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Hatch Act Advisory Opinions

​Federal Advisory Opinions

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 Coverage

 

 

SGEs who work more than 130 days in a 365-day period
FAA Aviation Medical Examiners
Personal Services Contractors
American Red Cross AO - Redacted
Miscellaneous (e.g., Local Political Party Membership, Spouse Hosting Fundraiser in Home, etc.)
Fanny Mae and Freddy Mac Employees
National Disaster Medical System, Disaster Mortuary Operation Response Team Employees
Temporary Work Assignments to an Elected Official’s Office
Americorps Vista Volunteers
FEMA Disaster Assistance Employees
Temporary, Part-time, and Emergency Employees
SBA Disaster Reserve Specialists
Temporary Seasonal Employees Under a 1039 Appointment
Amtrak Employees
VA “Without Compensation” Appointments

 Candidacy/Holding Office

 

 

Seeking and Accepting a Judicial Appointment
Serving on a Redistricting Commission
Nonpartisan Election Becoming Partisan and Related Issues
Cross-filing in Elections
When Candidacy Begins
Nonpartisan Election Candidacy and Fundraising
Running or Serving as Chair of a Partisan Organization
Establishing or Holding Office Within a PAC
Running for Political Party Office
Being Appointed to a Public Office
Maintaining an Independent Candidacy When Running in a Designated Locality
Write-in Candidacy
Taking Preliminary Steps to Begin Candidacy
"Testing the Waters" to Begin a Candidacy
Candidacy in a Partisan Election
Assisting a Spouse’s Campaign
VA “Without Compensation” Appointments

 Nonpartisan Activity

 

 

Use of Administrative Leave to Participate in Nonpartisan Poll Activities
Black Lives Matter and the Hatch Act
Nonpartisan Election Becoming Partisan and Related Issues
Fundraising for an Organization that has a PAC
Nonpartisan Election Candidacy and Fundraising
Contacting Members of Congress Concerning Legislation or Workplace Issues
Circulating Petitions for Ballot Initiatives
Nonpartisan Voter Registration Drives in the Workplace
Wearing Anti-war or Nonpartisan Buttons in the Workplace
Maintaining an Independent Candidacy When Running in a Designated Locality
Serving as an Officer for an Organization that has a PAC

 On Duty/In Workplace

 

 

Hatch Act Advice on Workplace Discussions
Hatch Act Advice Now that Former President Trump is a Presidential Candidate
The Hatch Act and Activities after Election Day
Agency Hosting Lecture on Politically-Charged Topics
Hatch Act Advisory for Teleworking Employees
HA Advisory Opinion-Displaying Photographs of the President During a Reelection Campaign
Advocating Resistance and Impeachment at Work
Candidate Visits to Federal Agencies
Social Media Guidance
Further Restricted Employee Supporting Spouse Who is a Candidate
Partisan Items at Work after 2016 Election
Political Briefings in the Workplace
Mixed Travel by Presidential Appointees with Senate Confirmation (PAS)
Canvassing Residents and Other Political Activities in Government Housing
Miscellaneous (e.g., Bumper Stickers, Candidate Photographs, Agency News Clips, etc.)
Contacting Members of Congress Concerning Legislation or Workplace Issues
Circulating Petitions for Ballot Initiatives
Posting Candidates' Positions on Issues in the Workplace
Nonpartisan Voter Registration Drives in the Workplace
Union Conducting Voter Registration Drives after It Has Endorsed a Candidate
Voter Registration Drives in the Workplace
Wearing Anti-war or Nonpartisan Buttons in the Workplace
PAS Employees and Reimbursement of de minimis Political Expenses
Displaying Political Signs in Federal Housing
Making PAC Contributions through Salary Allotments
Updated June 2020
Current Guidance on President Trump's Reelection Status
Social Media and Email FAQs
Assisting a Spouse’s Campaign
Example of Email that Constitutes Political Activity

 Social Media & Email

 

 

Advocating Resistance and Impeachment at Work
Social Media Guidance
Further Restricted Employees' Use of Social Media
Miscellaneous (e.g., Bumper Stickers, Candidate Photographs, Agency News Clips, etc.)
Update
Updated June 2020
Current Guidance on President Trump's Reelection Status
Social Media and Email FAQs
Example of Email that Constitutes Political Activity

 Further Restricted Employees

 

 

Social Media Guidance
Further Restricted Employee Supporting Spouse Who is a Candidate
Further Restricted Employees' Use of Social Media
Further Restricted Employee Housing Campaign Volunteers
Further Restricted Employee's Membership in a Partisan Political Group
Updated June 2020
Social Media and Email FAQs

 Political Party Activities

 

 

Use of Administrative Leave to Participate in Nonpartisan Poll Activities
Political Briefings in the Workplace
Miscellaneous (e.g., Local Political Party Membership, Spouse Hosting Fundraiser in Home, etc.)
Canvassing Residents and Other Political Activities in Government Housing
Running or Serving as Chair of a Partisan Organization
Establishing or Holding Office Within a PAC
Soliciting Funds to Pay for Party Membership Fees
Running for Political Party Office
Further Restricted Employee's Membership in a Partisan Political Group
Making PAC Contributions through Salary Allotments

 Campaign Activities

 

 

Use of Administrative Leave to Participate in Nonpartisan Poll Activities
Further Restricted Employee Supporting Spouse Who is a Candidate
Serving as Campaign Treasurer
Mixed Travel by Presidential Appointees with Senate Confirmation (PAS)
Further Restricted Employee Housing Campaign Volunteers
Soliciting Volunteers for a Voter Protection Team
Nonpartisan Election Becoming Partisan and Related Issues
Miscellaneous (e.g., Local Political Party Membership, Spouse Hosting Fundraiser in Home, etc.)
Canvassing Residents and Other Political Activities in Government Housing
Union Conducting Voter Registration Drives after It Has Endorsed a Candidate
Voter Registration Drives in the Workplace
Maintaining an Independent Candidacy When Running in a Designated Locality
Retirement of Campaign Debt
Displaying Political Signs in Federal Housing
Assisting a Spouse’s Campaign

 Fundraising

 

 

Social Media Guidance
Further Restricted Employee Supporting Spouse Who is a Candidate
Serving as Campaign Treasurer
Nonpartisan Election Becoming Partisan and Related Issues
Miscellaneous (e.g., Local Political Party Membership, Spouse Hosting Fundraiser in Home, etc.)
Miscellaneous (e.g., Bumper Stickers, Candidate Photographs, Agency News Clips, etc.)
Fundraising for an Organization that has a PAC
Nonpartisan Election Candidacy and Fundraising
Running or Serving as Chair of a Partisan Organization
Establishing or Holding Office Within a PAC
Soliciting Funds to Pay for Party Membership Fees
Running for Political Party Office
Retirement of Campaign Debt
Serving as an Officer for an Organization that has a PAC
Updated June 2020
Social Media and Email FAQs

 Senate-Confirmed Appointees

 

 

Political Briefings in the Workplace
Mixed Travel by Presidential Appointees with Senate Confirmation (PAS)
PAS Employees and Reimbursement of de minimis Political Expenses

 Temporary, Part-time, and Irregular Employees

 

 

SGEs who work more than 130 days in a 365-day period
Uncompensated Special Government Employees (SGEs)
Miscellaneous (e.g., Local Political Party Membership, Spouse Hosting Fundraiser in Home, etc.)
National Disaster Medical System, Disaster Mortuary Operation Response Team Employees
FEMA Disaster Assistance Employees
Temporary, Part-time, and Emergency Employees
SBA Disaster Reserve Specialists
Temporary Seasonal Employees Under a 1039 Appointment

 Use of Official Authority

 

 

Agency Hosting Lecture on Politically-Charged Topics
Candidate Visits to Federal Agencies
Social Media Guidance
Serving as Campaign Treasurer
Soliciting Volunteers for a Voter Protection Team
Miscellaneous (e.g., Bumper Stickers, Candidate Photographs, Agency News Clips, etc.)
Establishing or Holding Office Within a PAC
Update
Updated June 2020
Social Media and Email FAQs

 Partisan Political Groups

 

 

Black Lives Matter and the Hatch Act
What is a partisan political group
MoveOn.org and the Hatch Act

​State/Local Advisory Opinions

 Accordion Control

 State & Local - Coverage

 

 

Hatch Act's Application to Employees of Private, Nonprofit Organizations
Definition of Salary under the Hatch Act Modernization Act of 2012
Education Exemption
Hatch Act Modernization Act Guidance for State and Local Employees

 State & Local - Candidacy/Holding Office

 

 

Elected Sheriffs Campaigning in Uniform
Hatch Act's Application to Employees of Private, Nonprofit Organizations
Use of Official Title by State and Local Employees Who Are Now Permitted to Be Candidates in Partisan Elections
Definition of Salary under the Hatch Act Modernization Act of 2012
California’s Voter-Nominated Primary Elections are Presumptively Partisan for Purposes of the Hatch Act
Elected Sheriffs Use of Title and Uniform for Campaign Purposes
Partisan vs. Nonpartisan Election
Education Exemption
Hatch Act Modernization Act Guidance for State and Local Employees

 State & Local - Nonpartisan Activity

 

 

Hatch Act's Application to Employees of Private, Nonprofit Organizations
Partisan vs. Nonpartisan Election

 State & Local - Campaign Activities

 

 

Elected Sheriffs Campaigning in Uniform
Hatch Act Advisory Opinion: Signing or Asking Others to Sign a Letter of Support for Sheriff’s Reelection
Hatch Act's Application to Employees of Private, Nonprofit Organizations
Use of Official Title by State and Local Employees Who Are Now Permitted to Be Candidates in Partisan Elections
Elected Sheriffs Use of Title and Uniform for Campaign Purposes

 State & Local - Fundraising

 

 

Elected Sheriffs Use of Title and Uniform for Campaign Purposes

 State & Local - Use of Official Authority

 

 

Elected Sheriffs Campaigning in Uniform
Hatch Act Advisory Opinion: Signing or Asking Others to Sign a Letter of Support for Sheriff’s Reelection
Hatch Act's Application to Employees of Private, Nonprofit Organizations
Use of Official Title by State and Local Employees Who Are Now Permitted to Be Candidates in Partisan Elections
Elected Sheriffs Use of Title and Uniform for Campaign Purposes