Federal Employee Hatch Act Information

​Most federal executive branch employees (except those listed under Further Restricted Employees) are considered Less Restricted under the Hatch Act. Less Restricted employees may take an active part in partisan political management or partisan political campaigns.​

​Less restricted federal employees may not:

• Use their official authority or influence to interfere with or affect the result of an election, by for example:
  

• ​Using their official titles or positions while engaged in political activity

• Inviting subordinate employees to political events or otherwise suggesting to subordinates that they attend political events or undertake any partisan political activity

• Solicit, accept or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group by for example:

• Hosting a political fundraiser

• Collecting contributions or selling tickets to political fundraising functions*

• Be candidates for partisan political office

• Knowingly solicit or discourage the participation in any political activity of anyone who has business pending before their employing office

• Engage in political activity – i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group – while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally owned or leased vehicle. For example, while at work employees may not:

• Distribute campaign materials or items

• Display campaign materials or items

• Perform campaign related chores

• ​Wear or display partisan political buttons, t-shirts, signs, or other items

• Make political contributions to a partisan political party, candidate for partisan political office, or partisan political group

• Post a comment to a blog or a social media site that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group

• ​Use any email account or social media to distribute, send, or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group

​* Soliciting, accepting, or receiving such donations or contributions may be done so long as the person being solicited is: 1) a member of the same federal labor organization as defined under section 7103(4) of this title or a federal employee organization which as of the date of enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4))); 2) not a subordinate employee; and 3) the solicitation is for a contribution to the multicandidate political committee (as defined under section 315(a)(4)of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4))) of such federal labor organization as defined under section 7103(4) of this title or a federal employee organization which as of the date of the enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4)of the Federal Election Campaign Act of 1971 (2) U.S.C. 441a(a)(4))).  However, because of the political activity on duty prohibition (5 U.S.C. 7324(a)), employees may not solicit, accept, or receive these donations while on duty or in the workplace. 

​ ​Less restricted federal employees may engage in partisan political management and campaigns. Such employees, for example, may:​

• Be candidates for public office in nonpartisan elections
  

• Register and vote as they choose

• Assist in voter registration drives

• Contribute money to political campaigns, political parties, or partisan political groups

• Attend political fundraising functions

• Attend and be active at political rallies and meetings

• Join and be an active member of political clubs or parties

• Hold office in political clubs or parties

• Sign and circulate nominating petitions

• Campaign for or against referendum questions, constitutional amendments, or municipal ordinances

• Campaign for or against candidates in partisan elections

• Make campaign speeches for candidates in partisan elections

• Distribute campaign literature in partisan elections

• Volunteer to work on a partisan political campaign

• Express opinions about candidates and issues. If the expression is political activity, however – i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group – then the expression is not permitted while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally owned or leased vehicle​
  

​Further restricted federal executive branch employees are prohibited from engaging in partisan political management or partisan political campaigns. Generally, Further Restricted employees are those employed in intelligence and enforcement-type agencies (except employees appointed by the President, by and with the advice and consent of the Senate). More specifically, Further Restricted employees are employed by the following agencies (or components) or in the following positions:

​Further Restricted federal employees are prohibited from taking an active part in partisan political management or partisan political campaigns. Specifically, these employees may not campaign for or against candidates or otherwise engage in political activity in concert with a political party, a candidate for partisan political office, or a partisan political group. Such employees may not:

• Be a candidate for nomination or election to public office in a partisan election

• Take an active part in partisan political campaigns, by, for example:

• Campaigning for or against a candidate or slate of candidates

• Making campaign speeches or engaging in other campaign activities to elect partisan candidates

• Distributing campaign material in partisan elections

• Circulating nominating petitions

• Take an active part in partisan political management by,  for example:

• Holding office in political clubs or parties

• Organizing or manage political rallies or meetings

• Assisting in partisan voter registration drives

• Use their official authority or influence to interfere with or affect the result of an election by, for example:
  

• Using their official titles or positions while engaged in political activity

• Inviting subordinate employees to political events or otherwise suggesting to subordinates that they attend political events or undertake any partisan political activity

• Solicit, accept or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group by, for example:

• Hosting a political fundraiser

• Inviting others to a political fundraise.

• Collecting contributions or sell tickets to political fundraising functions

• Engage in political activity – i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group – while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally owned or leased vehicle. For example, while at work employees may not:

• Wear or display partisan political buttons, t-shirts, signs, or other items

• Make political contributions to a partisan political party, candidate for partisan political office, or partisan political group

• Post a comment to a blog or a social media site that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group

• ​Use any email or social media account to distribute, send or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group
  

​As discussed, Further Restricted federal employees are prohibited from taking an active part in partisan political management or partisan political campaigns. Specifically, these employees may not campaign for or against candidates or otherwise engage in political activity in concert with a political party, a candidate for partisan political office, or a partisan political group. However, such employees may, for example:

​The penalty structure for violations of the Hatch Act by federal employees includes removal from federal service, reduction in grade, debarment from federal employment for a period not to exceed 5 years, suspension, reprimand, or a civil penalty not to exceed $1,000.

5 U.S.C. § 7326(2). Note that this statutory maximum penalty amount is subject to annual adjustment by the Merit Systems Protection Board pursuant to the Federal Civil Penalities Inflation Adjustment Act Improvements Act of 2015. The current maximum penalty can be found at 5 C.F.R. §​ 1201.126(a).

• The Hatch Act, 5 U.S.C. § 7321 – 7326​

• Political Participation, 5 U.S.C § 7321​

• Definitions, 5 U.S.C § 7322​

• Political Activity Authorized; Prohibitions, 5 U.S.C § 7323​

• Political Activities on Duty; Prohibition, 5 U.S.C § 7324​
  

• Political Activity Permitted; Employees Residing in Certain Municipalities, 5 U.S.C § 7325​
  

• Penalties, 5 U.S.C § 7326​​​​