Hatch Act for Federal Employees
The Hatch Act restricts the political activity of executive branch employees of the federal government, District of Columbia government and some
state and local employees who work in connection with federally funded programs.
In 1993, Congress passed legislation that significantly amended the Hatch Act
as it applies to federal and D.C. employees
(
5
U.S.C. §§ 7321-7326). (These amendments did not change the provisions that apply to state and local employees.
5 U.S.C. §§ 1501-
1508.) Under the amendments most federal and D.C. employees are now permitted to take an active part in
political management and political campaigns.
A small group of federal employees are subject to greater restrictions and continue to be prohibited from engaging in partisan political management and partisan political campaigns.
OSC has developed a number of
booklets, posters and fact sheets that
explain the application of the Hatch Act. Copies of the booklets and posters can be ordered from the
Government Printing Office. The fact sheet may be downloaded or emailed directly from the OSC website.
Additionally, OSC has created a PowerPoint presentation - "
Political Activity and the Federal Employee" - which covers the rules and regulations of the Hatch Act.
Federal employees should also be aware that certain political activities may also be
criminal offenses under title 18 of the U.S.
Code. See 18 U.S.C.
§§ 210,
211,
594,
595,
600,
601,
602,
603,
604,
605,
606,
607,
610.
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Permitted/Prohibited Activities for Employees Who May Participate in
Partisan Political Activity
These federal and D.C. employees
may-
- be candidates for public office in nonpartisan elections
-
register and vote as they choose
- assist in voter registration drives
- express opinions about candidates and issues
- contribute money to political organizations
- attend political fundraising functions
- attend and be active at political rallies and meetings
- join and be an active member of a political party or club
- sign nominating petitions
- campaign for or against referendum questions, constitutional amendments, municipal
ordinances
- campaign for or against candidates in partisan elections
- make campaign speeches for candidates in partisan elections
- distribute campaign literature in partisan elections
- hold office in political clubs or parties
These federal and D.C. employees
may not-
- use official authority or influence to interfere with an election
- solicit or discourage political activity of anyone with business before their agency
- solicit or receive political contributions (may be done in certain limited situations by
federal labor or other employee organizations)
- be candidates for public office in partisan elections
- engage in political activity while:
- on duty
- in a government office
- wearing an official uniform
- using a government vehicle
- wear partisan political buttons on duty
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Agencies/Employees Prohibited From Engaging in Partisan Political Activity
Employees of the following agencies (or agency components), or in the following
categories, are subject to more extensive restrictions on their political
activities than employees in other Departments and agencies:
Administrative Law Judges (positions described at 5
U.S.C. § 5372)
Central Imagery Office
Central Intelligence Agency
Contract Appeals Boards (positions described at 5
U.S.C. § 5372a)
Criminal Division (Department of Justice)
Defense Intelligence Agency
Federal Bureau of Investigation
Federal Elections Commission
Merit Systems Protection Board
National Security Agency
National Security Council
Office of Criminal Investigation (Internal Revenue Service)
Office of Investigative Programs (Customs Service)
Office of Law Enforcement (Bureau of Alcohol, Tobacco and Firearms)
Office of Special Counsel
Secret Service
Senior Executive Service (career positions described at 5 U.S.C. §
3132(a)(4))
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Permitted/Prohibited Activities for Employees Who May Not Participate in Partisan Political Activity
These federal employees may-
- register and vote as they choose
- assist in voter registration drives
- express opinions about candidates and issues
- participate in campaigns where none of the candidates represent a
political party
- contribute money to political organizations or attend political
fund raising functions
- attend political rallies and meetings
- join political clubs or parties
- sign nominating petitions
- campaign for or against referendum questions, constitutional
amendments, municipal ordinances
These federal employees
may not-
- be candidates for public office in partisan elections
- campaign for or against a candidate or slate of candidates in
partisan elections
- make campaign speeches
- collect contributions or sell tickets to political fund raising
functions
- distribute campaign material in partisan elections
- organize or manage political rallies or meetings
- hold office in political clubs or parties
- circulate nominating petitions
- work to register voters for one party only
- wear political buttons at work
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Hatch Act Regulations
| 1/1/01 |
Political
Activity - Federal Employees
Residing in Designated Localities [5CFR733] |
 |
| 1/1/01 |
Political Activities of Federal
Employees [5CFR734] |
|
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Penalties for Violating the Hatch Act
An employee who violates the Hatch Act shall be removed from their position,
and funds appropriated for the position from which removed thereafter may not be
used to pay the employee or individual. However, if the Merit Systems Protection
Board finds by unanimous vote that the violation does not warrant removal, a
penalty of not less than 30 days' suspension without pay shall be imposed by
direction of the Board.
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Advisories for Federal Employees
| 8/9/04 |
Candidate Visits to Federal
Agencies |
|
| 5/3/04 |
D.C. Employee Serving as an
Officer of a Campaign Committee |
|
| 4/30/04 |
Federal Reserve Bank Board of
Directors Not Covered |
|
| 5/25/04 |
Voter Registration Drives in
the Workplace(2) |
|
| 4/14/04 |
Voter Registration Drives in
the Workplace |
|
| 3/18/03 |
Wearing Antiwar or Nonpartisan Buttons in the Workplace |
|
| 6/04/02 |
Running for Political Party Office |
|
| 5/30/02 |
Use of electronic messaging devices (e.g., e-mail) to engage in political activity |
|
| 4/30/02 |
Appointment to Public Office |
|
| 4/30/02 |
Candidacy in a Non Partisan Election |
|
| 1/18/02 |
Designated Localities and Independent Candidacy Transforms to a Partisan Candidacy |
|
| 1/16/02 |
Non-Partisan Election Transformed to Partisan Election |
|
| 6/27/01 |
Temporary, Part-Time and Emergency Employees |
|
| 4/23/01 |
Write-In Candidacy |
|
| 2/14/01 |
Retirement
of campaign debt |
|
| 1/10/01 |
When
does candidacy begin (2) |
|
| 7/19/00 |
Irregularly Scheduled Employee Running for Public Office |
|
| 2/25/00 |
Reimbursement of de minimis
expenses for PAS employees |
|
| 2/11/00 |
Serving as an officer for an
organization that has a PAC |
|
| 3/19/99 |
When does candidacy begin |
|
| 12/30/98 |
Elected official accepting
federal employment |
|
| 5/20/98 |
Candidacy in a partisan
election |
|
| 3/2/98 |
Working for a partisan
campaign |
|
| 12/17/97 |
Nonappropriated fund
employees |
|
| 11/25/97 |
Candidacy for regularly
scheduled employees |
|
| 11/25/97 |
Displaying political signs
in federal housing |
|
| 11/18/97 |
Serving as a treasurer of a
campaign |
|
| 10/16/97 |
Restricted employee
becoming a member of a partisan political group |
|
| 3/28/97 |
Receipt of political
material at work |
|
| 10/16/96 |
Solicitation of services
from subordinate employees |
|
| 7/8/96 |
Salary allotments |
|
| 5/8/96 |
Taking a leave of absence to work on a campaign |
|
| 3/20/96 |
Restricted employee working
on a campaign |
|
| 2/13/96 |
Testing the waters |
|
| 2/9/96 |
Serving as a delegate to a
party convention |
|
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Frequently Asked Questions and Answers For Employees Who May Engage in Partisan Political Activity
Listed below are answers to some of the most frequently asked questions received by
OSC about political activity by federal employees.
Question: Can I make a contribution to the campaign of a partisan candidate, or to a
political party or organization?
Answer: Yes. A federal employee may contribute to the campaign of a partisan
candidate, or to a political party or organization.
Question: If I have a bumper sticker on my personal car, am I allowed to park the car
in a government lot or garage, or in a private lot/garage if the government subsidizes my parking fees?
Answer: Yes. An employee is allowed to park his or her privately owned vehicle with
bumper sticker in a government lot or garage. An employee may also park the car with a
bumper sticker in a private lot or garage for which the employee receives a subsidy from
his or her agency.
Question: Can I help organize a political fundraiser?
Answer: An employee is allowed to organize a fundraiser, including supplying names
for the invitation list, as long as he or she does not personally solicit, accept, or receive contributions.
Question: Can my name appear on invitations to a political fundraiser as a sponsor or
point of contact?
Answer: No. An employee's name may not be shown on an invitation to such a
fundraiser as a sponsor or point of contact.
Question: Can I speak at a political fundraiser?
Answer: An employee is allowed to give a speech or keynote address at a political
fundraiser, as long as he or she is not on duty, and does not solicit political contributions.
Question: If I'm going to speak at a political fundraiser, what information about me
can be printed on the invitations?
Answer: An employee's name can be shown as a guest speaker. However, the reference
should not in any way suggest that the employee solicits or encourages contributions.
Invitations to the fundraiser may not include the employee's official title; although an
employee who is ordinarily addressed with a general term of address such as "The
Honorable" may use, or permit the use of, that term of address on the invitation.
Question: Can I attend a state or national party convention? If so, in what capacity?
Answer: Yes. A federal employee may serve as a delegate, alternate, or proxy to a
state or national party convention.
Question: If I run as a candidate for public office in a nonpartisan election, does the
Hatch Act allow me to ask for and accept political contributions?
Answer: An employee who is a candidate for public office in a nonpartisan election
is not barred by the Hatch Act from soliciting, accepting, or receiving political
contributions for his or her own campaign.
Question: May I distribute brochures for a political party to people arriving at a
polling place on Election Day?
Answer: Yes. An employee may stand outside a polling place on Election Day and hand
out brochures on behalf of a partisan political candidate or political party.
Answers to other questions about allowable political activity by federal employees can
also be found in Hatch Act regulations in title 5 of the Code of Federal Regulations.
Questions not answered above, or in the regulations, can be submitted to OSC for an
advisory opinion.
