Hatch Act FAQs

As a general matter, OSC staff may not disclose the name of the person who filed a Hatch Act complaint. OSCs 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 OSCs 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).

AHatch Act investigation is an administrative matter. Hatch Act matters areadjudicated before the Merit Systems Protection Board, which is an administrative agency.

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.

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. "

Yes.

No.

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 Acts restrictions on political activity.

Less Restricted Employees: The Hatch Act does not prohibit a less restricted employee from serving as a presidential elector. Presidential electors are selected by a political party to vote in the Electoral College for that party's nominees for president and vice president. Electors do not have any role in government other than casting their electoral vote. Thus, electors hold positions within a political party, rather than elected positions within the government, which is permissible for less restricted employees.

Apartisan political election is one in which any candidate is to be nominated orelected as representing a party any of whose candidates for Presidentialelector received votes in the last preceding election at which Presidentialelectors were selected, but does not include any office or position within apolitical party or affiliated organization. Examples of political parties thatreceived votes in the last Presidential election are the Democratic,Republican, Libertarian, and Green Parties. Thus, a partisan election is one inwhich any candidate is to be nominated or elected as representing a politicalparty. An election is partisan even if only one candidate represents apolitical party and the others do not. The prohibition against being a candidate in a partisan election does not include running for an office or position within a political party or affiliated organization.However, note that employees who are further restricted under the Hatch Act may not hold a position or office in a political party or affiliated group because the Act prohibits them from taking an active part in partisan political management.

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. OPMs list of designated localities can be found at 5 C.F.R. 733.107.

Generally,federal employees may not be candidates in partisan elections, even if they runas political independents. Only those federal employees, including furtherrestricted employees, residing in localities specifically designated by theOffice of Personnel Management (OPM) may run as independents in local electionsthat are otherwise partisan. OPMs list of designated localities can be foundat 5 C.F.R. 733.107.

No.
The exception allowing federal employees who reside in designated localities tobe independent candidates in partisan elections applies only to elections forlocal offices in the locality where the employee resides. Thus, an employee residingin a designated locality may not be a candidate for state office, if theelection is partisan.

Yes.Although the Hatch Act prohibits federal employees from being candidates inpartisan elections, it does not prohibit them from holding partisan electiveoffice. Thus, if an individual holds elected office when he becomes employed bythe federal government, he may serve out the remainder of his term. Likewise, afederal employee may be appointed to fill a vacancy in a partisan electiveoffice. In both of these situations, however, the federal employee may not seekto retain the position by way of a partisan election.

Yes.Federal employees may be appointed to a partisan political office. Although theHatch Act prohibits federal employees from being candidates in partisanelections, it does not prohibit them from holding partisan elective office.Thus, the Hatch Act does not prohibit a federal employee from being appointedto a partisan elective office. The federal employee, however, may not seek toretain the position by way of a partisan election without first resigning fromfederal employment.

A nonpartisan election is one in which none of the candidates is to be nominatedor elected as representing a political party any of whose candidates forPresidential elector received votes in the last preceding election at whichPresidential electors were selected. 5 C.F.R. 734.101. Examples of politicalparties that received votes in the last Presidential election are theDemocratic, Republican, Libertarian, and Green Parties. The Hatch Act does notprohibit covered employees from being candidates in nonpartisan elections.

Anemployee who is a candidate for public office in a nonpartisan election is notbarred by the Hatch Act from soliciting, accepting, or receiving politicalcontributions for his or her own campaign.

Becausethe election is nonpartisan, the Hatch Act would not prohibit you from usingyour official title in your campaign materials. However, you should check withyour agency ethics official about other rules or regulations that may governsuch activity.

Less Restricted Employees: Yes, less restricted employees may volunteer for a partisan candidate's campaign. Less restricted employees are permitted to participate in political activities to the extent not expressly prohibited by the Hatch Act. Examples of permitted activities that constitute political campaigning include: initiating or circulating nominating petitions; canvassing votes in support of or in opposition to a partisan political candidate; endorsing a partisan political candidate; attending and being active at political rallies and meetings; distributing campaign literature; and taking an active part in managing a partisan candidate's political campaign.

Less Restricted Employees: Yes. A less restricted employee may stand outside a polling place on Election Day and hand out brochures on behalf of a partisan political candidate or political party.

Less Restricted Employees: Yes. A less restricted employee may endorse or oppose a partisan political candidate or a candidate for political party office in a political advertisement, broadcast, campaign literature, or similar material.

Less Restricted Employees: Yes. The Hatch Act applies to federal civilian employees so long as they are employed by an executive branch agency. The only prohibition that is affected by an employee's leave status is 5 U.S.C. 7324(a)(1): an employee may not engage in political activity while they are on duty. Because an employee is not on duty while they are on leave, this prohibition would not apply. However, while on leave, the employee remains subject to the other prohibitions in the Hatch Act. Thus, an employee on leave is still prohibited from engaging in political activity while in a government building, wearing an official uniform or insignia, or using a government vehicle. 7324. Moreover, while the Act permits less restricted employees to actively participate in partisan political management and partisan political campaigns, those employees are nevertheless prohibited, at all times, from using their official authority or influence for the purpose of affecting the result of an election; knowingly soliciting, accepting, or receiving political contributions from any person; being candidates for public office in partisan elections; and knowingly soliciting or discouraging the political activity of any individual with business before the employee's agency. 7323(a)(1)-(4).

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.

Less Restricted Employees: Generally yes. The Hatch Act does not prohibit a less restricted federal employee from performing purely nonpartisan election administration duties on behalf of a state or local government, such as by serving as a municipal or county poll worker. Performing such duties is not political activity" as defined in 5 C.F.R. 734.101. However, other laws or regulations may apply. Therefore, employees should consult with an agency ethics official to determine whether there are any other possible restrictions on serving as a poll worker on behalf of a state or local government, including whether employees may accept compensation for such service.

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.

Generally not. The Hatch Act prohibits employees from being candidates for election to a partisan political office. A partisan political office" is one for which any candidate is nominated or elected as representing a political party. Thus, if any candidates are nominated by a political partyand even if a federal employee is notthen the election is for a partisan political office.

Possibly. If political parties are not involved in the election, then the Hatch Act does not prohibit an employee from running in a nonpartisan election.

No. Under governing case law, an election is for a partisan political office if any candidate works in concert with a party to promote the candidate's campaign. Accordingly, even if an employee is not endorsed by a party, an employee may not, for example: coordinate mailers, canvassing, or other campaign events with the party; accept volunteer or logistical support from a party; or seek and advertise the endorsement of party-affiliated groups, such as a party executive committee.

Partisan political groups are defined in the Hatch Act as those groups that (1) are affiliated with a political party or candidate for public office in a partisan election, (2) are organized for a partisan purpose, or (3) engage in partisan political activity. Under (1), any organization that is recognized by a national or state political party as a club, auxiliary, authorized committee, or other affiliated organization is a partisan political group. Under (2), any organization formed to support or oppose one or more political partiesor a party's candidates for partisan political officeis a partisan political group. As for (3), OSC evaluates organizations on a case-by-case basis. When doing so, OSC considers several factors including, but not limited to, the following: the organization's stated purpose, as reflected in its bylaws or charter, on its website, and in its other public materials; whether the organization expends its resources on political activity; whether the organization prominently advertises its political activity; the relationship between the organization and its affiliates, if any, that engage in political activity, such as whether they share a website, staff, or office space; and whether the organization has indicated on any government filings that it engages in political activity.

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.

Less Restricted employees: No. The Hatch Act prohibits 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. The purpose of being a delegate to a party's convention is to vote for and support a particular candidate as the nominee of that party. Accordingly, contributions made to a delegate to help cover the costs of attending the national convention 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 costs of attending a party convention as a delegate.

LessRestricted 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.

Less Restricted Employees: Yes. A federal employee may serve as a delegate, alternate, or proxy to a state or national party convention.

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.

No. A manager or supervisor may not authorize paid administrative leave for the express or understood purpose of allowing an employee to perform paid or volunteer work for a political party, partisan political group, or candidate for partisan political office. Doing so would, in effect, create a taxpayer-funded campaign staff. That strikes at one of the core principles of the Hatch Act, namely that the power of the federal government should not be used to create an unstoppable political machine." H.R. Rep. No. 103-16, 8 (1993).

Less Restricted Employees: Yes, but not while on duty, in the federal workplace, or when wearing an agency uniform or insignia. Because less restricted employees are permitted to run for a political party office, the Hatch Act does not prohibit less restricted employees from soliciting, accepting, or receiving contributions to finance a campaign for political party office. However, because running for political party office is still viewed as political activity," employees may not engage in any campaign-related activitiesincluding soliciting, accepting, or receiving contributionswhile on duty, in the federal workplace, or wearing an agency uniform or insignia.

Less Restricted Employees: Yes, subject to some restrictions. The Hatch Act does not categorically prohibit less restricted employees from taking an active partincluding by holding a leadership positionwith a political party, partisan political group, or the campaign of a candidate for partisan political office. However, employees serving in such a position must otherwise comply with the Hatch Act. This means that employees may not engage in any political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle. Employees also may not use their official authority or influence to interfere with or affect the result of an electionsuch as by asking a subordinate to support a political party, partisan political group, or candidate for partisan political officeor solicit, accept, or receive political contributions. If you have questions about a specific political activity, you may contact OSC to obtain further guidance.

Less Restricted Employees: Yes, unless the letterhead is used to solicit political contributions. Because the Hatch Act prohibits an employee from soliciting, accepting, or receiving political contributions, an employee's name may not appear on letterhead soliciting such contributions. For more information on political contributions see the Fundraising section of these FAQs.

Less Restricted Employees: Yes. While the Hatch Act prohibits an employee from soliciting, accepting, or receiving political contributions, it does not prohibit employees from handling or accounting for funds already received by a political party or campaign. Less restricted employees are similarly not prohibited from signing checks on behalf of a political party or campaign.

No. The Hatch Act prohibits federal employees from soliciting or receiving political contributions, which includes inviting individuals to political fundraising events, at any time.

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.

No. An employee's name may not be shown on an invitation to such a fundraiser as asponsor or point of contact.

Less Restricted Employees: A less restricted employee is allowed to give a speech or keynote address at a political fundraiser, as long as he or she is not on duty, appears only in his or her personal capacity, and does not solicit political contributions.

An employee's name can be shown as a guest speaker. However, the reference shouldnot in any way suggest that the employee solicits or encourages contributions.Invitations to the fundraiser may not include the employee's official title;although an employee who is ordinarily addressed with a general term of addresssuch as "The Honorable" may use, or permit the use of, that term ofaddress on the invitation.

Yes.Hatch Act coverage is not transferred to spouses or family members. Therefore,as long as your spouse is not covered by the Hatch Act because of his or herown employment, then he or she may host a fundraiser.

Less Restricted Employees: Yes, but only in a limited capacity. The Code of Federal Regulations states that a federal "employee may help organize a fundraiser including supplying names for the invitation list as long as he or she does not personally solicit, accept, or receive contributions." 5 C.F.R. 734.208, example 9. By its very nature, a fundraiser is organized to solicit, accept, and receive contributions.

Less Restricted employees: No. The Hatch Act prohibits 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. The purpose of being a delegate to a party's convention is to vote for and support a particular candidate as the nominee of that party. Accordingly, contributions made to a delegate to help cover the costs of attending the national convention 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 costs of attending a party convention as a delegate.

Yes.The Hatch Act prohibits employees from soliciting, accepting, or receivingpolitical contributions at all times. Thus, even when an employee is off dutyand away from the workplace, he may not fundraise for a political party,candidate for partisan political office, or partisan political group. For example,the Hatch Act prohibits an employee from sending or forwarding an e-mail thatsolicits political contributions, even when the employee is at home and offduty.

Yes, in one limited circumstance. Although the Hatch Act prohibits federal employees from soliciting or receiving political contributions at any time, a federal employee who is a member of a union that has a political action committee (PAC) may solicit or receive a contribution from another member of the same union, as long as (1) the contribution is for the union PAC; (2) the other member is not a subordinate; and (3) the activity does not take place while the employee is on duty or in the federal workplace.

Yes.A federal employee may contribute to the campaign of a partisan candidate, orto a political party or organization, provided the employee does not do sowhile on duty or in the federal workspace.

No.Inviting subordinate employees to a political fundraiser would violate at leasttwo provisions of the Hatch Act. First, inviting other individuals to apolitical fundraiser would violate the Acts prohibition against soliciting, accepting,or receiving political contributions, even if the supervisory employee does notexpressly ask the individuals to contribute money. Second, inviting subordinateemployees to any political event would violate the Acts prohibition againstusing ones official authority or influence to affect the result of anelection. Such conduct is inherently coercive, and violates the Act even if thesupervisory employee does not threaten to penalize subordinates who do notattend or promise to reward those who do attend. Finally, inviting subordinatesto a political fundraiser while at work would violate the Acts prohibition
against engaging in political activity while on duty or in a federal buildingor vehicle.

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.

No. Federal employees may not engage in political activity while on duty or in the workplace. This restriction prohibits employees from wearing partisan political buttons or T-shirts while on duty or in the workplace. It similarly prohibits employees from wearing face masks, face shields, gloves, or other PPE that feature, for example, a picture of a candidate for partisan political office, a campaign slogan, or the name or logo of a political party.

Because section 7324 of the Hatch Act prohibits federal employees from engaging inpolitical activity while on duty or in a federal building, the Act generallywould prohibit employees from displaying pictures of candidates for partisanpublic 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 aphotograph of a candidate in his office if all of the following apply: thephotograph was on display in advance of the election season; the employee is inthe photograph with the candidate; and the photograph is a personal one (i.e.,the employee has a personal relationship with the candidate and the photographis 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). Ofcourse, an employee must not have a political purpose for displaying thephotograph, namely, promoting or opposing a political party or a candidate forpartisan political office.

No. Covered employees may not engage in political activity while on duty, in agovernment office or building, in uniform, or in a government vehicle. Wearingor displaying candidate, political party,or political group materials while onduty or in your work space qualifies as political activity. This prohibitionextends to wearing or displaying such items in, for example, the cafeteria,lobby, or on-site gym of a federal building.

No. Covered employees may not engage in political activity while on duty, in agovernment office or building, in uniform, or in a government vehicle.Displaying campaign material qualifies as political activity.

Yes. An employee is allowed to park his or her privately owned vehicle with a bumpersticker in a government lot or garage. An employee may also park the car with abumper sticker in a private lot or garage for which the employee receives asubsidy from his or her agency.

No. Some federal agencies allow employees to listen to the radio while they are atwork. Merely listening to a radio program that is discussing politics while inthe federal workplace, without more, is not a Hatch Act violation. Similarly,merely reading a book about politics or political candidates while in thefederal workplace, without more, is not a Hatch Act violation. However,employees should make certain that the federal agency where they work does nothave any internal policies prohibiting its employees from generally engaging inany of these activities while at work(i.e., listening to the radio, reading).

No. Watching, or allowing the broadcast of, stations such as Fox News or MSNBC inthe federal workplace, without more, does not violate the Hatch Act. Thus,while some federal agencies may have televisions located in lobbies or otherpublic areas within a federal workplace that are tuned to such stations theHatch Act does not prohibit them from doing so.

An employee covered by the Hatch Act may not engage in political activity while on duty, in a government room or building, while wearing an official uniform, or using a government vehicle. 5 U.S.C. 7324. Political activity is defined as activity directed toward the success or failure of a political party, candidate for a partisan political office, or partisan political group. 5 C.F.R. 734.101.

Yes.The Hatch Act does not prohibit a federal employee from displaying photographsof a spouse or child even if the spouse or child is currently running forpartisan political office, provided the photograph is not a campaignphotograph.

A partisan political email is an email that is directed at the success or failure of a partisan group or candidate in a partisan race.

Yes. Simply receiving a partisan political email while at work, whether to a personal or government email account, without more, does not violate the Hatch Act. However, federal employees must not send or forward partisan political emails to others while on duty or in the workplace.

Yes. If a federal employee receives a partisan political email in his government email account, she may send that email to her personal email account while at work. Simply forwarding such an email to ones personal email account, without more, does not violate the Hatch Act.

No. A federal employee cannot send or forward a partisan political email from either his government email account or his personal email account (even using a personal device) while at work.

Less Restricted Employees: Yes, but with some limitations. Federal employees are permitted to express their opinions privately and publicly on political subjects and participate in political activities to the extent not expressly prohibited by the Hatch Act. The Act expressly prohibits federal employees (except certain employees appointed by the President with the advice and consent of the Senate and some employees paid from an appropriation for the Executive Office of the President) from engaging in political activity while on duty, in a federal building, or in a government vehicle. In addition, federal employees may not use their official authority or influence to interfere with the result of an election or solicit, accept, or receive political contributions at any time.

Yes. Officials of labor organizations who have been given official time to perform representational duties are still considered to be "on duty" for purposes of the Hatch Act. Therefore, they may not engage in political activity while on official time to perform representational duties.

Yes. OSChas exclusive jurisdiction to investigateand 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 violatingan internal policy, such action by the agency does not preclude OSC from alsoinvestigating and/or prosecuting the matter.

The Hatch Act does not prohibit federal employees from engaging in non-partisan political activities.Accordingly, employees may express their opinions about current events and matters of public interest at work so long as their actions are not considered political activity. For example, employees are free to express their views and take action as individual citizens on such questions as referendum matters, changes in municipal ordinances, constitutional amendments, pending legislation or other matters of public interest, like issues involving highways, schools, housing, and taxes.Of course, employees should be mindful of their agencies computer use policies prior to sending or forwarding any non-work related emails.

No. It is an improper use of official authority for a supervisor to send or forward a partisan political email to subordinates, at any time.

Generally, all federal employees may discuss current events, policy issues, and matters of public interest at work or on duty. Such discussions are usually not political activity, i.e., activity directed at the success or failure of a political party, partisan political group, or candidate for partisan political office. Therefore, the Hatch Act does not prohibit employees at any time, including when they are at work or on duty, from expressing their personal opinions about events, issues, or matters, such as healthcare reform, gun control, abortion, immigration, federal hiring freeze, etc. For example, while at work employees may express their views about healthcare reform, e.g., I agree with healthcare reform.

OSC recognizes that many agencies disseminate news clips to employees. And doing so, without more, does not violate the Hatch Act. During an election season, however, many news articles are about candidates and elections, and the circulation of such materials could raise Hatch Act concerns. Accordingly, agencies that circulate news clips to their employees should be mindful not to include articles, op-eds, or political commentary pieces that are directed at the success or failure of a political party, partisan political group, or candidate for partisan political office.

No. Employees participating in virtual work-related conferences are subject to the same on-duty Hatch Act restrictions as when they attend meetings or communicate in-person with others at work. Thus, for example, employees should not wear a campaign t-shirt or hat while participating in a work-related video conference call, and they should ensure that any partisan materials, like campaign signs or candidate pictures, are not visible to others during the call.

No. While some email and other productivity tools allow users to add a profile picture, employees may not use the profile pictures associated with those platforms to show support for or opposition to a political party, partisan political group, or candidate for partisan political office. For example, employees may not use candidate images, campaign slogans, or political party symbols for profile pictures associated with official accounts or when communicating on official matters.

Yes. Simply identifying ones political party affiliation on a social media profile, which also contains ones official title or position, without more, is not an improper use of official authority.

Yes, federal employees may express their opinions about a partisan group or candidate in a partisan race (e.g., post, "like," "share," "tweet," "retweet"), but there are a few limitations. Specifically, the Hatch Act prohibits employees from:

Yes, but subject to the limitations described in other related questions and the following guidelines. If a supervisors statements about a partisan group or candidate in a partisan race are directed at all of his Facebook friendsor Twitterfollowers,e.g., posted on his Facebook page, then there is no Hatch Act violation. Such statements would be improper if the supervisor specifically directed them toward her subordinate employees, or to a subset of friends that includes subordinate employees. For example, a supervisor should not send to a subordinate employee a Facebook message or tweet that shows her support for a partisan group or candidate in a partisan race.

Although the Hatch Act prohibits federal employees from soliciting or receiving political contributions at any time, employees are not responsible for the statements of third parties, even when they appear on their social media page. Thus, if an individual posts a link to the political contribution page of a partisan group or candidate in a partisan race, or otherwise solicits political contributions, the employee need not take any action. The same advice applies to any tweets directed at the employee. However, the employee should not like, share, or retweet the solicitation, or respond in any way that would tend to encourage other readers to contribute.

Yes, but not while on duty or in the workplace.

Yes. For example, a federal employee may continue to friend, like, or follow the official Facebook, Twitter, or other social media page of the President or Member of Congress, even after the President or Member begins his reelection campaign.

No. Any social media account created in a federal employees official capacity should be limited to official business matters and remain politically neutral. Any political activity must be confined to the employees personal Facebook or Twitter account, subject to the limitations described in other related questions.

No. A federal agencys Facebook or Twitter account, like its official website, should be limited to official business matters and remain politically neutral.Thus, an agencys social media account should not friend, like, follow, tweet, or retweet about a partisan group or candidate in a partisan race or link to the social media accounts of such entities.

No. Any information or links to information about a federal agency officials attendance or speech at a political event for a candidate in a partisan race should not be posted on the agencys Facebook or Twitter account.

Yes, federal employees may display a political party or campaign logo or candidate photograph as their cover or header photo on their personal Facebook or Twitter accounts. This display, usually featured at the top of ones social media profile, without more, is not improper political activity.

Yes, but subject to the following limitations. Because a profile picture accompanies most actions on social media, a federal employee would not be permitted, while on duty or in the workplace, to post, share, tweet, or retweet any items on Facebook or Twitter, because each such action would show their support for a partisan group or candidate in a partisan race, even if the content of the action is not about those entities.

Yes. An employee appointed by the President, by and with the advice and consent of the Senate (PAS), is subject to the provisions of the Hatch Act. However, certain PAS's are not subject to the Act's prohibition against engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle. To be exempt from this prohibition, a PAS must meet all of the following criteria:

No.

No.The Hatch Act prohibits federal employees, including PASs, from soliciting oraccepting uncompensated volunteer services from an individual who is asubordinate. 5 C.F.R. 734.302(b)(3), 734.303(d). Thus, the Act prohibits asupervisor from soliciting a subordinate employee to write a policy speech forthe supervisor to give at a partisan political event. In addition, the Actprohibits a supervisor from accepting such a speech from a subordinate. Thefact that the policy speech contains no partisan political advocacy isirrelevant.

No.The Hatch Act prohibits federal employees, including PASs, from soliciting oraccepting uncompensated volunteer services for any political purpose from anindividual who is a subordinate. 5 C.F.R. 734.302(b)(3), 734.303(d). Thus,the Act prohibits a supervisor from asking subordinate employees to contact apolitical party to inquire about opportunities for the PAS to assist the party.

No. The Hatch Act prohibits federal employees, including PASs, from soliciting oraccepting uncompensated volunteer services for any political purpose from anindividual who is a subordinate. 5 C.F.R. 734.302(b)(3), 734.303(d). Thus,the Act prohibits a supervisor from asking subordinate employees to attend apolitical party meeting or any other partisan political event.

No.Hatch Act regulation states that an employee may not use his or her officialtitle while participating in political activity. 5 C.F.R. 734.302(b)(1).Accordingly, a Cabinet secretary may not use the official title Secretarywhen engaging in political activity, such as speaking at a political campaignevent. However, a Cabinet secretary may use a general form of address, such asThe Honorable, when engaging in political activity, as such address does notidentify his or her position. 5 C.F.R. 734.302, Example 1.

Yes, on questions of coercion oruse of official authority (but not on the candidacy prohibition).

Notnecessarily. An officer or employee of a state, D.C., or local agency is subject tothe Hatch Act if, as a normal and foreseeable incident of his principalposition or job, he performs duties in connection with an activity financed inwhole or in part by federal funds. Coverage is not dependent on whether theemployee actually administers the funds or has policy duties with respect tothem. However, an employee may have other duties in connection with federallyfunded programs or activities, and thus may be covered by the Hatch Act, eventhough he does not apply for or administer federal loans or grants or have any
authority or discretion over the federal funding.

No, not necessarily. If an agency receives federal grants or loans, only thoseemployees of the agency who, as a normal and foreseeable incident of theiremployment, perform duties in connection with activities financed in whole orin part by the federal grants or loans are subject to the Act.

The Hatch Act exempts from coverage individuals who are principally employed by educational or research institutions, establishments, agencies or systems that are supported in whole or in part by a state or political subdivision thereof,or the D.C. All employees of these entities fall within the exemption (e.g., teacher, administrator, custodian, etc.).

Maybe.The Hatch Act applies to employees of private, nonprofit organizations only ifthe statutes through which these organizations derive their federal fundingcontain a provision stating that the recipient organizations are deemed to bestate, D.C. or local government agencies for purposes of the Hatch Act. To date, thestatutes authorizing Head Start and Community Service Block Grant (CSBG)
are the only statutes that contain such a provision. Accordingly, coveredemployees are those individuals at private nonprofit organizations who performduties in connection with programs financed in whole or in part by Head Startor CSBG funds.

No.If you are covered by the Hatch Act, taking a sabbatical or leave of absencewill not allow you to be a candidate in a partisan election. State,localemployees, and D.C. employees subject to the Hatch Act continue to be covered while on annualleave, sick leave, administrative leave, furlough, or any other paid or unpaidleave.

TheHatch Act defines partisan as referring to a political party. 5 C.F.R. 151.101(h). Thus, under the Hatch Act, an election for public office is apartisan election if any candidate is running as a representative of, for instance, the Republican or Democratic Party. An employee whose salary is entirely federally fundedmay not be a candidate for public office in a partisan election. 5 U.S.C. 1502(a)(3).

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.

Yes.If the special election is partisan and your salary is entirely federally funded,youwould be prohibited from being a candidate in such an election.

Yes. The Hatch Act's prohibitions on state, D.C., and local employeesare applicable regardless of jurisdiction, or local population.

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.

No. WhiletheHatch Act prohibits a state, D.C., or local government employee whose salary is entirely federally funded from running for partisan public office, it does not prohibit the employee from holding partisan elective office. However, the Hatch Act would prohibit said employee while employed in a position that is entirely federally funded from seeking reelection or election to the partisan political office.

No,not if the elected office is the individuals principal employment. The HatchAct specifically exempts individuals who hold elective office from theprohibition against being a candidate for public office in a partisan election.5 U.S.C. 1502(c)(4). Please note, however, that this exemption applies onlywhen the elective office is the position that would otherwise subject theemployee to the restrictions of the Hatch Act.

The Hatch Act defines a nonpartisan election as "an election at which none of the candidates is to be nominated or elected as representing a political party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected." 5 C.F.R. 151.101(g); see also 5 U.S.C. 1503. Examples of political parties that received votes in the last Presidential election are the Democratic, Republican, Libertarian, and Green Parties. The Hatch Act does not prohibit covered employees from being candidates in nonpartisan elections.

No.While elected officials are exempt from the candidacy prohibition of the HatchAct, they are still subject to the other two prohibitions the prohibitionsagainst using ones official authority to affect the result of an election anddirectly or indirectly coercing a state, D.C. or local employee to make a politicalcontribution. Because it is inherently coercive for a supervisor to ask asubordinate employee to contribute to a political cause, the Hatch Act wouldprohibit an elected official form asking subordinate employees to help orcontribute to his reelection campaign.

No.As discussed above, it is inherently coercive for asupervisor to ask a subordinate employee to contribute to a political cause.Therefore, the Hatch Act would prohibit a supervisor from asking subordinatesto volunteer for any partisan political campaign, political party, etc.

No.Inviting subordinate employees to a political fundraiser would violate two provisions of the Hatch Act. First, inviting subordinate state or local employees to a political fundraiser would violate the Acts prohibition against directly or indirectly coercing, attempting to coerce, or advising other employees to make a political contribution, even if the supervisory employee
does not expressly ask the individuals to contribute money. Second, inviting subordinate employees to any political event would violate the Acts prohibition against using ones official influence or authority to affect the result of an election. Such conduct is inherently coercive, and violates the Act even if the supervisory employee does not threaten to penalize subordinates who do not attend or promise to reward those who do attend.