. Patronage Crimes
Patronage is a term used to describe the doctrine of “to the
victor go the spoils.” The Supreme Court has held that the firing,
based on partisan considerations, of public employees who occupy
non-confidential and non-policymaking positions violates the First
Amendment. Moreover, an aggressive and pervasive patronage
system can provide a fertile breeding ground for other forms of
corruption. It is therefore important to root out aggravated patronage
abuses wherever they occur.
Patronage crimes are most prevalent when one political faction
or party dominates the political landscape but is also required to defend
its position of power against a credible opposition. Patronage crimes
are also common in jurisdictions where other forms of public corruption
are prevalent and tolerated by the body politic.
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