On August 2, 1939, President Franklin Delano Roosevelt signed the Hatch Act of 1939 into U.S. federal law, which prohibits civil service employees in the executive branch of the federal government from engaging in some forms of political activity. The president and vice president are exempt from this legislation. The purpose of the Hatch Act is to ensure that federal programs are administered in a nonpartisan fashion, protect federal employees from political coercion in the workplace, and ensure that federal employees are advanced based on merit and not political affiliation. Violations of the Hatch Act carry serious penalties, which may result in disciplinary action or removal from federal employment. The law is enforced by the Office of Special Counsel.
The Hatch Act was initially passed in response to a scandal during FDR’s administration and was sponsored by and named after New Mexico Sen. Carl A. Hatch. It defines political activity as any activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group. The president and vice president are exempt from the civil provisions of the Hatch Act due to their roles as officeholders and candidates. The legislation applies to all federal employees but is broken down into two groups: less restricted employees, who can participate actively in political management or partisan political campaigns while off-duty and outside a federal facility, and further restricted employees, who have stricter rules that preclude active participation in political activities even off-duty.
The Hatch Act has been amended several times since its enactment in 1939. A 1940 amendment extended the act to cover certain state and local government employees with salaries mostly paid using federal money. In 1993, an amendment under President Bill Clinton’s administration allowed most federal employees to engage in voluntary, partisan political activities during their off-duty time and away from federal premises. The Hatch Act Modernization Act of 2012, passed under President Barack Obama, changed the status of District of Columbia employees and made changes to enforcement, allowing for more disciplinary actions. The penalty structure for violations of the Hatch Act by federal employees includes removal from federal service, reduction in grade, debarment from federal employment, suspension, reprimand, or a civil penalty not to exceed $1,000, according to the U.S. Office of Special Counsel.
Employees covered by the Hatch Act are prohibited from engaging in political activities while on the job, including distributing or displaying campaign materials, performing campaign-related chores, making political contributions to a partisan political party, candidate, or group, posting comments on social media advocating for or against political parties or candidates, and using email or social media to distribute political content. The law aims to keep federal employees from facing political pressures as they perform their work. Different categories of federal employees have varying levels of restrictions under the Hatch Act, with further restricted employees facing stricter rules on political activities. Enforcement of the Hatch Act is carried out by the Office of Special Counsel and violations may lead to serious consequences for federal employees.
