Hatch Act for State and Local Employees
The Hatch Act applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency. Employees who work for educational or research institutions which are supported in whole or in part by a State or political subdivision of the State are not covered by the provisions of the Hatch Act.
Employees of private nonprofit organizations are covered by the Hatch Act only if the statute through which the organization receives its federal funds contains language which states that the organization shall be considered to be a state or local agency for purposes of the Hatch Act, e.g., Headstart and Community Service Block Grant statutes.
An employee’s conduct is also subject to the laws of the state and the regulations of the employing agency. Additionally, employees should be aware that the prohibitions of the Hatch Act are not affected by state or local laws.
Permitted Activities
Covered state and local employees
may-
- run for public office in nonpartisan elections
- campaign for and hold office in political clubs and organizations
- actively campaign for candidates for public office in partisan and nonpartisan elections
- contribute money to political organizations and attend political fundraising functions
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Prohibited Activities
Covered state and local employees
may not-
- be candidates for public office in a partisan election
- use official authority or influence to interfere with or affect the results of an
election or nomination
- directly or indirectly coerce contributions from subordinates in support of a political
party or candidate
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Penalties for Violating the Hatch Act
If the Merit Systems Protection Board finds that the violation warrants
dismissal from employment, the employing agency must either remove the employee
or forfeit a portion of the federal assistance equal to two years salary of the
employee. If the Board finds the violation does not warrant the employee's
removal, no penalty is imposed.
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Advisories for State and Local Employees
