THE HATCH ACT EXPLAINED

The Hatch Act is a federal law that forbids federal employees from taking part in any political activities while they are operating in an official governmental capacity. It has been in existence for over 80 years and is named after former New Mexico Senator Carl A. Hatch (D). The Hatch Act has both civil and criminal provisions within it. The president and vice president are exempt from the civil provisions of the Hatch Act. They are, however, both bound by the criminal provisions of the Hatch Act which forbid intimidating, threatening, or coercing federal employees in any way to participate in political endeavors. The Hatch Act also forbids the President from the use of relief or public works funds for electoral purposes. The criminal provisions of the Hatch Act also bar federal employees from using their status and governmental authority to interfere or affect the election of the president and vice president. The purpose of the Hatch Act is to ensure that the federal workforce is able to function and operate without political influence or coercion in an effort to prevent public corruption.

DID PRESIDENT TRUMP VIOLATE THE HATCH ACT?

President Donald Trump has drawn heavy criticism over how the Republican National Convention (RNC) was prepared and conducted in relation to the Hatch Act. Governmental ethics experts have voiced that hosting the RNC events from the White House violates federal ethics law. During the RNC, both President Trump and First Lady Melania Trump used the White House as a backdrop for political purposes. President Trump granted a presidential pardon live from the White House, while First Lady Melania Trump gave a speech from the White House Rose Garden. President Trump even oversaw a naturalization live on television performed by acting Homeland Security Secretary Chad Wolf. Secretary of State Mike Pompeo has also faced scrutiny due to his speech performed from Jerusalem while there on official state business, using the city as a background. Provisions of the Hatch Act aim to prevent politicizing foreign policy and seek to keep federal employees and election activities largely separate. The Democratic party has called for a probe into alleged potential violations by federal employees of the Hatch Act during the RNC.

HOW DOES THIS AFFECT ME?

If you are a federal employee in any capacity, then this can affect you directly. While most federal employees are allowed to be an active part of political campaigns, the Hatch Act does forbid certain political activity by federal employees. Federal employees are not allowed to: 

• Run for public office partisan elections,
• Use their official title when taking part in any political activity
• Seek or accept contributions for partisan political candidates or groups, and
• Take part in any political activity while on duty.



If you have any questions about what you are legally allowed to do under the provisions of the Hatch Act, then it is important that you seek the advice of an experienced federal public corruption attorney. Your activities as a federal employee are governed by laws that are designed to keep partisan political activities out of the day to day responsibilities of your job and role. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law as a federal employee. If you are in the public eye, then it is important to understand that you are also dealing with public trust. A loss of that trust can be devastating to any future career in government work, and a violation of federal public corruption laws such as the Hatch Act can have serious consequences.