CHAPTER THREE
PATRONAGE CRIMES
HISTORICAL BACKGROUND
Federal jurisdiction over patronage crimes is usually attained by
virtue of the federal funds involved in a government job or benefit that
is used to induce or reward partisan activity by government
employees. Over the past century, Congress has enacted, at roughly
fifty-year intervals, three landmark pieces of legislation in this area.
Until the Hatch Act reform amendments of 1993, most federal
laws dealing with patronage abuses of government personnel and
programs derived from either the 1883 Pendleton Civil Service Act or
the 1939 Hatch Act. The Pendleton Act aimed at dismantling the
partisan “spoils system” that existed in the executive branch of the
federal government at the time; it created a merit civil service, and
enacted the Civil Service Commission to ensure non-partisan federal
employment. The Act also contained four criminal provisions
designed to protect federal employees against political manipulation.
These provisions, now codified at 18 U.S.C. §§ 602, 603, 606, and
607, prohibit political shakedowns of federal employees, political
activity in federal workspace, and politically motivated threats and
reprisals against federal employees.
In 1907, President Theodore Roosevelt promulgated an
executive order, known as Civil Service Rule No. 1, that prohibited
most active campaigning and electioneering by merit civil servants.
Over the next thirty years, the Civil Service Commission decided
approximately 2,000 administrative cases involving alleged violations of
this executive order, and in the process defined the scope of
permissible political activities.
In 1939, the Hatch Act codified this ban on active partisan
campaigning by executive branch employees, and incorporated those
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