Political Activityand

The Hatch ActKaren Dalheim

______________________________________

Department of DefenseStandards of Conduct Office

703-695-3422

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The Hatch Act restricts the political activity of civilian executive branch employees of the federal government.

(The President and Vice President are not covered by the Act.)

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Political Activity is –An activity directed toward the

success or failure of a: Political PartyCandidate for Partisan Political Office, or aPartisan Political Group

Federal Hatch Act

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Federal Hatch ActWhat is not political activity?Activity not associated with a political party Legislation (Affordable Care Act, DACA) Ballot Initiatives focused on issue-oriented

campaigns (i.e., gun control, transgender issues, medical marijuana) Candidacy in a nonpartisan election (no

political party affiliations) Attending a march/rally (Women’s March,

March for Life, March for Our Lives)

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Coverage at DoD for CiviliansWhat Group Are You In?

Group 1PASNon-career SES

Group 2Career SESContract Appeals

BoardNSADIANGA

Group 3DoD Civilian

Employees Schedule C

Appointments

Hatch Act Restrictions

Further Restricted Less Restricted

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Further restricted employees: may not take an active part in political management or political campaigns

Less restricted employees: may take an active part in certain political activities

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When giving advice always ask these two questions:

What type of employee is asking?Further restricted Less restricted

Is it political activity?

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Permitted Activities All DoD Employees May:

Place a campaign sign in their yardPlace A campaign bumper sticker on their personal carMake financial contributions to political parties or

candidates running for partisan political officeExpress personal opinions on candidates and issuesAttend political eventsParticipate in nonpartisan electionsFollow, like, or comment on the social media

pages of a candidate for partisan office, a political party, or a partisan group

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Solicit, Accept or Receive Political Contributions

May not host or serve as the POC for a fundraiserMay not ask for donations by mail, email, or

social mediaMay not invite others to a fundraising eventMay not solicit through a phone bank May not share or like a fundraising post on

social media

Prohibited Political ActivitiesApplicable to all DoD Employees - 24/7

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Office of Special Counsel – September 2016

Commerce Department employee suspended for 50 days for engaging in political activities while at work and soliciting contributions for a political party.

While serving as a member of the Montgomery County Republican Central Committee, the employee invited approximately 100 people to a party fundraiser and directed invitees to send political contributions to his home address.

While on-duty and in a Federal building, the employee communicated with Republican candidates and provided assistance with their campaigns.

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Prohibited Political ActivitiesApplicable to all DoD Employees

May Not Run for Public Office in a Partisan Election

Election where candidates are running with party affiliation

(Democrat, Republican, Green, etc.)Exception for designated communities

– see 5 C.F.R. 733

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Office of Special Counsel – January 2017

NOAA employee removed from employment for repeatedly running as a candidate for a congressional seat in WA. Prior to removal, the employee had received several warnings from NOAA and OSC regarding his candidacy and was offered a way to come into compliance with the law.

The employee argued that congressional elections in WA were not partisan because of the state’s “top two” primary system.

OSC argued that the position for which the employee ran is a “partisan political office” per the Hatch Act, because political parties remain active in the process and candidates party preference can be listed on the ballot.

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Prohibited Political ActivitiesApplicable to all DoD Employees

May Not Use Official Authority to Affect the Outcome of an Election

May not invite subordinates to campaign eventsMay not use official title or position while engaging

political activityMay not use agency resources, e.g., official social

media account while engaging in political activityMay not use non-public information for political

purposes

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Office of Special Counsel – January 2015

USDA official approached a subordinate and outlined a proposal to establish a political action committee (PAC) in support of President Barack Obama’s 2012 reelection campaign.

The official told the subordinate that if the subordinate contributed to the official’s proposed PAC and the official received a political appointment, the official would help the subordinate obtain a career SES position.

OSC alleges that the official asked the subordinate for a $2,400 contribution. Twice in October 2011, the official suggested that the subordinate contribute their performance bonus to the proposed PAC. The official solicited the subordinate again in January 2012.

OSC’s complaint charges the official with two counts of knowingly soliciting, accepting, or receiving a political contribution from any person; one count of using official authority or influence for the purpose of interfering with or affecting the result of an election; and one count of engaging in political activity in a room or building occupied in the discharge of official duties.

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Prohibited Political ActivitiesApplicable to all DoD Employees

May Not Engage in Political Activity While:

On Duty (in a pay status or representing the agency) In a Federal Building (even when off-duty)Wearing a Uniform or Official Insignia Using a Government Vehicle

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Examples of Prohibited Political Activity in the Workplace

Buttons, Posters, Coffee Mugs, Screen Savers, etc., that support or oppose political parties or candidates running for partisan political officeE-mailing, blogging, tweeting, posting to social

media, prohibited: Even if using a personal device or email account Even if sharing or forwarding content which was

authored by others Even if sharing or forwarding to friends or

like-minded coworkers

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Office of Special Counsel – September 2016

U.S. Postal Service employee in Colorado displayed a "Make America Great Again" – the slogan of Donald Trump’s presidential campaign – behind the desk at the post office. OSC contacted the postmaster of that facility and advised that the Hatch Act prohibited display of the sign. OSC confirmed that the sign was immediately removed from the post office.

An FAA employee displayed a Hillary Clinton bobblehead doll at work. OSC contacted the employee and advised that, because Hillary Clinton is currently a presidential candidate, the Hatch Act prohibits the display of the doll at work and that the employee needed to remove it until after the election. OSC confirmed that the bobblehead doll has been removed from the workplace.

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“Less Restricted” Employees May:

Volunteer for the campaign of a candidate for partisan political officeAttend and be active at political rallies and meetingsJoin and hold office in a political party or

political organizationWork at the polls on election day for a

candidate for partisan political officeAssist in partisan voter registration drives

Permitted ActivitiesApplicable to “Less Restricted” Employees

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Permitted ActivitiesApplicable to “Further Restricted” Employees

“Further Restricted” Employees May:Express personal opinions about candidates and issuesAttend (but not be active at) political rallies and meetingsMake a financial contribution to a political party or

candidate running for partisan political officeParticipate in nonpartisan electionsAssist in nonpartisan voter registration drivesSign a nominating petitionPlace a campaign sign in their yardPlace a campaign bumper sticker on their personal car

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Prohibited ActivitiesApplicable to “further restricted” employees

May Not:Make campaign speeches Distribute campaign literature Organize a political rally, meeting or fundraiser Hold political party office or be a party delegate Participate in partisan voter registration drives Circulate nominating petitions

Key: No activity in concert with a political party or candidate.

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Social Media Guidance for All Civilian Employees

May Not: Tweet, Retweet, Share or Like a post or content

that solicits political contributions. Engage in political activity via social media

while on duty or in the workplace (e.g., share, like, or retweet a post from a candidate or partisan group; or post/tweet a comment directed at the success or failure of a candidate or partisan group)

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Social Media Guidance for All EmployeesMay Not:

Use official authority or influence to affect outcome of an election (includes use of personal social media account)

Use a social media account in your official capacity to engage in political activity

-- But including your official title or position on the profile of your personal social media page is okay

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Office of Special Counsel - September 2017

U.S. Ambassador to the United Nations Nikki Haley violated the law by retweeting President Donald Trump's endorsement of a South Carolina congressional candidate, according to the federal Office of Special Counsel.

While the flagged message circulated from @nikkihaley, which is Haley's personal account, OSC concluded that because her personal Twitter account had so much indicia of her official role as Ambassador, it gave the impression that she was acting in her personal capacity. (Official gov’t headshot, picture with POTUS and UN officials, many posts and photos were about UN matters.)

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27August 2, 1939

HatchActor@facebook.com

ilovethehatchact@

123 Main Street

555-555-5555

Hatch Actor

Republican, Democrat, etc.

Details about Hatch Actor

It is OKAY to fill in your political views on your Facebook profile, even if you also identify your place of work elsewhere on your profile.

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You click “Like” or “Share” on a post that seeks political contributions

May I “Like” or “Share” a political fundraising post (one that solicits a political contribution) on Facebook?

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This is NOT OKAY under the Hatch Act because you have distributed and shared the fundraising post with your Facebook friends through News Feed.

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May I “Re-Tweet” a political fundraising post (one that solicits a political contribution) on Twitter?

You click “Retweet” on a tweet that seeks political contributions.

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This is NOT OKAY under the Hatch Act because you have distributed and shared the fundraising post with your followers.

Hatch Act Lover@ILovetheHatchAct

Your “Retweet” of the fundraising tweet appears here on your Twitter account page and is shared with your followers on their Twitter feeds.

Retweeted by Hatch Act Lover

5 U.S.C. § 7323(a)(2); 5 C.F.R. § 734.303

Hillary Clinton @HillaryClinton · Apr 16

There’s still time to become a founding donor of #Hillary2016: http://hrc.io/1OIAmIu

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US Army Accidentally Tweets 'Trump Lies'Military.com | Sep 29, 2016 | by Brendan McGarry

The U.S. Army called the Republican presidential candidate a liar in an errant tweet.

The service issued an apology after accidentally tweeting, “Trump Lies Once Every 3 Minutes, 15 Seconds.”

The tweet was swiftly taken down from the Army's Twitter page, but had already circulated on social media, including on a Facebook page called "U.S. Army W.T.F! Moments," whose curator on Tuesday chided the service for the mistake.

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2020 election

5 U.S.C. § 7324; 5 C.F.R. § 734.306

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Is it political activity?Sharing a fundraising post of a

candidate running for public office in a partisan election Using DoD email to forward an article

about Congress cutting the budgetServing as an election judge for the

countyReceiving an email from a political

party on your DoD email account

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Penalties for Violating the ActMerit Systems Protection Board May Order An Employee’s –

RemovalReduction in gradeDebarment from employmentSuspensionCivil penalty

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Political Activities - Civilian Employees

The Hatch Act, 5 U.S.C. 7321-73265 C.F.R. Parts 733 & 734ECC Deskbook – Political Activities OSC FAQs Federal Employees and the

Use of Social Media, Dec. 18, 2015

Reference Materials

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Hatch Act Information/Advice Employees May:Obtain answers to specific questions about

political activity by calling the Office of Special Counsel (OSC) at 800-85-HATCHObtain written advisory opinions about the

Hatch Act by contacting OSC by mail at:U.S. Office of Special Counsel1730 M Street NW (Suite 218)Washington, DC 20036-4505ATTN: HATCH ACT UNIT