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U.S. OFFICE OF SPECIAL COUNSEL
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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Federal Hatch Act Advisory:
Candidate Visits to Federal Agencies
OSC File No. AD-xx-xxxx
The Office of
Special Counsel (OSC) recently has received various complaints concerning
the granting of requests from candidates and/or their campaigns to visit
federal agencies. Therefore, OSC, pursuant to 5 U.S.C. §1212(f), issues this
Hatch Act opinion reminding all federal agencies of the relevant provisions
of the Hatch Act governing such requests. This guidance addresses activities
relating to federal, state and local political campaigns of candidates in
partisan elections, including Presidential candidates.
While the Hatch Act, 5 U.S.C. §§7321-7326, does not
govern the actions of an individual who is running for partisan elective
office, it does regulate the political activity of federal executive branch
employees and District of Columbia government employees. Although the Act
permits most covered employees to actively participate in partisan political
management and partisan political campaigns, covered employees still are
subject to certain prohibitions related to their participation in partisan
activities. Two such prohibitions relevant to this opinion are that covered
employees may not: 1) use their official authority or influence for the
purpose of affecting the result of an election or 2) engage in political
activity while on duty; in any room or building occupied in the discharge of
official duties by an individual employed or holding office in the
government of the United States or any agency or instrumentality thereof;
while wearing a uniform or other similar item that identifies the employing
agency; or using a government vehicle. 5 U.S.C. §§7323(a)(1) and 7324.
Political activity is defined as “an activity directed toward the success or
failure of a political party, candidate for partisan political office, or
partisan political group.” 5 C.F.R. §734.101.
Examples of activities prohibited by the preceding
restrictions include the following: authorizing the use of a federal
building or office as described above for campaign activities, such as town
hall meetings, rallies, parades, speeches, fundraisers, press conferences,
“photo ops” or meet and greets; attending or planning such campaign events
while on duty or in a federal building or office; or distributing campaign
literature or wearing campaign-related items while on duty or in a federal
building or office.
We note that OSC views candidates’ requests to visit
federal facilities that are coordinated by candidates’ campaigns as
presumptively for a campaign purpose and not official business. This
opinion, however, should not be interpreted as prohibiting federal employees
from allowing members of Congress and other elected officials from visiting
federal facilities for an official purpose, to include receiving briefings,
tours, or other official information. Further, nothing in this opinion is
intended to impede elected officials from appropriately representing their
constituents. Federal agencies should ensure that candidates who visit their
facilities to conduct official business do not engage in any political
campaign or election activity during the visit.
Based upon the preceding, the Hatch Act should be
considered carefully when handling a candidate’s request to visit or use a
federal building. We strongly encourage all federal agencies receiving such
requests to contact OSC prior to granting such a request. Further, we
encourage federal agencies to review their guidelines concerning such visits
to insure that they are consistent with the Hatch Act and offer our
assistance in this matter. For any additional questions concerning this
matter, please contact me at (202) 254-3650.
Issued by:
____/s/___________
Ana Galindo-Marrone
Chief, Hatch Act Unit
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