The Hatch Act was passed in 1939, sponsored by Senator Carl Hatch of New Mexico, after reports that Works Progress Administration officials pressured relief workers to support Democratic candidates. Its goal was to keep the civil service nonpartisan, protect employees from political coercion, and ensure that government programs are not used for campaigns.
This guide explains who the law covers, what it allows and prohibits, how it is enforced, and the debates over it.
Most federal employees may register and vote, express opinions about candidates and issues, contribute money to campaigns and parties, attend rallies and fundraisers, volunteer for campaigns, join and hold office in political parties, and display signs at home, all while off duty and away from federal property. They may run for office in nonpartisan elections, and in some communities near Washington with many federal workers they may run as independents in local partisan races.
Before the merit system, federal employees were often required to contribute to and campaign for the party in power. The Pendleton Act of 1883 barred coercing employees to give, and the Hatch Act of 1939 went further, prohibiting most federal workers from taking an active part in political management or campaigns. In 1993 Congress loosened the law, allowing most employees to participate in campaigns on their own time while keeping limits on the job. In 1973 the Supreme Court upheld the restrictions as a reasonable limit on employee speech.
The Office of Special Counsel has issued guidance applying the law to social media: employees may share political views on personal accounts but may not post partisan content while on duty or solicit contributions online, and they should not use official titles in partisan posts. Telework has raised questions about when employees are on duty. The rules also apply to political appointees, though some Senate-confirmed officials may engage in political activity on duty if costs are not charged to the government.
Employees may not use their official authority to interfere with an election, solicit or receive political contributions, run as candidates in partisan elections, or ask subordinates to engage in political activity. While on duty, in a federal building, wearing a uniform, or using a government vehicle, they may not engage in political activity directed at the success or failure of a party or partisan candidate. Employees of agencies such as the FBI, CIA, Secret Service, and Federal Election Commission, along with career senior executives, are further restricted and may not take an active part in campaigns at all.
The Office of Special Counsel investigates complaints, issues advisory opinions, and prosecutes cases against career employees before the Merit Systems Protection Board, where penalties range from reprimand and suspension to removal and fines. For political appointees, OSC reports violations to the President, who decides on discipline. Administrations of both parties have had senior officials found to violate the law, often with little consequence, which critics say weakens deterrence. State and local employees in federally funded programs are covered by a narrower version, and many states have their own laws.
Supporters say the Hatch Act protects employees from pressure to support the party in power, keeps government resources out of campaigns, and preserves public trust in a neutral civil service. Critics argue that it restricts the speech of millions of workers, that its rules are confusing, and that it is rarely enforced against top officials. Proposals include stronger penalties for senior appointees, clearer social media rules, and further loosening for employees whose jobs have no connection to policy.
See the agency that enforces it in federal watchdogs, learn about other ethics rules in ethics rules for officials, or compare career and political roles in civil servants vs. elected officials.