POLITICAL ACTIVITY AND THE FEDERAL EMPLOYEE

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POLITICAL ACTIVITYAND THE FEDERAL EMPLOYEE
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POLITICAL ACTIVITYAND THE FEDERAL EMPLOYEE
Note to viewers This presentation is an
overview of the Hatch Act i.e., it is not an
exhaustive presentation of all Hatch Act
provisions applicable to Federal employees. It
is provided by the Office of Special Counsel
(OSC) solely as a resource for use by others in
presenting highlights of Federal Hatch Act
statutory and regulatory provisions. More
comprehensive information on the Hatch Acts
application to Federal employees can be obtained
from the sources and resources listed at the end
of this presentation. Finally, this presentation
is not intended to create any right or benefit,
substantive or procedural, enforceable at law by
a party against the OSC or any other individual
or entity.
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FEDERAL HATCH ACT5 U.S.C. 7321-26

• 1993 AMENDMENTS EXPANDED RIGHTS OF MOST FEDERAL
  EMPLOYEES TO ACTIVELY PARTICIPATE IN PARTISAN
  POLITICAL MANAGEMENT AND POLITICAL CAMPAIGNS
• CERTAIN AGENCIES AND EMPLOYEES CONTINUE TO BE
  RESTRICTED FROM ENGAGING IN PARTISAN POLITICAL
  ACTIVITY

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FEDERAL HATCH ACT5 U.S.C. 7321-26

• ACT APPLIES TO
• CIVILIAN EMPLOYEES
• PART-TIME EMPLOYEES
• POSTAL SERVICE EMPLOYEES
• D.C. GOVERNMENT EMPLOYEES
• SPECIAL GOVERNMENT EMPLOYEES, AND OTHERS WORKING
  ON AN OCCASIONAL OR INTERMITTENT BASIS, WHEN
  ENGAGED IN GOVERNMENT BUSINESS
• DOES NOT APPLY TO PRESIDENT AND VICE PRESIDENT

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FEDERAL HATCH ACT
APPLIES TO THREE CATEGORIES OF EMPLOYEES
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FEDERAL HATCH ACT5 U.S.C. 7321-26 5 C.F.R.
PART 734.101

• POLITICAL ACTIVITY MEANS
• AN ACTIVITY DIRECTED TOWARD THE SUCCESS OR
  FAILURE OF A
• POLITICAL PARTY
• CANDIDATE FOR PARTISAN POLITICAL OFFICE, OR
• PARTISAN POLITICAL GROUP

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FEDERAL HATCH ACT DOs5 U.S.C. 7323 5 C.F.R.
PART 734, SUBPART B

• GENERALLY UNRESTRICTED EMPLOYEES MAY
• BE CANDIDATES FOR PUBLIC OFFICE IN NONPARTISAN
  ELECTIONS
• REGISTER AND VOTE AS THEY CHOOSE
• ASSIST IN VOTER REGISTRATION DRIVES
• EXPRESS OPINIONS ABOUT CANDIDATES AND ISSUES
• CONTRIBUTE MONEY TO POLITICAL ORGANIZATIONS
• ATTEND POLITICAL FUNDRAISING FUNCTIONS

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FEDERAL HATCH ACT DOs5 U.S.C. 7323 5 C.F.R.
PART 734, SUBPART B

• GENERALLY UNRESTRICTED EMPLOYEES MAY
• ATTEND AND BE ACTIVE AT POLITICAL RALLIES AND
  MEETINGS
• JOIN AND BE ACTIVE MEMBER OF A POLITICAL PARTY OR
  CLUB
• SIGN NOMINATING PETITIONS
• CAMPAIGN FOR OR AGAINST REFERENDUM QUESTIONS,
  CONSTITUTIONAL AMENDMENTS, MUNICIPAL ORDINANCES

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FEDERAL HATCH ACT DOs5 U.S.C. 7323 5 C.F.R.
PART 734, SUBPART B

• GENERALLY UNRESTRICTED EMPLOYEES MAY
• 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

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FEDERAL HATCH ACT DONTs5 U.S.C. 7323 5
C.F.R. PART 734, SUBPART C

• UNRESTRICTED EMPLOYEES MAY NOT
• USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE
  WITH AN ELECTION
• SOLICIT OR DISCOURAGE POLITICAL ACTIVITY OF
  ANYONE WITH BUSINESS BEFORE THEIR AGENCY
• SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS (MAY
  BE DONE IN CERTAIN LIMITED SITUATIONS BY FEDERAL
  LABOR OR OTHER EMPLOYEE ORGANIZATIONS)
• BE CANDIDATES FOR PUBLIC OFFICE IN PARTISAN
  ELECTIONS

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FEDERAL HATCH ACT DONTs5 U.S.C. 7324 5
C.F.R. PART 734, SUBPART C

• MOST EMPLOYEES MAY NOT ENGAGE IN POLITICAL
  ACTIVITY WHILE
• ON DUTY
• IN A GOVERNMENT OFFICE
• WEARING AN OFFICIAL UNIFORM
• USING A GOVERNMENT VEHICLE

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CANDIDACY5 U.S.C. 7321-26

• WHEN DOES IT BEGIN?
• WHEN AN INDIVIDUAL BEGINS TO COLLECT SIGNATURES
  FOR NOMINATING PETITIONS
• WHEN AN INDIVIDUAL BEGINS TO FUNDRAISE
• WHEN AN INDIVIDUAL MAKES AN ANNOUNCEMENT TO THE
  PRESS
• WHEN AN INDIVIDUAL FILES NOMINATING PETITIONS
• WHEN AN INDIVIDUAL PUTS A CAMPAIGN COMMITTEE
  TOGETHER

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FEDERAL HATCH ACTEOP / PAS COVERAGE5 U.S.C.
7324(b) 5 C.F.R. PART 734, SUBPART E

• APPLIES TO EMPLOYEES
• PAID FROM APPROPRIATION FOR EXECUTIVE OFFICE OF
  THE PRESIDENT, OR
• PRESIDENTIALLY APPOINTED, SENATE-CONFIRMED
• WHO
• OCCUPY POSITIONS LOCATED IN THE U.S., AND
• DETERMINE POLICIES TO BE PURSUED IN
• RELATIONS WITH FOREIGN POWERS, OR
• NATIONWIDE ADMINISTRATION OF FEDERAL LAWS

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FEDERAL HATCH ACTEOP / PAS COVERAGE (CONTD)5
U.S.C. 7324(b) 5 C.F.R. PART 734, SUBPART E

• SUCH EMPLOYEES MAY ENGAGE IN POLITICAL ACTIVITY
  WHILE
• ON DUTY
• IN A GOVERNMENT ROOM OR BUILDING
• WEARING A UNIFORM OR OFFICIAL INSIGNIA
• USING A GOVERNMENT VEHICLE
• IF COSTS ASSOCIATED WITH POLITICAL ACTIVITY ARE
  NOT PAID FOR BY MONEY DERIVED FROM THE U.S.
  TREASURY

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FEDERAL HATCH ACTRESTRICTED AGENCIES5 U.S.C.
7323 5 C.F.R. PART 734, SUBPART D

• CENTRAL INTELLIGENCE AGENCY
• CRIMINAL DIVISION (DOJ)
• DEFENSE INTELLIGENCE AGENCY
• FEDERAL BUREAU OF INVESTIGATION
• FEDERAL ELECTIONS COMMISSION
• MERIT SYSTEMS PROTECTION BOARD
• NATIONAL IMAGERY AND MAPPING AGENCY

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FEDERAL HATCH ACTRESTRICTED AGENCIES5 U.S.C.
7323 5 C.F.R. PART 734, SUBPART D

• NATIONAL SECURITY AGENCY
• NATIONAL SECURITY COUNCIL
• OFFICE OF CRIMINAL INVESTIGATION (IRS)
• OFFICE OF INVESTIGATIVE PROGRAMS (CUSTOMS)
• OFFICE OF LAW ENFORCEMENT (BATF)
• OFFICE OF SPECIAL COUNSEL
• SECRET SERVICE

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FEDERAL HATCH ACTRESTRICTED POSITIONS5 U.S.C.
7323 5 C.F.R. PART 734, SUBPART D

• EMPLOYEES STILL SUBJECT TO RESTRICTIONS ON
  PARTISAN POLITICAL ACTIVITY
• ADMINISTRATIVE LAW JUDGES
• CAREER SES
• MEMBERS OF CONTRACTS APPEALS BOARDS

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FEDERAL HATCH ACT DOsRESTRICTED EMPLOYEES5
U.S.C. 7323 5 C.F.R. PART 734, SUBPART D

• RESTRICTED EMPLOYEES MAY
• EXPRESS OPINIONS ABOUT CANDIDATES AND ISSUES
• REGISTER AND VOTE AS THEY CHOOSE
• ASSIST IN NON-PARTISAN VOTER REGISTRATION DRIVES
• PARTICIPATE IN CAMPAIGNS IN WHICH NONE OF THE
  CANDIDATES REPRESENTS A POLITICAL PARTY

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FEDERAL HATCH ACT DOsRESTRICTED EMPLOYEES5
U.S.C. 7323 5 C.F.R. PART 734, SUBPART D

• RESTRICTED EMPLOYEES MAY
• ATTEND POLITICAL RALLIES AND MEETINGS
• JOIN POLITICAL CLUBS OR PARTIES
• SIGN NOMINATING PETITIONS
• CAMPAIGN FOR OR AGAINST REFERENDUM QUESTIONS,
  CONSTITUTIONAL AMENDMENTS, MUNICIPAL ORDINANCES

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FEDERAL HATCH ACT DONTsRESTRICTED EMPLOYEES5
U.S.C. 7323 5 C.F.R. PART 734, SUBPART D

• RESTRICTED EMPLOYEES MAY NOT
• USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE
  WITH AN ELECTION
• SOLICIT OR DISCOURAGE POLITICAL ACTIVITY OF
  ANYONE WITH BUSINESS BEFORE THEIR AGENCY
• SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS (MAY
  BE DONE IN CERTAIN LIMITED SITUATIONS BY FEDERAL
  LABOR OR OTHER EMPLOYEE ORGANIZATIONS)
• BE CANDIDATES FOR PUBLIC OFFICE IN PARTISAN
  ELECTIONS

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FEDERAL HATCH ACT DONTsRESTRICTED EMPLOYEES5
U.S.C. 7324 5 C.F.R. PART 734, SUBPART D

• MOST EMPLOYEES MAY NOT ENGAGE IN POLITICAL
  ACTIVITY WHILE
• ON DUTY
• IN A GOVERNMENT OFFICE
• WEARING AN OFFICIAL UNIFORM
• USING A GOVERNMENT VEHICLE

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FEDERAL HATCH ACT DONTsRESTRICTED EMPLOYEES5
U.S.C. 7323 5 C.F.R. PART 734, SUBPART D

• RESTRICTED EMPLOYEES MAY NOT
• CAMPAIGN FOR OR AGAINST CANDIDATES OR SLATES OF
  CANDIDATES IN PARTISAN ELECTIONS
• MAKE CAMPAIGN SPEECHES FOR CANDIDATES IN PARTISAN
  ELECTIONS
• COLLECT CONTRIBUTIONS FOR, OR SELL TICKETS TO,
  POLITICAL FUNDRAISING FUNCTIONS

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FEDERAL HATCH ACT DONTsRESTRICTED EMPLOYEES5
U.S.C. 7323 5 C.F.R. PART 734, SUBPART D

• RESTRICTED EMPLOYEES MAY NOT
• DISTRIBUTE CAMPAIGN MATERIAL IN PARTISAN
  ELECTIONS
• ORGANIZE OR MANAGE PARTISAN POLITICAL RALLIES OR
  MEETINGS
• HOLD OFFICE IN PARTISAN POLITICAL CLUBS OR PARTIES

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FEDERAL HATCH ACT DONTsRESTRICTED EMPLOYEES5
U.S.C. 7323 5 C.F.R. PART 734, SUBPART D

• RESTRICTED EMPLOYEES MAY NOT
• CIRCULATE NOMINATING PETITIONS IN PARTISAN
  ELECTIONS
• TAKE PART IN DELIBERATIONS OR PROCEEDINGS OF
  PARTY CONVENTIONS OR CONVENTION COMMITTEES
• REGISTER VOTERS ON BEHALF OF A PARTICULAR
  POLITICAL PARTY

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PENALTIES FOR VIOLATION(FEDERAL HATCH ACT)5
U.S.C. 7326

• MERIT SYSTEMS PROTECTION BOARD MAY ORDER
  EMPLOYEES
• REMOVAL
• OR
• SUSPENSION (30-DAY MINIMUM)

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• Q CAN I MAKE A CONTRIBUTION TO THE CAMPAIGN OF
  A PARTISAN CANDIDATE, OR TO A POLITICAL PARTY OR
  ORGANIZATION?

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• A ANY FEDERAL EMPLOYEE MAY CONTRIBUTE TO THE
  CAMPAIGN OF A PARTISAN CANDIDATE, OR TO A
  POLITICAL PARTY OR ORGANIZATION.

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• Q CAN I HOST A POLITICAL FUNDRAISER?

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• A FEDERAL EMPLOYEES MAY NOT HOST FUNDRAISERS.
• UNRESTRICTED EMPLOYEES, HOWEVER, MAY HELP
  ORGANIZE A FUNDRAISER, INCLUDING SUPPLYING NAMES
  FOR THE INVITATION LIST.

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• Q CAN I SPEAK AT A POLITICAL FUNDRAISER?

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• A IF YOU ARE AN UNRESTRICTED EMPLOYEE, YOU MAY
  SPEAK AT A FUNDRAISER, AS LONG AS YOU -
• ARE NOT ON DUTY, AND
• DO NOT SOLICIT POLITICAL CONTRIBUTIONS.

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• Q IF I'M GOING TO SPEAK AT A POLITICAL
  FUNDRAISER, WHAT INFORMATION ABOUT ME CAN BE
  PRINTED ON THE INVITATIONS?

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• A AN EMPLOYEE'S NAME CAN BE SHOWN AS A GUEST
  SPEAKER.
• REFERENCE SHOULD NOT SUGGEST THAT THE EMPLOYEE
  SOLICITS OR ENCOURAGES CONTRIBUTIONS.
• FUNDRAISER INVITATIONS MAY NOT INCLUDE THE
  EMPLOYEE'S OFFICIAL TITLE (BUT EMPLOYEE
  ORDINARILY ADDRESSED WITH A GENERAL TERM OF
  ADDRESS, SUCH AS "THE HONORABLE," MAY USE, OR
  PERMIT THE USE OF, THAT TERM OF ADDRESS ON AN
  INVITATION).

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• Q CAN I ATTEND A STATE OR NATIONAL PARTY
  CONVENTION? IF SO, IN WHAT CAPACITY?

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• A AN UNRESTRICTED EMPLOYEE MAY ATTEND AND SERVE
  AS A DELEGATE, ALTERNATE, OR PROXY TO A STATE OR
  NATIONAL PARTY CONVENTION.
• A RESTRICTED EMPLOYEE MAY ONLY ATTEND A
  POLITICAL CONVENTION.

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• Q IF I RUN AS A CANDIDATE FOR PUBLIC OFFICE IN A
  NONPARTISAN ELECTION, DOES THE HATCH ACT ALLOW ME
  TO ASK FOR AND ACCEPT POLITICAL CONTRIBUTIONS?

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• A UNDER THE HATCH ACT, AN EMPLOYEE WHO IS A
  CANDIDATE FOR PUBLIC OFFICE IN A NONPARTISAN
  ELECTION MAY SOLICIT, ACCEPT, OR RECEIVE
  POLITICAL CONTRIBUTIONS FOR HIS OR HER OWN
  CAMPAIGN.

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• Q MAY I DISTRIBUTE BROCHURES FOR A POLITICAL
  PARTY TO PEOPLE ARRIVING AT A POLLING PLACE ON
  ELECTION DAY?

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FREQUENTLY ASKED QUESTIONS(FEDERAL HATCH ACT)5
U.S.C. 7323 5 C.F.R. PART 734

• A UNLESS YOU ARE A RESTRICTED EMPLOYEE, YOU MAY
  STAND OUTSIDE A POLLING PLACE ON ELECTION DAY AND
  HAND OUT BROCHURES ON BEHALF OF A PARTISAN
  POLITICAL CANDIDATE OR POLITICAL PARTY.

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OTHER HATCH ACT QUESTIONS5 U.S.C. 1212(f) 5
C.F.R. PARTS 151, 733-734

• SOURCES OF ADVICE
• CODE OF FEDERAL REGULATIONS (TITLE 5)
• ANSWERS QUESTIONS ABOUT ALLOWABLE POLITICAL
  ACTIVITY
• OFFICE OF SPECIAL COUNSEL
• PROVIDES ADVISORY OPINIONS ON QUESTIONS ABOUT
  PERMISSIBLE POLITICAL ACTIVITY NOT ANSWERED IN
  THE REGULATIONS

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FEDERAL HATCH ACTOSC PHONE / E-MAIL CONTACTS
HATCH ACT UNIT (800) 85-HATCH (202)
653-7143 hatchact_at_osc.gov PUBLIC
INFORMATION [phone] OSC SPEAKERS /
OUTREACH [phone]
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OSC WEB SITE (http//www.osc.gov)
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FEDERAL HATCH ACTOSC PUBLICATIONS AND POSTERS
POLITICAL ACTIVITY AND THE FEDERAL
EMPLOYEE (PAMPHLET) (GPO 062-000-00048-1 / OSC
WEB SITE) ? THE HATCH ACT AND FEDERAL
EMPLOYEES (POSTER) (GPO 452908 - 2000 EDITION)