Employee Right - Political Activity

The Civil Service Reform Act of 1978 prohibits employment discrimination in the federal government based on political affiliation and conduct which does not adversely affect the performance of the employee. Some state laws also prohibit employers from discriminating against an employee/applicant because of his/her political affiliation. If the employee has been involved in political activity outside of work, he/she cannot be questioned about his/her political affiliation or political group membership at the time of hiring process. He/she cannot be disciplined or discharged for favoring a particular political party or participating in any political activity after working hours and outside the workplace.

The Hatch Act was passed to protect federal employees from political pressures that might affect their careers as employees of the federal government.

Hatch Act

Most federal and D.C. employees are permitted to take an active part in political management and political campaigns. A small group of federal employees are subject to certain restrictions or greater restrictions and continue to be prohibited from engaging in partisan political management and partisan political campaigns.

Under the Hatch Act, federal employees can:

• Be candidates for public office in nonpartisan elections
• Register and vote as they choose
• Assist in voter registration drive
• Express opinions about candidates and issues
• Contribute money to political organizations
• Attend political fundraising functions
• Attend and be active at political rallies and meetings
• Join and be an active member of a political party or club
• Sign nominating petitions
• Campaign for or against referendum questions, constitutional amendments, ad municipal ordinances
• Campaign for or against candidates in partisan elections
• Make campaign speeches for candidates in partisan elections
• Distribute campaign literature in partisan elections
• Hold office in political clubs or parties

However, under the Act federal employees are barred from:

• Using official authority or influence to interfere with an election
• Soliciting or discouraging political activity of anyone with business before their agency
• Soliciting or receiving political contributions (may be done in certain limited situations by federal labor or other employee organizations)
• eing candidates for public office in partisan elections
• Wearing partisan political buttons on duty

  Engaging in political activity while:

  • On duty
  • In a government office
  • Wearing an official uniform
  • Using a government vehicle

Agencies/Employees Prohibited From Engaging in Partisan Political Activity

Employees of the following agencies (or agency components), or in the following categories, are subject to more extensive restrictions on their political activities than employees in other departments and agencies:

• Administrative Law Judges
• Central Imagery Office
• Central Intelligence Agency
• Contract Appeals Boards
• Criminal Division (Department of Justice)
• Defense Intelligence Agency
• Federal Elections Commission
• Merit Systems Protection Board
• National Security Agenc
• National Security Council
• Office of Criminal Investigation (Internal Revenue Service)
• Office of Investigative Programs (Customs Service)
• Office of Law Enforcement (Bureau of Alcohol, Tobacco and Firearms)
• Office of Special Counsel
• Secret Service
• Senior Executive Service

Penalties for Violating the Hatch Act

An employee who violates the Hatch Act shall be removed from his/her position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Merit Systems Protection Board finds by unanimous vote that the violation does not warrant removal, a penalty of not less than 30 days' suspension without pay shall be imposed by direction of the Board.

Permitted/Prohibited Activities for Employees who may not participate in partisan political activity:

These federal employees have the right to:

• Register and vote as they choose
• Assist in voter registration drives
• Express opinions about candidates and issues
• Participate in campaigns where none of the candidates represent a political party
• Contribute money to political organizations
• Attend political fund-raising functions
• Attend political rallies and meetings
• Join political clubs or parties
• Sign nominating petitions
• Campaign for or against referendum questions, constitutional amendments, and municipal ordinances

Federal employees do not have the right to:

• Be candidates for public office in partisan elections
• Campaign for or against a candidate or slate of candidates in partisan elections
• Make campaign speeches
• Collect contributions or sell tickets to political fund-raising functions
• Distribute campaign material in partisan elections
• Organize or manage political rallies or meetings
• Hold office in political clubs or parties
• Circulate nominating petitions
• Work to register voters for one party only
• Wear political buttons at work

Hatch Act for State and Local Employees

The Hatch Act applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States Government or a federal agency. Employees who work for educational or research institutions or agencies which are supported in whole or in part by a state or political subdivision of the state are not covered by the provisions of the Hatch Act.

Employees of private nonprofit organizations are covered by the Hatch Act only if the statute through which the organization receives its federal funds contains language which states that the organization shall be considered to be a state or local agency for purposes of the Hatch Act.

An employee’s conduct is also subject to the laws of the state and the regulations of the employing agency. Additionally, employees should be aware that the prohibitions of the Hatch Act are not affected by state or local laws.

Permitted Activities

Covered state and local employees may:

• Run for public office in nonpartisan elections
• Campaign for and hold office in political clubs and organizations
• Actively campaign for candidates for public office in partisan and nonpartisan elections
• Contribute money to political organizations and attend political fundraising functions

Prohibited Activities

Covered state and local employees may not:

• Be candidates for public office in a partisan election
• Use official authority or influence to interfere with or affect the results of an election or nomination
• Directly or indirectly coerce contributions from subordinates in support of a political party or candidate

Penalties for Violating the Hatch Act

If the Merit Systems Protection Board finds that the violation warrants dismissal from employment, the employing agency must either remove the employee or 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 removal, no penalty is imposed.