Hatch Act | Practical Law

Hatch Act | Practical Law

Hatch Act

Hatch Act

Practical Law Glossary Item 7-577-0745 (Approx. 4 pages)

Glossary

Hatch Act

The US law that restricts the partisan political activity of federal civilian employees in the executive branch (5 U.S.C. §§ 7321 to 7326). Federal employees fall into one of two categories under the Hatch Act:
  • Less Restricted employees.
  • Further Restricted employees.
Less Restricted employees include most federal executive branch employees. Less Restricted employees may take an active part in partisan political campaigns but may not:
  • Use their official authority or influence to interfere with or affect the result of an election.
  • Solicit, accept, or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group, except under limited circumstances.
  • Run for public office in partisan political elections.
  • Knowingly solicit or discourage the political activity of anyone who has business pending before the employee's office.
  • Engage in political activity while:
    • on duty;
    • in a federal office or building;
    • wearing a uniform or official insignia; or
    • using a federally owned or leased vehicle.
Further Restricted employees include employees in intelligence and enforcement-type agencies that are specified in the statute as well as certain senior executive positions and administrative law judges. Further Restricted employees are prohibited from taking an active part in partisan political campaigns. Specifically, Further Restricted employees may not:
  • Run for public office in partisan political elections.
  • Campaign for or against a candidate or slate of candidates.
  • Make campaign speeches or engage in other campaign activities to elect partisan candidates.
  • Hold office in political clubs or parties.
  • Organize or manage political rallies or meetings.
  • Assist in partisan voter registration drives.
  • Use their official authority or influence to affect the result of an election.
  • Solicit, accept, or receive donations or contributions for a partisan political party or candidate.
  • Engage in political activity while:
    • on duty;
    • in a federal office or building;
    • wearing a uniform or official insignia; or
    • using a federally owned or leased vehicle.
Certain provisions of the Hatch Act also apply to state and local government employees who work in connection with federally financed programs. These employees may not:
  • Use their official authority or influence to interfere with or affect the results of an election.
  • Directly or indirectly coerce other employees to pay, lend, or contribute anything of value to any party, committee, organization, or person for political purposes.
(5 U.S.C. §§ 1502 to 1508.) State and local government employees whose salaries are paid entirely by federal funds may not run for partisan political office.
The Hatch Act is enforced by the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).
For more information, see Practice Note, Partisan Political Activity of Federal Employees.