Restrictions on Ballot and Partisan Political Activity 

December 2022 

 

COMPILATION OF RESTRICTIONS ON BALLOT AND PARTISAN POLITICAL ACTIVITY BY AMERICORPS 

GRANTEES AND VISTA MEMBERS 

If an organization (“recipient” or “sub-recipient”) receives grant funds or other assistance from 

AmeriCorps, certain federal restrictions on partisan political activity will apply to that organization, as 

well as to individuals receiving funds or benefits under such a grant or agreement. 

As a general matter, those partisan political activity restrictions forbid recipients and subrecipients from: 

• using their official authority or influence to interfere with or affect the results of an election, or 

• directly or indirectly coercing contributions from subordinates in support of a political 

candidate, party or organization. 

In addition, recipients are generally prohibited from spending AmeriCorps grant funds or resources to: 

• influence the outcome of any election to Federal, State, or local public office or 

• engage in voter registration activities, or for transporting people to polling places. 

To help recipients and subrecipients understand and comply with the foregoing restrictions, AmeriCorps 

has compiled the following list of statutory and regulatory references which summarize the limitations 

and restrictions on partisan political activity that those recipients and subrecipients must adhere to. 

The following list is merely a reference tool to support compliance; recipients and sub-recipients may 

not rely on this as a definitive or complete recitation of all applicable legal principles that might apply in 

a given situation. 

I. The Hatch Act (for Employees of State and Local Governments that receive AmeriCorps grants or 

other assistance) 

The Hatch Act, a federal law originally passed in 1939, limits certain political activities on the part of 

state and local government employees who work in connection with federally funded programs. See, 5 

U.S.C. §§ 1501 et. seq. The Act’s restrictions apply to those state and local government employees who, 

as a normal and foreseeable incident of their principal employment, perform duties in connection with 

an activity financed in whole or in part by federal funds.1 Under the Act, these “covered” state and local 

employees cannot: 

 1 The Hatch Act does not apply to individuals who are principally employed by educational or research institutions, establishments, agencies or 

systems that are supported in whole or in part by a state, local agency, or recognized religious, philanthropic or cultural organization (e.g., 

teachers, administrators, custodians, etc.). 

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use their 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, or local officer or 

employee to pay, lend, or contribute anything of value to a partisan political party, committee, 

organization, agency, or person for political purposes. 

These prohibitions continue to apply while the employees are on annual leave, sick leave, administrative 

leave, furlough, or any other paid or unpaid leave. In addition, a covered state or local employee whose 

salary is paid for entirely by federal funds are prohibited from running for elective office. 

II. Federal Awardees - Code of Federal Regulations 

As a general matter, provisions in the Code of Federal Regulations (CFR), Uniform 

Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards (2 CFR Part 

200), impose restrictions on political activity by nonprofit organizations and Institutes of Higher 

Education. Those restrictions include prohibitions on: 

• Attempting to influence the outcome of any Federal, state, or local election, referendum, 

initiative, or similar procedure, through in-kind or cash contributions, endorsements, publicity, 

or similar activity;1

 

• Establishing, administering, contributing to, or paying the expenses of a political party, 

campaign, political action committee, or other organization whose purpose is to influence the 

outcome of elections in the United States;2

 

III. AmeriCorps -Specific Requirements 

A. AmeriCorps State and National Program 

With regard to AmeriCorps specifically, section 174(b) of the National and Community Service Act 

(NCSA) (42 U.S.C. § 12634(b)) provides that AmeriCorps grants awarded under the NCSA shall not be 

used by program participants and program staff to finance, directly or indirectly, any activity designed to 

influence the outcome of an election to Federal office or the outcome of an election to a State or local 

public office. 

In addition, section 132A of the NCSA (42 U.S.C. § 12584a), in conjunction with AmeriCorps regulations 

at 45 CFR 2520.65, provide that AmeriCorps Members and AmeriCorps program staff serving under 

AmeriCorps State and National grants3 may not be utilized for the purpose of— 

1 2 C.F.R. § 200.450(c)(1)(i). 

2 2 C.F.R. § 200.450(c)(1)(ii). 

3 These restrictions apply to AmeriCorps members and program staff while charging time to the AmeriCorps program, accumulating service or 

training hours, or otherwise performing activities supported by AmeriCorps. 
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• engaging in partisan political activities, or other activities designed to influence the outcome of 

an election to Federal office or the outcome of an election to a State or local public office, or 

 

participating in, or endorsing, events or activities that are likely to include advocacy for or 

against political parties, political platforms, political candidates, proposed legislation, or elected 

officials. 

B. AmeriCorps VISTA Program and AmeriCorps Seniors Programs 

Congress also placed restrictions on partisan political activity of recipients of federal assistance under 

the Domestic Volunteer Service Act of 1973 (DVSA) (42 U.S.C. § 5043). Those provisions restrict any 

organizations receiving DVSA assistance from AmeriCorps (i.e., VISTA sponsors, sub-recipient 

organizations, and AmeriCorps Seniors grantees) from using that assistance (including funded services 

or personnel) such that it results in identifying the organization with— 

• any partisan or nonpartisan political activity associated with a candidate, or a contending faction 

or group, in an election for public or party office; 

• any activity to provide voters or prospective voters with transportation to the polls or similar 

assistance in connection with any such election; 

• any voter registration activity4

, or 

• any activity whose purpose is to influence the passage or defeat of ... proposals by initiative 

petition. 

Also, AmeriCorps has by regulations, (45 CFR §1226.8; 45 CFR §§ 2556.700-2556.780) prohibited 

AmeriCorps Seniors Volunteers and AmeriCorps VISTA members from engaging in electoral and lobbying 

activity, including: 

• any activity in support of, or in opposition to a candidate for election to public office in a 

partisan or nonpartisan election; 

• participating in the circulation of petitions, or the gathering of signatures on nominating 

petitions or similar documents for candidates for public office; 

• raising, soliciting, or collecting funds for a candidate for public office; 

• preparing, distributing or providing funds for campaign material for candidates, including 

leaflets, pamphlets, brochures and material designed for the print or electronic media; 

• organizing political meetings or forums; 

• canvassing voters on behalf of a candidate for public office; 

• raising, soliciting or collecting funds for groups that engage in any of these activities; 

4 VISTA sponsors can make voter registration applications and nonpartisan voter registration information available to the public on the 

sponsors’ premises. But VISTA sponsor staff members may not indicate a preference with respect to any candidate, political party, or election 

issue; or seek to influence the political or party affiliation, or voting decision, of any individual. 42 U.S.C. 5043(b)(1)(C) and (b)(2). However, by 

regulation Senior Corps grantees may not engage any voter registration activity, including the dissemination of official voter registration 

materials. 45 CFR 1226.8(b). 
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• circulating petitions, gathering signatures on petitions, or urging or organizing others to do so, 

for the purpose of placing certain measures on the ballot at a general or special election; or 

 

any activities related to the passage or defeat of any measure on the ballot in a general or 

special election. 

AmeriCorps Seniors Volunteers and AmeriCorps VISTA members are also prohibited from engaging in 

any voter registration activity, including: 

• providing transportation of individuals to voter registration sites, or collect, raise, or solicit funds 

to support transportation activities; 

• providing assistance to individuals in the process of registering to vote, including determinations 

of eligibility; 

• disseminating official voter registration materials; or 

• raising, soliciting or collecting funds to support those activities. 

C. AmeriCorps VISTA Program 

In addition to the foregoing prohibitions in the DVSA, AmeriCorps VISTA members are to be treated as 

federal employees under the Hatch Act (regardless of whether they are full- or part-time). 42 USC 

5055(b). AmeriCorps has issued regulations covering the restrictions and prohibitions on political 

activities for VISTA members. Under those regulations, VISTA members may not engage in the following 

activities at any time: 

F. using their official authority or influence to interfere with or affect the result of an election.5

 For 

example: 

a. using their official titles or positions while engaged in political activity; 

b. inviting subordinate employees to political events or otherwise suggest to subordinates 

that they attend political events or undertake any partisan political activity. 

G. soliciting, accepting or receiving a donation or contribution for a partisan political party, 

candidate for partisan political office, or partisan political group.6

 For example: 

a. hosting a political fundraiser; 

b. collecting contributions or sell tickets to political fundraising functions. H. Being a 

candidate for public office in a partisan political election.7

 

I. knowingly soliciting or discouraging the participation in any political 

activity of anyone who has business pending before their office.8

 

5 See 45 CFR 2556.710(a) 

6 See 45 CFR 2556.740(c)(1) 

7 See 45 CFR 2556.735 

8 See 45 CFR 2556.745 
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Nevertheless, VISTA members may engage in certain political activities – i.e., activity directed at the 

success or failure of a political party, candidate for partisan political office, or partisan political group. 

For example, VISTA members may: 

J. distribute campaign materials or items; K. display campaign materials 

or items; 

L. perform campaign related chores; 

M. wear or display partisan political buttons, T-shirts, signs, or other items; 

 
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N. make political contributions to a partisan political party, candidate for partisan political office, 

or partisan political group; 

O. post a comment to a blog or a social media site that advocates for or against a partisan political 

party, candidate for partisan political office, or partisan political group; or 

P. use any e-mail account or social media to distribute, send, or forward content that advocates 

for or against a partisan political party, candidate for partisan political office, or partisan 

political group. 

However, VISTA members MAY NOT participate in any of the foregoing activities while they are either 

on duty, in any federal room or building, wearing a uniform or official insignia, or using any federally 

owned or leased vehicle. In addition, any such activity cannot: 

Q. interfere with the performance of, or availability to perform, the member’s VISTA project 

duties; 

R. interfere with the member’s provision of service in the VISTA program; 

S. be conducted in a manner involving the use of VISTA assistance, resources or fund; 

T. result in the identification of the member as being a participant in or otherwise associated with 

the VISTA program; 

U. be conducted during scheduled VISTA service hours; and 

V. interfere with the member’s full-time commitment to remain available at all times for VISTA 

service without regard to regular working hours, during periods of service, and except for 

authorized periods of leave.