and the State and Local Employee

PoliticalActivity

and the State and Local Employee
Political Activity

and the State and Local Employee

The Hatch Act 

Its Importance to State and Local Employees....................................................................................2 

Who Is Covered..........................................................................................................................................3 

Who Is Not Covered...................................................................................................................................3 

Permitted and Prohibited Activities for State and Local Employees.........................................................4 

Questions and Answers ..............................................................................................................................5 

General Provisions ............................................................................................................................5 

Prohibited Activities..........................................................................................................................5 

Permitted Activities ..........................................................................................................................6 

Penalties for Violation.......................................................................................................................7 

Special Considerations for Employee-of-Private, Nonprofit 

Agencies Receiving Federal Assistance...................................................................................7 

The Office of Special Counsel ...................................................................................................................8 

Title 5, United States Code Sections 1501 - 1508......................................................................................9 

Important Note 

This booklet summarizes the laws, regulations and policies governing the political activities of certain 

employees of state and local governments. Its intent is to provide a basic overview of permissible and 

prohibited political activities. Employees should not rely on the opinions of friends or co-workers when 

they have questions with regard to a specific political activity. Ignorance of the law does not excuse an 

employee’s violation of the Hatch Act. Reliance on incorrect or unofficial information also does not 

excuse a violation. Employees with additional questions may obtain an advisory opinion by telephoning 

the Office of Special Counsel or by submitting their questions, in writing, to the address listed below. 

U. S. Office of Special Counsel 1730 M Street, N. W., Suite 210 

Washington, D.C. 20036-4505 

202–254-3650

1-800-854-2824 

www.osc.gov E-mail: hatchact@osc.gov 

Rev. December, 2005
The Hatch Act 

Its Importance to State and Local

Government Employees 

The political activity of government employees 

has been a concern of elected officials since the 

earliest days of the Republic. Thomas Jefferson, the 

nation's third President, was among the first to express 

concern about this issue. 

In response to Jefferson's concern, the heads of 

the executive departments issued an order which 

stated that while it is “the right of any officer (federal 

employee) to give his vote at elections as a qualified 

citizen... it is expected that he will not attempt to 

influence the votes of others nor take any part in the 

business of electioneering, that being deemed 

inconsistent with the spirit of the Constitution....” 

However, despite the concerns of Jefferson and 

other American statesmen, almost a century 

and a half elapsed before Congress enacted a 

comprehensive law regarding the political activities of 

government employees. 

In 1939, Congress approved landmark legislation 

known as the Hatch Act which limits the political 

activities of federal employees, employees of the 

District of Columbia government and certain 

employees of state and local governments. 

In passing the Hatch Act, Congress determined 

that partisan political activity by federal employees, 

employees of the District of Columbia government 

and certain employees of state and local governments 

must be limited for public institutions to function 

fairly and effectively. 

Before 1979, the U. S. Civil Service Commission 

had primary responsibility for enforcing the Hatch 

Act. However, the Civil Service Reform Act of 1978 

transferred the Commission's investigative and 

prosecutorial authority to the Office of the Special 

Counsel of the U. S. Merit Systems Protection Board 

(MSPB). Passage of the Whistleblower Protection Act 

in 1989, established the Office of Special Counsel as 

an independent agency within the executive branch of 

the federal government. 

2
Who Is Covered? 

The Hatch Act restricts the political activity of 

individuals principally employed by state or local 

executive agencies who work in connection with 

programs financed in whole or in part by federal loans 

or grants. 

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, antipoverty, and law enforcement programs. 

Usually, employment with a state or local agency 

constitutes the principal employment of the employee 

in question. When an employee holds two or more 

jobs, principal employment is generally deemed to be 

that job which accounts for the most work time and 

the most earned income. 

Hatch Act provisions also apply to employees of 

private, nonprofit organizations which plan, develop 

and coordinate federal Head Start or Economic 

Opportunity programs. 

State and local employees subject to political 

activity laws 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: 

1) individuals who exercise no functions in 

connection with federally financed activities: or 

2) individuals employed by educational or research 

institutions, establishments, or agencies which 

are supported in whole or in part by state or 

political subdivisions thereof, or by recognized 

religious, philanthropic or cultural organizations. 

The law also exempts certain specified 

employees from the prohibition on candidacy for 

elective office. These exemptions include: 

1) the governor or lieutenant governor of a state, or 

an individual authorized by law to act as 

governor; 

2) the mayor of a city; 

3) 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 

4) an individual holding public elective office. The 

latter exemption applies only when the elective 

office is the position which would otherwise 

subject the employee to the restriction of the 

Hatch Act. 

3
Permitted and Prohibited Activities 

For State and Local Employees 

• May be a candidate for public office in a nonpartisan election 

• May campaign for and hold elective office in 

political clubs and organizations 

• May actively campaign for candidates for public 

office in partisan and nonpartisan elections 

• May contribute money to political organizations 

or attend political fundraising functions 

• May participate in any activity not specifically 

prohibited by law or regulation 

An election is partisan if any of the candidates in the 

election are running as a representative of a political 

party whose presidential candidate received votes in 

the preceding election at which Presidential electors 

were selected. 

• May not be a candidate for public office in a 

partisan election 

• May not use official authority or influence for 

the purpose of interfering with or affecting the 

results of an election or a nomination for office 

• May not directly or indirectly coerce contributions from subordinates in support of a political 

party or candidate 

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 or local laws. 

4
Questions and Answers 

General Provisions 

Q. Which state and local employees are 

restricted in their political activity? 

A. Executive branch employees in any agency of a 

state or local government whose principal 

employment is in connection with an activity financed 

in whole or in part by federal loans or grants are 

covered by the law. 

Q. What does “principal employment” mean? 

A. If an employee has only one position or job, that 

is his principal employment. When an employee holds 

two or more jobs, principal employment is usually 

deemed to be the job at which the employee spends 

the majority of his time and from which he earns the 

majority of his income. 

Q. Which officers or employees of a state, 

territorial or municipal government are not 

prohibited from running for office in a partisan 

election? 

A. The governor, the lieutenant governor, the 

mayor of a city or other elected officials of a state or 

local government are exempt if the elective office is 

the principal employment. 

Q. Are there any employees exempted by the 

statute? 

A. Yes. Officers and employees of educational and 

research institutions, establishments, agencies or 

systems supported in whole or in part by state or local 

governments or by recognized religious, philanthropic 

or cultural organizations are not covered by the 

statute. 

Q. Do the political activity restrictions apply 

equally for a full-time or part-time employee? 

A. Yes, provided the employee's position with the 

federally financed agency is his or her principal 

employment. 

Prohibited Activities 

Q. What does federal law provide concerning the 

political activity of certain state or local 

employees? 

A. State or local employees subject to the 

provisions of the Hatch Act may not: 

(1) use their official authority or influence for 

the purpose of interfering with or affecting the 

result of an election or nomination for office; 

(2) directly or indirectly coerce, attempt to 

coerce, command or advise a state or local 

officer or employee to pay, lend or contribute 

anything of value to a party, committee, 

organization, agency or person for political 

purposes; or 

(3) be candidates for elective office. 

Q. Does the law cover employees in the executive 

branch of the territorial governments of Puerto 

Rico, the Virgin Islands, Guam and American 

Samoa? 

A. Yes. For purposes of the law the term “state” 

includes states, territories and possessions of the 

United States. 

Q. What type of activity is prohibited by the 

restrictions against misuse of official authority and 

coercion? 

A. These prohibitions are aimed at activities such as 

threatening to deny promotion to any employee who 

does not vote for certain candidates, requiring 

employees to contribute a percentage of their pay to a 

political fund, influencing subordinate employees to 

buy tickets to political fund raising dinners and 

similar events, and advising employees to take part in 

political activity. These prohibitions principally affect 

supervisors but are applicable to any covered 

employee. For instance, employees still may not 

coerce command or advise other covered employees 

to make political contributions or to contribute their 

time or anything of value for partisan political 

purposes. 

5
Q. What is meant by the prohibition against 

candidacy “for elective office”? 

A. State or local employees subject to the Hatch 

Act may not be candidates for public office in partisan 

elections. Primary and run-off elections to nominate 

candidates of partisan political parties are partisan 

elections for purposes of the law even though no party 

designation appears on the ballot. 

Q. Does this mean that covered state or local 

employees cannot be candidates for public office in 

any election? 

A. No. The law permits officers and employees to 

be candidates in nonpartisan elections. These are 

elections in which none of the candidates are 

nominated or elected as representatives of political 

parties whose presidential candidates received votes in 

the preceding presidential election. 

Q. Who enforces the law for covered state and 

local employees? 

A. The Special Counsel is responsible for enforcing 

the Hatch Act. The MSPB has authority to adjudicate 

disciplinary actions brought by the Special Counsel 

against covered state and local employees who are 

alleged to have violated the law. 

Permitted Activities 

Q. What types of political activity are permitted 

under the Hatch Act? 

A. State or local employees subject to the 

provisions of the Hatch Act may take an active part in 

political management and political campaigns. 

Q. What types of permitted activities are 

included in the term "political management "? 

A. Employees may be members of and may hold 

office in political parties, organizations or clubs. 

Employees may attend meetings, endorse candidates 

and take an active part in the management of clubs, 

organization or parties. Also, employees may be 

candidates for political party office. 

Attendance at political conventions and 

participation in the deliberations or proceedings are 

permitted activities. Employees may be candidates 

for, or serve as delegates, alternates or proxies at such 

conventions. 

Volunteer work for partisan candidates, 

campaign committees, political parties or nominating 

conventions of political parties is permitted. 

Q. What types of permitted activities does the 

term “political campaigns” include? 

A. Employees may campaign for candidates in 

partisan elections by making speeches, writing letters, 

drafting speeches for candidates or soliciting voters to 

support or oppose candidates. 

Employees may attend political meetings or 

rallies including committee meetings of political 

organizations, and may serve on committees that 

organize or direct activities at partisan campaign 

meetings or rallies. 

Q. May employees make financial contributions to 

political parties or organizations? 

A. Yes. Employees may make financial contributions 

to political parties or organizations. The employees 

may solicit and collect voluntary political 

contributions. However, they may not solicit, coerce, 

command or advise other covered employees to make 

such contributions. 

6
Q. Does the law prohibit employees from holding 

public elective office? 

A. No. The law that prohibits candidacy for elective 

office does not prohibit holding office. Therefore, if 

an employee holds elective office when appointed to a 

covered state or local position, the employee may 

continue to serve. However, such an employee may 

not be a candidate for reelection in a partisan election. 

Likewise, an employee may accept appointment to fill 

a vacancy in an elective public office while 

concurrently serving in a covered position. Such an 

employee should ascertain from his or her employing 

agency if acceptance of such an appointment 

constitutes a conflict of interest. 

Q. May employees work at the polls on election 

day? 

A. Covered state or local employees may serve at 

the polls as election officials, clerks, checkers, 

watchers or as challengers for political parties and 

candidates in partisan elections. 

Penalties for Violation 

Q. What is the penalty for violating the Hatch 

Act? 

A. If the Merit Systems Protection Board finds that 

the offense warrants dismissal from employment, the 

employing agency must either: 

(1) dismiss the employee or 

(2) forfeit a portion of the federal assistance 

equal to two years salary of the employee. 

If the Board finds the violation does not 

warrant the employee’s discharge, no penalty is 

imposed. 

Q. Where is the law found which restricts 

political activity of state, territory, possession and 

local agency employees? 

A. Title 5 of the United States Code, Sections 

1501-1508 and Title 5 of the Code of Federal 

Regulations part 151. 

Special Considerations for 

Employee of Private, 

Nonprofit Agencies Receiving 

Federal Assistance 

Q. Are any political restrictions applicable to 

employees of private, nonprofit organizations? 

A. Yes. Employees of private, nonprofit 

organizations which plan, develop and coordinate 

federal Head Start programs are subject to the same 

political activity restrictions that apply to covered 

state and local employees. 

7
The Office of Special Counsel 

Procedures 

The Office of Special Counsel is responsible for 

investigating reports or complaints of Hatch 

Act violations by covered employees of local 

governments. 

If an investigation uncovers evidence of a, 

violation of the law warranting prosecution, a written 

complaint for disciplinary action may be filed with the 

U. S. Merit Systems Protection Board (MSPB). A 

copy of the complaint is served on the charged 

employee. Full opportunity is provided to contest the 

charges, including a right to a hearing before the 

MSPB. The employee may be represented by counsel 

at all stages of the proceedings. 

After consideration of the entire record, the 

MSPB will notify the employee and the employing 

agency of its decision. 

If the MSPB finds the offense warrants dismissal 

from employment, the employing agency must either: 

(1) dismiss the employee or (2) forfeit a portion of the 

federal assistance equal to two years’ salary of the 

employee. If the MSPB finds the violation does not 

warrant the employee’s discharge, no penalty is 

imposed. 

Briefings 

In order to better acquaint state and local 

government employees with the provisions regarding 

political activity, attorneys from the Office of Special 

Counsel are available for briefings. 

Additionally, employees may obtain answers to 

specific questions regarding political activity by 

calling OSC at 800-85-HATCH (854-2824) or 202-

254-3650. Requests for written advisories may be 

made to the: 

U. S. Office of Special Counsel 

1730 M Street, NW 

Suite 218

Washington, DC 20036 

E-mail: hatchact@osc.gov

Homepage: http://www.osc.gov 

8
Title 5. United States Code 

Chapter 15 - Political Activity of Certain State and 

Local Employees 

Sec. 

1501. Definitions. 

1502. Influencing elections, taking part in political 

campaigns; prohibitions; exceptions. 

1503. Nonpartisan candidacies permitted. 

1504. Investigations; notice of hearing. 

1505. Hearings; adjudications; notice of determinations. 

1506. Orders; withholding loans or grants; limitations. 

1507. Subpoenas and depositions. 

1508. Judicial review. 

§ 1501. Definitions 

For the purpose of this chapter 

(1) “State” means a State or territory or possession 

of the United States; 

(2) “State or local agency” means the executive 

branch of a State, municipality, or other political 

subdivision of a State, or an agency or department 

thereof; 

(3) “Federal agency” means an Executive agency or 

other agency of the United States, but does not include 

a member bank of the Federal Reserve System; and 

(4) “State or local officer or employee” means an 

individual employed by a State or local agency whose 

principal employment is in connection with an activity 

which is financed in whole or in part by loans or grants 

made by the United States or a Federal agency, but 

does not include --

(A) an individual who exercises no functions 

in connection with that activity; or 

(B) an individual employed by an educational 

or research institution, establishment agency, or 

system which is supported in whole or in part by a 

State or political subdivision thereof, or by a 

recognized religious, philanthropic, or cultural 

§ 1502. Influencing elections; taking part in political 

campaigns; prohibitions; exceptions 

(a) A State or local officer or employee may not --

(1) use his official authority or influence for the 

purpose of interfering with or affecting the result of an 

election or a nomination for office; 

(2) directly or indirectly coerce, attempt to coerce, 

command, or advise a State or local officer or 

employee to pay, lend, or contribute anything of value 

to a party, committee, organization, agency, or person 

for political purposes; or 

(3) be a candidate for elective office. 

(b) A State or local officer or employee retains the 

right to vote as he chooses and to express his opinions on 

political subjects and candidates. 

(c) Subsection (a)(3) of this section does not apply 

to – 

(1) the Governor or Lieutenant Governor of a State 

or an individual authorized by law to act as Governor; 

(2) the mayor of a city; 

(3) 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; or 

(4) an individual holding elective office. 

§ 1503. Nonpartisan candidacies permitted 

Section 1502(a)(3) of this title does not prohibit any State 

or local officer or employee from being a candidate in any 

election if none of the candidates is to be nominated or 

elected at such election as representing a party any of whose 

candidates for Presidential elector received votes in the last 

preceding election at which Presidential electors were 

selected. 

§ 1504. Investigations; notice of hearing 

When a Federal agency charged with the duty of making 

a loan or grant of funds of the United States for use in an 

activity by a State or local officer or employee has reason to 

believe that the officer or employee has violated section 

1502 of this title, it shall report the matter to the Special 

Counsel. On receipt of the report or on receipt of other 

information which seems to the Special Counsel to warrant 

an investigation, the Special Counsel shall investigate the 

report and such other information and present his findings 

and any charges based on such findings to the Merit Systems 

Protection Board, which shall --

(1) fix a time and place for a hearing; and 

(2) send, by registered or certified mail, to the 

officer or employee charged with the violation and to 

the State or local agency employing him a notice 

setting forth a summary of the alleged violation and 

giving the time and place of the hearing. 

The hearing may not be held earlier than 10 days after 

the mailing of the notice. 

§ 1505. Hearings; adjudications; notice of 

determinations 

Either the State or local officer or employee or the State 

or local agency employing him or both, are entitled to appear 

with counsel at the hearing under section 1504 of this title, 

and be heard. After this hearing, the Merit Systems 

Protection Board shall --

9
(1) determine whether a violation of section 1502 

of this title has occurred; 

(2) determine whether the violation warrants the 

removal of the officer or employee from his office or 

employment; and 

(3) notify the officer or employee and the agency of 

the determination by registered or certified mail. 

§ 1506 Orders; withholding loans or grants; 

(a) When the Merit Systems Protection Board 

finds 

(1) that a State or local officer or employee has not 

been removed from his office or employment within 30 

days after notice of a determination by the Board that 

he violated section 1502 of this title and that the 

violation warrants removal; or 

(2) that the State or local officer or employee has 

been removed and has been appointed within 18 

months after his removal to an office or employment 

in the same State in a State or local agency which does 

not receive loans or grants from a Federal agency; the 

Board shall make and certify to the appropriate Federal 

agency an order requiring that agency to withhold from 

its loans or grants to the State or local agency to which 

notice was given an amount equal to 2 years’ pay at the 

rate the officer or employee was receiving at the time 

of the violation. When the State or local agency to 

which appointment within 18 months after removal has 

been made is one that receives loans or grants from a 

Federal agency, the Board order shall direct that the 

withholding be made from that State or local agency. 

(b) Notice of the order shall be sent by registered or 

certified mail to the State or local agency from which 

the amount is ordered to be withheld. After the order 

becomes final, the Federal agency to which the order is 

certified shall withhold the amount in accordance with 

the terms of the order. Except as provided by section 

1508 of this title, a determination or order of the Board 

becomes final at the end of 30 days after mailing the 

notice of the determination or order. 

(c) The Board may not require an amount to be 

withheld from a loan or grant pledged by a State or 

local agency as security for its bonds or notes if the 

withholding of that amount would jeopardize the 

payment of the principal or interest on the bonds or 

notes. 

§ 1507. Subpoenas and depositions 

(a) The Merit Systems Protection Board may require 

by subpoena the attendance and testimony of witnesses 

and the production of documentary evidence relating to 

any matter before it as a result of this chapter. Any 

member of the Board may sign subpoenas, and members 

if the Board and its examiners when authorized by the 

Board-may administer oaths examine witnesses, and 

receive evidence. The attendance of witnesses and the 

production of documentary evidence may be required 

from any place in the United States at the designated 

place of hearing. In ease of disobedience to a subpoena, 

the Board may invoke the aid of a court of the United 

States in requiring the attendance and testimony of 

witnesses and the production of documentary evidence. 

In case of contumacy or refusal to obey a subpoena 

issued to a person, the United States District Court within 

whose jurisdiction the inquiry is carried on may issue an 

order requiring him to appear before the Board, or to 

produce documentary evidence if so ordered, or to give 

evidence concerning the matter in question; and any 

failure to obey the order of the court may be punished by 

the court as a contempt thereof. 

(b) The Board may order testimony to be taken by 

deposition at any stage of a proceeding or investigation 

before it as a result of this chapter. Depositions may be 

taken before an individual designated by the Board and 

having the power to administer oaths. Testimony shall be 

reduced to writing by the individual taking the 

deposition, or under his direction, and shall be subscribed 

by the deponent. Any person may be compelled to appear 

and depose and to produce documentary evidence before 

the Board as provided by this section. 

(c) A person may not be excused from attending and 

testifying or from producing documentary evidence or in 

obedience to a subpoena on the ground that the testimony 

or evidence, documentary or otherwise, required of him 

may tend to incriminate him or subject him to a penalty 

or forfeiture for or on account of any transaction, matter, 

or thing concerning which he is compelled to testify, or 

produce evidence, documentary or otherwise, before the 

Board in obedience to a subpoena issued by it. A person 

so testifying is not exempt from prosecution and 

punishment for perjury committed in so testifying. 

§ 1508. Judicial review 

A party aggrieved by a determination or order of the 

Merit Systems Protection Board under section 1504, 1505, 

or 1506 of this title may within 30 days after the mailing of 

notice of the determination or order institute proceedings for 

review thereof by filing a petition in the United States 

District Court for the district in which the State or local 

officer or employee resides. The institution of the 

proceedings does not operate as a stay of the determination 

or order unless --

(1) the court specifically orders a stay; and 

(2) the officer or employee is suspended from his 

office or employment while the proceedings are 

pending. 

A copy of the petition shall immediately be served on the 

Board, and thereupon the Board shall certify and file in the 

court a transcript of the record on which the determination or 

order was made. The court shall review the entire record 

including questions of fact and questions of law. If 

10
application is made to the court for leave to adduce 

additional evidence, and it is shown to the satisfaction of the 

court that the additional evidence may materially affect the 

result of the proceedings and that there were reasonable 

grounds for failure to adduce this evidence in the hearing 

before the Board, the court may direct that the additional 

evidence be taken before the Board in the manner and on the 

terms and conditions fixed by the court. The Board may 

modify its findings of fact or its determination or order in 

view of the additional evidence and shall file with the court 

the modified findings, determination, or order; and the 

modified findings of fact, if supported by substantial 

evidence, are conclusive. The court shall affirm the 

determination or order, or the modified determination or 

order, if the court determines that it is in accordance with 

law. If the court determines that the determination or order, 

or the modified determination or order, is not in accordance 

with law, the court shall remand the proceeding to the Board 

with directions either to make a determination or order 

determined by the court to be lawful or to take such further 

proceedings as, in the opinion of the court, the law requires. 

The judgment and decree of the court are final, subject to 

review by the appropriate United States Court of Appeals as 

in other cases, and the judgment and decree of the court of 

appeals are final subject to review by the Supreme Court of 

the United States on certiorari or certification as provided by 

section 1254 of title 28. If a provision of this section is held 

to be invalid as applied to a party by a determination or 

order of the Board, the determination or order becomes final 

and effective as to that party as if the provision had not been 

enacted. 

11