Omar Bennett
The Hatch Act prohibits federal employees from engaging in partisan political activities, including political campaigns. The Act distinguishes between less restricted and further restricted employees, with the latter facing stricter rules prohibiting active participation in political management or partisan political campaigns, even when off-duty. Additionally, the Bipartisan Campaign Reform Act of 2002, which amended the Federal Election Campaign Act, imposed limits on campaign expenditures for broadcast media, newspaper advertisements, and telephone calls. It also addressed the use of contributed amounts and fundraising costs for federal election activities.
| Characteristics | Values |
|---|---|
| Name of the Act | Hatch Act |
| Year | 1939 |
| Prohibitions | Using any public funds designated for relief or public works for electoral purposes |
| Using official authority or influence to interfere with or affect the result of an election | |
| Using official title while participating in political activity | |
| Using authority to coerce any person to participate in political activity | |
| Soliciting, accepting, or receiving uncompensated individual volunteer services from a subordinate for any political purpose | |
| Seeking public office in partisan elections | |
| Soliciting or receiving political contributions | |
| Engaging in political activities while on duty or on federal property | |
| Displaying pictures of candidates in the federal workplace | |
| Displaying partisan political materials on a personal vehicle used for official purposes | |
| Running for office in a partisan election | |
| Engaging in partisan political activities while off-duty (for "further restricted" employees) |
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What You'll Learn
- The Hatch Act prohibits federal employees from engaging in partisan political activities while on duty
- Federal employees are categorised as less restricted or further restricted and are subject to different rules
- The Federal Election Campaign Act regulates campaign fundraising and spending
- The Bipartisan Campaign Reform Act of 2002 banned soft money expenditure by parties
- The Political Broadcast Act of 1970 was vetoed by President Nixon for not sufficiently limiting campaign expenditures
The Hatch Act prohibits federal employees from engaging in partisan political activities while on duty
While off duty, federal employees can engage in political activities such as campaigning for or against candidates or issues, distributing campaign literature, making campaign speeches, and attending political rallies. They can also be active members of a political party or club. However, they may not use government equipment, including the internet, to engage in partisan political activities, and they must be cautious when expressing their opinions on social media, ensuring that their postings do not link their political commentary with their official title or position.
There are two main groups of employees under the Hatch Act: "less restricted" employees and "further restricted" employees. Most career employees in the executive branch are considered "less restricted" and can actively participate in political management or partisan political campaigns while off duty, outside a federal facility, and not using federal property. "Further restricted" employees are held to stricter rules and may not participate in political management or partisan political campaigns, even when off duty. This group includes career Senior Executive Service (SES) employees, administrative law judges, administrative appeals judges, and certain intelligence or enforcement employees.
Violations of the Hatch Act can result in disciplinary action, including removal from federal employment. Federal employees should consult with their departmental ethics office before engaging in any partisan political activity to ensure they are adhering to the restrictions outlined in the Hatch Act.
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Federal employees are categorised as less restricted or further restricted and are subject to different rules
Federal employees are subject to different rules regarding their involvement in political campaigns and activities. These rules are outlined in the Hatch Act, which restricts Federal employees' participation in partisan political activities. The Act applies to all Federal employees, with specific restrictions for those in further restricted roles.
Less Restricted Employees
Less restricted employees, including most career employees in the executive branch, are permitted to participate in political management or partisan political campaigns during their off-duty hours. They must ensure that these activities take place outside of federal facilities and without the use of federal property. This category includes all civilian FDA employees.
Further Restricted Employees
Further restricted employees are subject to stricter rules that prohibit active participation in political management or partisan political campaigns, even during their off-duty hours. These employees are limited to basic civic participation activities, such as voting, making political contributions, and expressing individual opinions. This category includes Public Health Service Commissioned Corps (PHSCC) officers, Administrative Law Judges (ALJs), and Career Senior Executive Service (SES) employees. Additionally, certain Department of Justice employees are further restricted, including those in the Criminal Division, the Federal Bureau of Investigation (FBI), and the National Security Division.
Prohibited Activities for All Federal Employees
Regardless of their categorization, all Federal employees must abide by specific prohibitions outlined in the Hatch Act. They may not use their official authority or influence to interfere with election results. This includes using official titles while participating in political activities, coercing others to participate, or soliciting uncompensated volunteer services from subordinates for political purposes. Fundraising and soliciting political contributions are also prohibited, including through email, social media, or phone calls. While employees may express their opinions about candidates and issues, they must not engage in partisan political activity directed at the success or failure of a political party or candidate while on duty or in the workplace.
Social Media and Email Usage
The use of social media and email for partisan political purposes is restricted for all Federal employees. They may not use any email account or social media platform to distribute, send, or forward content that advocates for or against a political party, candidate, or group. This restriction applies at all times, and further restricted employees may not post links to websites created by political entities. However, employees are permitted to follow political accounts on Twitter as long as their list of followers and friends is hidden.
Display of Partisan Materials
The display of partisan political materials is regulated for Federal employees. They may display bumper stickers on their personal vehicles parked in federal parking lots. However, if the vehicle is used for official business, the bumper stickers must be covered during those times. In the workplace, displaying pictures of candidates for partisan political office is generally barred by the Hatch Act. This includes the President if they are running for re-election. Exceptions are made for the official portrait of the President displayed traditionally and official photos of the President at government events.
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The Federal Election Campaign Act regulates campaign fundraising and spending
The Federal Election Campaign Act (FECA) of 1971 is the primary federal law in the US that regulates political campaign fundraising and spending. The law was enacted on February 7, 1972, and signed into law by President Richard Nixon.
The FECA was introduced to limit campaign spending on communication media, impose additional penalties for election law violations, and enforce disclosure requirements for federal political campaigns. It also established contribution limits for individuals and groups, outlining the maximum amount of money that can be donated to a candidate running for federal office.
The Act requires candidates for federal office to disclose expenditures and contributions over a certain amount, as well as the structure and membership of their political committees if certain financial thresholds are crossed. It also outlaws contributions made in another person's name and prohibits candidates from offering rewards or gifts in exchange for donations.
FECA has undergone several amendments since its enactment. In 1974, it was amended to create the Federal Election Commission (FEC), further regulating campaign spending and imposing limits on contributions and expenditures. The FEC is responsible for enforcing the laws specified under FECA, including setting contribution limits and overseeing public funding in presidential elections.
The FECA has continued to evolve, with amendments in 1976 and 1979, to address various issues and loopholes. These changes have included responses to court rulings, such as the United States Supreme Court's decision in Buckley v. Valeo, which deemed campaign spending limits unconstitutional.
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The Bipartisan Campaign Reform Act of 2002 banned soft money expenditure by parties
The Bipartisan Campaign Reform Act of 2002, commonly known as the McCain-Feingold Act, is a federal law that amended the Federal Election Campaign Act of 1971. The Act was designed to address two key issues: the increased role of soft money in campaign financing and the proliferation of issue advocacy ads. Soft money refers to funds that are not regulated by campaign finance law and can include large contributions from prohibited sources, which are used to indirectly support elections through "party-building" activities.
The Bipartisan Campaign Reform Act banned soft money expenditure by national political party committees, prohibiting them from raising or spending any funds not subject to federal limits, even for state and local races or issue discussions. This included prohibiting the solicitation of soft money contributions in federal elections and the use of soft money for federal election activities by state, district, and local political parties. The Act also barred corporations and unions from using their treasury funds to finance issue advertisements, sometimes called electioneering communications.
The legislation was challenged as unconstitutional by a group of plaintiffs led by then-Senate Majority Whip Mitch McConnell, a long-time opponent of the bill. However, in December 2003, the Supreme Court upheld most of the legislation. The decision in Citizens United v. FEC later overturned some provisions of the Act, specifically those related to corporations and unions, by striking down the ban on the broadcast of "electioneering communications" paid for by corporations.
The Bipartisan Campaign Reform Act of 2002 was a significant piece of legislation aimed at regulating the financing of political campaigns and addressing the influence of soft money and issue advocacy ads. While it faced legal challenges, the Act ultimately had a lasting impact on campaign finance law in the United States.
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The Political Broadcast Act of 1970 was vetoed by President Nixon for not sufficiently limiting campaign expenditures
In 1970, President Nixon vetoed the Political Broadcast Act of 1970, a bill that aimed to establish laws regulating campaign spending on television and radio. President Nixon claimed that the Act did not sufficiently limit campaign expenditures, stating that it "plugged only one hole in a sieve". The bill was intended to regulate election spending, but despite having the numbers to override the veto, Senate Democrats did not pass the law without the President's signature.
Following this, Senator Mike Mansfield introduced the Federal Election Campaign Act (FECA) to the Senate on January 26, 1971. The Act aimed to regulate political campaign fundraising and spending, creating limits for campaign spending on communication media, imposing additional penalties for election law violations, and enforcing disclosure requirements for federal political campaigns. The Act limited campaign expenditures for broadcast media, newspaper advertisements, and telephone calls to an adjusted $0.10 per voter in the district. It also restricted campaigns' spending on broadcast media to 60% of their total campaign spending limitation.
The Act was passed in the House on November 30, 1971, and, following amendments, was signed into law by President Nixon on February 7, 1972. The FECA was amended in 1974 to create the Federal Election Commission (FEC), an independent agency to enforce the law, facilitate disclosure, and administer the public funding program. The 1974 amendments also set limits on contributions by individuals, political parties, and PACs.
The FECA was amended again in 1976, in response to the Supreme Court ruling in Buckley v. Valeo, which struck down several key provisions of the 1974 amendments, including limits on spending by candidate campaigns, limits on independent citizen spending, and limits on the amount a candidate could donate to their own campaign.
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Frequently asked questions
The Hatch Act of 1939 is a United States federal law that prohibits civil-service employees in the executive branch of the federal government, except the president and vice president, from engaging in some forms of political activity.
The Hatch Act prohibits the intimidation or bribery of voters and restricts political campaign activities by federal employees. It prohibits using any public funds designated for relief or public works for electoral purposes. It also forbids officials paid with federal funds from using promises of jobs, promotion, financial assistance, contracts, or any other benefit to coerce campaign contributions or political support.
Violation of the Hatch Act may result in disciplinary action, including removal from federal employment.
