| May I be a candidate in a partisan primary election? | No. Federal employees may not be candidates for election to a partisan political office. Any office for which candidates are selected via a partisan primary is a partisan political office.
| Hatch Act; Federal Employees; Candidacy ＆ Elections | 102 | OSC FAQ |
| What occurs during a mediation session? | Mediation is a facilitated conversation between the parties. The mediator serves as a neutral who guides parties through the process. The mediator is not a decision-maker or an advocate for either side. Instead, the mediator assures that both sides have an opportunity to express their needs and concerns; explore relevant facts, issues, emotions, and relationships; and generate ideas toward a mutually acceptable resolution. The parties usually meet together with the mediator and communicate directly with each other. Often the parties also meet individually with the mediator to discuss confidentially the issues and possible resolutions that could meet both parties' needs. Each party retains control and decides whether to settle; no one can force a party to agree to a settlement. If the parties agree to settlement terms, they draft and sign an agreement. If a party is not represented by an attorney, he or she may review a draft agreement with an attorney before signing. | Alternative Dispute Resolution | 4 | OSC FAQ |
| A Hatch Act complaint has been filed against me, can I find out who filed it? | As a general matter, OSC staff may not disclose the name of the person who filed a Hatch Act complaint. OSC’s program files, including Hatch Act complaints, contain personal or sensitive information, which is generally protected from release under the Freedom of Information Act. Release of the names of individuals who have reported suspected Hatch Act violations is generally considered to be an unwarranted invasion of privacy that could interfere with OSC’s law enforcement efforts by subjecting such individuals, on whom OSC relies to report potential violations, to possible harassment or reprisal for doing so. For more information about this policy please refer to
1/26/2004 Policy Statement on Disclosure of Information from OSC Program Files (OSC49a).
| Hatch Act; General | 6 | OSC FAQ |
| A Hatch Act complaint has been filed against me. Can I find out who filed it? | As a general matter, OSC staff may not disclose the name of the person who filed a Hatch Act complaint. OSC's program files, including Hatch Act complaints, contain personal or sensitive information, which is generally protected from release under the Freedom of Information Act. Release of the names of individuals who have reported suspected Hatch Act violations is generally considered to be an unwarranted invasion of privacy that could interfere with the OSC's law enforcement efforts by subjecting such individuals, on whom OSC relies to report potential violations, to possible harassment or reprisal for doing so. For more information about this policy please refer to
1/26/2004 Policy Statement on Disclosure of Information from OSC Program Files (OSC49a).
| Hatch Act; Federal Employees | | OSC FAQ |
| A political party is hosting a “meet and greet” luncheon for a partisan political candidate. The event is not a fundraiser, but tickets cost $20 to cover room rental and catering. May an employee sell tickets to the event or collect the $20 from attendees | No. The Hatch Act prohibits federal employees from soliciting, accepting or receiving political contributions. A political contribution is defined as any gift, subscription, loan, advance, or deposit of money or anything of value, made for the purpose of promoting or opposing a political party, candidate for partisan political office, or partisan political group. 5 C.F.R. § 734.101. The purpose of the luncheon is to promote a candidate who is running for partisan political office. Accordingly, contributions made to help cover the costs of the luncheon constitute political contributions for purposes of the Hatch Act. Because the Hatch Act prohibits employees from soliciting or accepting political contributions, the Act would prohibit a federal employee from soliciting or accepting contributions to help pay for the cost of the luncheon.
| Hatch Act; Federal Employees; Fundraising | 62 | OSC FAQ |
| Are all employees, former employees, or applicants for employment in the federal government able to file a disclosure? | No. OSC does not have jurisdiction over disclosures filed by:
- Employees of the U.S. Postal Service and the Postal Regulatory Commission;
- Members of the armed forces of the United States (i.e., non-civilian military employees);
- State employees operating under federal grants;
- Other employees or federal agencies exempt by federal law; and
- Congressional or judicial branch employees
Certain disclosures that involve foreign intelligence or counterintelligence information must be transmitted immediately by the Special Counsel to the National Security Advisor and congressional intelligence committees.
| Disclosure of Wrongdoing | 5 | OSC FAQ |
| Are all federal employees covered by the Hatch Act? | No. For purposes of the Hatch Act, the term "federal employee" means any individual, other than the President and the Vice President, employed or holding office in one of the following: 1) "an Executive agency other than the Government Accountability Office"; or, 2) "a position within the competitive service which is not in an Executive agency." 5 U.S. Code § 7322. Additionally, under the Hatch Act, the term "federal employee" does not include "a member of the uniformed services or an individual employed or holding office in the government of the District of Columbia. "
| Hatch Act; Federal Employees; Who is Covered? | 73 | OSC FAQ |
| Are federal executive agency employees who are detailed to the legislative branch still covered by the Hatch Act? | Yes.
The Hatch Act defines employee as “any individual, other than the President and
the Vice President, employed or holding office in: an Executive agency other
than the Government Accountability Office . . . .” 5 U.S. Code § 7322. Thus, an employee detailed to the
legislative branch remains an employee as defined by the Hatch Act. As such, an
employee detailed to the legislative branch remains covered by the Hatch Act
and subject to the Act’s restrictions on political activity. | Hatch Act; Federal Employees; Who is Covered? | 76 | OSC FAQ |
| Are government corporations subject to the Section 2302 requirements and required to complete certification? | Under 5 U.S.C. § 2302(a)(c)(i), employees of government corporations are covered by the two retaliation prohibitions [5 U.S.C. § 2302(b)(8), (b)(9)], while most other federal employees are covered by all 14 prohibited personnel practices. Therefore, government corporations are required to certify, but only with respect to the retaliation prohibitions. | Outreach Training | 5 | OSC FAQ |
| Are organizations that are tax-exempt under section 501(c)(4) of the Internal Revenue Code (501(c)(4) organizations) partisan political groups? | Possibly. Many 501(c)(4) organizations, or “social welfare organizations," work primarily or exclusively on issue advocacy, in which case OSC would generally not find them to be partisan political groups. Others, however, engage in some political activity, i.e., activity directed toward the success or failure of a political party, partisan political group, or candidate for partisan political office. In some cases, OSC has found that the amount of political activity a 501(c)(4) organization engages in is so extensive that the organization is a partisan political group for purposes of the Hatch Act.
For example, OSC has previously concluded that when a 501(c)(4) organization and a political action committee operate collectively under a single brand identity, engage in political activity under that shared identity, and also share an executive director, logo, website, and social media accounts, then that 501(c)(4) organization is a partisan political group. In other cases, OSC might conclude that a 501(c)(4) organization operating independently is a partisan political group if, for example, it spends its resources on political activity, prominently advertises that political activity, and has indicated on government filings that it engages in political activity. Such determinations are made on a case-by-case basis.
Even if OSC concludes that a 501(c)(4) organization is not a partisan political group, employees should still be cautious about engaging in any 501(c)(4)-related activity while at work. This is because some 501(c)(4) organizations that are not partisan political groups may still engage in some political activity, such as by endorsing a candidate for partisan political office. Because the endorsement meets the Hatch Act's definition of political activity, the Hatch Act would prohibit an employee from, for example, sharing a press release announcing that endorsement while the employee is on duty or in the workplace.
| Hatch Act; Federal Employees; Participation in Political Party or Campaign Activities | 5 | OSC FAQ |
| Are unpaid student interns covered by the Hatch Act? | No. Pursuant to 5 U.S.C. § 3111(c)(1), an unpaid student intern is not considered a federal employee for any purpose other than those specifically listed therein, of which the Hatch Act is not one. Accordingly, because unpaid student interns are not federal employees, they are not covered by the provisions of the Hatch Act. | Hatch Act; Federal Employees; Who is Covered? | 66 | OSC FAQ |
| Can a federal employee display in his office a photograph of his spouse or child even if the spouse or child is a candidate in an election for partisan political office? | Yes. The Hatch Act does not prohibit a federal employee from displaying photographs of a spouse or child even if the spouse or child is currently running for partisan political office, provided the photograph is not a campaign photograph.
| Hatch Act; Federal Employees; Activity in the Workplace | 14 | OSC FAQ |
| Can a state, D.C., or local employee be covered by the Hatch Act even if his/her salary is not federally funded? | Yes, on questions of coercion or use of official authority (but not on the candidacy prohibition).
The Merit Systems Protection Board has held that the test of whether an employee is covered by the Hatch Act is whether, as a normal and foreseeable incident of his principal employment, the employee performs duties in connection with an activity financed in whole or in part by federal funds. Special Counsel v. Gallagher, 44 M.S.P.R. 57, 61 (1990). If an employee meets this standard, the source of the employee’s salary is irrelevant. See Special Counsel v. Williams, 56 M.S.P.R. 277, 283-84 (1993), aff’d, Williams v. M.S.P.B., 55 F.3d 917 (4th Cir. 1995). | Hatch Act; State, Local, and Nonprofit Employees; Who is Covered? | 39 | OSC FAQ |
| Can a witness or subject official have a legal representative? | Yes. As a witness or a subject in an OSC investigation, you may choose to have an attorney present at the OSC investigative interview. Witnesses, because they are not the persons responsible for the actions at issue in the PPP complaint, generally do not need legal counsel to advise them when they respond to OSC's questions. If, however, you have been identified as a subject of the investigation, i.e., you may be responsible for the personnel actions at issue, under some circumstances you could be subject to disciplinary action, and you may wish to have legal counsel at the interview. Please note that you are responsible for arranging for your own legal counsel. OSC will not recommend, designate, or arrange for representation for any witness or subject official. We will permit a reasonable amount of time to arrange for representation. | Prohibited Personnel Practices | 37 | OSC FAQ |
| Can federal agencies discipline their employees for violating an internal e-mail or computer policy even though OSC is also investigating the same activity for a Hatch Act violation? | Yes. OSC has exclusive jurisdiction to investigate and prosecute complaints alleging a violation of the Hatch Act. 5 C.F.R. § 734.102. Thus, while a federal agency may discipline an employee for violating an internal policy, such action by the agency does not preclude OSC from also investigating and/or prosecuting the matter.
| Hatch Act; Federal Employees; Activity in the Workplace | 21 | OSC FAQ |
| Can I attend a state or national party convention? If so, in what capacity? | Less Restricted Employees: Yes. A federal employee may serve as a delegate, alternate, or proxy to a state or national party convention. Further Restricted Employees: A further restricted employee may attend a party convention as a spectator, but the employee may not serve as a delegate or proxy, or address the convention, for example, to promote or oppose a candidate.
| Hatch Act; Federal Employees; Participation in Political Party or Campaign Activities | 87 | OSC FAQ |
| Can I be a candidate in a partisan election? | Generally, federal employees may not be candidates in partisan elections. However, the Office of Personnel Management (OPM) has promulgated a federal regulation designating specific localities where federal employees residing there may be independent candidates in local partisan elections. The localities listed in the regulation are those where the majority of voters are federal employees or where special circumstances exist such that it is in the domestic interest to permit federal employees to run for local partisan political office. OPM’s list of designated localities can be found at 5 C.F.R. § 733.107.
Employees who live in a designated locality must
ensure that they maintain an independent candidacy when running for local
partisan political office in that designated locality. See OSC’s advisory
opinion here
for additional information.
| Hatch Act; Federal Employees; Candidacy ＆ Elections | 78 | OSC FAQ |
| Can I be appointed to partisan political office? | Yes. Federal employees may be appointed to a partisan political office. Although the Hatch Act prohibits federal employees from being candidates in partisan elections, it does not prohibit them from holding partisan elective office. Thus, the Hatch Act does not prohibit a federal employee from being appointed to a partisan elective office. The federal employee, however, may not seek to retain the position by way of a partisan election without first resigning from federal employment.
| Hatch Act; Federal Employees; Candidacy ＆ Elections | 82 | OSC FAQ |
| Can I be appointed to public office? | Yes. The Hatch Act does not prohibit a covered employee from being appointed to a partisan political office. However, if the employee's salary is entirely federally funded, the employee would be prohibited from seeking election to that office. | Hatch Act; State, Local, and Nonprofit Employees; Candidacy ＆ Elections | 48 | OSC FAQ |
| Can I display a picture of a candidate for partisan political office in my workspace? | Because section 7324 of the Hatch Act prohibits federal employees from engaging in political activity while on duty or in a federal building, the Act generally would prohibit employees from displaying pictures of candidates for partisan public office in the federal workplace.
5 C.F.R. § 734.306, Example 16. However, we advise that an employee would not be prohibited from having a photograph of a candidate in his office if all of the following apply: the photograph was on display in advance of the election season; the employee is in the photograph with the candidate; and the photograph is a personal one (i.e., the employee has a personal relationship with the candidate and the photograph is taken at some kind of personal event or function, for example, a wedding, and not at a campaign event or some other type of partisan political event). Of course, an employee must not have a political purpose for displaying the photograph, namely, promoting or opposing a political party or a candidate for partisan political office.
| Hatch Act; Federal Employees; Activity in the Workplace | 7 | OSC FAQ |
| Can I file a PPP complaint anonymously at OSC? | Yes. Anonymous complaints are acceptable. However, because we cannot contact an anonymous complainant to obtain additional information, such cases pose substantial investigative challenges. If you want to file a PPP complaint anonymously, you are encouraged to provide a detailed description of the nature of your complaint, including, where possible, names and dates. Alternatively, you may want to review the consent options included on form OSC-11, which give complainants the option of selecting from among three levels of confidentiality. This choice may alleviate some of the concerns you have about providing your name in a PPP complaint against your federal agency.
| Prohibited Personnel Practices; Filing Complaints | 11 | OSC FAQ |
| Can I get the documents OSC obtains from the agency as part of its investigation? | Generally, no. OSC is an investigative and prosecutorial agency. As such, the contents of our case files are usually subject to withholding under the Freedom of Information Act (FOIA). Most case file records are withheld, in whole or in part, on the basis of four of the FOIA's nine exemptions. For more details, please consult our FOIA page.
| Prohibited Personnel Practices | 43 | OSC FAQ |
| Can I have a screen saver on my computer or a picture in my office with a political message (e.g., a campaign sign, campaign logo, etc.)? | No. Covered employees may not engage in political activity while on duty, in a government office or building, in uniform, or in a government vehicle. Displaying campaign material qualifies as political activity.
| Hatch Act; Federal Employees; Activity in the Workplace | 9 | OSC FAQ |
| Can I help organize a political fundraiser? |
Less Restricted Employees: Although the Hatch Act would prohibit an employee from hosting or serving as a point of contact for a fundraiser, the employee is allowed to help organize a fundraiser. For example, the employee could stuff envelopes, set up tables for the event, select the menu, or hire entertainment. However, the employee must not personally solicit, accept, or receive political contributions.
Further Restricted Employees: No, you may not organize a political fundraiser. | Hatch Act; Federal Employees; Fundraising | 56 | OSC FAQ |
| Can I hold party office? | Less Restricted Employees: Yes. While the Hatch Act prohibits a federal employee from being a candidate for public office in a partisan election, the Act does not prohibit an employee from being a candidate for party office. Thus, you may run for and hold office within a political party. Further Restricted Employees: No. Because a further restricted employee may not take an active part in partisan political management, you may not run for or hold party office.
| Hatch Act; Federal Employees; Participation in Political Party or Campaign Activities | 86 | OSC FAQ |
| Can I make a contribution to the campaign of a partisan candidate, or to a political party or organization? | Yes. A federal employee may contribute to the campaign of a partisan candidate, or to a political party or organization, provided the employee does not do so while on duty or in the federal workspace.
| Hatch Act; Federal Employees; Fundraising | 94 | OSC FAQ |
| Can I participate in a “tiered” political fundraiser where, for an additional contribution amount, attendees can meet with me, take a picture with me, or otherwise receive a special benefit related to my participation? | Less Restricted Employees: No. While a less restricted employee may be a guest speaker at a political fundraiser, provided the employee is off duty, appears only in a personal capacity, and does not solicit political contributions, a less restricted employee may not participate in a “tiered" fundraiser where the employee is directly linked to the fundraising effort. In other words, tiered contribution schemes typically use the employee as an enticement for donors to make additional contributions in return for special access to the employee. An employee's grant of special access to donors in exchange for an additional contribution is akin to the employee soliciting the contribution. Thus, such an exchange violates the Hatch Act's prohibition against soliciting, accepting, or receiving political contributions.
Further Restricted Employees: No, because further restricted employees may not be guest speakers at, or otherwise take an active part in, political fundraisers.
| Hatch Act; Federal Employees; Fundraising | 100 | OSC FAQ |
| Can I put a campaign sign in my front yard? | Less Restricted Employees: Yes. A less restricted employee may place in his or her front yard a sign or banner supporting a partisan political candidate. Further Restricted Employee: Yes. A further restricted employee may place in his or her front yard a sign or banner supporting a partisan political candidate. | Hatch Act; Federal Employees; Participation in Political Party or Campaign Activities | 88 | OSC FAQ |
| Can I run for public office if I file as both a Republican and a Democratic candidate? | No. An employee whose salary is entirely federally funded may not be a candidate for public office in a partisan election, i.e., an election in which any candidate represents, for example, the Republican or Democratic Party. A candidate who cross-files as both a Democrat and Republican is viewed as representing both parties. Therefore, an election in which candidates are permitted to cross-file is a partisan election under the Act. | State, Local, and Nonprofit Employees; Candidacy ＆ Elections | 46 | OSC FAQ |
| Can I serve as a treasurer for a political action committee (PAC) or as the treasurer for someone’s campaign? |
Less Restricted Employees: It depends. Federal employees may actively participate in partisan political campaigns and partisan political management to the extent not expressly prohibited by the Hatch Act. Thus, an employee may serve as treasurer for a partisan political campaign or other partisan political group, provided he does not solicit, accept, or receive political contributions from any person (or engage in any other of the Act's prohibited activities). For example, an employee serving as the treasurer of a partisan political campaign may not allow his name to appear anywhere on a letter soliciting political contributions for an organization, party, or candidate, including in the letterhead of such a letter. Some states require the campaign treasurer's name to appear on all campaign materials, including solicitations. Thus, an employee living in one of those states would be prohibited from serving as a campaign treasurer. He could, however, hold another position within the campaign if the duties of which would not entail activities prohibited by the Hatch Act.
Further Restricted Employees: No.
Further restricted employees may not take an active part in partisan political management or partisan political campaigns. Thus, they may not hold office in any partisan political organization or work for a partisan political campaign in any capacity. Accordingly, an employee who is
further restricted under the Act may not serve as a treasurer for a PAC or for a candidate's partisan political campaign, regardless of whether the position would entail soliciting, accepting, or receiving political contributions. | Hatch Act; Federal Employees; Candidacy ＆ Elections | 93 | OSC FAQ |
