Public Buildings Service

U.S. General Services Administration

1800 F Street NW

Washington DC 20405-0002

www.gsa.gov

February 28, 2022 

MEMORANDUM FOR: PUBLIC BUILDINGS SERVICE 

REGIONAL COMMISSIONERS

FROM: ANDREW HELLER

ASSISTANT COMMISSIONER

OFFICE OF FACILITIES MANAGEMENT (PM)

SUBJECT: Operational Guidance for Voter Registration Event Requests 

in Federally Owned Facilities Controlled by GSA

Under 40 U.S.C. § 581(h)(2), GSA may make certain areas of its public buildings 

(i.e., auditoriums, meeting rooms, courtyards, rooftops, or lobbies) available for cultural, 

educational or recreational activity. The occasional use of these spaces is governed by 

the permitting procedures set forth in the Federal Management Regulation at subpart D 

of part 102-74 of subchapter C of chapter 102 of subtitle C of title 41 of the Code of 

Federal Regulations, 41 C.F.R. §§ 102-74.460 - 102-74.560.

The Hatch Act, 5 U.S.C. §§ 7321-7326, regulates the partisan political activity of 

Federal executive branch employees, and bars such employees from engaging in 

partisan political activity while on duty or in any Government space. Partisan political 

activity is “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.

In accordance with the Hatch Act, Government employees must not grant permit 

requests for the use of space in public buildings and grounds for partisan political 

activities. To do so would be deemed to be engaging in activity that is directed toward 

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

political group. However, a non-partisan voter registration drive conducted in a federally 

owned facility under the jurisdiction, custody and control of GSA by an organization that 

qualifies for an exemption from taxation under 26 U.S.C. § 501(c)(3) (a “501(c)(3) 

organization”) may be approved on a case-by-case basis by the GSA Facility Manager 

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or other regionally designated approving official, but only after consultation with the 

Office of General Counsel. Because 501(c)(3) organizations are prohibited from directly 

or indirectly participating in partisan political activity under the federal tax code, it is 

reasonable for GSA to rely on an organization’s 501(c)(3) status (in the form of an 

official Internal Revenue Service (“IRS”) ruling, an IRS letter of determination or other 

documentation sufficient to establish the organization’s 501(c)(3) status) when 

considering a permit request, absent any other circumstances surrounding the request 

that indicate the likelihood of a partisan event. Any application for a permit for a nonpartisan voter registration drive sent by other than a 501(c)(3) organization will need to 

undergo additional analysis from the Office of General Counsel. 

The following procedures are intended as guidance to assist regions in evaluating 

requests for use of GSA-controlled federally owned space for non-partisan voter 

registration drives:

1. Facility Manager or other regionally designated approving official provides the 

GSA 3453 APPLICATION/PERMIT FOR USE OF SPACE IN PUBLIC 

BUILDINGS AND GROUNDS to the requestor with the following added to “Part 

III - Conditions” (see Special Terms and Conditions text block on pg. 2): “For 

non-partisan voter registration events, the applicant hereby represents that it is a 

501(c)(3) organization and certifies that the requesting organization has received 

an official Internal Revenue Service (IRS) ruling, an IRS letter of determination or 

other documentation stating that the organization or its parent organization 

qualifies for tax-exempt status under 26 U.S.C. § 501(c)(3). Additionally, the 

applicant hereby certifies that all event activities on Federal Government property 

will be non-partisan.” 

2. Upon receipt of the signed application for a permit (including applicant signatures 

on both pages), the GSA Facility Manager or other regionally designated 

approving official provides the completed GSA 3453 application for a permit to 

the Office of General Counsel for review and consultation.

3. After consultation with the Office of General Counsel, the Facility Manager or 

other regionally designated approving official may approve or deny the GSA 

3453 application for a permit.

4. See the GSA 3453 application for a permit for all other terms and conditions that 

apply to this and all permits.

If you have questions or would like to discuss further, please contact me on (202) 501-

0772.

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