Jonah Patel
With election season approaching, federal employees may be wondering about their ability to participate in political campaigns and make contributions. While federal employees are subject to the Hatch Act, which restricts their political activity while at work, they are still allowed to engage in campaign-related activities outside of work. So, can government employees donate to political campaigns?
Can government employees donate to political campaigns?
| Characteristics | Values |
|---|---|
| Can federal employees donate to political campaigns? | Yes, as long as they don't solicit or receive them. |
| Can federal employees volunteer for political campaigns? | Yes, federal employees can attend political fundraisers, and less restricted ones can speak at them. |
| Are there any exceptions to the prohibition on solicitations? | Federal employees who want to solicit contributions to a federal employee labor organization's political action committee can do so if they are members of that organization and are not subordinate employees. They also cannot solicit while on duty or in a federal room or building. |
| Are federal employees subject to the Hatch Act? | Yes, to varying degrees, depending on their position and/or agency. |
| What is the OSC? | The OSC is the agency that enforces the Hatch Act. |
| Can federal employees who are foreign nationals donate to political campaigns? | No, federal law prohibits foreign nationals from making contributions in connection with any federal, state, or local election. |
| Can federal employees who are federal government contractors donate to political campaigns? | No, campaigns may not accept or solicit contributions from federal government contractors. |
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What You'll Learn
Federal employees can donate to campaigns unless they solicit or receive donations
Federal employees can donate to political campaigns unless they solicit or receive donations. The Hatch Act, which restricts political activity for federal employees during work hours, does not prohibit employees from making campaign contributions. However, they cannot solicit or receive donations. Federal employees who belong to a federal employee labor organization can solicit contributions to the organization's political action committee, but only from other members of the organization who are not subordinate employees, and not while on duty or in a federal room or building. Additionally, federal employees can attend political fundraisers, and those with fewer restrictions may even speak at them.
It is important to note that the level of restriction depends on the position and agency. Employees of investigative and enforcement agencies are subject to further restrictions. To ensure compliance with the Hatch Act, federal employees can seek guidance from the Office of Special Counsel (OSC), which enforces the Act and provides advice and a hotline for related complaints.
While federal employees can donate to campaigns, federal law prohibits contributions, donations, expenditures, and disbursements solicited, directed, or received directly or indirectly by or from foreign nationals in connection with any federal, state, or local election. Furthermore, incorporated charitable organizations are prohibited from contributing to federal elections, and campaigns may not accept or solicit contributions from federal government contractors.
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The Hatch Act restricts political activity at work
The Hatch Act restricts federal employee participation in certain political activities. The Act applies during the entirety of a federal employee's service and restricts some on-duty and off-duty conduct. While most federal employees are permitted to take part in political management and campaigns, the Hatch Act does prohibit certain participation by all federal employees.
For instance, federal employees may not seek public office in partisan elections, use their official title or authority when engaging in political activity, or engage in political activity while on duty. They may not solicit or receive contributions for partisan political candidates or groups. However, federal employees can make donations to campaigns as long as they do not solicit or receive them. All federal employees can attend political fundraisers, and most can speak at them.
There is an exception to the prohibition on solicitations for federal employees who belong to a federal employee labour organisation and want to solicit contributions to the organisation's political action committee. Such employees may solicit other members of the organisation who are not subordinate employees, but they may not solicit while on duty or in a federal room or building.
Some federal employees are subject to further restrictions. Public Health Service Commissioned Corps (PHSCC) officers, Administrative Law Judges (ALJs), and Career Senior Executive Service (SES) employees cannot engage in partisan political activities even during off-duty hours or when away from work. These employees are largely limited to the most basic rights of civic participation, such as voting, making political contributions, and expressing individual opinions.
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Federal employees can attend political fundraisers
Most federal employees fall under the "less restricted" category and are allowed to engage in partisan political activity while off-duty and outside federal facilities. These employees can attend and speak at political fundraisers. They can also make campaign contributions as long as they don't solicit or receive them.
However, some federal employees are subject to further restrictions. This includes employees at investigative and enforcement agencies, such as the Justice, State, Homeland Security, and Defense departments. These employees may not be able to attend or speak at political fundraisers and are subject to additional rules regarding their political activity.
It's important for federal employees to be aware of the restrictions that apply to their specific position and agency. The Office of Special Counsel (OSC) provides guidance and advice on the Hatch Act and can help employees understand what political activities they can and cannot engage in during election season.
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Employees of investigative agencies are more restricted
Federal employees are subject to the Hatch Act to varying degrees, which restricts their political activity while at work. However, the law still allows them to participate in campaign-related activities, which may vary depending on their position and/or agency. While no federal employee is prohibited from donating to a political campaign, those in investigative agencies are considered "further restricted" and must follow stricter rules.
Employees of investigative agencies, such as the Federal Bureau of Investigation (FBI) and the Criminal Division of the Department of Justice, are subject to more stringent regulations. These individuals are prohibited from actively participating in political management or partisan political campaigns, even when off-duty. They are not permitted to campaign for or against specific candidates or engage in political activities associated with a political party or partisan group. This restriction also applies to criminal investigators and explosives enforcement officers in the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
"Further restricted" employees of investigative agencies are also prohibited from soliciting, accepting, or receiving campaign contributions. They cannot use their official positions to promote their political statements or post links to political websites on social media. Additionally, supervisors within these agencies are not allowed to send emails to subordinate employees regarding the success or failure of a political party, candidate, or group.
It is important to note that the Office of Special Counsel (OSC) enforces the Hatch Act and provides guidance to federal employees. Employees of investigative agencies who have questions or concerns about their restrictions can utilize the OSC's hotline for Hatch Act-related complaints or email for further clarification on the law.
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Foreign nationals cannot contribute to federal elections
Federal employees are subject to the Hatch Act, which restricts their political activity while at work. However, the law still allows them to participate in campaign-related activities, and they are not prohibited from making campaign contributions. That being said, foreign nationals are prohibited from contributing to federal elections in the United States. This includes foreign citizens (not including dual citizens of the US), immigrants who are not permanent residents, and any other foreign principal as defined by the relevant legislation.
The Federal Election Campaign Act (FECA) and Commission regulations include a broad prohibition on foreign national activity in connection with US elections. Foreign nationals are prohibited from making contributions, donations, expenditures, or disbursements in connection with any federal, state, or local election in the US. This includes any involvement in the management of a political committee, including separate segregated funds (SSFs) and non-connected committees.
The Act does not prohibit individuals with permanent resident status ("green card holders") from making contributions or donations in connection with federal, state, or local elections, as they are not considered foreign nationals. However, foreign nationals are prohibited from participating in the decision-making process of any person or organization regarding contributions or donations to political committees.
Despite these prohibitions, there have been concerns about the enforcement of laws banning foreign money in US elections. In one instance, the FEC approved a formal investigation into a US company, American Ethane Co., which used money from Russian oligarchs to support federal candidates and political action committees (PACs) during the 2018 election cycle. The investigation found that American Ethane was majority-owned by Russian nationals and had no domestically generated income, but the FEC characterized the foreign money as an "investment" in an American company rather than as a violation of the foreign contribution ban. This has raised concerns about the FEC's commitment to protecting US elections from foreign interference and the potential for foreign money to influence elections.
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Frequently asked questions
Federal employees are subject to the Hatch Act, which restricts their political activity while at work. However, the law still allows them to make campaign contributions as long as they don't solicit or receive them.
The Hatch Act is a law that restricts federal employees' political activities while they are at work. The Office of Special Counsel (OSC) is the agency responsible for enforcing this act.
There is one exception to the prohibition on solicitations for federal employees who belong to a federal employee labor organization and want to solicit contributions to the organization's political action committee. These employees can solicit other members of the organization who are not subordinate employees, but they cannot solicit while on duty or in a federal room or building.
All federal employees can attend political fundraisers, and those less restricted can speak at them. Most federal employees fall under the “less restricted” category and can engage in partisan political activity.
Federal law prohibits contributions, donations, expenditures, and disbursements solicited, directed, received, or made by or from foreign nationals in connection with any federal, state, or local election. Incorporated charitable organizations and federal government contractors are also prohibited from making contributions in federal elections. Additionally, committees must disclose the name of the trust and the decedent when accepting contributions from trusts.
