KNOW THE LAW

What is the Hatch Act?

Passed in 1939, the Hatch Act is a federal law that, according to the U.S. Office of Special Counsel, ensures that federal programs, "are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.”

The Hatch Act restricts the political activity of all federal executive branch employees, District of Columbia government employees, employees of the U.S. Postal Service and some state and local employees who work in connection with programs financed in whole or in part by federal loans or grants. Whether full time or part time, all employees are covered by the Act even while on annual or sick leave, leave without pay or furlough. It does not apply to the President or Vice President of the United States.

Read more:

U.S. Office of the Special Counsel, OSC.gov/Services/pages/hatchact.aspx or Thoughtco.com/the-hatch-act

Related topic: lwvonoma.org/emoluments

WHY DOES THIS MATTER?

The public expects government employees to provide accurate information and to serve the people rather than a political party. Without this oversight, the public can be swayed based on politics rather than on merit. Both Democratic and Republican administrations have had employees who violated the act.

Recent examples are:

  • False statements on the official HUD website blaming the government shutdown on the Democrats.

  • Former Health and Human Services Secretary Xavier Becerra expressing support for California Sen. Alex Padilla's reelection.

Link to more civics topics: lwvsonoma.org.civicsmenu.