A Guide to the Hatch Act for Federal Employees

Hatch Act Hotline: (202) 254-3650 or

(800) 854-2824

Hatch Act Fax: (202) 254-3700

E-mail: [email protected]

Website: www.osc.gov

U.S. Office of Special Counsel

1730 M Street, NW

Suite 218

Washington, DC 20036

A Guide to the

Hatch Act for

Federal Employees

In addition to the prohibitions discussed

herein, federal employees in the following

agencies, divisions, or positions are “further-

restricted” under the Hatch Act and cannot

take an active part in political management or

political campaigns (i.e., engage in political

activity in concert with a political party,

candidate for partisan political office, or

partisan political group):

 Election Assistance Commission

 Federal Election Commission

 Office of the Director of National Intelligence

 Central Intelligence Agency

 Defense Intelligence Agency

 National Geospatial Intelligence Agency

 National Security Agency

 National Security Council

 National Security Division (DOJ)

 Criminal Division (DOJ)

 Federal Bureau of Investigation

 Secret Service

 Office of Criminal Investigation (IRS)

 Office of Investigative Programs (Customs)

 Office of Law Enforcement (ATF)

 Merit Systems Protection Board

 U.S. Office of Special Counsel

 Career members of the Senior Executive Service

 Administrative law judges, administrative appeals

judges, and contract appeals board members.

For further examples, sample advisory opinions, and

frequently asked questions, please visit our website at

www.osc.gov.

U.S. OFFICE OF SPECIAL COUNSEL

Who We Are…

The U.S. Office of Special Counsel (OSC) is an

independent federal investigative and prosecutorial

agency. Our basic authorities come from four federal

statutes: the Civil Service Reform Act, the

Whistleblower Protection Act, the Hatch Act, and

the Uniformed Services Employment &

Reemployment Rights Act (USERRA).

OSC promotes compliance with the Hatch Act by

providing advisory opinions about the law. Every year,

OSC’s Hatch Act Unit provides over a thousand

advisory opinions, enabling individuals to determine

whether their contemplated political activities are

permitted under the Act. The Hatch Act Unit also

enforces compliance with the Act by investigating

alleged Hatch Act violations. Depending on the

nature and severity of the violation, OSC may seek

disciplinary action against an employee. OSC

prosecutes Hatch Act violations before the Merit

Systems Protection Board.

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September 2014

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The Hatch Act generally applies to employees

working in the executive branch of the federal

government. The purpose of the Act is to maintain

a federal workforce that is free from partisan

political influence or coercion.

________________________

A Covered Employee:

 May not be a candidate for nomination or

election to public office in a partisan election.

 May not use his or her official authority or

influence to interfere with or affect the result of

an election. For example:

> May not use his or her official title or

position while engaged in political activity.

> May not invite subordinate employees to

political events or otherwise suggest to

sub ordinates that they attend political events

or undertake any partisan political activity.

 May not knowingly solicit or discourage the

participation in any political activity of anyone

who has business before their employing office.

 May not solicit, accept, or receive a donation

or contribution for a partisan political party,

candidate for partisan political office, or partisan

political group. For example:

> May not host a political fundraiser;

> May not invite others to a political

fundraiser;

> May not sell tickets to a political fundraiser;

 May not use any e-mail account or social

media to distribute, send, or forward content

that solicits political contributions.

Understanding How the Hatch Act Applies to You

 May not engage in political activity — i.e., activity

directed at the success or failure of a political party,

candidate for partisan political office, or partisan

political group — while the employee is on duty, in

any federal room or building, while wearing a

uniform or official insignia, or using any federally

owned or leased vehicle. For example:

> May not distribute campaign materials;

> May not display campaign materials or items;

> May not perform campaign related chores;

> May not wear or display partisan political

buttons, t-shirts, signs, or other items;

> May not make political contributions to a

partisan political party, candidate for partisan

political office, or partisan political group;

> May not post a comment to a blog or a social

media site that advocates for or against a partisan

political party, candidate for partisan political

office, or partisan political group;

> May not use any e-mail account or social media

to distribute, send, or forward content that

advocates for or against a partisan political party,

candidate for partisan political office, or partisan

political group.

_______________________

A Covered Employee:

 May be a candidate in a nonpartisan election.

 May register and vote as they choose.

 May assist in voter registration drives.

 May participate in nonpartisan campaigns.

 May contribute money to political campaigns,

political parties, or partisan political groups.

 May attend political fundraising functions.

 May attend political rallies and meetings.

 May join political clubs or parties.

 May campaign for or against referendum questions,

constitutional amendments, or municipal ordinances.

 May sign nominating petitions

 May circulate nominating petitions.*

 May campaign for or against candidates in partisan

elections.*

 May make campaign speeches for candidates in

partisan elections.*

 May distribute campaign literature in partisan

elections.*

 May volunteer to work on a partisan political

campaign.*

 May express opinions about candidates and issues. If

the expression is political activity, however — i.e.,

activi

ty direc

ted at the success or failure of a political

party, candidate for partisan political office, or partisan

political group — then the expression is not permit-

ted while the employee is on duty, in any federal

room or building, while wearing a uniform or official

insignia, or using any federally owned or leased

vehicle.

* Further restricted employees, as described herein, may

not engage in these activities.

_____________________

What Happens if I Violate the Hatch Act?

An employee who violates the Hatch Act is subject to a

range of disciplinary actions, including removal from

federal service, reduction in grade, debarment from

federal service for a period not to exceed 5 years,

suspension, letter of reprimand, or a civil penalty not to

exceed $1000.