# Presentation: 214302

## POLITICAL ACTIVITYAND THE  FEDERAL EMPLOYEEin 2002

## FEDERAL HATCH ACT5 U.S.C. §§ 7321-7326

**Originally passed in 1939.**
**Amended in 1993 to expand rights of most employees to actively participate in partisan political management and political campaigns.**
**Certain agencies and employees continue to be further restricted. ****	****	**

## ACT APPLIES TO  EMPLOYEES OF —

Federal Executive Agencies

United States Postal Service

District of Columbia Government

INCLUDING

 Part-time employees

Special government employees and others working on an occasional or intermittent basis, when engaged in government business

DOES NOT APPLY TO PRESIDENT. VICE PRESIDENT, D.C. MAYOR & D.C. CITY COUNCIL

**Federal Executive Agencies**
**United States Postal Service**
**District of Columbia Government**
**INCLUDING**
** **_**Part-time**_** employees**
_**Special government employees **_**and others working on an **_**occasional or intermittent basis**_**, when engaged in government business**
**DOES NOT APPLY TO PRESIDENT. VICE PRESIDENT, D.C. MAYOR & D.C. CITY COUNCIL**

**FEDERAL HATCH ACT****5 U.S.C. §§ 7321-7326**

## FEDERAL HATCH ACT

| 

EMPLOYEES OF INTELLIGENCE- AND ENFORCEMENT-TYPE
AGENCIES
(Further Restricted)

 Except  PAS | 

ALL OTHERS
(Less Restricted)

 GS
 WG
 PAS
 Schedule C
 Noncareer SES

  |
| --- | --- |

**TWO CATEGORIES OF EMPLOYEES:**

## GENERALLY LESS RESTRICTED EMPLOYEES MAY –

ASSIST IN PARTISAN VOTER REGISTRATION DRIVES 

EXPRESS OPINIONS ABOUT CANDIDATES AND ISSUES

CONTRIBUTE MONEY TO POLITICAL ORGANIZATIONS

ATTEND POLITICAL FUNDRAISING FUNCTIONS

**ASSIST IN PARTISAN VOTER REGISTRATION DRIVES **
**EXPRESS OPINIONS ABOUT CANDIDATES AND ISSUES**
**CONTRIBUTE MONEY TO POLITICAL ORGANIZATIONS**
**ATTEND POLITICAL FUNDRAISING FUNCTIONS**

**FEDERAL HATCH ACT DOs****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART B**

## GENERALLY LESS RESTRICTED EMPLOYEES MAY –

CAMPAIGN FOR OR AGAINST REFERENDUM QUESTIONS, CONSTITUTIONAL AMENDMENTS, AND MUNICIPAL ORDINANCES

CAMPAIGN FOR OR AGAINST CANDIDATES IN  PARTISAN ELECTIONS (including making campaign speeches and distributing campaign literature in partisan elections)

**CAMPAIGN FOR OR AGAINST REFERENDUM QUESTIONS, CONSTITUTIONAL AMENDMENTS, AND MUNICIPAL ORDINANCES**
**CAMPAIGN FOR OR AGAINST CANDIDATES IN  PARTISAN ELECTIONS (including making campaign speeches and distributing campaign literature in partisan elections)**

**FEDERAL HATCH ACT DOs****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART B**

## GENERALLY LESS RESTRICTED EMPLOYEES MAY –

ATTEND AND BE ACTIVE AT POLITICAL RALLIES AND MEETINGS 

JOIN AND BE ACTIVE MEMBERS OF A POLITICAL PARTY OR CLUB 

CIRCULATE AND SIGN NOMINATING PETITIONS

BE CANDIDATES FOR PUBLIC OFFICE IN NONPARTISAN ELECTIONS

**ATTEND AND BE ACTIVE AT POLITICAL RALLIES AND MEETINGS**** **
**JOIN AND BE ACTIVE MEMBERS OF A POLITICAL PARTY OR CLUB **
**CIRCULATE AND SIGN NOMINATING PETITIONS**
**BE CANDIDATES FOR PUBLIC OFFICE IN NONPARTISAN ELECTIONS**

**FEDERAL HATCH ACT DOs****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART B**

## LESS RESTRICTED EMPLOYEES MAY NOT —

USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH AN ELECTION

SOLICIT OR DISCOURAGE POLITICAL ACTIVITY OF ANYONE WITH BUSINESS BEFORE THEIR AGENCY

SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS (MAY BE DONE IN CERTAIN LIMITED SITUATIONS BY FEDERAL LABOR OR OTHER EMPLOYEE ORGANIZATIONS)

BE CANDIDATES FOR PUBLIC OFFICE IN PARTISAN ELECTIONS

**USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH AN ELECTION**
**SOLICIT OR DISCOURAGE POLITICAL ACTIVITY OF ANYONE WITH BUSINESS BEFORE THEIR AGENCY**
**SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS (MAY BE DONE IN CERTAIN **_**LIMITED**_** SITUATIONS BY FEDERAL LABOR OR OTHER EMPLOYEE ORGANIZATIONS)**
**BE CANDIDATES FOR PUBLIC OFFICE IN PARTISAN ELECTIONS**

**FEDERAL HATCH ACT DON’Ts****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C**

## CANDIDACY5 U.S.C. § 7323

**WHEN DOES IT BEGIN?**
** **
**WHEN AN INDIVIDUAL BEGINS TO COLLECT SIGNATURES FOR NOMINATING PETITIONS**
**WHEN AN INDIVIDUAL BEGINS TO FUNDRAISE**
**WHEN AN INDIVIDUAL MAKES AN ANNOUNCEMENT TO THE PRESS**
**WHEN AN INDIVIDUAL FILES NOMINATING PETITIONS**
**WHEN AN INDIVIDUAL PUTS A CAMPAIGN COMMITTEE TOGETHER**

## BEWARE OF NONPARTISAN ELECTIONS/CANDIDACIES5 U.S.C. § 7323

**Nonpartisan can transform to partisan when:**
** **
_**Standard**_**: There is evidence showing that partisan politics actually entered the campaign of a candidate.**
**Employee/candidate seeks and receives endorsement of political party.**
**Employee/candidate advertises endorsement of political party. **
**Employee/candidate uses political party resources.**
**Employee/candidate announces he is political party candidate. **

## LESS RESTRICTED EMPLOYEES MAY NOT ENGAGE IN POLITICAL ACTIVITY WHILE —

ON DUTY

IN A GOVERNMENT OFFICE

WEARING AN OFFICIAL UNIFORM

USING A GOVERNMENT VEHICLE

**ON DUTY**
**IN A GOVERNMENT OFFICE**
**WEARING AN OFFICIAL UNIFORM**
**USING A GOVERNMENT VEHICLE**

**FEDERAL HATCH ACT DON’Ts****5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART C**

## FEDERAL HATCH ACT5 U.S.C. § 7324; 5 C.F.R. PART 734.101

_**POLITICAL ACTIVITY**_** MEANS:**
**AN ACTIVITY DIRECTED TOWARD THE SUCCESS **_**OR**_** FAILURE OF A — **
**POLITICAL PARTY**
**CANDIDATE FOR PARTISAN POLITICAL OFFICE, **_***OR***_
**PARTISAN POLITICAL GROUP**

## FEDERAL HATCH ACT:EOP / PAS COVERAGE5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E

**EMPLOYEES —**
**PAID FROM APPROPRIATION FOR EXECUTIVE OFFICE OF THE PRESIDENT (EOP), **_***OR***_
**PRESIDENTIALLY APPOINTED, SENATE-CONFIRMED (PAS)**
**WHO —**
**OCCUPY POSITIONS LOCATED IN THE U.S., **_***AND***_
**DETERMINE  POLICIES TO BE PURSUED IN**
**RELATIONS WITH FOREIGN POWERS, **_***OR***_
**NATIONWIDE ADMINISTRATION OF FEDERAL LAWS**

## SUCH PAS and EOP EMPLOYEES MAY ENGAGE IN POLITICAL ACTIVITY WHILE —

ON DUTY

IN A GOVERNMENT ROOM OR BUILDING

WEARING A UNIFORM OR OFFICIAL INSIGNIA

USING A GOVERNMENT VEHICLE

IF COSTS ASSOCIATED WITH POLITICAL ACTIVITY ARE NOT PAID FOR BY MONEY DERIVED FROM THE U.S. TREASURY

***ON DUTY***
***IN A GOVERNMENT ROOM OR BUILDING***
***WEARING A UNIFORM OR OFFICIAL INSIGNIA***
***USING A GOVERNMENT VEHICLE***
_***IF***_** COSTS ASSOCIATED WITH POLITICAL ACTIVITY ARE **_***NOT***_** PAID FOR BY MONEY DERIVED FROM THE U.S. TREASURY**

**FEDERAL HATCH ACT:****EOP / PAS COVERAGE (CONT’D)****5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E**

## FEDERAL HATCH ACT:RESTRICTED AGENCIES5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D

**CRIMINAL DIVISION (DOJ)**
**CENTRAL INTELLIGENCE AGENCY**
**DEFENSE INTELLIGENCE AGENCY**
**FEDERAL BUREAU OF INVESTIGATION**
**FEDERAL ELECTIONS COMMISSION**
**MERIT SYSTEMS PROTECTION BOARD**
**NATIONAL IMAGERY AND MAPPING AGENCY**** **

## NATIONAL SECURITY AGENCY

NATIONAL SECURITY COUNCIL

OFFICE OF CRIMINAL INVESTIGATION (IRS)

OFFICE OF INVESTIGATIVE PROGRAMS (CUSTOMS)

OFFICE OF LAW ENFORCEMENT (BATF)

OFFICE OF SPECIAL COUNSEL

SECRET SERVICE

**NATIONAL SECURITY COUNCIL**
**OFFICE OF CRIMINAL INVESTIGATION (IRS)**
**OFFICE OF INVESTIGATIVE PROGRAMS (CUSTOMS)**
**OFFICE OF LAW ENFORCEMENT (BATF)**
**OFFICE OF SPECIAL COUNSEL**
**SECRET SERVICE**

**FEDERAL HATCH ACT:****RESTRICTED AGENCIES****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D**

## 
CAREER SES
ADMINISTRATIVE LAW JUDGES
MEMBERS OF CONTRACTS APPEALS BOARDS

**CAREER SES**
**ADMINISTRATIVE LAW JUDGES**
**MEMBERS OF CONTRACTS APPEALS BOARDS**

**FEDERAL HATCH ACT:****RESTRICTED POSITIONS****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D**

## FURTHER RESTRICTED EMPLOYEES MAY NOT —

USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH AN ELECTION

SOLICIT OR DISCOURAGE POLITICAL ACTIVITY OF ANYONE WITH BUSINESS BEFORE THEIR AGENCY

SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS (MAY BE DONE IN CERTAIN LIMITED SITUATIONS BY FEDERAL LABOR OR OTHER EMPLOYEE ORGANIZATIONS)

BE CANDIDATES FOR PUBLIC OFFICE IN PARTISAN ELECTIONS

**USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH AN ELECTION**
**SOLICIT OR DISCOURAGE POLITICAL ACTIVITY OF ANYONE WITH BUSINESS BEFORE THEIR AGENCY**
**SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS (MAY BE DONE IN CERTAIN **_**LIMITED**_** SITUATIONS BY FEDERAL LABOR OR OTHER EMPLOYEE ORGANIZATIONS)**
**BE CANDIDATES FOR PUBLIC OFFICE IN PARTISAN ELECTIONS**

**FEDERAL HATCH ACT DON’Ts:****FURTHER RESTRICTED EMPLOYEES****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D**

## FURTHER RESTRICTED EMPLOYEES MAY NOT ENGAGE IN POLITICAL ACTIVITY WHILE —

ON DUTY

IN A GOVERNMENT OFFICE

WEARING AN OFFICIAL UNIFORM

USING A GOVERNMENT VEHICLE

**ON DUTY**
**IN A GOVERNMENT OFFICE**
**WEARING AN OFFICIAL UNIFORM**
**USING A GOVERNMENT VEHICLE**

**FEDERAL HATCH ACT DON’Ts:****FURTHER RESTRICTED EMPLOYEES****5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART D**

## FURTHER RESTRICTED EMPLOYEES MAY NOT ENGAGE IN PARTISAN POLITICAL CAMPAIGNING AND POLITICAL MANAGEMENT-

Make campaign speeches
Distribute campaign literature
Organize a political rally, meeting or fundraiser
Hold political party office or be a party delegate
Participate in partisan voter registration drives
Circulate nominating petitions

KEY: NO ACTIVITY IN CONCERT WITH A POLITICAL PARTY OR  CANDIDATE

**Make campaign speeches**
**Distribute campaign literature**
**Organize a political rally, meeting or fundraiser**
**Hold political party office or be a party delegate**
**Participate in partisan voter registration drives**
**Circulate nominating petitions**
_**KEY**_**: NO ACTIVITY IN CONCERT WITH A POLITICAL PARTY OR  CANDIDATE**

**FEDERAL HATCH ACT DON’Ts:****FURTHER RESTRICTED EMPLOYEES****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D**

## FURTHER RESTRICTED EMPLOYEES MAY —

Join political clubs or parties
Express opinions about candidates and issues
Sign nominating petitions
Attend political rallies and conventions
Participate in nonpartisan activities

**Join political clubs or parties**
**Express opinions about candidates and issues**
**Sign nominating petitions**
**Attend political rallies and conventions**
**Participate in nonpartisan activities**

**FEDERAL HATCH ACT DOs:****FURTHER RESTRICTED EMPLOYEES****5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D**

## Less restricted employees who reside in designated localities may –

Run as independent candidates in partisan elections for local office in that designated locality

Solicit, accept or receive a political contribution on behalf of an independent candidate in a partisan election for local office (except may not solicit a federal employee)

Accept or receive a political contribution for a partisan candidate for local office (except from a subordinate)

Solicit, accept or receive uncompensated volunteer services in the preceding three instances (except from a subordinate) 

**Run** as independent candidates in partisan elections for local office in that designated locality
**Solicit, accept or receive** a political contribution on behalf of an independent candidate in a partisan election for local office (_except_ may not **solicit** a federal employee)
**Accept or receive** a political contribution for a partisan candidate for local office (_except_ from a subordinate)
**Solicit, accept or receive** uncompensated volunteer services in the preceding three instances (_except_ from a subordinate)

**DESIGNATED LOCALITIES****5 U.S.C. § 7325; 5 C.F.R. Part 733**

## Further restricted employees who reside in designated localities may –

Run as independent candidates in partisan elections for local office in that designated locality

Solicit, accept or receive a political contribution on behalf of an independent candidate in a partisan election for local office (except may not solicit a federal employee or accept or receive a political contribution from a subordinate)

Solicit, accept or receive uncompensated volunteer services in the preceding two instances (except from a subordinate) 

**Run** as independent candidates in partisan elections for local office in that designated locality
**Solicit, accept or receive** a political contribution on behalf of an independent candidate in a partisan election for local office (_except_ may not **solicit **a federal employee or **accept or receive** a political contribution from a subordinate)
**Solicit, accept or receive** uncompensated volunteer services in the preceding two instances (_except_ from a subordinate)

**DESIGNATED LOCALITIES****5 U.S.C. § 7325; 5 C.F.R. Part 733**

## PENALTIES FOR VIOLATION(FEDERAL HATCH ACT)5 U.S.C. § 7326

**MERIT SYSTEMS PROTECTION BOARD MAY ORDER EMPLOYEE’S —**
**REMOVAL**
**	****	**_***OR***_
**SUSPENSION (30-DAY MINIMUM)**

## STATE AND LOCAL EMPLOYEES5 U.S.C. §1501-1508

**Who is covered? **
**State/local employees **
**	****	****- executive branch**
**	****	****- principal employment**
**	****	****- in connection with an activity that is federally ****	****	****financed ****	**
** **
_**Key**_**:  Does the employee perform duties in connection with a ****	****federally funded program?  Salary is not controlling.   **

## FEDERAL HATCH ACT:OSC PHONE / E-MAIL CONTACTS

**	****(202) 653-7143**
**	**_***hatchact@osc.gov***_
_**PUBLIC INFORMATION**_**:****	****(202) 653-2253**
_**OSC SPEAKERS / OUTREACH**_**:****	****(202) 653-6006**

**FEDERAL HATCH ACT:****OSC PHONE / E-MAIL CONTACTS**

## OSC WEB SITE (http://www.osc.gov)