Malcolm Rivera
The Hatch Act is a federal statute that restricts the political activities of federal employees. It prohibits employees from engaging in partisan political activity while on duty, in a federal facility, or using federal property. This includes not using official titles or authority when engaging in political activity, not soliciting or receiving contributions for partisan political candidates, and not engaging in political campaigns. State laws, such as RCW 42.52.180 in Washington, also prohibit the use of public resources for political campaigns and limit the political activities of state employees. These laws ensure that politics does not interfere with the day-to-day operations of government agencies and that public resources are not used to influence election results.
| Characteristics | Values |
|---|---|
| Name of the Act | Hatch Act |
| Applicability | All Federal employees |
| Prohibited activities | Using official authority or influence to affect the result of an election |
| Using official title while participating in political activity | |
| Soliciting, accepting, or receiving political contributions | |
| Using a government vehicle for political activity | |
| Wearing a uniform or official insignia during political activity | |
| Displaying political posters, screensavers, or candidate photographs in the workplace | |
| Using a government-owned email account for political activity | |
| Using a personal email account for political activity while on duty | |
| Using nonpublic information for political activity | |
| Displaying partisan political stickers on privately-owned vehicles parked in federal parking lots | |
| Using official legislative websites for campaign purposes | |
| Using public resources for campaign purposes | |
| Attending campaign rallies and other partisan political events |
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What You'll Learn
No use of official authority or influence
The Hatch Act is a federal law that restricts the involvement of federal employees in partisan political activities. The Act prohibits the use of official authority or influence by federal employees to interfere with or affect the outcome of an election. This includes the use of official titles or positions while engaged in political activity.
The restrictions on the use of official authority or influence apply to all federal employees, including those in the Department of Justice and other executive branch agencies. The Hatch Act also applies to presidentially appointed, Senate-confirmed personnel (PAS), who are subject to special rules due to their 24-hour duty status. While PAS officials have greater flexibility in terms of when and where they can engage in political activity, they are still prohibited from using their official authority or influence to affect election outcomes.
Prohibited activities for federal employees under the Hatch Act include:
- Using official titles or positions while participating in political activity: Employees are prohibited from using their official titles, positions, or any indication of their federal employment when engaging in political activity. This restriction applies regardless of whether the employee is on or off duty and extends to the use of official titles in social media profiles or blogs related to political activity.
- Coercing subordinates to participate in political activity: Federal employees are prohibited from using their authority to pressure or influence subordinates or colleagues to participate in political activities, regardless of their level of involvement. This includes inviting subordinates to political events or explicitly or implicitly suggesting their attendance or participation.
- Soliciting or receiving political contributions: Federal employees are prohibited from soliciting, accepting, or receiving political contributions or donations at any time. This restriction applies to both personal and official capacities and includes the acceptance of uncompensated volunteer services from subordinates for political purposes.
- Running for public office in partisan elections: Federal employees are generally prohibited from seeking public office in partisan elections. However, there may be exceptions in certain designated communities, such as the Washington D.C. suburbs, where employees may run as independent candidates.
It is important to note that the Hatch Act only applies to federal employees and does not generally extend to contractor personnel, who are governed by other authorities. Additionally, the Act allows for some limited personal use of government time and equipment for non-partisan political activities, provided there is negligible cost to the government and no interference with official business. However, partisan political activity in the workplace, including the use of government equipment and the internet for such activities, is strictly prohibited.
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No partisan political activity in the workplace
The Hatch Act places restrictions on the political activities of federal employees. It prohibits employees from engaging 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 the use of personal devices, email accounts, and social media to distribute or share content advocating for or against a partisan political party, candidate, or group. Employees are also prohibited from using their official titles or authority when engaging in political activity, soliciting or receiving contributions for partisan political causes, and engaging in political activity while on duty.
The Act applies to all federal employees, but there are different levels of restriction based on position. "Less restricted" employees, including most career employees in the executive branch, can participate in political management or partisan political campaigns while off-duty, outside federal property, and not using government equipment. "Further restricted" employees, including career Senior Executive Service (SES) employees, administrative law judges, criminal investigators, and certain political appointees, may not campaign for or against candidates or engage in political activity in concert with a partisan group. They are also prohibited from posting links to websites created by or leading to information created by a political party, candidate, or campaign.
It's important to note that federal employees retain the right to express personal opinions about candidates, elections, and political parties outside of the workplace and using their personal devices. However, they must be cautious when using social media and ensure that their postings do not link political commentary with their official titles or positions. Employees are advised to consult with the Departmental Ethics Office before engaging in any partisan political activity to ensure compliance with the Hatch Act.
Violations of the Hatch Act can result in disciplinary action, including removal from federal employment. It is crucial for federal employees to be aware of the restrictions imposed by the Act and to conduct themselves appropriately when engaging in political activities, ensuring that their actions do not interfere with their official duties and responsibilities.
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No use of government property for political campaigns
The Hatch Act, 5 U.S.C. 7323(a) and 7324(a), generally prohibits federal employees from engaging in partisan political activity while on duty, in a federal facility, or using federal property. This includes the use of official vehicles for campaigning or election-related travel, as well as the use of defence forces and their photographs for campaigning purposes.
Federal employees are also prohibited from using their official authority or influence to interfere with or affect the result of an election. This includes using official titles or positions to bolster statements posted on social media and using authority to coerce any person to participate in political activity.
While most federal employees are permitted to take an active part in partisan political management and campaigns, there are certain restrictions in place. For example, federal employees may not seek public office in partisan elections, use their official titles when engaging in political activity, or solicit or receive contributions for partisan political candidates or groups.
The Department of Justice (DOJ) has its own set of restrictions for its employees. Less restricted employees, including most career employees in the executive branch, can participate actively in political management or partisan political campaigns while off-duty, outside a federal facility, and not using federal property. "Further restricted" employees, including career Senior Executive Service (SES) employees, administrative law judges, and employees in the Criminal Division, are prohibited from campaigning for or against candidates or engaging in political activity in concert with a political party, candidate, or group.
It is important to note that the use of government property for political meetings and campaigning is regulated. While political parties and candidates are generally not allowed to use public places like maidans and helipads for holding public meetings, they may use playgrounds of schools, colleges, and other educational institutions with prior permission and under certain conditions.
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No use of official titles when engaging in political activity
The Hatch Act prohibits federal employees from using their official titles or authority when engaging in political activities. This means that employees may not use their official titles or positions while participating in any political activity, whether it be expressing opinions about candidates and issues, engaging in partisan political activity, or using government equipment or resources for political purposes.
The Justice Management Division provides guidelines for employees of the Department of Justice, outlining that employees must not use their official titles or positions while engaged in political activity. This includes refraining from using any federal property, such as federally-owned or leased vehicles, federal rooms or buildings, and official uniforms or insignia. Employees are also prohibited from inviting subordinates to political events or suggesting they attend partisan political activities.
The U.S. Department of Commerce provides similar guidelines for its employees, stating that they may contribute to campaigns, vote, and attend political rallies but must not engage in political activities while in government buildings or using government equipment, supplies, or services. They may display political buttons or signs, but only outside the office.
The U.S. Department of the Interior also follows the Hatch Act, with additional guidance from the Office of Special Counsel (OSC) regarding social media usage. They clarify that federal employees may not use their official titles or authority to interfere with or influence election results. This includes coercing others to participate in political activity or soliciting contributions from subordinates.
It is important for federal employees to understand the restrictions imposed by the Hatch Act to ensure compliance and avoid disciplinary action, which can include removal from federal employment. These guidelines help maintain the integrity of the political process and prevent the appearance of political bias in official government operations.
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No campaigning for or against candidates
The Hatch Act, 5 U.S.C. 7323(a) and 7324(a), generally prohibits Department of Justice employees from campaigning for or against political candidates while on duty, in a federal facility, using federal property, or wearing a uniform or official insignia. This includes using official titles when expressing support for or opposition to candidates, as well as soliciting, accepting, or receiving political contributions. These restrictions also apply to the use of social media and personal devices, where employees may not distribute or forward content advocating for or against a candidate.
Federal employees, including those from the Department of Justice, are categorized into "less restricted" and "further restricted" groups. "Less restricted" employees, including most career employees in the executive branch, can actively participate in political management or partisan political campaigns while off-duty, outside federal facilities, and not using federal property. "Further restricted" employees, including senior executives and judges, are prohibited from any campaigning for or against candidates and are limited to basic civic participation rights, such as voting.
The Hatch Act also applies to Presidentially-appointed, Senate-confirmed (PAS) personnel, who can engage in partisan political activity in a personal capacity but not in an official one. They are prohibited from using their official authority or influence to affect election results, including using their titles or coercing subordinates into political activity.
Outside of the Department of Justice, the Hatch Act restricts all Federal employees' involvement in partisan political activity. This includes employees from other departments, such as the FDA and the Department of the Interior, who must consult their departmental ethics offices before engaging in any partisan political activity.
In addition to restrictions on Federal employees, individuals and groups supporting or opposing candidates in federal elections must comply with campaign finance laws. These laws limit the sources and amounts of funds used in campaigns and require certain disclosures for communications coordinated with campaigns or candidates.
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Frequently asked questions
The Hatch Act is a federal statute that restricts federal employees' involvement in partisan political activity.
Federal employees are prohibited from engaging in partisan political activity while on duty, in a government building, wearing a government uniform or insignia, or using government property. They may not use their official titles or authority when engaging in political activity, nor may they solicit or receive contributions for partisan political candidates.
The Hatch Act applies to all federal employees, including those in the Department of Justice and the State Department. There are, however, different levels of restriction depending on the position.
Violating the Hatch Act can result in disciplinary action, including removal from federal employment.
