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Employees must be vigilant to
ensure that their participation in political activities
does not create real or apparent conflicts of
interest with regard to the performance of their
official duties. Under the Hatch Act, Executive
Branch employees are subject to rules that limit
their involvement in political activities1. Additional
statutory restrictions apply to career members
of the Senior Executive Service (SES). Before
participating in political activities, please
read the relevant part of this memorandum. Guidance
applicable to most employees is set forth in Part
I; guidance applicable to career SES officials
is set forth in Part II.
Part I: Rules
Applicable to Non-SES Employees
PROHIBITED Political
Activities
Employees may not use their official
authority or influence to interfere with or affect
the results of an election, which includes:
- Using their official titles
while participating in a permitted political
activity;
- Using their authority to coerce
anyone into participating in a political activity;
- Soliciting or receiving uncompensated
volunteer services from a subordinate;
- Soliciting or discouraging
the participation in a political activity of
anyone with official matters before the United
States Department of Agriculture.
- Participating in the
following political fundraising activities:
- Soliciting or receiving
political contributions (except under limited
circumstances in relation with certain local
elections or Federal labor organizations);
[Employees
may not solicit contributions anonymously
over the telephone.]
- Allowing the use
of their official titles in relation to
political fundraising; and
- Hosting or sponsoring
a political fundraiser.
[An employee's
spouse may host or sponsor a fundraiser,
and the employee may attend.]
- Running for partisan office
(except as independent candidates in certain
local elections).
- Participating in a permitted
political activity while on duty, while in a
Government office or building, or while using
a Government vehicle.
_______________________
1 The Hatch Act of 1939, as amended
in 1993, published in Title 5 United States Code
§§ 7321-7326, and its implementing regulations
are published in Title 5 Code of Federal Regulations
parts 733-734.
PERMITITED Political
Activities
Non-SES employees may
participate in political
activities to the extent not expressly prohibited
above.
These employees may
participate in the following
political organization activities:
- Serve as members and/or officers
of a political party or partisan group;
- Attend and participate in a
political convention, caucus, or rally;
- Serve as delegates to a political
party convention.
- Take an active part in
a political campaign, which includes:
- Displaying a political
sign, sticker, button, or similar material
(but not while on duty, in a Government
office or building, or using a Government
vehicle);
[Employees may
place political stickers on their privately
owned vehicles even if they park in a Government
lot or occasionally drive themselves to
attend meetings at other agencies.]
- Initiating or circulating
a partisan nominating petition;
- Canvassing for votes;
- Endorsing or opposing a
candidate in a political advertisement,
broadcast, or campaign literature;
- Addressing a political
convention, caucus, or rally on behalf of
a candidate;
- Managing a political campaign;
and
- Distributing campaign literature.
- Participate in the following
election-related activities:
- Voting;
- Acting as recorders, watchers, or challengers
at a polling place;
- Serving as election judges or clerks;
- Driving voters to a polling place; and
- Running for non-partisan office (an office
to which political parties may not designate
candidates).
[Employees who
run for non-partisan office may not seek
the endorsement of a political party or
print partisan campaign literature.]
- Participate in the following
political fundraising activities:
- Making a financial political contribution;
- Attending, addressing, or being featured
guests at a political fundraiser (but refraining
from soliciting contributions personally);
[Invitations to
a fundraiser may list employees as guests
or speakers but may not include their official
titles.]
- Soliciting or receiving uncompensated
volunteer services (but not from a subordinate
or anyone with official matters before the
United States Department of Agriculture);
and
- Managing or organizing a political fundraiser
hosted or sponsored by others (but refraining
from soliciting contributions personally).
Part II:
Rules Applicable to Career SES Officials
PROHIBITED Political
Activities
Career SES officials may
not:
- Participate in a permitted
political activity while on duty, while in a
Government office or building, or while using
a Government vehicle.
- Use their official authority
or influence to interfere with or affect the
result of an election, which includes:
- Allowing the use of their official titles
in relation to a political activity;
[A general form
of address (such as "The Honorable")
may be used.]
- Using their authority to coerce anyone
into participating in a political activity;
and
- Soliciting or discouraging political activity
participation.
- Participate in the following
political organization activities:
- Serving as officers of a political party
or partisan group;
- Serving as delegates, alternates, or proxies
to a political party convention; and
- Addressing a political convention, caucus,
or rally in support of or in opposition
to a candidate, if done in concert with
a candidate, political party, or partisan
group.
[In their official
capacity, employees may brief a political
party or partisan group (but not at a partisan
meeting conducted as a fundraiser) or a
non-partisan policy conference (such as
an official town-hall meeting sponsored
by a Member of Congress) on issues of National
defense or Foreign policy.]
- Participate in the following
political fundraising activities:
- Soliciting or receiving political contributions
(except under limited circumstances in relation
with certain local elections or Federal
labor organizations); and
[Employees may
not solicit contributions anonymously over
the telephone.]
- Hosting, sponsoring, managing, organizing,
selling tickets to, promoting, addressing,
or being featured guests at a political
fundraiser.
[An employee's
spouse may host, sponsor, manage, or organize
a fundraiser, and the employee may be present
solely as an attendee.]
- Take an active part in a political
campaign, which includes:
- Managing a political campaign (except
for an independent candidate in certain
local elections);
- Canvassing for votes in concert with a
candidate, political party, or partisan
group;
[Employees may
not canvas anonymously over the telephone.]
- Endorsing or opposing a candidate in a
political advertisement broadcast, or campaign
literature, in concert with a candidate,
political party, or partisan group;
- At their expense, employees
may purchase airtime to express their individual
political opinions but may not appear in
a program sponsored by a campaign committee.]
- Initiating or circulating a partisan nominating
petition;
- Providing volunteer services to a political
campaign (such as writing a speech, doing
clerical work at a campaign office, or participating
in a phone bank); and
- Distributing campaign literature printed
by or in concert with a candidate, political
party, or partisan group.
[At their own expense,
employees may print and distribute fliers
that express their individual political
opinions but may not distribute fliers printed
by a campaign committee.]
- Participate in the following
election-related activities:
- Running for partisan office (except as
independent candidates in certain local
elections).
- Acting as recorders, watchers, or challengers
at a polling place for a candidate, political
party, or partisan group; and
- Driving voters to a polling place for
a candidate, political party, or partisan
group.
PERMITTED Political
Activities
Career SES officials may participate
in political activities to the extent not prohibited
above. These employees may:
- Express their political opinions
publicly (but not in concert with a candidate,
political party, or partisan group), which includes:
- Signing a political petition; and
- Displaying a political sign, sticker,
button, or similar material (but not while
on duty, in a Government office or building,
or using a Government vehicle)
[Employees may
place political stickers on their privately
owned vehicles even if they park in a Government
lot or occasionally drive themselves to
attend meetings at other agencies.]
- Be politically active in connection
with a question that is not specifically identified
with a political party (such as a constitutional
amendment or municipal ordinance).
- Participate in the following
election-related activitie
- Voting;
- Serving as election judges or clerks when
the law requires them to perform non-partisan
duties; and
- Running for non-partisan office (that
is, an office to which political parties
may not designate candidates.
[Employees who
run for non-partisan office may not seek
the endorsement of a political party or
print partisan campaign literature.]
- Participate in the following
political organization activities:
- Being members of a political party or
partisan group; and
- Attending a political convention, caucus,
or rally solely as spectators
- Participate in the following
political fundraising activities:
- Making a financial political contribution;
and
- Being present at a political fundraiser
solely as attendees.
The above information is provided
exclusively to ensure that employees fully understand
their limitations under the guidelines of the
Hatch Act. It is not provided to encourage or
discourage employees' participation in political
activities.
If you have questions or
encounter situations not covered by this advisory,
please contact your supervisor. Supervisors with
inquiries should contact the Agency Ethics Office
at 504-426-0308 or 504-426-0307.
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