WASHINGTON, D.C./September 25, 2026 – The U.S. Office of Special Counsel (OSC) has completed a Hatch Act assessment and issued an advisory opinion here as to whether federal agency communications during the 2025 “government shutdown” stating, among other things, that “Democrats” or “Democrat-led” actors caused or prolonged the shutdown violate the Hatch Act. OSC’s investigation revealed that no disciplinary action is warranted because federal employees reasonably relied on a 2024 OSC Advisory regarding reference to political parties.
Today, OSC’s new advisory clarifies the scope and limits of that 2024 advisory. OSC has appended the 2024 advisory to the advisory issued today because they should be read in conjunction.
Federal employees may contact OSC when faced with communication referencing a political party that might violate the Hatch Act. Email HatchAct@osc.gov or call 800-85-HATCH (800-854-2824).