A Guide to Understanding and Complying with the Hatch Act

Federal employees need to be very careful while at work.

May 18, 2023

Issue #322 Government May 18, 2023

Because many current and former government employees, including the former president of the United States and many of his aides and family members, at least one Congressman, and one or more justices of the Supreme Court are being accused and even indicted for civil and criminal acts, it is important to learn about one of the laws that federal employees must not break.

The Hatch Act was passed in 1939 to protect our electoral system from political interference by restricting partisan activities by executive branch employees while at work.

The History of the Hatch Act and Its Purpose

For over 80 years, the Hatch Act has been a pillar of American political life, regulating the conduct of certain federal employees and ensuring that the lines between partisan politics and government service remain clear. Its core purpose is to promote the integrity of our democracy by preventing federal civil servants from engaging in partisan political activity. The Hatch Act exists to protect public trust in government institutions and to ensure that taxpayer resources are not co-opted for political gain.

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What activities are prohibited under the Hatch Act?

The Hatch Act of 1939 prohibits federal employees from engaging in certain political activities that may undermine the fair and impartial operation of the government. Some of the prohibited activities include actively participating in political campaigns, soliciting or receiving political contributions, and using one's official position to influence an election outcome. The prohibition extends to both on-duty and off-duty conduct, empowering the law to uphold a nonpartisan work environment free from political influence. However, it's important to note that there are certain exceptions where employees are allowed to engage in political activities, such as voting, expressing personal opinions, and running for a non-partisan office.

Instances when politicians have broken the Hatch Act

Although violations of the Hatch Act are rare, there have been instances where politicians have broken the law. In 2019, a video showed White House counselor Kellyanne Conway advocating for a Senate candidate during an interview at the White House. Similarly, in 2018, former senior advisor to President Obama, David Simas, was found to have violated the Hatch Act.

The Hatch Act serves to maintain the integrity of our government and ensure that politicians serve the public, not their own political interests.

How does the Hatch Act protect citizens from government abuse?

The Hatch Act protects citizens by restricting the political activities of federal employees, whether they work in the executive branch or for agencies such as the FBI or the postal service.

This law aims to prevent government workers from using their positions to promote political candidates or parties, ensuring that civil servants remain loyal to their duties and impartial in their service to the public.

While employees are still entitled to their political beliefs and private activities, the Hatch Act ensures that government workers are accountable to the people they represent, and it keeps government abuse at bay.

Are there any loopholes in the Hatch Act?

While the Act aims to ensure that government workers remain neutral in their political standings, there are still potential loopholes that individuals may exploit. For example, those who work in a screening role for government candidates may become privy to sensitive information that could influence their personal political views.

Moreover, it is not unheard of for employees to dodge the constraints of the Act by labeling their political activity as an expression of free speech.