Hatch Act for Federal Employees

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The Hatch Act restricts the political = activity of=20 executive branch employees of the federal government, = District=20 of Columbia government and some state and = local=20 employees who work in connection with federally = funded=20 programs. In 1993, Congress passed legislation = that=20 significantly amended the Hatch Act as it applies to = federal=20 and D.C. employees (5 U.S.C. =A7=A7 7321-7326). = (These=20 amendments did not change the provisions that apply to = state=20 and local employees. 5 U.S.C. =A7=A7 1501- 1508.) Under = the=20 amendments most federal and D.C. employees are now = permitted=20 to take an active part in political management and = political=20 campaigns. A = small group of=20 federal employees are subject to greater = restrictions and=20 continue to be prohibited from engaging in partisan = political=20 management and partisan political = campaigns.

OSC=20 has developed a number of booklets, posters=20 and fact sheets that explain the application of = the Hatch=20 Act. Copies of the booklets and posters can be = ordered=20 from the Government Printing = Office. The=20 fact sheet may be downloaded or emailed directly from = the OSC=20 website. Additionally, OSC has created a = PowerPoint=20 presentation - "Political=20 Activity and the Federal Employee" - which covers = the=20 rules and regulations of the Hatch Act. =20

Federal employees should also be aware that certain = political activities may also be criminal offenses = under title=20 18 of the U.S. Code. See 18 = U.S.C. =A7=A7=20 210, 211, 594, 595, 600, 601, 602, 603, 604, 605, 606, 607, 610.

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Permitted/Prohibited = Activities=20 for Employees Who May Participate in Partisan = Political=20 Activity

These federal and D.C. employees = may-

be candidates for public office in nonpartisan=20 elections =20
register and vote as they choose=20
assist in voter registration drives=20
express opinions about candidates and issues=20
contribute money to political organizations=20
attend political fundraising functions=20
attend and be active at political rallies and = meetings=20
join and be an active member of a political = party or=20 club=20
sign nominating petitions=20
campaign for or against referendum questions,=20 constitutional amendments, municipal ordinances=20
campaign for or against candidates in partisan = elections=20
make campaign speeches for candidates in = partisan=20 elections=20
distribute campaign literature in partisan = elections=20
hold office in political clubs or parties =

These federal and D.C. employees = may=20 not-

use official authority or influence to interfere = with an=20 election=20
solicit or discourage political activity of = anyone with=20 business before their agency=20
solicit or receive political contributions (may = be done=20 in certain limited situations by federal labor or = other=20 employee organizations)=20
be candidates for public office in partisan = elections=20
engage in political activity while:=20
- on duty=20
- in a government office =20
- wearing an official uniform=20
- using a government vehicle
wear partisan political buttons on duty =

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Agencies/Employees=20 Prohibited From Engaging in Partisan Political=20 Activity

Employees of the following agencies (or agency = components),=20 or in the following categories, are subject to more = extensive=20 restrictions on their political activities than = employees in=20 other Departments and agencies:

Administrative Law Judges (positions described at = 5 U.S.C. ?5372)
Central = Imagery Office=20
Central Intelligence Agency
Contract Appeals = Boards=20 (positions described at 5 U.S.C. ?5372a)
Criminal = Division=20 (Department of Justice)
Defense Intelligence = Agency=20
Federal Bureau of Investigation
Federal = Elections=20 Commission
Merit Systems Protection Board =
National=20 Security Agency
National Security Council =
Office of=20 Criminal Investigation (Internal Revenue Service) =
Office=20 of Investigative Programs (Customs Service) =
Office of=20 Law Enforcement (Bureau of Alcohol, Tobacco and = Firearms)=20
Office of Special Counsel
Secret Service =
Senior=20 Executive Service (career positions described at 5 U.S.C. ? = 3132(a)(4))

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Permitted/Prohibited=20 Activities for Employees Who May Not Participate in = Partisan=20 Political Activity

These federal employees may-=20

register and vote as they choose=20
assist in voter registration drives=20
express opinions about candidates and issues=20
participate in campaigns where none of the = candidates=20 represent a political party=20
contribute money to political organizations or = attend=20 political fund raising functions=20
attend political rallies and meetings=20
join political clubs or parties=20
sign nominating petitions=20
campaign for or against referendum questions,=20 constitutional amendments, municipal ordinances=20

These federal employees may=20 not-=20

be candidates for public office in partisan = elections=20
campaign for or against a candidate or slate of=20 candidates in partisan elections=20
make campaign speeches=20
collect contributions or sell tickets to = political fund=20 raising functions=20
distribute campaign material in partisan = elections=20
organize or manage political rallies or meetings =
hold office in political clubs or parties=20
circulate nominating petitions=20
work to register voters for one party only=20
wear political buttons at work

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Hatch Act=20 Regulations

Date	Title	Format
1/1/01	Political=20 Activity - Federal Employees Residing in = Designated=20 Localities [5CFR733]
1/1/01	Political = Activities of=20 Federal Employees [5CFR734]

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Penalties for = Violating=20 the Hatch Act

An employee who violates the Hatch Act shall be = removed=20 from their position, and funds appropriated for the = position=20 from which removed thereafter may not be used to pay = the=20 employee or individual. However, if the Merit Systems=20 Protection Board finds by unanimous vote that the = violation=20 does not warrant removal, a penalty of not less than = 30 days'=20 suspension without pay shall be imposed by direction = of the=20 Board.

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Advisories for = Federal=20 Employees

Date	Title	Format
3/12/09	Employees of=20 Fanny Mae and Freddy Mac are not covered by the = Hatch=20 Act
12/12/08	Supplemental=20 Advisory Opinion about Wearing or Displaying=20 Presidential Campaign Items after the = Election
11/5/08	Wearing or=20 Displaying Presidential Candidate items after = the=20 Election
11/3/08	Example of=20 E-mail that Constitutes Prohibited Political = Activity
10/31/08	Miscellaneous=20 (e.g., bumper stickers, candidate photographs, = social=20 networks, agency news clips, use of official = title)
10/30/08	Employees of=20 the National Disaster Medical System, Disaster = Mortuary=20 Operation Response Team (DMORT)
10/30/08	Fundraising=20 for an organization that has a Political Action=20 Committee
10/30/08	Canvassing=20 residents of Government Housing Units
10/30/08	Candidacy in a=20 nonpartisan election and fundraising for such=20 candidacy
10/30/08	DC = Board of=20 Zoning Adjustment and Hatch Act coverage
2007	Federal=20 employee on a temporary work assignment to an = elected=20 official=92s office is still covered by the = Hatch=20 Act.
2007	Wearing an=20 official uniform while driving a personal = vehicle with a=20 political bumper sticker
2007	Soliciting=20 funds to pay for party membership fees
2007	Employees of=20 Amtrak
2007	Contacting=20 Members of Congress
2006	Voter=20 Registration Drives
2006	Voter=20 Registration Drives
2006	Stafford Act=20 Employees
2006	Running or=20 serving as chair of a partisan organization
2006	Petitions for=20 Ballot Initiatives
2006	Serving as=20 election officials
2006	Americorps=20 Vista Volunteers
2006	Posting=20 Candidates=92 Positions on Issues in a Federal = Building
2006	Establishing=20 or Holding Office Within a PAC
8/9/04	Candidate=20 Visits to Federal Agencies
5/3/04	D.C. Employee=20 Serving as an Officer of a Campaign Committee =
4/30/04	Federal=20 Reserve Bank Board of Directors Not Covered =
5/25/04	Voter=20 Registration Drives in the Workplace(2)
4/14/04	Voter=20 Registration Drives in the Workplace
3/18/03	Wearing=20 Antiwar or Nonpartisan Buttons in the Workplace =
6/04/02	Running for=20 Political Party Office
4/30/02	Appointment to=20 Public Office
4/30/02	Candidacy in a=20 Non Partisan Election
1/18/02	Designated=20 Localities and Independent = Candidacy Transforms to=20 a Partisan Candidacy
1/16/02	Non-Partisan=20 Election Transformed to Partisan Election =
6/27/01	Temporary,=20 Part-Time and Emergency Employees
4/23/01	Write-In=20 Candidacy
2/14/01	Retirement of=20 campaign debt
1/10/01	When does=20 candidacy begin (2)
7/19/00	Irregularly=20 Scheduled Employee Running for Public = Office
2/25/00	Reimbursement=20 of de minimis expenses for PAS employees
2/11/00	Serving as an=20 officer for an organization that has a PAC
3/19/99	When does=20 candidacy begin
12/30/98	Elected=20 official accepting federal employment
5/20/98	Candidacy in a=20 partisan election
3/2/98	Working for a=20 partisan campaign
12/17/97	Nonappropriated fund = employees
11/25/97	Candidacy for=20 regularly scheduled employees
11/25/97	Displaying=20 political signs in federal housing
11/18/97	Serving as a=20 treasurer of a campaign
10/16/97	Restricted = employee=20 becoming a member of a partisan political = group
3/28/97	Receipt of=20 political material at work
10/16/96	Solicitation=20 of services from subordinate employees
7/8/96	Salary=20 allotments
5/8/96	Taking a leave=20 of absence to work on a campaign
3/20/96	Restricted=20 employee working on a campaign
2/13/96	Testing the=20 waters
2/9/96	Serving as a=20 delegate to a party convention

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Frequently = Asked Questions=20 and Answers For Employees Who May Engage in Partisan = Political=20 Activity

Listed below are answers to some of the most = frequently=20 asked questions received by OSC about political = activity by=20 federal employees.

Question: Can I = make a=20 contribution to the campaign of a partisan candidate, = or to a=20 political party or organization?
Answer: Yes. A federal = employee may=20 contribute to the campaign of a partisan candidate, or = to a=20 political party or organization.

Question: If I = have a=20 bumper sticker on my personal car, am I allowed to = park the=20 car in a government lot or garage, or in a private = lot/garage=20 if the government subsidizes my parking=20 fees?
Answer:=20 Yes. An employee is allowed to park his or her = privately owned=20 vehicle with bumper sticker in a government lot or = garage. An=20 employee may also park the car with a bumper sticker = in a=20 private lot or garage for which the employee receives = a=20 subsidy from his or her agency.

Question: Can I = help=20 organize a political fundraiser?
Answer: An employee is = allowed to=20 organize a fundraiser, including supplying names for = the=20 invitation list, as long as he or she does not = personally=20 solicit, accept, or receive contributions.

Question: Can my = name=20 appear on invitations to a political fundraiser as a = sponsor=20 or point of contact?
Answer: No. An employee's = name may=20 not be shown on an invitation to such a fundraiser as = a=20 sponsor or point of contact.

Question: Can I = speak at a=20 political fundraiser?
Answer: An employee is = allowed to=20 give a speech or keynote address at a political = fundraiser, as=20 long as he or she is not on duty, and does not solicit = political contributions.

Question: If I'm = going to=20 speak at a political fundraiser, what information = about me can=20 be printed on the invitations?
Answer: An employee's = name can be=20 shown as a guest speaker. However, the reference = should not in=20 any way suggest that the employee solicits or = encourages=20 contributions. Invitations to the fundraiser may not = include=20 the employee's official title; although an employee = who is=20 ordinarily addressed with a general term of address = such as=20 "The Honorable" may use, or permit the use of, that = term of=20 address on the invitation.

Question: Can I = attend a=20 state or national party convention? If so, in what=20 capacity?
Answer: Yes. A federal = employee may=20 serve as a delegate, alternate, or proxy to a state or = national party convention.

Question: If I = run as a=20 candidate for public office in a nonpartisan election, = does=20 the Hatch Act allow me to ask for and accept political = contributions?
Answer: An employee who = is a=20 candidate for public office in a nonpartisan election = is not=20 barred by the Hatch Act from soliciting, accepting, or = receiving political contributions for his or her own=20 campaign.

Question: May I = distribute=20 brochures for a political party to people arriving at = a=20 polling place on Election Day?
Answer: Yes. An employee = may stand=20 outside a polling place on Election Day and hand out = brochures=20 on behalf of a partisan political candidate or = political=20 party.

Answers to other questions about allowable = political=20 activity by federal employees can also be found in = Hatch Act=20 regulations in title 5 of the Code of Federal = Regulations.=20 Questions not answered above, or in the regulations, = can be=20 submitted to OSC for an advisory=20 opinion.

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