The Hatch Act is familiar to most, if not all, Federal employees. The Office of Special Counsel is charged with enforcing the Hatch Act, which prohibits certain political activities by Federal employees. The law contains important rules designed to ensure that Federal employees function in a neutral, nonpartisan manner in carrying out their duties and responsibilities.

Hatch Act rules limit participation in partisan political activities at the national, state or local levels that are aimed at supporting or defeating political candidates for public elective office, or are directed to the success or failure of a political party, candidate or partisan political group.

The basic rule is that most employees may not participate in partisan political activities while they are:

• on duty;
• in a government office;
• wearing an official uniform, insignia or other indication of a governmental connection; or
• driving a government owned or leased vehicle.

Federal employees are, of course, encouraged to register and vote. They may contribute money to political candidates or organizations; assist in voter registration drives (as long as they are not aimed toward one party only); express personal opinions about political candidates and subjects; participate in nonpartisan campaigns where none of the candidates represents a political party; and serve as a candidate for public office in nonpartisan elections.

However, employees must be mindful of the fine line between their right to express an opinion on a candidate or issue and the Hatch Act violation against engaging in such activity while on duty or in a government office. This issue has been repeatedly tested in the Federal government, particularly as it relates to the use of e-mail to send partisan political e-mails. As recently as May 2008, an employee of the National Aeronautics and Space Administration (NASA) was suspended for 180 days for using his NASA e-mail account to send partisan political e-mails, and making numerous partisan political postings to his blog while on duty in his Federal workplace.

“There was a time when the Hatch Act was about wearing campaign buttons in the office, or engaging in political activity while on duty, wearing an official uniform, or in a government vehicle,” said Special Counsel Scott Bloch. “Today, modern office technology multiplies the opportunities for employees to abuse their positions and, as in this serious case, to be penalized, even removed from their job, with just a few clicks of a mouse.”

If you have specific questions about the Hatch Act, you may visit the Office of Special Counsel Web site at www.osc.gov, or HRSA’s Ethics Counselors in the Division of Workforce Management at 301-443-3780.