What is the Hatch Act?

The Hatch Act of 1939, formally titled the Act to Prevent Pernicious Political Activities (Pub. L. 76-252, enacted August 2, 1939), was introduced by Senator Carl Hatch of New Mexico in response to documented abuses during the New Deal era in which federal relief program workers were pressured to support partisan political activities as a condition of continued employment. The act established for the first time a comprehensive statutory framework barring federal executive branch employees from engaging in partisan political activity -- whether by soliciting campaign contributions from subordinates, running for partisan office, working on partisan campaigns, or directing federal resources toward partisan electoral ends. The 1940 amendments to the Hatch Act extended coverage to state and local government employees whose principal employment was funded by federal loans or grants (codified at 5 U.S.C. Sections 1501-1508, often called the Little Hatch Act), and added the prohibition on federal contractors making political contributions -- the provision that was later carried forward into FECA as 52 U.S.C. Section 30119. The Hatch Act Reform Amendments of 1993 (Pub. L. 103-94) significantly modernized the law by removing the blanket prohibition on most partisan political activity and replacing it with a framework that distinguishes between what is prohibited on duty versus what is permitted off duty, while retaining the core prohibitions that protect the integrity of the civil service.

The current Hatch Act creates two categories of covered federal employees with different levels of restriction. 'Less Restricted' employees -- the majority of federal civilian employees under Title 5 of the U.S. Code -- may engage in many partisan political activities when off duty and away from federal property: they may campaign for candidates in their personal time, make personal financial contributions to campaigns, attend partisan political events, and work as volunteers for a campaign or party committee, so long as they are not on official duty or in a federal workplace while doing so. 'Further Restricted' employees -- a narrower category defined at 5 U.S.C. Section 7323(b)(2) that includes employees of certain agencies such as the Federal Election Commission, the Office of Special Counsel, the Merit Systems Protection Board, the Federal Bureau of Investigation, the Central Intelligence Agency, the National Security Agency, the Defense Intelligence Agency, and career members of the Senior Executive Service -- face broader restrictions and may not take an active part in partisan political management or partisan political campaigns at any time, even off duty, during the period of their employment in those positions.

For all covered federal employees, 5 U.S.C. Section 7324 establishes absolute prohibitions that apply regardless of whether the employee is in the 'Less Restricted' or 'Further Restricted' category: no federal employee may engage in political activity (1) while on duty; (2) in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency thereof; (3) while wearing a uniform or official insignia identifying the office or position of the employee; (4) while using any vehicle owned or leased by the Government of the United States or any agency thereof; or (5) while using official authority or influence for the purpose of interfering with or affecting the result of an election. Additionally, federal employees are prohibited at all times from soliciting, accepting, or receiving political contributions from other federal employees -- a protection that prevents supervisors from pressuring subordinates to support their preferred candidates or parties. For Hatch Act purposes, 'political activity' is defined broadly to include any activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group.

Enforcement of the Hatch Act is the responsibility of the Office of Special Counsel (OSC), an independent federal investigative and prosecutorial agency established by the Civil Service Reform Act of 1978 (5 U.S.C. Section 1201 et seq.). The OSC receives and investigates complaints alleging Hatch Act violations and also provides advisory opinions to federal employees who wish to confirm whether specific planned political activities are permissible. If the OSC determines after investigation that a violation has occurred, it may seek a negotiated resolution or, for willful violations, file a complaint with the Merit Systems Protection Board (MSPB). The MSPB has authority to order disciplinary action; for willful violations, removal from federal service is the standard penalty, though the MSPB may by unanimous vote impose a civil penalty of up to $1,000 in lieu of removal if it finds the violation does not warrant removal (5 U.S.C. Section 7326). The OSC may also recommend lesser penalties including suspension, reduction in grade, or debarment from federal employment. Political appointees -- including Senate-confirmed positions and non-career SES members -- are also covered by the Hatch Act, though enforcement regarding the most senior political officials has at times involved additional institutional complexity.

For the 2028 presidential election cycle, the Hatch Act's constraints will apply to more than two million federal civilian employees in the executive branch. As campaigns intensify in 2027 and 2028, federal employees who personally support candidates must exercise care to keep their political activity entirely separate from their official duties. Common Hatch Act compliance issues include: sending or forwarding partisan political emails using a government computer or a government email address; posting partisan political content to social media while on duty or in a way that references the employee's official position; wearing campaign buttons or displaying campaign materials in a government office; organizing or participating in campaign activities while in a government vehicle or during official duty time; and using an official agency title or letterhead in connection with partisan fundraising. The OSC regularly issues guidance at the start of each election cycle and has increased enforcement activity in recent years, including actions against senior officials for social media posts and use of official resources that violated the Hatch Act's on-duty restrictions. Federal employees who are uncertain whether a specific planned activity is permitted may request a confidential advisory opinion from the OSC before proceeding.