The Hatch Act – A federal employee guide to election season
Anyone who is unclear as to their rights and responsibilities should consult a lawyer, their agency ethics officer, and/or the Office of Special Counsel.
Election season means that partisan politics is everywhere. The Hatch Act, however, lays out specific prohibitions on certain political activities for federal employees. Violating the Act can result in disciplinary action up to and including removal, reduction in grade, or even debarment from federal employment. Accordingly, federal employees must give extra care to how, where and when they engage in political activities. Below are answers to ten common questions regarding federal employees’ rights and responsibilities during election season, including under the Hatch Act.
The Hatch Act applies to civilians in the executive branch (except for the President and Vice President) and those otherwise in the competitive service. This is not exhaustive guidance and, unless otherwise stated, does not cover agency-specific rules or exceptions based on particular circumstances, such as certain activities in specifically designated localities.
Anyone who is unclear as to their rights and responsibilities should consult a lawyer, their agency ethics officer, and/or the Office of Special Counsel before engaging in the intended political activity.
Are federal employees allowed to volunteer on a political campaign?
It depends. Many federal employees are permitted to volunteer on partisan political campaigns so long as the employee is: 1) off-duty; 2) not on government premises; 3) not wearing a uniform or official insignia identifying the office or position of the employee; and 4) not using a government vehicle.
There are some federal employees, however, who, even in their personal time, are not permitted to engage in partisan political management or campaigns. Generally, those include employees who work for intelligence agencies, law enforcement agencies or components, the Office of Special Counsel, the Federal Election Commission or Election Assistance Commission, and the Merit Systems Protections Board, as well as members of the Senior Executive Service, administrative law judges (not to be confused with administrative judges), administrative appeals judges and contract appeals board members. OSC refers to these employees as “further restricted employees.” There are some exceptions to who is covered by these prohibitions. The complete list can be found at 5 U.S.C. 7323(b)(2)-(3).”
Are federal employees allowed to make personal political donations?
Yes, federal employees are permitted to make personal political donations.
Are federal employees allowed to ask others to make political donations?
No. Federal employees are not permitted to knowingly solicit, accept or receive a political contribution from any person, absent very rare exceptions related to labor organizations. This restriction includes sharing and even “liking” social media posts which solicit donations for a partisan political campaign or invite individuals to a fundraising event.
Are federal employees allowed to discuss preference for a partisan political candidate on social media?
Yes, so long as the federal employee is not on duty or in the workplace and the post does not involve otherwise restricted activity (such as soliciting campaign donations).
Federal employees may not like, comment or post about, follow, share posts or “friend” partisan candidates or political groups while on duty or in the workplace. This restriction applies even if the employee’s account is private or the account is an alias account.
Are federal employees permitted to show support for a partisan political candidate in their social media profile pictures?
Most employees are permitted to show support for a partisan political candidate in their social media profile pictures; however, an employee whose profile photo shows support for a partisan political candidate would be restricted from engaging in even non-political social media while on duty or in the workplace.
Are federal employees allowed to express their opinion about who should win an election?
Yes, so long as the employee is: 1) off-duty; 2) not on government premises; 3) not wearing a uniform or official insignia identifying the office or position of the employee; and 4) not using a government vehicle.
Are federal employees allowed to participate in political protests?
Yes, so long as the employee is 1) off-duty; 2) not on government premises; 3) not wearing a uniform or official insignia identifying the office or position of the employee; and 4) not using a government vehicle. Federal employees should also pay particularly close attention to any identified rules or direction from law enforcement.
Do federal employees have to use annual leave to vote during work hours?
Generally, no. Federal employees are permitted up to four hours of paid administrative leave for each election event. This includes time for travel and covers early voting. The employee should request and schedule the leave ahead of time.
Are federal employees allowed to be non-partisan poll workers or election observers?
Yes. Federal employees are allowed to be non–partisan poll workers and election observers. Federal employees are also entitled to up to four hours of paid administrative leave per election year (not per election event) to engage in these activities.
Are federal employees allowed to run for partisan political office?
Generally, no; however, there are exceptions for those who live in specifically designated localities and who wish to run for local office as an independent in those localities. The designated localities are set by Office of Personnel Management regulation and can be found at 5 C.F.R. 733.107. Anyone considering running for office under these exceptions should consult a lawyer, their agency ethics officer, and/or the Office of Special Counsel before doing so.
Elizabeth “Lisa” Baker-Pham is part of Washington, D.C.-based Kalijarvi, Chuzi, Newman & Fitch’s security clearance practice, advising applicants through the clearance process and representing federal employees and contractors whose clearances have been threatened or suspended, or whose suitability for federal employment has been challenged.
The Hatch Act – A federal employee guide to election season
Anyone who is unclear as to their rights and responsibilities should consult a lawyer, their agency ethics officer, and/or the Office of Special Counsel.
Election season means that partisan politics is everywhere. The Hatch Act, however, lays out specific prohibitions on certain political activities for federal employees. Violating the Act can result in disciplinary action up to and including removal, reduction in grade, or even debarment from federal employment. Accordingly, federal employees must give extra care to how, where and when they engage in political activities. Below are answers to ten common questions regarding federal employees’ rights and responsibilities during election season, including under the Hatch Act.
The Hatch Act applies to civilians in the executive branch (except for the President and Vice President) and those otherwise in the competitive service. This is not exhaustive guidance and, unless otherwise stated, does not cover agency-specific rules or exceptions based on particular circumstances, such as certain activities in specifically designated localities.
Anyone who is unclear as to their rights and responsibilities should consult a lawyer, their agency ethics officer, and/or the Office of Special Counsel before engaging in the intended political activity.
It depends. Many federal employees are permitted to volunteer on partisan political campaigns so long as the employee is: 1) off-duty; 2) not on government premises; 3) not wearing a uniform or official insignia identifying the office or position of the employee; and 4) not using a government vehicle.
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There are some federal employees, however, who, even in their personal time, are not permitted to engage in partisan political management or campaigns. Generally, those include employees who work for intelligence agencies, law enforcement agencies or components, the Office of Special Counsel, the Federal Election Commission or Election Assistance Commission, and the Merit Systems Protections Board, as well as members of the Senior Executive Service, administrative law judges (not to be confused with administrative judges), administrative appeals judges and contract appeals board members. OSC refers to these employees as “further restricted employees.” There are some exceptions to who is covered by these prohibitions. The complete list can be found at 5 U.S.C. 7323(b)(2)-(3).”
Yes, federal employees are permitted to make personal political donations.
No. Federal employees are not permitted to knowingly solicit, accept or receive a political contribution from any person, absent very rare exceptions related to labor organizations. This restriction includes sharing and even “liking” social media posts which solicit donations for a partisan political campaign or invite individuals to a fundraising event.
Yes, so long as the federal employee is not on duty or in the workplace and the post does not involve otherwise restricted activity (such as soliciting campaign donations).
Federal employees may not like, comment or post about, follow, share posts or “friend” partisan candidates or political groups while on duty or in the workplace. This restriction applies even if the employee’s account is private or the account is an alias account.
Most employees are permitted to show support for a partisan political candidate in their social media profile pictures; however, an employee whose profile photo shows support for a partisan political candidate would be restricted from engaging in even non-political social media while on duty or in the workplace.
Further restricted employees are not permitted to show support for a partisan political candidate in their social media profile pictures.
Yes, so long as the employee is: 1) off-duty; 2) not on government premises; 3) not wearing a uniform or official insignia identifying the office or position of the employee; and 4) not using a government vehicle.
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Yes, so long as the employee is 1) off-duty; 2) not on government premises; 3) not wearing a uniform or official insignia identifying the office or position of the employee; and 4) not using a government vehicle. Federal employees should also pay particularly close attention to any identified rules or direction from law enforcement.
Generally, no. Federal employees are permitted up to four hours of paid administrative leave for each election event. This includes time for travel and covers early voting. The employee should request and schedule the leave ahead of time.
Yes. Federal employees are allowed to be non–partisan poll workers and election observers. Federal employees are also entitled to up to four hours of paid administrative leave per election year (not per election event) to engage in these activities.
Generally, no; however, there are exceptions for those who live in specifically designated localities and who wish to run for local office as an independent in those localities. The designated localities are set by Office of Personnel Management regulation and can be found at 5 C.F.R. 733.107. Anyone considering running for office under these exceptions should consult a lawyer, their agency ethics officer, and/or the Office of Special Counsel before doing so.
Elizabeth “Lisa” Baker-Pham is part of Washington, D.C.-based Kalijarvi, Chuzi, Newman & Fitch’s security clearance practice, advising applicants through the clearance process and representing federal employees and contractors whose clearances have been threatened or suspended, or whose suitability for federal employment has been challenged.
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