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HATCH ACT
         Restrictions on Partisan Political Activities of Civilians

RULE: The Hatch Act restricts partisan political activities of
  civilian DoD employees.
• DoD policy further restricts the partisan political activities
  of certain political appointees.

Military Personnel: Have similar rules which are described
 in DoD Directive 1344.10, Political Activities by Members
 of the Armed Forces
                                                                      1
HATCH ACT
           Restrictions on Partisan Political Activities of Civilians

General Policy Highlights: At DoD there are two categories of
  civilian employees - “further” and “less” restricted.
• Further Restricted: Presidential appointees confirmed by the
  Senate; non-career and career Senior Executive Service
  employees; Members of the Contract Appeals Board; and
  employees of NSA, DIA, NGA (e.g., strictly limited).
• Less Restricted. All others. Generally, most DoD civilians (GS,
  WG, Schedule C, etc.) may engage in partisan political activity,
  but only during non-duty hours & outside the Federal
  workplace .
                                                                        2
What is Political Activity?
Political Activity is an activity directed toward the
success or failure of:
•a political party;
•a candidate for partisan political office (beginning with
fundraising or declaration of candidacy); OR
•a partisan political group
Non-Partisan. Any activity not associated with the
success of a political party or candidate for partisan
political office.
                                                             3
What is Political Activity?
Examples of Political Activity:
•Serving as a delegate to a political party convention
•Wearing a partisan political button in the office
•Working for a political party at the polls on election day
•Using office email to forward campaign information
•Soliciting contributions for a candidate for partisan
office


                                                          4
What is Not Political Activity?
Not Partisan. Activity of a non-partisan nature, including:
• Participating in non-partisan activities of a civic, community, social,
  labor, or professional organization, such as nonpartisan voter
  registration efforts
• Campaigning for or against non-partisan issues, such as referendum
  questions, constitutional amendments, or municipal reforms
• Taking an active part, as a candidate or in support of a candidate, in
  a non-partisan election (e.g., referendum questions, municipal
  ordinance)
• Serving as an election official or clerk, or in a similar position,
  performing non-partisan duties as prescribed by state or local law
                                                                        5
All DoD Civilians …
MAY:
●   Vote
●   Make a financial contribution to a campaign
●   Express personal opinions about candidates and
    issues
●   Sign nominating petitions
●   Attend political rallies and conventions
●   Participate in nonpartisan activities
                                                     6
All DoD Civilians …
MAY NOT
●   Run for partisan office
●   Engage in political activity ON DUTY or IN THE
    FEDERAL WORKPLACE (do not use DoD email
    account!)
●   Solicit, accept, or receive political contributions
●   Misuse official authority to affect an election

                                                          7
Less Restricted Civilians…
MAY:
• Join and be active members of a political party or club
  (organize political meetings or rallies, distribute
  campaign literature, serve as officer or delegate of a
  political party or campaign, volunteer at candidate’s
  campaign office)
• Help organize political fundraising events (but NO
  soliciting, accepting, or receiving of political
  contributions)
                                                            8
Further Restricted Civilians …
MAY NOT:
• Take an active role in partisan political management
  or political campaigns
• Distribute campaign literature for a candidate for
  partisan office
• Organize a political rally or fundraiser for a political
  party
• Hold political party office or be a delegate to a party
  convention
• Host a fundraiser for a candidate for partisan office
                                                           9
Hatch Act Penalty
The Office of Special Counsel (OSC) has exclusive jurisdiction over
investigation and enforcement of the Hatch Act rules.
BEWARE! DoD civilians must scrupulously comply with the Hatch Act
restrictions.
PENALTY:
• Political Appointees. OSC will make a recommendation for discipline
  to the White House.
• All Others. Removal. For most employees, the Hatch Act imposes a
  presumptive penalty of removal from Federal service for a knowing
  violation. The minimum penalty for a Hatch Act violation is a 30-day
  suspension without pay.                                            10
Political Activities of Military Personnel
DoD Directive 1344.10, Political Activities by Members of the Armed
Forces
•Policy: Members on active duty should not engage in partisan political
activity, and members not on active duty should avoid inferences that
their political activities imply or appear to imply official sponsorship,
approval, or endorsement.
•Partisan political activities are those activities supporting or relating to
candidates representing, or issues specifically identified with, national or
State political parties and associated or ancillary organizations or clubs.

                                                                           11
Members of the Armed Forces on    Members of the Armed Forces NOT
                                            Active Duty                      on Active Duty
Promote and encourage voting                    Yes                                 Yes
Attend partisan political club        Yes, when not in uniform           Yes, when not in uniform
meetings
Serve in an official capacity of                 No                   Yes, when not in uniform and no
a partisan political club                                             appearance of DoD endorsement
Speak before a partisan                          No                   Yes, when not in uniform and no
political gathering                                                   appearance of DoD endorsement
Perform any duties for a                         No                   Yes,, when not in uniform and no
partisan political committee or                                       appearance of DoD endorsement
candidate
Write a letter to the editor           Yes, may need disclaimer          Yes, may need disclaimer
Publish partisan political                       No                   Yes, when no appearance of DoD
writings soliciting votes                                                      endorsement
Attend partisan fundraisers and    Yes, when not in uniform and no     Yes, when not in uniform and no
events (merely as a spectator)     appearance of DoD endorsement      appearance of DoD endorsement
Participate in partisan                          No                    Yes, when not in uniform and no
fundraisers and events (more                                          appearance of DoD endorsement
than mere spectator)
Contribute money to a political                  Yes                                Yes
party or candidate
March in a partisan political                    No                   Yes, when not in uniform and 12
                                                                                                   no
parade                                                                appearance of DoD endorsement

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HATCH ACT: restrictions on Partisan Political Activities of Civilians

  • 1. HATCH ACT Restrictions on Partisan Political Activities of Civilians RULE: The Hatch Act restricts partisan political activities of civilian DoD employees. • DoD policy further restricts the partisan political activities of certain political appointees. Military Personnel: Have similar rules which are described in DoD Directive 1344.10, Political Activities by Members of the Armed Forces 1
  • 2. HATCH ACT Restrictions on Partisan Political Activities of Civilians General Policy Highlights: At DoD there are two categories of civilian employees - “further” and “less” restricted. • Further Restricted: Presidential appointees confirmed by the Senate; non-career and career Senior Executive Service employees; Members of the Contract Appeals Board; and employees of NSA, DIA, NGA (e.g., strictly limited). • Less Restricted. All others. Generally, most DoD civilians (GS, WG, Schedule C, etc.) may engage in partisan political activity, but only during non-duty hours & outside the Federal workplace . 2
  • 3. What is Political Activity? Political Activity is an activity directed toward the success or failure of: •a political party; •a candidate for partisan political office (beginning with fundraising or declaration of candidacy); OR •a partisan political group Non-Partisan. Any activity not associated with the success of a political party or candidate for partisan political office. 3
  • 4. What is Political Activity? Examples of Political Activity: •Serving as a delegate to a political party convention •Wearing a partisan political button in the office •Working for a political party at the polls on election day •Using office email to forward campaign information •Soliciting contributions for a candidate for partisan office 4
  • 5. What is Not Political Activity? Not Partisan. Activity of a non-partisan nature, including: • Participating in non-partisan activities of a civic, community, social, labor, or professional organization, such as nonpartisan voter registration efforts • Campaigning for or against non-partisan issues, such as referendum questions, constitutional amendments, or municipal reforms • Taking an active part, as a candidate or in support of a candidate, in a non-partisan election (e.g., referendum questions, municipal ordinance) • Serving as an election official or clerk, or in a similar position, performing non-partisan duties as prescribed by state or local law 5
  • 6. All DoD Civilians … MAY: ● Vote ● Make a financial contribution to a campaign ● Express personal opinions about candidates and issues ● Sign nominating petitions ● Attend political rallies and conventions ● Participate in nonpartisan activities 6
  • 7. All DoD Civilians … MAY NOT ● Run for partisan office ● Engage in political activity ON DUTY or IN THE FEDERAL WORKPLACE (do not use DoD email account!) ● Solicit, accept, or receive political contributions ● Misuse official authority to affect an election 7
  • 8. Less Restricted Civilians… MAY: • Join and be active members of a political party or club (organize political meetings or rallies, distribute campaign literature, serve as officer or delegate of a political party or campaign, volunteer at candidate’s campaign office) • Help organize political fundraising events (but NO soliciting, accepting, or receiving of political contributions) 8
  • 9. Further Restricted Civilians … MAY NOT: • Take an active role in partisan political management or political campaigns • Distribute campaign literature for a candidate for partisan office • Organize a political rally or fundraiser for a political party • Hold political party office or be a delegate to a party convention • Host a fundraiser for a candidate for partisan office 9
  • 10. Hatch Act Penalty The Office of Special Counsel (OSC) has exclusive jurisdiction over investigation and enforcement of the Hatch Act rules. BEWARE! DoD civilians must scrupulously comply with the Hatch Act restrictions. PENALTY: • Political Appointees. OSC will make a recommendation for discipline to the White House. • All Others. Removal. For most employees, the Hatch Act imposes a presumptive penalty of removal from Federal service for a knowing violation. The minimum penalty for a Hatch Act violation is a 30-day suspension without pay. 10
  • 11. Political Activities of Military Personnel DoD Directive 1344.10, Political Activities by Members of the Armed Forces •Policy: Members on active duty should not engage in partisan political activity, and members not on active duty should avoid inferences that their political activities imply or appear to imply official sponsorship, approval, or endorsement. •Partisan political activities are those activities supporting or relating to candidates representing, or issues specifically identified with, national or State political parties and associated or ancillary organizations or clubs. 11
  • 12. Members of the Armed Forces on Members of the Armed Forces NOT Active Duty on Active Duty Promote and encourage voting Yes Yes Attend partisan political club Yes, when not in uniform Yes, when not in uniform meetings Serve in an official capacity of No Yes, when not in uniform and no a partisan political club appearance of DoD endorsement Speak before a partisan No Yes, when not in uniform and no political gathering appearance of DoD endorsement Perform any duties for a No Yes,, when not in uniform and no partisan political committee or appearance of DoD endorsement candidate Write a letter to the editor Yes, may need disclaimer Yes, may need disclaimer Publish partisan political No Yes, when no appearance of DoD writings soliciting votes endorsement Attend partisan fundraisers and Yes, when not in uniform and no Yes, when not in uniform and no events (merely as a spectator) appearance of DoD endorsement appearance of DoD endorsement Participate in partisan No Yes, when not in uniform and no fundraisers and events (more appearance of DoD endorsement than mere spectator) Contribute money to a political Yes Yes party or candidate March in a partisan political No Yes, when not in uniform and 12 no parade appearance of DoD endorsement

Editor's Notes

  1. Note: sign in yard for candidate ok unless homeowner restriction
  2. Cannot use Government equipment such as DoD computer or blackberry; No mass email including jokes from DoD computer Watch social media issues such as use of DoD title on personal facebook or twitter
  3. 30-day suspension: only after appealing to the MSPB/Fed. Cir. for mitigation of the sentence.
  4. 30-day suspension: only after appealing to the MSPB/Fed. Cir. for mitigation of the sentence.
  5. 30-day suspension: only after appealing to the MSPB/Fed. Cir. for mitigation of the sentence.