Who is Covered/Who is Not Covered
Who Is Covered
The following list offers examples of the types of programs which
frequently receive financial assistance from the federal government: public
health, public welfare, housing, urban renewal and area redevelopment,
employment security, labor and industry training, public works,
conservation, agricultural, civil defense, transportation, anti-poverty, and
law enforcement programs.
Hatch Act provisions also apply to employees of private, nonprofit
organizations that plan, develop and coordinate federal Head Start or
Community Service Block Grant programs.
State, D.C., or local employees subject to the Hatch Act continue to be
covered while on annual leave, sick leave, leave without pay, administrative
leave or furlough.
Who Is Not Covered
Hatch Act provisions do not apply to:
- individuals who exercise no functions in connection with federally
financed activities; or
- individuals employed by educational or research institutions,
establishments, or agencies which are supported in whole or in part by
state or political subdivisions thereof, the District of Columbia, or by
recognized religious, philanthropic or cultural organizations (e.g.,
administrators, teachers).
The law also exempts certain specified employees from the prohibition on
candidacy for elective office. These exemptions include:
- the governor or lieutenant governor of a state, or an individual
authorized by law to act as governor;
- the mayor of a city;
- a duly elected head of an executive department of a state or
municipality who is not classified under a state or municipal merit or
civil service system; and
- an individual holding public elective office. This exemption applies
only when the elective office is the position which would otherwise
subject the employee to the restriction of the Hatch Act.
Political Activities and Examples of Prohibited Activities
Covered state, District of Columbia 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; or
- directly or indirectly coerce, attempt to coerce, command, or advise
a state, D.C., or local officer or employee to pay, lend, or contribute
anything of value to a party, committee, organization, agency, or person
for political purposes.
State, District of Columbia or local employees subject to the Hatch Act
should note that an election is partisan if any candidate is to be nominated
or elected as representing a political party, for example, the Democratic or
Republican Party.
A note of caution - an employee’s conduct is also subject to the laws of
the state and the regulations of the employing agency. Prohibitions of the
Hatch Act are not affected by state, D.C., or local laws.
*On December 19, 2012, Congress passed the Hatch Act Modernization Act of
2012 (the Act). The Act became effective on January 27, 2013. Now, only
state, D.C., or local government employees whose salaries are paid for
entirely by federal funds are prohibited from running for partisan office.
All other state, D.C., and local employees, even if they are otherwise
covered by Hatch Act restrictions are free under the Hatch Act to run for
partisan office.
Examples of Permitted Activities
Employees may**, for example:
- register and vote as they choose
- assist in voter registration drives
- express opinions about candidates and issues
- contribute money to political organizations
- attend political fundraising functions
- attend and be active at political rallies and meetings
- join and be active members of a political party or club
- sign and circulate nominating petitions
- campaign for or against referendum questions, constitutional
amendments and/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
- campaign for and hold office in political clubs or parties
- volunteer to work on a partisan political campaign
- participate in any activity not specifically prohibited by law or
regulation
**While engaging in these activities employees must be acting in their
personal capacity, not their official capacity. For example, they should not
identify their official title when engaging in any of these activities.
A note of caution—an employee’s conduct is also subject to the laws of the
state and the regulations of the employing agency. Prohibitions of the Hatch
Act are not affected by state, D.C., or local laws.