Hatch Law And Governors: Who Does It Affect?

The Hatch Act of 1939 is a United States federal law that restricts the political activities of federal, state, and local government employees. The Act prohibits civil service members in the executive branch from engaging in specific political activities, with the exception of the President and Vice President. While the Act allows federal employees to actively participate in politics, there are significant restrictions in place. The level of restriction depends on the employee's job type and workplace. Employees in the “further restricted” category work in intelligence and enforcement-type agencies and are subject to more limitations due to the sensitive nature of their positions. The Hatch Act also applies to certain state and local government workers whose positions are primarily funded by federal funds. However, it is important to note that military service members are not subject to the Hatch Act but are governed by a separate Defense Department directive.

Who does the Hatch Act apply to?

The Hatch Act of 1939 is a United States federal law that prohibits certain political activities by federal government employees in the executive branch, except the president and vice president. The law was enacted to prevent civil servants from engaging in specific forms of political activity, such as using their official authority to influence elections or engaging in partisan political activities while performing their duties.

The Hatch Act applies to federal employees in the executive branch, including those in the Federal Election Commission, FBI, CIA, National Security Council, and other agencies. It also covers state and local government workers whose positions are primarily funded by federal money. These individuals are restricted from running for public office if their positions are supported by any federal funds, even if mostly funded by local funds.

Additionally, the Hatch Act has specific provisions for certain groups of federal employees. For example, employees at intelligence and enforcement agencies or certain classes of positions are subject to further restrictions due to the sensitive nature of their work. This group is prohibited from taking an active part in political management or partisan campaigns and has limitations on their social media activities related to politics.

It's important to note that the Hatch Act does not apply to military members of the uniformed services. However, it does cover Department of Defense and Department of Homeland Security civil servants, including those directly supporting the United States Coast Guard.

What are the restrictions for federal employees?

The Hatch Act of 1939 is a US federal law that prohibits civil-service employees in the executive branch of the federal government (except the president and vice president) from engaging in certain forms of political activity. The law restricts political campaign activities by federal employees and forbids the use of public funds designated for relief or public works for electoral purposes. Federal employees are also forbidden from running for office in a partisan election, soliciting or receiving political contributions, and engaging in political activities while on duty or on federal property.

In addition to the restrictions imposed by the Hatch Act, there are several other restrictions that federal employees must adhere to, both during and after their government service. Here are some key restrictions:

Restrictions During Federal Employment

• Federal employees must not use their official authority to interfere with an election or while engaged in political activity.
• They are allowed to be candidates in non-partisan elections, such as most municipalities and school boards.
• They can express opinions about political issues and partisan groups and candidates, but only when they are not at work or using their official authority.
• They are allowed to register and vote as they choose and attend political rallies, meetings, and fundraisers.
• They must not engage in any form of bribery or intimidation of voters.
• They are prohibited from being members of any political organization that advocates the overthrow of the constitutional form of government.

Restrictions After Leaving Federal Employment

• The "post-employment law" (18 USC 207) restricts the type of work former federal employees can do for their new employers, depending on their previous government role.
• Former employees may face restrictions on their new employment activities, especially when appearing before or communicating with federal agencies or courts.
• There is a lifetime ban on communicating with or appearing before the government on a particular matter involving specific parties in which the employee participated during their government service.
• A two-year ban prohibits employees from communicating with or appearing before the government on matters involving specific parties that were under their official responsibility during their last year of service.
• A one-year ban restricts senior employees from communicating with or appearing before the agency in which they served during their last year of government service.
• Additional restrictions apply to certain employees or specific types of matters, such as those involved in costly procurement work.

What are the penalties for violating the Hatch Act?

The Hatch Act of 1939 is a United States federal law that prohibits civil-service employees in the executive branch of the federal government from engaging in certain forms of political activity. The penalties for violating the Hatch Act are outlined in 5 U.S.C.S. § 1505 and 5 U.S.C.S. § 1506(a).

According to 5 U.S.C.S. § 1505, the Merit Systems Protection Board (MSPB) has plenary jurisdiction to determine whether a violation of the Hatch Act warrants the removal of the officer or employee from their position. The Board considers the seriousness of the violation, taking into account factors such as the nature of the offense, the employee's motive and intent, whether the employee received legal advice regarding the activities, and their past employment record. If the Board finds that removal is not warranted, it may impose a penalty of no fewer than 30 days' suspension without pay.

Additionally, 5 U.S.C.S. § 1506(a) states that the employer has the choice of either removing the employee from their position or forfeiting federal funds equal to two years' pay at the rate the employee was receiving at the time of the violation. Furthermore, if the removed employee is appointed to a position with a state or local agency within the same state within 18 months of their removal, federal funds will also be forfeited.

For federal employees, 5 U.S.C.S. § 7326 mandates that a violation of the Hatch Act shall result in the removal of the individual from their position, and the funds appropriated for that position may not be used to pay the individual.

It is important to note that the President and Vice President are exempt from the Hatch Act and are allowed to engage in political activities due to their dual roles as heads of state and political figures.

How does the Hatch Act apply to the President and Vice President?

The Hatch Act of 1939 is a federal law in the United States that prohibits civil-service employees in the executive branch of the federal government from engaging in certain forms of political activity. The Act, however, does not apply to the President and Vice President.

The Hatch Act limits the political activity of federal employees while on the job. It restricts political campaign activities by federal employees and prohibits the use of public funds designated for relief or public works for electoral purposes. Federal employees covered by the Act are forbidden to run for office in a partisan election, solicit or receive political contributions, and engage in political activities while on duty or on federal property.

While the Hatch Act does not apply to the President and Vice President, it is important to note that certain restrictions on political activity still apply to these offices. White House commissioned officers, the highest-ranking White House staff members, and certain presidential appointees with Senate confirmation are prohibited from soliciting political contributions or using their official authority to interfere with or influence elections at any time.

In recent years, there have been several instances where members of the President's administration have been accused of or found in violation of the Hatch Act. These incidents often involve the use of social media or official government events to express political opinions or support for a particular candidate.

What are the consequences for state and local government workers?

The Hatch Act of 1939 is a US federal law that regulates the political activities of federal employees and some state and local government workers. While the Act permits federal employees to actively participate in political activities, there are certain significant restrictions. The level of limitation depends on the type of work and the workplace. Most federal employees fall into the less restricted category, with a "fairly long" list of partisan political activities they can participate in while off-duty.

For employees in this category, the rules are: don't engage in political activity while at the workplace or on duty; don’t engage in this kind of activity in an official capacity anytime; don’t solicit or receive political contributions.

Employees in the further restricted category work at intelligence and enforcement-type agencies or in certain classes of positions. While these employees may still take part in some political activity, they are more limited than those in the “less restricted” category due to the sensitive nature of their positions. They are prohibited from taking an active part in any political management or partisan political campaign, or ‘sharing,’ ‘liking,’ or ‘retweeting’ any social media post directly from a campaign or political party, or requesting contributions for a candidate or political party.

Consequences for state and local government workers who violate the Hatch Act can include: removal, reduction in grade, debarment from federal employment for five years, suspension, a letter of reprimand, or civil penalties of up to $1,000.

The US Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency that promotes compliance with the Hatch Act by providing advisory opinions and enforcing the law. The Merit Systems Protection Board also enforces the Act.

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