While federal employees may contribute money to partisan candidates or political organizations, the Hatch Act expressly prohibits federal employees from soliciting, accepting, or receiving political contributions. This prohibition covers the content of your emails related to the mid-term election campaigns.  For example, sending an email to a friend or family member encouraging them to donate to a campaign would violate the Hatch Act.  So too would be forwarding on an email from a campaign to friends or family asking for a donation.  But more importantly, even forwarding a partisan candidate’s official campaign website to family and friends could constitute a violation of the Hatch Act if the main page of that website immediately opens with a solicitation for a political contribution.

REMEMBER THE DEFAULT PENALTY FOR A FEDERAL EMPLOYEE WHO VIOLATES THE HATCH ACT IS REMOVAL! For more detailed information regarding how the Hatch Act may affect you, contact Mahoney & Jeffrey, PLLC, The Federal Employee’s Law Firm® at 202.312.7100, or visit the Office of Special Counsel’s Hatch Act webpage at http://www.osc.gov/hatchact.htm

As we discussed previously, the Hatch Act prohibits federal employees from engaging in political activity while on duty or while in a government office.  During this election cycle, it is important that you remain aware as to when, where, and how you access your personal email account.  For example, while accessing your personal email account (e.g., Gmail, hotmail, yahoo) from a government computer you MAY NOT forward an email from the McCain Senate campaign to your friends, family or co-workers, because to do so would be to engage in political activity while in a government office.  Likewise, while you are tele-working/commuting from home, you MAY NOT forward a YouTube video of a Barbara Boxer interview to your friends, family or co-workers, because to do so would be to engage in political activity while on duty.

REMEMBER THE DEFAULT PENALTY FOR A FEDERAL EMPLOYEE WHO VIOLATES THE HATCH ACT IS REMOVAL! For more detailed information regarding how the Hatch Act may affect you, contact Mahoney & Jeffrey, PLLC, The Federal Employee’s Law Firm® at 202.312.7100, or visit the Office of Special Counsel’s Hatch Act webpage at http://www.osc.gov/hatchact.htm

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 detailed information regarding how the Hatch Act may affect you, contact Mahoney & Jeffrey, PLLC, The Federal Employee’s Law Firm®, at 202.312.7100 or visit the Office of Special Counsel’s Hatch Act webpage at http://www.osc.gov/hatchact.htm.