Donating To Political Campaigns: Ethical Quandary For Government Fellows

Federal employees are subject to the Hatch Act, which restricts their political activity while at work. However, the law still allows them to engage in campaign-related activities, which can vary by position and/or agency. Federal employees can donate to campaigns as long as they don't solicit or receive donations. They can also attend political fundraisers, and those with less restricted roles can speak at them. Employees in investigative and enforcement agencies are considered further restricted and may not campaign for or against candidates or engage in political activity associated with a political party or partisan group.

Can government fellows donate to political campaigns?

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Federal employees can donate to campaigns, but not solicit or receive donations

Federal employees are subject to the Hatch Act, which restricts their political activity while at work. However, the law allows them to make campaign contributions. According to an attorney in the Hatch Act division of the Office of Special Counsel, which enforces the law, "No federal employee is prohibited from making campaign contributions, whether it's to a political party or to a campaign. The Hatch Act does not prohibit employees from making contributions."

While federal employees can donate to campaigns, they are prohibited from soliciting, accepting, or receiving donations or contributions for a partisan political party, candidate, or group. This includes not being allowed to host or serve as a point of contact for a political fundraiser, although they can help organize it in other ways, such as setting up tables, selecting the menu, or hiring entertainment. Federal employees are also not allowed to display pictures of any partisan candidate unless the photo was on display before the election season or is personal and depicts a personal relationship.

There is a limited exception to the prohibition on solicitations for federal employees who belong to a federal employee labor organization and want to solicit contributions to that organization's political action committee. These employees may solicit other members of the organization as long as they are not subordinate employees and are not on duty or in a federal room or building. Additionally, federal employees can attend political fundraisers, and less restricted ones can speak at them.

It is important to note that some federal employees are considered ""further restricted"" and have additional limitations on their political activities. These include employees in investigative and enforcement agencies, such as the Justice, State, and Homeland Security departments, as well as the Federal Bureau of Investigation and the National Security Division.

Federal employees can attend political fundraisers and speak at less restricted ones

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 engage in campaign-related activities, which may differ depending on the position and agency.

Federal employees are allowed to attend political fundraisers, and those with less restricted roles can speak at them. Most federal employees are in the "'less restricted'" category, which allows them to engage in partisan political activity to a greater extent than those in the "further restricted" category. Employees in the "further restricted" category include those in investigative and enforcement agencies, such as the Justice, State, Homeland Security, and Defense Departments.

Federal employees in less restricted roles can also assist with their spouses' political fundraisers in a limited capacity, while those in further restricted roles are not permitted to do so. Additionally, federal employees are allowed to make campaign contributions but must not solicit, accept, or receive them. They can express opinions about candidates and issues as long as it is not done while on duty, in a federal facility, wearing a uniform or official insignia, or using a federally-owned or leased vehicle.

It is important to note that federal employees must be mindful of the potential perception of bias if donors to a campaign they are associated with have connections to matters the employee is officially involved in.

Federal employees can't display pictures of partisan candidates unless they were displayed before election season

Federal employees are subject to the Hatch Act, which restricts their political activity while at work. The Act prohibits employees from engaging in partisan political activity while on duty, in a federal facility, or using federal property. This includes displaying pictures of candidates for partisan political office. However, there are a few exceptions to this rule. Federal employees may display pictures of partisan candidates if the photo was on display before the election season, it is a personal photo depicting a personal relationship, and the employee has no political purpose in displaying it. Additionally, employees can display a single copy of the official portrait of the President or an official photo of the President at a government event, such as a ribbon-cutting or bill-signing ceremony.

The Hatch Act applies to all federal employees, but the restrictions vary based on position. Most federal employees are considered "less restricted" and can participate in political management or partisan political campaigns while off-duty, outside federal facilities, and not using federal property. On the other hand, "further restricted" employees, including senior executives, judges, and investigators, may not campaign for or against candidates or engage in political activity associated with a political party, partisan candidate, or group. These employees must also be cautious when using social media and following political accounts, ensuring their privacy settings are adjusted to hide their activity.

Federal employees can generally make donations to political campaigns, but they cannot solicit or receive contributions while on duty or in a federal facility. They can attend political fundraisers, and those in the "less restricted" category may even speak at these events. However, employees must be mindful of the source of the funds they contribute. It is prohibited to accept or solicit contributions from federal government contractors or foreign nationals in connection with any election.

While the Hatch Act allows federal employees to engage in some political activities, it is important to remember that violations of the Act can result in serious penalties, including removal from federal employment. Employees are advised to consult with their ethics official or seek legal guidance when navigating political participation to ensure compliance with the applicable restrictions.

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Federal employees can't post links to political websites or donation pages on Facebook

Federal employees are subject to the Hatch Act, which restricts their political activity while at work. The Act prohibits federal employees from engaging in political activity while on duty or in the workplace, engaging in political activity in an official capacity, and soliciting or accepting political contributions.

While the Hatch Act still allows federal employees to make campaign contributions, they must be wary of posting about politics on social media. This includes Facebook, where federal employees are not allowed to post links to the websites of political parties, partisan candidates, or partisan political groups. They are also not permitted to post links to donation or contribution pages.

Federal employees can, however, "like" the Facebook page of a political party, partisan political group, or partisan candidate, as long as they are not on duty or in a federal facility, and they do not solicit, accept, or receive campaign contributions. They must also adjust their privacy settings so that their lists of "friends," "likes," "interests," and "pages" with links are visible only to themselves.

Additionally, federal employees should refrain from posting, liking, or sharing anything about politics on Facebook while at work. They should not refer to their official titles or positions while engaging in political activity, and they cannot ask for political contributions.

It is important to note that some federal employees are "further restricted" and may be prohibited from engaging in any political activity on behalf of a partisan group. These include employees in the career Senior Executive Service (SES), National Security Division, Criminal Division, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, and Firearms.

Federal employees can't campaign for or against candidates if they're in a further restricted position

Federal employees are subject to the Hatch Act, which restricts their political activity while at work. The Act applies to all federal employees, but the application of its restrictions is divided into two groups based on position.

Less Restricted Employees

Most federal employees fall under the "less restricted" category. They are allowed to engage in partisan political activity and can attend political fundraisers, with the option to speak at them. They can also participate in political management or partisan political campaigns, but only while off-duty, outside a federal facility, and not using federal property.

Further Restricted Employees

Employees in further restricted positions, such as those in investigative and enforcement agencies, face stricter rules that preclude active participation in political management. These employees are not allowed to campaign for or against candidates or engage in any political activity in concert with a political party, a candidate for partisan political office, or a partisan political group.

Further restricted employees cannot:

• Post links to the websites of political parties, partisan candidates, or partisan political groups on their Facebook page or blog.
• Become a "friend," "fan," or "like" the Facebook page of a political party, partisan political group, or partisan candidate (they must adjust their privacy settings so that these lists are not visible to others).
• Follow the Twitter account of a political party, partisan political group, or partisan candidate's campaign (only if their list of followers is not visible to others).
• Write a blog expressing support for or opposition to partisan political candidates or parties (they cannot take an active part in partisan political management and campaigns).
• Campaign for or against a political party, partisan political group, or candidate for partisan political office.
• Solicit, accept, or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group.
• Engage in political activity while on duty, in any federal room or building, while wearing a uniform or official insignia, or using federally-owned or leased vehicles.
• Make political contributions to a partisan political party, candidate for partisan political office, or partisan political group.
• Post comments on blogs or social media sites that advocate for or against a partisan political party, candidate, or group.
• Use email accounts or social media to distribute, send, or forward content that advocates for or against a partisan political party, candidate, or group.

The Department of Justice has specified that the following employees are "further restricted" by statute:

• All career Senior Executive Service (SES) employees.
• Administrative law judges.
• Employees in the Criminal Division, the Federal Bureau of Investigation, and the National Security Division.
• Criminal investigators and explosives enforcement officers in ATF.

It is important to note that the rules for federal employees regarding political campaigns vary by position and agency, and there may be exceptions or additional restrictions not mentioned here.

Frequently asked questions