About the Hatch Act and How It Affects Current Federal Employees
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The Hatch Act is a U.S. federal law on the books since 1939 that limits the political activities of executive branch federal employees, as well as certain state and local government workers connected to federally funded programs. Its main goal is to ensure government programs run fairly and to protect workers from political pressure.
Because FWUCS supports candidates in partisan elections, participating in FWUCS activities may constitute political activity for Hatch Act purposes: even though FWUCS operates independently and does not coordinate with candidate committees. -
Federal workers do not surrender their voices when they enter public service. Most may participate in our democracy, including supporting candidates and volunteering in partisan campaigns, but the Hatch Act establishes important boundaries.
FWUCS respects those boundaries. We structure our website, volunteer opportunities, and communications so that current federal employees are never asked to use their public positions or government resources for political purposes, participate while on duty, or engage in political fundraising.
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It depends on whether you are a less restricted or further restricted federal employee.
Less Restricted Federal Employees
Most federal employees are less restricted. Subject to the Hatch Act’s limitations, they may:
Volunteer for a partisan campaign or political organization.
Canvass, phone-bank, write postcards, and distribute campaign literature.
Attend and participate in political rallies and meetings.
Express support for or opposition to candidates.
Make personal political contributions and attend fundraising events.
Political volunteer work must be performed:
While off duty;
Outside any federal room, building, or workplace;
Without wearing an official uniform or insignia;
Without using a government vehicle, email account, computer, telephone, software license, or other government resource; and
In a personal capacity, without using an official federal title or authority.
Fundraising Is Different
Current federal employees may contribute their own money and attend political fundraising events. They may not, however, knowingly solicit, accept, or receive political contributions at any time: even while off duty.
That means a current federal employee should not:
Ask another person to donate;
Host or co-host a political fundraiser;
Sell fundraising tickets;
Collect or process contributions;
Distribute a fundraising invitation;
Create or publish a fundraising appeal;
Post, forward, “like,” or share political content containing a donation request or contribution link; or
Direct people to a candidate’s contribution page.
FWUCS will not assign current federal employees any fundraising responsibilities.
Further Restricted Federal Employees
Certain employees including employees of specified intelligence, national-security, law-enforcement, election, and investigative agencies, as well as certain categories of senior officials and adjudicators, are subject to stricter rules.
Further restricted employees may vote, make personal contributions, attend rallies or fundraising events as spectators, and express personal political opinions within applicable limits. They may not take an active part in partisan political campaigns or political management.
Because much of FWUCS’s work is directed toward the election of candidates in partisan races, further restricted employees should not perform FWUCS campaign-support work without first obtaining specific guidance from the U.S. Office of Special Counsel or their agency ethics office.
Check whether you are less restricted or further restricted.
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Our Commitment to Federal Employees
FWUCS will:
Clearly distinguish between current and former federal employees.
Ask current federal employees to participate only while off duty, outside federal workplaces, and using personal devices, accounts, and resources.
Never ask current federal employees to solicit, collect, accept, process, or promote political contributions.
Never ask current federal employees to create, administer, distribute, or promote fundraising content; handle donor information; sell tickets; or solicit, accept, or process political contributions.
Never use a current federal employee’s official title, authority, agency affiliation, uniform, insignia, government email, or government equipment to support or oppose a candidate.
Never ask a federal supervisor to recruit, pressure, or direct subordinates to participate.
Identify activities that may be inappropriate for employees classified as “further restricted.”
Encourage volunteers to obtain guidance from their agency ethics office or the U.S. Office of Special Counsel when the rules are unclear.
These protections guide both what appears on this website and how FWUCS organizes its work.
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Different rules apply to state, D.C., and local employees.
The federal Hatch Act may cover employees whose principal government employment involves programs financed in whole or in part with federal funds. Covered employees may not use their official authority to affect an election or coerce other government employees into making political contributions. The Hatch Act’s restriction on becoming a candidate in a partisan election generally applies only when the employee’s salary is paid entirely with federal funds.
State, D.C., local, and agency-specific ethics rules may be stricter than the federal Hatch Act. Employees should consult their employer’s ethics office before participating.
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After leaving federal employment, former employees are generally free to participate in partisan political activity. However, leaving federal service does not erase possible responsibility for violations committed while employed.
Former employees should also avoid implying that a federal agency endorses their candidacy, political work, or views.
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Simple rule to remember: Different time/Different place!
Before doing anything with FWUCS, ask:Am I off duty?
Am I outside a federal workplace?
Am I using only personal equipment and accounts?
Am I acting only in my personal capacity?
Have I avoided using my official title or authority?
Does this content contain a fundraising request or donation link?
Am I avoiding pressure on subordinates or anyone with business before my agency?
Do I know whether I am less restricted or further restricted?
If any answer raises a concern, stop and seek guidance before proceeding.
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This page provides general educational information, not individualized legal advice. Each employee remains responsible for complying with the rules governing their position and agency.
The U.S. Office of Special Counsel administers and enforces the Hatch Act and provides advisory opinions concerning an employee’s proposed political activity.Email: hatchact@osc.gov
Telephone: 800-854-2824 or 202-804-7002
Employees may also consult their agency’s Designated Agency Ethics Official or other ethics counsel.
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