Topzle Topzle

Hatch Act

Updated: Wikipedia source

Hatch Act

The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law that prohibits civil service employees in the executive branch of the federal government, except the president and vice president, from engaging in some forms of political activity. It became law on August 2, 1939. The law was named for Senator Carl Hatch of New Mexico. It was most recently amended in 2012.

Infobox

Long title
An Act to Prevent Pernicious Political Activities
Enacted by
the 76th United States Congress
Effective
August 2, 1939
Public law
Pub. L. 76–252
Statutes at Large
53 Stat. 1147
U.S.C. sections created
5 U.S.C. §§ 7321–7326

Tables

Permitted and prohibited activities for federal employees · Current restrictions
Active in partisan political management
Active in partisan political management
Activity
Active in partisan political management
Regular federal employees
Permitted
Restricted federal employees
Prohibited
Assist in voter registration drives
Assist in voter registration drives
Activity
Assist in voter registration drives
Regular federal employees
Permitted
Restricted federal employees
Non-partisan only
Attend political rallies, meetings, and fundraisers
Attend political rallies, meetings, and fundraisers
Activity
Attend political rallies, meetings, and fundraisers
Regular federal employees
Permitted
Be candidates in non-partisan elections
Be candidates in non-partisan elections
Activity
Be candidates in non-partisan elections
Regular federal employees
Permitted
Be candidates in partisan elections
Be candidates in partisan elections
Activity
Be candidates in partisan elections
Regular federal employees
Prohibited
Campaign for or against candidates
Campaign for or against candidates
Activity
Campaign for or against candidates
Regular federal employees
Permitted
Restricted federal employees
Prohibited
Campaign for or against referendum questions, constitutional amendments, or municipal ordinances
Campaign for or against referendum questions, constitutional amendments, or municipal ordinances
Activity
Campaign for or against referendum questions, constitutional amendments, or municipal ordinances
Regular federal employees
Permitted
Circulate nominating petitions
Circulate nominating petitions
Activity
Circulate nominating petitions
Regular federal employees
Permitted
Restricted federal employees
Prohibited
Contribute money to partisan groups and candidates in partisan elections
Contribute money to partisan groups and candidates in partisan elections
Activity
Contribute money to partisan groups and candidates in partisan elections
Regular federal employees
Permitted
Distribute campaign literature to include via email or social media
Distribute campaign literature to include via email or social media
Activity
Distribute campaign literature to include via email or social media
Regular federal employees
Permitted
Restricted federal employees
Prohibited
Engage in political activity while on duty
Engage in political activity while on duty
Activity
Engage in political activity while on duty
Regular federal employees
Prohibited
Express opinions about partisan groups and candidates in partisan elections while not at work or using official authority
Express opinions about partisan groups and candidates in partisan elections while not at work or using official authority
Activity
Express opinions about partisan groups and candidates in partisan elections while not at work or using official authority
Regular federal employees
Permitted
Express opinions about political issues
Express opinions about political issues
Activity
Express opinions about political issues
Regular federal employees
Permitted
Invite subordinate employees to political events or otherwise suggest that they engage in political activity
Invite subordinate employees to political events or otherwise suggest that they engage in political activity
Activity
Invite subordinate employees to political events or otherwise suggest that they engage in political activity
Regular federal employees
Prohibited
Join partisan groups
Join partisan groups
Activity
Join partisan groups
Regular federal employees
Permitted
Make campaign speeches for candidates in partisan elections
Make campaign speeches for candidates in partisan elections
Activity
Make campaign speeches for candidates in partisan elections
Regular federal employees
Permitted
Restricted federal employees
Prohibited
Participate in campaigns
Participate in campaigns
Activity
Participate in campaigns
Regular federal employees
Permitted
Restricted federal employees
Only if candidates do not represent a political party
Register and vote as they choose
Register and vote as they choose
Activity
Register and vote as they choose
Regular federal employees
Permitted
Sign nominating petitions
Sign nominating petitions
Activity
Sign nominating petitions
Regular federal employees
Permitted
Solicit or discourage the political activity of any person with business before the agency
Solicit or discourage the political activity of any person with business before the agency
Activity
Solicit or discourage the political activity of any person with business before the agency
Regular federal employees
Prohibited
Solicit, accept, or receive political contributions (including hosting or inviting others to political fundraisers)
Solicit, accept, or receive political contributions (including hosting or inviting others to political fundraisers)
Activity
Solicit, accept, or receive political contributions (including hosting or inviting others to political fundraisers)
Regular federal employees
Prohibited
Use official authority to interfere with an election or while engaged in political activity
Use official authority to interfere with an election or while engaged in political activity
Activity
Use official authority to interfere with an election or while engaged in political activity
Regular federal employees
Prohibited
Notes:.mw- }.mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- Federal employees are allowed to be independent candidates in partisan elections for offices of certain localities in the Washington metropolitan area and certain other localities where most voters are federal employees. Allowed if both persons are members of the same federal labor or employee organization, the person solicited is not a subordinate employee, the solicitation is for a contribution to the organization's political action committee, and the solicitation does not occur while on duty or in the workplace
Notes:.mw- }.mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- Federal employees are allowed to be independent candidates in partisan elections for offices of certain localities in the Washington metropolitan area and certain other localities where most voters are federal employees. Allowed if both persons are members of the same federal labor or employee organization, the person solicited is not a subordinate employee, the solicitation is for a contribution to the organization's political action committee, and the solicitation does not occur while on duty or in the workplace
Activity
Notes:.mw- }.mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- .mw- Federal employees are allowed to be independent candidates in partisan elections for offices of certain localities in the Washington metropolitan area and certain other localities where most voters are federal employees. Allowed if both persons are members of the same federal labor or employee organization, the person solicited is not a subordinate employee, the solicitation is for a contribution to the organization's political action committee, and the solicitation does not occur while on duty or in the workplace
Activity
Regular federal employees
Restricted federal employees
Active in partisan political management
Permitted
Prohibited
Assist in voter registration drives
Permitted
Non-partisan only
Attend political rallies, meetings, and fundraisers
Permitted
Be candidates in non-partisan elections
Permitted
Be candidates in partisan elections
Prohibited
Campaign for or against candidates
Permitted
Prohibited
Campaign for or against referendum questions, constitutional amendments, or municipal ordinances
Permitted
Circulate nominating petitions
Permitted
Prohibited
Contribute money to partisan groups and candidates in partisan elections
Permitted
Distribute campaign literature to include via email or social media
Permitted
Prohibited
Engage in political activity while on duty
Prohibited
Express opinions about partisan groups and candidates in partisan elections while not at work or using official authority
Permitted
Express opinions about political issues
Permitted
Invite subordinate employees to political events or otherwise suggest that they engage in political activity
Prohibited
Join partisan groups
Permitted
Make campaign speeches for candidates in partisan elections
Permitted
Prohibited
Participate in campaigns
Permitted
Only if candidates do not represent a political party
Register and vote as they choose
Permitted
Sign nominating petitions
Permitted
Solicit or discourage the political activity of any person with business before the agency
Prohibited
Solicit, accept, or receive political contributions (including hosting or inviting others to political fundraisers)
Prohibited
Use official authority to interfere with an election or while engaged in political activity
Prohibited
Notes:.mw- }.mw- .mw- .mw- .mw- .mw- .mw- Federal employees are allowed to be independent candidates in partisan elections for offices of certain localities in the Washington metropolitan area and certain other localities where most voters are federal employees. Allowed if both persons are members of the same federal labor or employee organization, the person solicited is not a subordinate employee, the solicitation is for a contribution to the organization's political action committee, and the solicitation does not occur while on duty or in the workplace

References

  1. Federal employees are allowed to be independent candidates in partisan elections for offices of certain localities in th
  2. Allowed if both persons are members of the same federal labor or employee organization, the person solicited is not a su
  3. Unincorporated area, no elected offices of its own.
  4. Listed as "Chevy Chase, section 4", its former name.
  5. Listed as "Fairmont Heights".
  6. Listed as "Riverdale", its former name.
  7. oge.gov
    https://web.archive.org/web/20200729005318/https://www.oge.gov/web/oge.nsf/Resources/Political+Activities
  8. Congressional Research Service
    http://fas.org/sgp/crs/misc/R44469.pdf
  9. osc.gov
    https://osc.gov/Services/Pages/HatchAct-Federal.aspx
  10. Encyclopedia Britannica
    https://www.britannica.com/topic/Hatch-Act-United-States-1939
  11. Filson Club History Quarterly
    https://web.archive.org/web/20120328215201/http://www.filsonhistorical.org/programs-and-publications/publications/the-filson-club-history-quarterly/1972-76.aspx
  12. Pennsylvania Magazine of History and Biography
    https://www.jstor.org/stable/20090543
  13. The Emergence of the New South, 1913–1945
    https://archive.org/details/emergenceofnewso00tind
  14. Building New Deal Liberalism: The Political Economy of Public Works, 1933–1956
    https://books.google.com/books?id=_PWpdRTYrGwC&pg=PA184
  15. The New York Times
    https://timesmachine.nytimes.com/timesmachine/1940/10/24/112770836.pdf
  16. Secrecy: The American Experience
    https://archive.org/details/secrecyamericane00moyn
  17. Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism
    https://archive.org/details/periloustimesfre00ston
  18. Jason C. Miller, The Unwise and Unconstitutional Hatch Act: Why State and Local Government Employees Should be Free to R
    https://ssrn.com/abstract=1444192
  19. Major Acts of Congress
    https://web.archive.org/web/20130313175806/http://www.enotes.com/hatch-act-1939-reference/hatch-act-1939
  20. The New York Times
    https://timesmachine.nytimes.com/timesmachine/1947/02/11/93788947.pdf
  21. The New York Times
    https://timesmachine.nytimes.com/timesmachine/1973/06/26/90448889.pdf
  22. The New York Times
    https://timesmachine.nytimes.com/timesmachine/1975/12/21/355379892.pdf
  23. The New York Times
    https://timesmachine.nytimes.com/timesmachine/1976/04/13/92222459.pdf
  24. The New York Times
    https://timesmachine.nytimes.com/timesmachine/1977/03/23/75054281.pdf
  25. The New York Times
    https://www.nytimes.com/1987/11/18/us/house-approves-bill-to-lift-curbs-on-federal-employees-in-politics.html
  26. The New York Times
    https://www.nytimes.com/1990/06/16/us/president-vetoes-a-bill-and-makes-threat-on-second.html
  27. The New York Times
    https://www.nytimes.com/1990/06/22/us/senate-upholds-veto-of-bill-on-us-workers-in-politics.html
  28. Public Law 103-94 – Oct. 6, 1993 and Congressional Research Service (Cynthia Brown and Jack Marshall) "Hatch Act Restric
    http://uscode.house.gov/statutes/pl/103/94.pdf
  29. whitehouse.gov
    https://obamawhitehouse.archives.gov/the-press-office/2012/12/28/statement-press-secretary-hj-res-122-hr-3477-hr-3783-hr-3870-hr-3912-hr-
  30. Baltimore Sun
    https://www.baltimoresun.com/maryland/bs-md-federal-hatch-20130127-story.html
  31. Directive 1344.10. Political Activities by Members of the Armed Forces Archived 2009-08-25 at the Wayback Machine. Depar
    http://www.dtic.mil/whs/directives/corres/pdf/134410p.pdf
  32. Cpl. R. Drew Hendricks, "DoD policy limits political practices in the workplace". Marine Forces Pacific. marines.mil (20
    https://web.archive.org/web/20090301054940/http://www.marines.mil/units/marforpac/Pages/JAN085.aspx
  33. Christopher Garcia. Political Activities. Office of Under Secretary of Defense for Personnel & Readiness.
    https://web.archive.org/web/20081219014308/http://www.dod.mil/dodgc/defense_ethics/resource_library/2007Deskbook/PowerPoint_Presentations/5ECC_Political_Activities_Garcia.pdf
  34. Legal Information Institute
    https://www.law.cornell.edu/cfr/text/45/part-73/subpart-F
  35. Office of the General Counsel
    https://ogc.commerce.gov/collection/ethics-law-and-programs-division
  36. Office of the General Counsel
    https://ogc.commerce.gov/page/political-activities
  37. Deseret Morning News
    https://archive.today/20120707153726/http://deseretnews.com/dn/view/0,1249,650203448,00.html
  38. OSC.gov
    https://web.archive.org/web/20070205221645/http://www.osc.gov/documents/press/2007/pr07_04.htm
  39. "Doan's fate up to president; Hatch Act violation could prompt firing". Federal Times. May 28, 2007.
  40. Hamilton Center Inc
    https://www.hamiltoncenter.org
  41. Tribune-Star
    http://www.tribstar.com/news/local_news/mayor-maintains-he-did-not-violate-little-hatch-act-in/article_f4b8889d-af27-58ef-b6ea-f3f42dcf191b.html
  42. News and Tribune
    https://www.newsandtribune.com/news/local_news/indiana-supreme-court-rules-terre-haute-mayor-can-keep-office/article_c59d5f60-c046-5cca-ada0-98e50f13f105.html
  43. ABC News
    http://www.abcnews.go.com/Blotter/story?id=4797325&page=1
  44. The New York Times
    https://www.nytimes.com/2008/05/07/washington/07inquire.html
  45. "White House indicates Sebelius won't be punished over Hatch Act violation"
    https://www.foxnews.com/politics/white-house-indicates-sebelius-wont-be-punished-over-hatch-act-violation/
  46. USA Today
    https://www.usatoday.com/story/news/politics/2016/07/18/investigation-hud-secretary-julian-castro-broke-law-endorsing-clinton-hatch-act/87263314/
  47. Fox News
    https://www.foxnews.com/politics/harry-reid-says-fbi-director-james-comey-may-have-broken-federal-law
  48. The New York Times
    https://www.nytimes.com/interactive/2016/10/28/us/politics/fbi-letter.html?_r=0
  49. The New York Times
    https://www.nytimes.com/2016/10/30/opinion/on-clinton-emails-did-the-fbi-director-abuse-his-power.html
  50. East Bay Times
    https://www.eastbaytimes.com/2016/11/05/hatch-act-torpedoes-bay-area-officials-re-election-bids/
  51. The New York Times
    https://www.nytimes.com/2017/06/09/us/politics/dan-scavino-hatch-act-amash.html
  52. CNN
    http://www.cnn.com/2017/10/03/politics/nikki-haley-hatch-act-violation/index.html
  53. Politico
    https://www.politico.com/story/2017/11/22/kellyanne-conway-hatch-act-complaint-doug-jones-comment-259147
  54. CNN
    https://www.cnn.com/2018/03/06/politics/kellyanne-conway-hatch-act/index.html
  55. Politico
    https://politi.co/2vZY69a
  56. The Hill
    https://thehill.com/policy/technology/385729-watchdog-finds-fcc-commissioner-violated-ethics-law-during-cpac-appearance
  57. CNN
    https://www.cnn.com/2018/09/21/politics/melania-trump-stephanie-grisham-hatch-act/index.html
  58. Newsweek
    https://www.newsweek.com/hatch-act-violations-trump-administration-conway-1446406
  59. CNN
    https://www.cnn.com/2018/11/30/politics/six-white-house-officials-hatch-act/index.html
  60. House Committee on Oversight and Reform
    https://web.archive.org/web/20201026185618/https://oversight.house.gov/legislation/hearings/violations-of-the-hatch-act-under-the-trump-administration
  61. Bloomberg
    https://www.bloomberg.com/news/articles/2019-06-13/ap-newsalert-federal-agency-recommends-kellyanne-conway-be-fired-for-repeat-violation-of-law-prohibiting-political
  62. Covering letter and Report of Prohibited Political Activity Under the Hatch Act (OSC File Nos. HA-19-0631 & HA-19-3395 (Kellyanne Conway)
    https://web.archive.org/web/20190614221133/https://osc.gov/Resources/Report%20to%20the%20President%20re%20Kellyanne%20Conway%20Hatch%20Act.pdf
  63. NBC News
    https://www.nbcnews.com/politics/2020-election/usda-head-perdue-violated-hatch-act-advocating-trump-re-election-n1242687
  64. The Hill
    https://thehill.com/homenews/administration/520240-usdas-perdue-fined-for-violating-hatch-act-while-promoting-food-boxes
  65. Politico
    https://www.politico.com/news/2020/10/08/perdue-ethics-trump-reelection-428018
  66. The New York Times
    https://www.nytimes.com/2020/08/26/us/politics/trump-naturalization-ceremony-rnc.html
  67. USA Today
    https://eu.usatoday.com/story/news/politics/elections/2020/08/25/rnc-white-house-convention-speeches-ethics-hatch-act-trump/5628864002/
  68. The Guardian
    https://www.theguardian.com/us-news/2020/oct/15/trump-administration-partisan-campaigning-hatch-act
  69. "Sixteen Trump administration officials violated the law to boost Trump campaign in October"
    https://www.citizensforethics.org/reports-investigations/crew-reports/sixteen-trump-administration-officials-violated-the-law-to-boost-trump-campaign-in-october/
  70. Boston.com
    https://www.boston.com/news/politics/2020/10/29/elizabeth-warren-trump-hatch-act-violations
  71. The Hill
    https://thehill.com/homenews/administration/524864-office-of-special-counsel-investigating-use-of-white-house-for-trump
  72. Politico Pro
    https://subscriber.politicopro.com/article/eenews/1063723931
  73. "Biden's HUD secretary violated Hatch Act with election talk: watchdog"
    https://nypost.com/2021/05/13/bidens-hud-sec-violated-hatch-act-with-election-talk-watchdog/
  74. CNN
    https://www.cnn.com/2021/05/14/politics/marcia-fudge-hatch-act-violation/index.html
  75. USA Today
    https://www.usatoday.com/story/news/politics/2021/10/15/jen-psaki-accused-violating-hatch-act-government-watchdog-group/8470700002/
  76. "CREW sends Biden administration letter on Hatch Act"
    https://www.citizensforethics.org/news/press-releases/crew-sends-biden-administration-letter-on-hatch-act/
  77. "Remus Hatch Act"
    https://www.citizensforethics.org/wp-content/uploads/2021/03/2021-3-22-Remus-Hatch-Act.pdf
  78. The Independent
    https://www.independent.co.uk/news/world/americas/us-politics/dr-oz-firing-herschel-walker-b2043332.html
  79. MarketWatch
    https://www.marketwatch.com/story/why-president-biden-fired-herschel-walker-and-dr-mehmet-oz-from-a-federal-fitness-council-11648145113
  80. The Guardian
    https://www.theguardian.com/us-news/2022/mar/24/dr-oz-herschel-walker-president-sports-council
  81. Yahoo! News
    https://news.yahoo.com/white-house-press-secretary-violated-231745815.html
  82. Fox News
    https://www.foxnews.com/politics/experts-baffled-white-house-invoking-hatch-act-dodge-hunter-cocaine-question
  83. CNN
    https://www.cnn.com/2024/09/05/politics/navy-secretary-violate-hatch-act-biden-endorsement-watchdog-finds/index.html
  84. United States Office of Special Counsel
    https://osc.gov/Documents/Hatch%20Act/Reports/Report%20of%20Prohibited%20Political%20Activity%2c%20Carlos%20Del%20Toro%20%28HA-24-000104%29.pdf
  85. NPR
    https://www.npr.org/2024/11/07/g-s1-33296/white-house-advisor-neera-tanden-faces-hatch-act-complaint-over-tweets
  86. CBS News
    https://www.cbsnews.com/news/government-website-hud-blames-shutdown-on-radical-left-ethics-group-calls-it-blatant-violation-hatch-act/
  87. POLITICO
    https://www.politico.com/news/2025/10/01/shutdown-agencies-hatch-act-00590757
  88. AP News
    https://apnews.com/article/federal-agencies-political-messages-hatch-act-shutdown-fe1266f760f0032cb26d8086c691c76e
  89. NBC News
    https://www.nbcnews.com/politics/trump-administration/education-department-shutdown-emails-unconstitutional-judge-rules-rcna242653
  90. ABC News
    https://abcnews.go.com/Politics/wireStory/blame-game-federal-agencies-political-messages-fault-democrats-126165832
  91. "Permitted and Prohibited Activities for Most Federal Employees"
    https://osc.gov/Documents/Outreach%20and%20Training/Posters/The%20Hatch%20Act%20and%20Most%20Federal%20Employees%20Poster.pdf
  92. "Permitted and Prohibited Activities for Federal Employees Subject to Further Restrictions"
    https://osc.gov/Documents/Outreach%20and%20Training/Posters/The%20Hatch%20Act%20and%20Further%20Restricted%20Employees%20Poster.pdf
  93. 5 CFR 733, Political activity – federal employees residing in designated localities.
    https://www.ecfr.gov/current/title-5/part-733
  94. "Why nonpartisan – versus partisan – school board elections do not tell the whole story". Scholars Strategy Network. Apr
    https://scholars.org/contribution/why-nonpartisan-versus-partisan-school-board-elections-do-not-tell-whole-story
Image
Source:
Tip: Wheel or +/− to zoom, drag to pan, Esc to close.