Federal Hatch Act

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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.

OSC has developed a presentation entitled "Political Activity and the Federal Employee" which covers the rules and regulations of the Hatch Act.  This presentation appears in one Microsoft PowerPoint presentation and can be downloaded and reproduced by users. 

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)


Recent Regulations

Please note that the following documents are in Portable Document Format (PDF) and can only be viewed and printed using Adobe Acrobat Reader.  Acrobat Reader can be dowloaded free from Adobe.

Political Activity--Federal Employees Residing in Designated Localites (CFR 733)  cfr733.pdf / 1845k
Political Activites for Federal Employees (CFR 734)   cfr734.pdf  / 3301k


Do's and Don'ts for Federal Employees Who May Engage in Partisan Political Activity

Federal Hatch Act Do's

Federal employees may-


Federal Hatch Act Don'ts

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.

Reimbursement of de minimis expenses for PAS employees fa_reimb.pdf / 306k
When does candidacy begin fa_cand.pdf / 128k
Candidacy in a partisan election fa_parel.pdf / 55k
Candidacy for regularly scheduled employees fa_regem.pdf / 53k
Candidacy for irregularly scheduled employees fa_irrem.pdf / 53k
Candidacy in a designated community fa_descm.pdf / 65k
Testing the waters fa_teswa.pdf / 99k
Candidacy in a nonpartisan election fa_nonpe.pdf / 50k
Appointment to public office fa_pubof.pdf / 46k
Elected official accepting federal employment fa_fedem.pdf / 50k
Holding party office fa_parof.pdf / 54k
Serving as a delegate to a party convention fa_parcn.pdf / 40k
Posting a sign on a private vehicle fa_pstsn.pdf / 47k
Receipt of political material at work fa_polma.pdf / 57k
Working for a partisan campaign fa_parca.pdf / 58k
Taking a leave of absence to work on a campaign fa_loab.pdf / 90k
Displaying political signs in federal housing fa_disps.pdf / 49k
Serving as a treasurer of a campaign fa_trcam.pdf / 56k
Salary allotments fa_salal.pdf / 62k
Nonappropriated fund employees fa_nonap.pdf / 51k
Solicitation of services from subordinate employees fa_solsv.pdf / 86k
Restricted employee working on a campaign fa_resem.pdf / 62k
Restricted employee becoming a member of a partisan political group fa_reppg.pdf / 88k



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

 

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This page last updated on: 3/23/00