The Hatch Act restricts the political activity of executive branch employees of the
federal government, the District of Columbia government and certain state and local
agencies. In 1993, Congress passed legislation that substantially amended the Hatch
Act, allowing most federal and D.C. employees to engage in many types of political
activity. (These amendments did not change the provisions applying to state and local
employees.) With the 1993 amendments, most federal and D.C. government employees are now permitted
to take an active part in political management or in political campaigns. However, some
federal agencies and categories of employees continue to be prohibited from engaging in
partisan political activity.
Ref: 5 U.S.C. chapter 73, subchapter III, as amended; 5 C.F.R. Part 733; 5 C.F.R. Part 734
Agencies/Employees Who Are Prohibited From Engaging in Partisan Activity
Employees of the following agencies (or agency components), or in the following categories, are prohibited from engaging in partisan political activity:
Administrative Law Judges (positions described at 5 U.S.C. § 5372)
Central Imagery Office
Central Intelligence Agency
Contract Appeals Boards (positions described at 5 U.S.C. § 5372a)
Criminal Division (Department of Justice)
Defense Intelligence Agency
Federal Bureau of Investigation
Federal Elections Commission
Merit Systems Protection Board
National Security Agency
National Security Council
Office of Criminal Investigation (Internal Revenue Service)
Office of Investigative Programs (Customs Service)
Office of Law Enforcement (Bureau of Alcohol, Tobacco and Firearms)
Office of Special Counsel
Secret Service
Senior Executive Service (career positions described at 5 U.S.C. § 3132(a)(4))
Employees of these agencies (or agency components) are subject to the following restrictions:
Ref: 5 U.S.C. chapter 73, subchapter III, as amended; 5 C.F.R. Part 734 ; Pub.L. 103-359, § 501(k) (1994)
Political Activity--Federal Employees
Residing in Designated Localites (CFR 733) cfr733.pdf / 1845k
Political Activites for Federal
Employees (CFR 734) cfr734.pdf / 3301k
Federal employees may-
Federal employees may not-
Federal employees should also be aware that certain political activities may also be criminal offenses under title 18 of the U.S. Code. See 18 U.S.C. §§ 210, 211, 594, 595, 600, 601, 602, 603, 604, 605, 606, 607, 610.
Advisories for Federal Employees
Please note that all advisories in this section are in Portable Document Format (PDF) and can only be viewed and printed using Adobe Acrobat Reader which can be downloaded free from Adobe. For visually impaired users Adobe Access can convert PDF documents to simple HTML or ASCII text which can then be read by screen reading programs.
Frequently Asked Questions and Answers For Employees Who May Engage in Partisan Political Activity
Listed below are answers to some of the most frequently asked questions received by OSC about political activity by federal employees.
Question: Can I make a contribution to the campaign of a partisan candidate, or to a
political party or organization?
Answer: Yes. A federal employee may contribute to the campaign of a partisan
candidate, or to a political party or organization.
Question: If I have a bumper sticker on my personal car, am I allowed to park the car
in a government lot or garage, or in a private lot/garage if the government subsidizes my
parking fees?
Answer: Yes. An employee is allowed to park his or her privately owned vehicle with
bumper sticker in a government lot or garage. An employee may also park the car with a
bumper sticker in a private lot or garage for which the employee receives a subsidy from
his or her agency.
Question: Can I help organize a political fundraiser?
Answer: An employee is allowed to organize a fundraiser, including supplying names
for the invitation list, as long as he or she does not personally solicit, accept, or
receive contributions.
Question: Can my name appear on invitations to a political fundraiser as a sponsor or
point of contact?
Answer: No. An employee's name may not be shown on an invitation to such a
fundraiser as a sponsor or point of contact.
Question: Can I speak at a political fundraiser?
Answer: An employee is allowed to give a speech or keynote address at a political
fundraiser, as long as he or she is not on duty, and does not solicit political
contributions.
Question: If I'm going to speak at a political fundraiser, what information about me
can be printed on the invitations?
Answer: An employee's name can be shown as a guest speaker. However, the reference
should not in any way suggest that the employee solicits or encourages contributions.
Invitations to the fundraiser may not include the employee's official title; although an
employee who is ordinarily addressed with a general term of address such as "The
Honorable" may use, or permit the use of, that term of address on the invitation.
Question: Can I attend a state or national party convention? If so, in what capacity?
Answer: Yes. A federal employee may serve as a delegate, alternate, or proxy to a
state or national party convention.
Question: If I run as a candidate for public office in a nonpartisan election, does the
Hatch Act allow me to ask for and accept political contributions?
Answer: An employee who is a candidate for public office in a nonpartisan election
is not barred by the Hatch Act from soliciting, accepting, or receiving political
contributions for his or her own campaign.
Question: May I distribute brochures for a political party to people arriving at a
polling place on Election Day?
Answer: Yes. An employee may stand outside a polling place on Election Day and hand
out brochures on behalf of a partisan political candidate or political party.
Answers to other questions about allowable political activity by federal employees can also be found in Hatch Act regulations in title 5 of the Code of Federal Regulations. Questions not answered above, or in the regulations, can be submitted to OSC for an advisory opinion.
Ref: 5 C.F.R. chapter 734
This page last updated on: 3/23/00