As a federal employee it is important that you understand the restrictions on your political activity during this mid-term election cycle. Specifically, under the Hatch Act, executive branch employees of the federal government are restricted in their ability to actively take part in partisan political management and partisan political campaigns as compared to “private citizens.” (See 5 U.S.C. §§ 7321-7326). Further, some federal employees are subject to even greater restrictions which prohibit them from engaging in any partisan political activity. Be warned, the default penalty for a federal employee who violates the Hatch Act is REMOVAL. In general, federal employees who may participate in partisan political activity, referred to as “unrestricted employees,” may:
- register and vote as they choose;
- assist in voter registration drives;
- express opinions about candidates and issues;
- contribute money to political organizations;
- attend political fundraising functions;
- attend and be active at political rallies and meetings;
- join and be an active member of a political party or club;
- sign nominating petitions;
- campaign for or against candidates in partisan elections;
- make campaign speeches for candidates in partisan elections; and
- distribute campaign literature in partisan elections.
However, “unrestricted employees” may not:
- use official authority or influence to interfere with an election;
- solicit or discourage political activity of anyone with business before their agency;
- solicit or receive political contributions (may be done in certain limited situations by federal labor or other employee organizations);
- be candidates for public office in partisan elections;
- engage in political activity while:
- on duty
- in a government office
- wearing an official uniform
- using a government vehicle; or
- wear partisan political buttons on duty.
For more information, contact the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm®, at 202.312.7100.