What does the Hatch Act prohibit?

What does the Hatch Act prohibit?

The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law. Its main provision 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.

What is penalty for violating Hatch Act?

​The penalty structure for violations of the Hatch Act by federal employees includes removal from federal service, reduction in grade, debarment from federal employment for a period not to exceed 5 years, suspension, reprimand, or a civil penalty not to exceed $1,000.

What constitutes political activity?

Political activity has been defined as activity directed toward the success or failure of a political party, candidate for a partisan political office or a partisan political group. Employees are restricted from displaying partisan political posters and bumper stickers in their offices.

Does Hatch Act apply to political appointees?

The Hatch Act bars Federal employees from engaging in certain political activities. Presidential appointees who have been confirmed by the Senate, on the other hand, may engage in certain on-duty political activities.

Can a federal employee run for political office?

Federal employees may not seek public office in partisan elections, use their official title or authority when engaging in political activity, solicit or receive contributions for partisan political candidates or groups, and engage in political activity while on duty.

Can you campaign on federal property?

All Department of Justice employees are subject to the Hatch Act, 5 U.S.C. 7323(a) and 7324(a), which generally prohibits Department employees from engaging in partisan political activity while on duty, in a federal facility or using federal property.

Does Hatch Act apply to local elections?

​The Hatch Act restricts the political activity of individuals principally employed by state, District of Columbia, or local executive agencies and who work in connection with programs financed in whole or in part by federal loans or grants.

Can military members vote in uniform?

All members of the armed forces, including active-duty members, members of the reserve components not on active duty, and retired members are prohibited from wearing military uniforms at political campaign or election events.

Are federal employees subject to the Hatch Act?

However, employees who work on an occasional or irregular basis, or who are special government employees, as defined in title 18 U.S.C. § 202(a), are subject to the restrictions only when they are engaged in government business. Federal employees fall within two categories under the Hatch Act, Further Restricted and Less Restricted.

What are the penalties for violating the Hatch Act?

The penalty structure for violations of the Hatch Act by federal employees includes removal from federal service, reduction in grade, debarment from federal employment for a period not to exceed 5 years, suspension, reprimand, or a civil penalty not to exceed $1,000. 5 U.S.C. § 7326(2).

What is section 7324 of the District of Columbia Act?

A prior section 7324, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 525; Pub. L. 93–268, § 4 (a), Apr. 17, 1974, 88 Stat. 87, prohibited Executive agency employees and employees of the District of Columbia from influencing elections or taking part in political campaigns, prior to the general revision of this subchapter by Pub. L. 103–94.

author

Back to Top