HANSCOM AIR FORCE BASE, Mass. – With national, state and local elections fast approaching, federal employees are encouraged to know the rules and regulations of the Hatch Act, the law limiting political activities in the federal workplace.
The Hatch Act of 1939 has three primary purposes:
- Ensure activities of the federal government are conducted in a nonpartisan manner;
- Protect federal employees from political coercion in the workplace; and
- Ensure federal employees are promoted based on merit, not political affiliations.
Special responsibilities and legal restrictions apply to all federal employees, both civilian and active duty, with the Hatch Act covering federal civilian employees and the Department of Defense Directive 1344.10 governing military personnel. Many of the restrictions of the Hatch Act are reflected in the DOD directive, but the directive includes additional ones for active duty members.
“Federal employees have rights to support an issue, a particular candidate, and a party. However, there are specific rules in place that prohibit certain actions by federal employees, and they must abide by them,” said Capt. Susan Smith, 66th Air Base Group Legal Office chief of civil law. “Violating the Hatch Act can result in a range of disciplinary actions, and it is vital for federal employees to become familiar with what they can and cannot do during the election season.”
Among other restrictions, federal civilian employees must not use government resources to send political contents or post it to social media sites. Furthermore, when commenting on a partisan blog or social media site, employees must not be in pay status, or be representing the government in an official capacity. Employees are also not allowed to distribute campaign materials, perform campaign-related activities or make political contributions while on duty.
“Active duty members should become familiar with the DOD directive before engaging in any political activities, as they are subject to more restrictions than civilian employees,” said Smith.
For example, participating in partisan political activities while in uniform is off-limits. Additionally, members must never engage in any political activities that could imply, or appear to imply, DOD sponsorship or federal endorsement of a particular candidate or campaign.
More information regarding the Hatch Act can be found through the Office of Special Counsel, at https://www.osc.gov.