A Guide to the Hatch Act for Federal Employees
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U.S. OFFICE OF SPECIAL COUNSEL In addition to the prohibitions discussed Who We Are… herein, federal employees in the following agencies, divisions, or positions are “further- The U.S. Office of Special Counsel (OSC) is an restricted” under the Hatch Act and cannot independent federal investigative and prosecutorial take an active part in political management or agency. Our basic authorities come from four federal political campaigns (i.e., engage in political statutes: the Civil Service Reform Act, the activity in concert with a political party, Whistleblower Protection Act, the Hatch Act, and candidate for partisan political office, or the Uniformed Services Employment & partisan political group): Reemployment Rights Act (USERRA). Election Assistance Commission OSC promotes compliance with the Hatch Act by Federal Election Commission providing advisory opinions about the law. Every year, Office of the Director of National Intelligence OSC’s Hatch Act Unit provides over a thousand Central Intelligence Agency advisory opinions, enabling individuals to determine Defense Intelligence Agency whether their contemplated political activities are National Geospatial Intelligence Agency permitted under the Act. The Hatch Act Unit also National Security Agency enforces compliance with the Act by investigating National Security Council alleged Hatch Act violations. Depending on the nature and severity of the violation, OSC may seek National Security Division (DOJ) disciplinary action against an employee. OSC Criminal Division (DOJ) A Guide to the prosecutes Hatch Act violations before the Merit Federal Bureau of Investigation Systems Protection Board. Secret Service Hatch Act for Office of Criminal Investigation (IRS) Contact Us: Office of Investigative Programs (Customs) Federal Employees Office of Law Enforcement (ATF) U.S. Office of Special Counsel 1730 M Street, NW Merit Systems Protection Board Suite 218 U.S. Office of Special Counsel Washington, DC 20036 Career members of the Senior Executive Service Administrative law judges, administrative appeals Hatch Act Hotline: (202) 254-3650 or judges, and contract appeals board members. (800) 854-2824 Hatch Act Fax: (202) 254-3700 E-mail: [email protected] For further examples, sample advisory opinions, and frequently asked questions, please visit our website at Website: www.osc.gov September 2014 www.osc.gov. Understanding How the Hatch Act Applies to You May not engage in political activity — i.e., activity May campaign for or against referendum questions, The Hatch Act generally applies to employees directed at the success or failure of a political party, constitutional amendments, or municipal ordinances. working in the executive branch of the federal candidate for partisan political office, or partisan May sign nominating petitions government. The purpose of the Act is to maintain political group — while the employee is on duty, in May circulate nominating petitions.* a federal workforce that is free from partisan any federal room or building, while wearing a May campaign for or against candidates in partisan political influence or coercion. uniform or official insignia, or using any federally owned or leased vehicle. For example: elections.* ________________________ > May not distribute campaign materials; May make campaign speeches for candidates in > May not display campaign materials or items; partisan elections.* A Covered Employee: May distribute campaign literature in partisan > May not perform campaign related chores; elections.* May not be a candidate for nomination or > May not wear or display partisan political election to public office in a partisan election. buttons, t-shirts, signs, or other items; May volunteer to work on a partisan political May not use his or her official authority or > May not make political contributions to a campaign.* influence to interfere with or affect the result of partisan political party, candidate for partisan May express opinions about candidates and issues. If an election. For example: political office, or partisan political group; the expression is political activity, however — i.e., > May not use his or her official title or > May not post a comment to a blog or a social activity directed at the success or failure of a political position while engaged in political activity. media site that advocates for or against a partisan party, candidate for partisan political office, or partisan > May not invite subordinate employees to political party, candidate for partisan political political group — then the expression is not permit- political events or otherwise suggest to office, or partisan political group; ted while the employee is on duty, in any federal sub ordinates that they attend political events > May not use any e-mail account or social media room or building, while wearing a uniform or official or undertake any partisan political activity. to distribute, send, or forward content that insignia, or using any federally owned or leased May not knowingly solicit or discourage the advocates for or against a partisan political party, vehicle. participation in any political activity of anyone candidate for partisan political office, or partisan who has business before their employing office. political group. * Further restricted employees, as described herein, may May not solicit, accept, or receive a donation _______________________ not engage in these activities. or contribution for a partisan political party, candidate for partisan political office, or partisan _____________________ A Covered Employee: political group. For example: > May not host a political fundraiser; May be a candidate in a nonpartisan election. What Happens if I Violate the Hatch Act? > May not invite others to a political May register and vote as they choose. An employee who violates the Hatch Act is subject to a fundraiser; May assist in voter registration drives. range of disciplinary actions, including removal from > May not sell tickets to a political fundraiser; federal service, reduction in grade, debarment from May not use any e-mail account or social May participate in nonpartisan campaigns. media to distribute, send, or forward content May contribute money to political campaigns, federal service for a period not to exceed 5 years, that solicits political contributions. political parties, or partisan political groups. suspension, letter of reprimand, or a civil penalty not to May attend political fundraising functions. exceed $1000. May attend political rallies and meetings. May join political clubs or parties. .