Memorandum For All Department of Justice Career Employees - Restrictions on Political Activities

Office of the Attorney General
Washington, DC 20530

August 8, 2000

MEMORANDUM FOR ALL DEPARTMENT OF JUSTICE CAREER EMPLOYEES
FROM:	THE ATTORNEY GENERAL
SUBJECT:	Restrictions on Political Activities

As employees of the Department of Justice (Department), we have been entrusted with the authority to enforce the laws of the United States, and with the responsibility to do so in a neutral and impartial manner. For the public to retain its confidence that we are adhering to our responsibility, we must ensure that politics--both in fact and appearance–-does not compromise the integrity of our work.

In 1994 Congress amended the Hatch Act, 5 U.S.C. 7321-7326, to remove certain restrictions on political participation by most government employees. All Department employees, however, must continue to take care that their activities do not compromise the integrity of the Department in enforcing the law, or create conflict or apparent conflict of interest with the neutral and impartial administration of justice.

Specific statutory restrictions on political participation applicable to all employees are set forth in Part I of this memorandum.

In addition, under the amended law, certain Department employees continue to be subject to greater statutory restrictions, similar to those imposed by the pre-1994 law. These employees include career members of the Senior Executive Service (SES), employees of the Criminal Division (CRM) and the Federal Bureau of Investigation (FBI), and Administrative Law Judges. ¹ The additional restrictions applicable to these employees are set forth in Part II of this memorandum. See 5 CFR 734.402-412.

Part I.

Restrictions Applicable to All Department Employees

	Department employees may not:
	A.	use their official authority or influence to interfere with or affect the result of an election;
	B.	solicit, accept or receive a political contribution; ² solicit, accept, or receive uncompensated volunteer services from an individual who is a subordinate; or allow their official titles to be used in connection with fund-raising activities;
	C.	run for nomination or election to public office in a partisan election ³;
	D.	solicit or discourage the political activity of any person who is a participant in any matter before the Department;
	E.	engage in political activity (to include wearing political buttons), while on duty, while in a government occupied office or building, while wearing an official uniform or insignia, or while using a government vehicle; however, an employee may put a bumper sticker on a personal vehicle and park the vehicle in a government-owned or subsidized parking lot, but may not use the vehicle in the course of official business; and employees may display signs on their lawns and in their residences, and in similar personal circumstances.

Part II.

Additional Restrictions Applicable to All Career SES, CRM and FBI Employees, and Administrative Law Judges

	In addition to the restrictions set forth in Part I above, these individuals may not do such things as:
	F.	distribute fliers printed by a candidate's campaign committee, a political party or partisan political group;
	G.	serve as an officer of a political party, a member of a national, state, or local committee of a political party, an officer or member of a committee of a partisan political group, or be a candidate for any of these positions;
	H.	organize or reorganize a political party organization or partisan political group;
	I.	serve as a delegate, alternate, or proxy to a political party convention;
	J.	address a convention, caucus, rally, or similar gathering of a political party or partisan political group in support of or in opposition to a candidate for partisan political office or political party office, if such address is done in concert with such a candidate, political party, or partisan political group;
	K.	organize, sell tickets to, promote, or actively participate in fund-raising activity of a candidate for partisan political office or of a political party or partisan political group; active participation includes making a speech at a party function, appearing on the program, on the dais or in the receiving line of an event, or allowing your name to be used in connection with the promotion of the event; passive participation, which is allowed, means merely attending a fund-raising or campaign event;
	L.	canvass for votes in support of or in opposition to a candidate for partisan political office or a candidate for political party office, if such canvassing is done in concert with such a candidate, political party, or partisan political group;
	M.	endorse or oppose a candidate for partisan political office or a candidate for political party office in a political advertisement, broadcast, campaign literature, or similar material if such endorsement or opposition is done in concert with such a candidate, political party, or partisan political group; initiate or circulate a partisan nominating petition;
	N.	act as recorder, watcher, challenger, or similar officer at polling places in consultation or coordination with a political party, partisan political group, or a candidate for partisan political office;
	O.	drive voters to polling places in consultation or coordination with a political party, partisan political group, or a candidate for partisan political office.

__________________

¹Under Department policy all political appointees are subject to the restrictions of the pre-1994 Hatch Act as well as additional restrictions. I have issued separate guidance for political appointees.

²The only statutory exception is for soliciting, accepting or receiving a political contribution to a multi-candidate political committee from a fellow member of a federal labor organization or certain other employee organizations, as long as the solicited employee is not a subordinate and the activity does not violate E above.

³In certain designated communities, including the Washington, DC suburbs, an employee may run for office in a local partisan election but only as an independent candidate and may receive, but not solicit, contributions. 5 U.S.C. 7325.

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