Simone Lawson
Political activity refers to actions taken in support of or opposition to a political party, candidate, or group. This includes activities such as campaigning, expressing opinions, fundraising, and using official authority to influence election results. The term encompasses a wide range of behaviours, from joining political clubs to displaying partisan materials. The Hatch Act, which restricts federal employee involvement in partisan political activity, prohibits certain political activities for federal employees both on and off duty. University employees also face restrictions on political activities, particularly during compensated time.
| Characteristics | Values |
|---|---|
| Definition | "Political activity" means doing something in active support of or opposition to a political party, a candidate for partisan political office, or a partisan political group. |
| Who does it apply to? | Federal employees, university employees, state employees, and employees of private companies. |
| Where does it apply? | In a government room or building, including break rooms, conference rooms, and union offices; or any room or building occupied in the discharge of official duties. |
| When does it apply? | While on duty, including when telecommuting or on official time for union duties. |
| What constitutes political activity? | Expressing opinions about candidates and issues; campaigning for or against candidates or political parties; signing and circulating nominating petitions; making campaign speeches; distributing campaign literature; volunteering to work on a political campaign; joining and being an active member of political clubs or parties; holding office in political clubs or parties; posting, blogging, retweeting, and liking partisan political content on social media; using official authority or influence to interfere with or affect the result of an election; displaying political buttons, posters, or candidate photographs in the workplace; using a government-owned or leased vehicle with a partisan bumper sticker; designating a space on campus as campaign headquarters for a political candidate or party; writing a letter or signing a statement connected to political activity; taking part in a public political meeting; speaking on behalf of a candidate or issue; using a personal email account or social media to distribute, send, or forward content that advocates for or against a political party, candidate, or group. |
| Restrictions | Employees should not rely on the opinions of friends or co-workers regarding specific political activities. Ignorance of the law is not an excuse for violating restrictions on political activity. Employees may not use their official title or position while engaged in political activity, nor may they invite subordinate employees to political events or undertake any partisan political activity. Employees should not give the impression that their employer approves or disapproves of their political views or activities. Employees may not engage in fundraising activities at any time, whether on or off duty. |
| Penalties | Violations of restrictions on political activity may result in disciplinary action, up to and including removal from employment. |
| Exemptions | Presidentially appointed, Senate-confirmed personnel are subject to fewer restrictions due to their 24-hour duty status. Employees of the government relations department are exempt from restrictions on political activity. |
| Additional considerations | The definition of "political activity" and the specific restrictions on it may vary depending on the organization or jurisdiction. |
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What You'll Learn
Political activity restrictions for federal employees
The Hatch Act restricts federal employee involvement in partisan political activities. It prohibits employees from engaging in political activities while on duty or in a government office and applies to all online activities, including social media. Federal employees are prohibited from posting, blogging, retweeting, and liking partisan political content while on duty. While receiving a partisan political email while on duty is not a violation, forwarding or sharing it is. Employees may express personal opinions about candidates, elections, and political parties outside of the workplace, but they must be cautious about what they post on social media.
Federal employees are also prohibited from engaging in partisan political activity while in a government room or building, wearing a government uniform, badge, or insignia, or using a government-owned or leased vehicle. These restrictions apply even when using a personal device or email account. Employees may not use their official authority or influence to interfere with or affect the result of an election, including using their official title while participating in political activity or coercing anyone to participate. Fundraising is prohibited 24/7, regardless of the technology used.
Presidentially appointed, Senate-confirmed personnel (PAS) are subject to special Hatch Act rules due to their 24-hour duty status. They are less restricted in terms of where and when they can engage in political activity but may only do so in a personal capacity. PAS officials should consult the Departmental Ethics Office before engaging in partisan political activity.
It is important to note that ignorance of the law or reliance on incorrect information is not an excuse for violating the Hatch Act. Violations may result in disciplinary action, up to and including removal from federal employment. Federal employees should consult the Office of Special Counsel (OSC) website and their departmental ethics office for guidance on political activity and social media usage.
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Political activity restrictions for university employees
Political activity refers to activities undertaken in active support of or opposition to a political party, a candidate for partisan political office, or a partisan political group. For university employees, there are several restrictions on their political activities, which vary depending on the country and institution. Here are some general guidelines and examples:
Restrictions on University Resources and Endorsements: University employees are generally prohibited from using university resources, such as facilities, services, personnel, email accounts, vehicles, or publications, for political purposes. This includes both explicit and implicit endorsements of political candidates or parties. University employees should also refrain from using their university titles, positions, or affiliations to suggest institutional endorsement of their political activities.
Restrictions on Fundraising and Soliciting Contributions: University employees are typically restricted from fundraising for political candidates or parties using university resources. Additionally, they may be prohibited from soliciting contributions or donations for political purposes, whether through personal or university channels.
Restrictions on Participation During Work Hours: University employees are often restricted from participating in certain political activities during normal business or work hours. This may include writing letters, signing statements, or engaging in political activities that suggest university endorsement of a cause or candidate. However, this does not restrict them from expressing their personal opinions or participating in political activities as private individuals outside of work hours.
Compliance with Laws and University Guidelines: University employees must comply with federal, state, and local laws regarding political activities. For example, in the United States, the Hatch Act restricts federal employee involvement in partisan political activities, including posting partisan content on social media while on duty. University employees should refer to their specific institution's guidelines to understand the detailed restrictions and requirements pertaining to their political activities.
Disclosure and Transparency: University employees are generally expected to maintain transparency and disclose any potential conflicts of interest arising from their political activities. This may include avoiding the appearance of university affiliation or endorsement and refraining from using university resources in a way that could be perceived as promoting a political agenda.
It is important to note that the specific restrictions on university employees' political activities may vary depending on the country, state, and individual university policies. University employees should refer to their institution's guidelines and seek clarification from relevant departments or legal counsel when necessary.
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Political activity restrictions for state employees
Political activity refers to doing something in active support of or opposition to a political party, a candidate for partisan political office, or a partisan political group. The Hatch Act restricts Federal employee involvement in partisan political activity, and these restrictions apply only to federal employees. State employees are therefore not subject to the same restrictions as federal employees and can participate in certain partisan political activity, although only in a personal capacity.
State employees are prohibited from using their official authority or influence to interfere with or affect the result of an election. They cannot use their official title while participating in political activity, or use their authority to coerce anyone to participate in political activity. State employees may not engage in partisan political activity while on duty, in a government room or building, wearing a government uniform, badge, or insignia, or using a government-owned or leased vehicle. This includes when they are telecommuting or on official time for union duties.
State employees are also restricted from displaying partisan political materials in a way that makes their vehicle appear to be a campaign mobile. If a private vehicle with partisan political bumper stickers is used for official duties, the stickers must be covered. Additionally, state employees should not rely on the opinions of friends or co-workers regarding specific political activities, as ignorance of the law is not an excuse for violating the relevant restrictions.
While off duty, state employees may advocate for or against a political party or candidate on social media or through other online activities, as long as they do not solicit contributions. Fundraising is prohibited at all times, regardless of duty status or the technology used. State employees should consult their component's ethics official or Bureau Procurement Chief/General Counsel for guidance on specific political activities and restrictions.
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Political activity restrictions for contractor personnel
Political activity refers to doing something in active support of or opposition to a political party, a candidate for partisan political office, or a partisan political group. The Hatch Act restricts federal employee involvement in partisan political activity, including while off duty and when using social media. However, these restrictions generally do not apply to contractor personnel.
Contractor personnel are generally not subject to the same political activity restrictions as federal employees under the Hatch Act. However, there are still some restrictions and guidelines that they must follow:
- Contractor personnel should not engage in partisan political activity while on duty, in a government or federal room or building, or while wearing a uniform or official insignia. This includes expressing opinions about candidates and issues if the expression is directed at the success or failure of a political party, candidate, or partisan political group.
- Contractor personnel are allowed to display partisan political bumper stickers on their privately-owned vehicles and park them in a federal or government-owned parking lot. However, they must cover the bumper stickers if they use their vehicles for official duties.
- Contractor personnel may put up signs on their lawns, residences, and other similar personal circumstances.
- Contractor personnel should not use their official authority or influence to interfere with or affect the result of an election. This includes using their official title while participating in political activity or coercing anyone to participate in political activity.
- Contractor personnel should not solicit, accept, or receive political contributions at any time, especially from subordinates or individuals with business pending before their office.
It is important to note that contractor personnel should consult their component's Bureau Procurement Chief or General Counsel for specific guidance on political activities, as there may be additional restrictions or variations depending on the organization and role.
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Political activity restrictions in the workplace
Political activity refers to actions taken in active support of or opposition to a political party, a candidate for partisan political office, or a partisan political group. Examples include campaigning for or against a candidate, making campaign speeches, distributing campaign literature, and volunteering to work on a partisan political campaign.
In the United States, the Hatch Act prohibits federal employees from engaging in certain partisan political activities while on duty, in government offices or buildings, wearing government uniforms, or using government-owned vehicles or equipment. This includes posting, blogging, retweeting, and liking partisan political content on social media while on duty. However, employees may express their personal political opinions outside the workplace and on their personal devices, as long as they do not use their official titles or influence to affect election results.
Private-sector employers have broader rights to restrict political activity during work hours to ensure a productive and respectful workplace. They can discipline or terminate employees for their political speech or activity, as long as it is not a form of voter intimidation or coercion. However, some states, like New York and Colorado, have laws that protect employees from discrimination based on their political activities.
To navigate these complexities, employers should adopt clear and consistent workplace policies, remind employees of anti-discrimination and harassment policies, and train managers on lawful rules related to political activity. Employees, especially federal employees, should be aware of the restrictions and exceptions imposed by laws like the Hatch Act to ensure they do not inadvertently violate any rules.
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Frequently asked questions
Political activity refers to any action taken in active support of or opposition to a political party, candidate for partisan political office, or partisan political group.
Examples of political activity include joining and being an active member of political clubs or parties, campaigning for or against candidates in partisan elections, making campaign speeches, distributing campaign literature, and expressing opinions about candidates and issues.
Yes, there are restrictions on political activity, particularly for federal employees and those working in universities or government offices. For example, employees may not engage in political activities while on duty, in a government office, or using government resources.
If someone engages in prohibited political activity, they may face disciplinary action, up to and including removal from their position. There may also be legal consequences, depending on the specific circumstances and local laws.
