Eleanor Finch
The participation of state employees and their spouses in political campaigns is a complex issue. While the Hatch Act restricts state employees' political activities in the workplace, most employees can donate to campaigns as long as they don't solicit or receive funds. Their spouses can host political fundraisers and participate in campaigns, but employees themselves may be categorized as less restricted or further restricted, impacting their permitted activities.
Can state employee's spouse donate to political campaigns?
| Characteristics | Values |
|---|---|
| Federal employees and their spouses allowed to run for public office | Yes, but the federal employee must notify an ethics official |
| Federal employees allowed to make donations to campaigns | Yes, as long as they don't solicit or receive them |
| Less restricted employees allowed to assist with their spouse's fundraisers | Yes, but only in a "limited capacity" |
| Further restricted employees allowed to organize a political fundraiser | No |
| Spouse of a federal employee allowed to host a political fundraiser | Yes |
| Less restricted employees allowed to speak at political fundraisers | Yes |
| Less restricted employees allowed to attend political fundraisers | Yes |
| Further restricted employees allowed to attend political fundraisers | Yes |
| Further restricted employees allowed to post about political parties, candidates or groups on Facebook | Yes, but not while on duty or in a federal facility |
| Further restricted employees allowed to post links to political websites on Facebook | No |
| Less restricted employees allowed to campaign for or against a political party, group or candidate | Yes, but not on duty, in a federal facility, or using federal property |
| Less restricted employees allowed to invite subordinate employees to political events | No |
| Less restricted employees allowed to solicit, accept or receive donations for a political party, candidate or group | No |
| Further restricted employees allowed to campaign for or against a political party, group or candidate | No |
| Further restricted employees allowed to undertake any partisan political activity | No |
| Federal employees allowed to volunteer for political campaigns | Yes, but to varying degrees according to the Hatch Act |
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What You'll Learn
- Federal employees can donate to campaigns, but not solicit or receive donations
- Spouses of federal employees can host political fundraisers
- Less restricted federal employees can assist with spouses' fundraisers
- Further restricted federal employees cannot assist with spouses' fundraisers
- Federal employees must review lists of donors to avoid the appearance of bias
Federal employees can donate to campaigns, but not solicit or receive donations
Federal employees are allowed to donate to campaigns, but they cannot solicit or receive donations. This is because federal employees are subject to the Hatch Act, which restricts their political activity while at work. However, the law still permits them to engage in campaign-related activities, which can vary depending on their position and agency.
The Office of Special Counsel (OSC) has clarified that federal employees are not prohibited from making campaign contributions, whether to a political party or a campaign. Less restricted employees can even assist with their spouses' fundraisers, but only in a "limited capacity". This includes helping to organize a fundraiser, such as by stuffing envelopes, setting up tables, selecting the menu, or hiring entertainment. However, they must not personally solicit, accept, or receive political contributions.
Further restricted employees, such as those in the Justice, State, Homeland Security, and Defense departments, are held to stricter rules that preclude active participation in political management or partisan political campaigns, even when off-duty. These employees are not allowed to organize political fundraisers and cannot campaign for or against candidates or engage in political activity in concert with a political party or partisan group.
Federal employees must also be mindful of the potential for a perception of bias if donors to a campaign they support are connected to matters the employee is participating in as part of their official duties. Employees have a duty to regularly review lists of donors and identify any that could raise appearance issues, including whether they are prohibited sources under gift rules or if the donation raises concerns under the "catch-all" provision.
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Spouses of federal employees can host political fundraisers
Federal employees are subject to the Hatch Act, which restricts their political activity while at work. The Act prohibits employees from hosting or serving as a point of contact for a political fundraiser. However, they are allowed to help organize a fundraiser in a “limited capacity”, for example, by stuffing envelopes, setting up tables, selecting the menu, or hiring entertainment. Federal employees are also allowed to make donations to campaigns, as long as they do not solicit or receive them.
The restrictions of the Hatch Act do not apply to spouses of federal employees. This means that spouses of federal employees can host political fundraisers. However, federal employees must be mindful that a perception of bias can arise if donors to a campaign have some connection to matters in which the federal employee is participating in their official capacity. Therefore, employees should regularly review lists of donors to identify any that could raise issues.
"Less restricted" employees, including most career employees in the executive branch, are able to participate actively in political management or partisan political campaigns while off-duty, outside a federal facility, and not using federal property. They can also assist with their spouses' fundraisers in a "limited capacity". "Further restricted" employees, including those in the Justice, State, Homeland Security, and Defense departments, are held to stricter rules that preclude active participation in political management or partisan political campaigns, even off-duty. These employees may not organize political fundraisers or assist with their spouses' fundraisers.
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Less restricted federal employees can assist with spouses' fundraisers
Federal employees are subject to various degrees of 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. Most federal employees can make donations to campaigns as long as they don't solicit or receive them. Less restricted employees can assist with their spouses' fundraisers in a "limited capacity", whereas further restricted employees may not.
Further restricted employees are held to stricter rules that preclude active participation in political management or partisan political campaigns, even off-duty. These include employees in the Justice, State, Homeland Security, and Defense departments, as well as criminal investigators, administrative law judges, and employees in the Criminal Division, among others.
Less restricted employees, including most career employees in the executive branch, are able to participate actively in political management or partisan political campaigns while off-duty, outside a federal facility, and not using federal property. They can assist with their spouses' fundraisers but must not personally solicit, accept, or receive political contributions. They can, however, stuff envelopes, set up tables, select the menu, or hire entertainment for the event.
Additionally, federal employees should be mindful that a perception of bias can arise if donors to a campaign have connections to matters the employee is participating in their official capacity. Employees have a duty to regularly review donor lists and identify any that could raise appearance issues, including prohibited sources under gift rules and concerns under the "catch-all" provision.
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Further restricted federal employees cannot assist with spouses' fundraisers
Federal employees are subject to the Hatch Act, which restricts their political activity while at work. However, the law still allows them to do campaign-related things, which can vary by position and/or agency. While most federal employees can make donations to campaigns as long as they don't solicit or receive them, some agencies place employees in a further restricted category, which includes federal employees at investigative and enforcement agencies.
Further restricted employees are held to stricter rules that preclude active participation in political management or partisan political campaigns, even off-duty. They are not allowed to organize political fundraisers or assist with their spouses' fundraisers. Less restricted employees can assist with their spouses' fundraisers in a "limited capacity", but they must not personally solicit, accept, or receive political contributions.
The following Department of Justice 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
Further restricted employees may not campaign for or against candidates or otherwise engage in political activity in concert with a political party, a candidate for partisan political office, or a partisan political group. They are also not allowed to post links to political websites or partisan candidates' websites on Facebook or blogs, even when off-duty or outside a federal facility.
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Federal employees must review lists of donors to avoid the appearance of bias
Federal employees are subject to varying degrees of the Hatch Act, which restricts their political activity while at work. "Less restricted" employees, including most career employees in the executive branch, can participate actively in political management or partisan political campaigns outside of work, while "further restricted" employees are held to stricter rules that preclude active participation in political management or partisan political campaigns, even when off-duty.
Federal employees must be mindful that a perception of bias can arise if donors to a campaign they are involved in have some connection to matters in which the employee is participating in their official capacity. Employees have a duty to regularly review lists of donors, identifying any that could raise appearance issues. They must consider whether donors are prohibited sources under the gift rules (5 CFR Section 2635.201, et seq.) and whether the donation raises concerns under the “catch-all” provision in 5 CFR Section 2635.502.
Less restricted employees can assist with their spouses' fundraisers in a "limited capacity", while further restricted employees may not. Less restricted employees can also speak at political fundraisers, while all federal employees can attend them. Federal employees who belong to a federal employee labor organization can solicit contributions to that organization's political action committee, as long as they are not soliciting from subordinate employees and are not on duty or in a federal room or building.
Federal employees are prohibited from soliciting, accepting, or receiving campaign contributions. They may not use official positions to bolster statements posted on Facebook or other social media. Supervisors may never send emails to subordinate employees directed at the success or failure of a political party, partisan political group, or partisan candidate. They are also prohibited from inviting subordinate employees to political events or otherwise suggesting they attend or undertake any partisan political activity.
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Frequently asked questions
State employees and their spouses can donate to political campaigns, but they must be mindful of the ethics rules that pertain to their circumstances. They should not solicit or receive donations and must regularly review lists of donors to avoid any potential conflicts of interest.
State employees can volunteer for political campaigns, but they must be mindful of the restrictions imposed by the Hatch Act, which vary by position, agency, and whether they are classified as "less restricted" or "further restricted".
State employees can create political content online, such as posting on a Facebook page or blog, as long as it is not done on duty or in a federal facility, and they are not soliciting or accepting campaign contributions.
"Less restricted" state employees can invite other employees to political events, but "further restricted" employees may not. "Further restricted" employees include those in investigative and enforcement agencies, such as the Criminal Division, Federal Bureau of Investigation, and National Security Division.
State employees may be able to run for public office, but they should consult with an ethics official to understand the specific rules and restrictions that apply to their situation.
