POLITICAL ACTIVITY (THE HATCH ACT)

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POLITICAL ACTIVITY(THE HATCH ACT)

• Wednesday, October 16, 2002
• Lecture Room B
• Union Brown Bag Discussion Series

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Political Activity

• An activity directed at the success or failure of
  a
• Political Party
• Candidate for Partisan Political Office or
• Partisan Political Group
• 5 U.S.C. 7324 5 C.F.R. PART 734.101

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The Hatch Act

• The Hatch Act restricts the political activity of
  executive branch employees of the federal
  government, District of Columbia government and
  some state and local employees who work in
  connection with federally funded
  programs. See 5 U.S.C. 7321 et seq.

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1993 Amendments

• The Hatch Act was reformed in 1993 to allow
  federal employees to participate more fully in
  the political process, but only on
• their own time
• and away from the worksite.
• 5 U.S.C. 7321-7326.

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1993 Amendments

• As a result, most government employees can now
  attend and be active at political rallies and
  meetings, sign nomination petitions, campaign for
  or against candidates in partisan elections,
  distribute campaign literature in partisan
  elections and even hold office in political clubs
  or parties.

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Who Is Covered?

• All civilian employees in the executive branch of
  the federal government,except the President and
  the Vice President,are covered by the provisions
  of the Hatch Act. Employees of the U.S. Postal
  Service and the the District of Columbia are also
  covered by the Act.

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Permitted Activities 5 U.S.C. 7323 5 C.F.R.
PART 734, SUBPART B

• May be candidates for public office in
  nonpartisan elections.
• May register and vote as they choose.
• May assist in voter registration drives.
• May express opinions about candidates and issues
• May contribute money to political organizations
• May attend political fundraising functions
• May attend and be active at political rallies and
  meetings
• May join and be an active member of a political
  party or club

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Permitted Activities5 U.S.C. 7323 5 C.F.R.
PART 734, SUBPART B

• May sign nominating petitions
• May campaign for or against referendum
  questions,constitutional amendments,municipal
  ordinances
• May campaign for or against candidates in
  partisan elections
• May make campaign speeches for candidates in
  partisan elections
• May distribute campaign literature in partisan
  elections
• May hold office in political clubs or parties
  including serving as a delegate to a convention

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Prohibited Activities5 U.S.C. 7323 5 C.F.R.
PART 734, SUBPART C

• May not use their official authority or influence
  to interfere with an election
• May not solicit,accept or receive political
  contributions unless both individuals are members
  of the same federal labor organization or
  employee organization and the one solicited is
  not a subordinate employee
• May not knowingly solicit or discourage the
  political activity of any person who has business
  before the agency
• May not engage in political activity while on duty

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Prohibited Activities5 U.S.C. 7323 5 C.F.R.
PART 734, SUBPART C

• May not engage in political activity in any
  government office
• May not engage in political activity while
  wearing an official uniform
• May not engage in political activity while using
  a government vehicle
• May not be candidates for public office in
  partisan elections partisan elections
• May not wear political buttons on duty

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Penalties for Violation

• For covered federal employees and District of
  Columbia government employees,the most severe
  penalty for violation is removal. The minimum
  penalty is suspension without pay for 30 days.

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Summary

• Most federal and D.C. employees are now permitted
  to take an active part in political
  management and political campaigns
• on their own time and
• away from the worksite.
• 5 U.S.C. 7324 5 C.F.R. PART 734, SUBPART B

• Employees may not engage in political activity
  while
• on duty
• in a government office
• wearing an official uniform or
• using a government vehicle
• 5 U.S.C. 7324 5 C.F.R. PART 734, SUBPART C

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For More Information

• Contact
• AFGE Council 260
• [phone]
• www.afgecouncil260.org
• Or visit
• www.osc.gov