OSC Issues Hatch Act Advisory Opinion to Address Federal Employees’ Activities after Election Day

November 04, 2020

Each presidential election year, OSC receives questions from federal employees about permissible and prohibited activities under the Hatch Act after Election Day. OSC today issued an advisory opinion

Each presidential election year, the U.S. Office of Special Counsel (OSC) receives questions from federal employees about permissible and prohibited activities under the Hatch Act after Election Day. To proactively address common questions, OSC today issued an advisory opinion that addresses such questions. For example, with a few exceptions, after Election Day the Hatch Act does not prohibit employees from wearing campaign items, like t-shirts or hats, and displaying candidate photographs while they are on duty, in the federal workplace, wearing an official uniform or insignia, or using a government vehicle. Similarly, expressing views about the election results or the presidential candidates is no longer considered prohibited political activity under the Hatch Act.

Please note that this opinion addresses only the Hatch Act, and employees should consult with their agency ethics officials about any other laws, rules, or regulations that may apply.

The full advisory opinion can be found here.