Federal Employees and the Hatch Act
Given the high level of interest in this year's presidential race, members should stay up to date on Hatch Act restrictions on political activity among federal employees.
The Hatch Act prohibits federal employees from engaging in partisan political activity while either on duty or in a federal building. Federal workers may not, for instance, wear partisan political buttons or display related campaign material in their workspaces.
The Hatch Act bars some off-duty political activities outside the federal workplace as well. For example, sending an e-mail through your agency's e-mail system could be a Hatch Act violation, if the content of an e-mail message is political in nature. Such a violation may be found even if you send the e-mail from home after remotely accessing your federal e-mail account. Similarly, federal employees may not engage in partisan political activities when wearing uniforms or riding in government vehicles. Moreover, federal employees may not run for political office in a partisan election. Some, but not all, federal employees are also banned from participating in political campaigns, even when they are off-duty and not on federal agency premises.
The penalty for a Hatch Act violation is automatic termination for a single offense, no matter how inconsequential a particular violation may seem. The only exception is when the three-member panel of the U.S. Merit Systems Protection Board (MSPB) unanimously rules to allow a federal agency to suspend, rather than remove, an employee.
The list below describes what federal employees can and cannot do with regard to political activity. You can also download a flyer with the list. For more information, go to Frequently Asked Questions, or got to the Office of Special Counsel (OSC) web site, which enforces the Hatch Act.
The OSC also has a video that you can watch to learn more about the Hatch Act. Go to their E-Library and scroll down to "Hatch Act—Federal Employes;" click on the film strip icon at the end of the list.
FEDERAL EMPLOYEES:
| May be candidates for public office in nonpartisan elections | May not use their official authority or influence to interfere with an election |
| May register and vote as they choose | May not solicit, accept or receive political contributions unless both individuals are members of the same federal labor organization or employee organization and the one solicited is not a subordinate employee |
| May assist in voter registration drives | May not knowingly solicit or discourage the political activity of any person who has business before the agency |
| May express opinions about candidates and issues | May not engage in political activity while on duty |
| May contribute money to political organizations | May not engage in political activity in any government office |
| May attend political fundraising functions | May not engage in political activity while wearing an official uniform |
| May attend and be active at political rallies and meetings | May not engage in political activity while using a government vehicle |
| May join and be an active member of a political party or club | May not be candidates for public office in partisan elections |
| May sign nominating petitions | May not wear political buttons on duty |
| May campaign for or against referendum questions, constitutional amendments, municipal ordinances | |
| May campaign for or against candidates in partisan elections | |
| May make campaign speeches for candidates in partisan elections | |
| May distribute campaign literature in partisan elections | |
| May hold office in political clubs or parties including serving as a delegate to a convention |
E-MAIL & THE HATCH ACT
Misuse of e-mail is one of the most common ways employees run afoul of the Hatch Act.
When a federal employee sends (or forwards) an e-mail that advocates the support or opposition of a partisan candidate running for office and does so from a government computer, in a government building, or while on duty in a federal job, he or she violates the law and could possibly be fired.
