Hatch Act

The Hatch Act, named for Senator Carl Hatch, a New Mexico Democrat, was signed by President Franklin Roosevelt on August 2, 1939, after reports that Works Progress Administration officials had pressured relief workers to support Democratic candidates in the 1938 elections. It barred most federal executive branch employees from using their official authority to affect elections and from taking an active part in political management or campaigns. A 1940 amendment extended similar limits to state and local employees whose jobs are funded by federal money.

The Supreme Court upheld the act's restrictions against First Amendment challenges in United Public Workers v. Mitchell in 1947 and Civil Service Commission v. National Association of Letter Carriers in 1973, finding that the government may limit employees' partisan activity to ensure fair administration and protect workers from coercion. The Hatch Act Reform Amendments of 1993 loosened the rules, letting most employees take part in campaigns on their own time, while still barring them from running in partisan elections, soliciting political contributions, or engaging in political activity on duty or in federal buildings.

Employees in certain agencies, such as the FBI, the intelligence agencies, and the Office of Special Counsel, face stricter limits. The President and Vice President are not covered, but senior White House staff are. The Office of Special Counsel enforces the act and issues advisory opinions, and violations can lead to removal, suspension, or fines. Recent administrations of both parties have faced findings that senior officials violated the act, including a 2019 recommendation that a White House counselor be removed, and critics say enforcement against political appointees is weak because discipline depends on the President.