FREE ESSAY ON THE HATCH ACT OF 1939

THE HATCH ACT OF 1939

The Hatch Act of 1939
Under Hatch Act of 1939, federal employees, employees of the District of Columbia (D.C.)
government, and 
certain state and local government employees faced significant restrictions on their
ability to participate in political 
activities and placing ceilings on campaign expenditures. The act is named for its
author, Senator Carl Atwood Hatch 
(1889-1963) of New Mexico. (There was an earlier Hatch Act (1887), named for
Representative William Henry Hatch 
(1833-96) of Missouri, concerned the study of scientific agriculture.) The Hatch Act of
1939 passed following several 
big corruption cases involving the burgeoning post-New Deal bureaucracy, and was aimed at
the civil service. But by its 
terms, it applies to almost anyone on the U.S. government payroll. Only the president,
vice president, and appointees 
requiring Senate confirmation (such as Cabinet secretaries) are exempt. The original
Hatch Act forbade government 
employees to raise funds, give partisan public speeches, or volunteer for any candidate
or party. Among its provisions, 
the Hatch Act prohibited such practices as threatening, intimidating, or coercing voters
in national elections; made it 
illegal for administrators in U.S. civil service to interfere with the nomination and
election of candidates to federal 
office; proscribed the practices of promising and withholding certain kinds of employment
and unemployment relief as 
a reward or punishment for political activity; and prohibited the solicitation of
political contributions from relief 
recipients. Enforcement of the Hatch Act was always erratic, and there was no serious
attempt to apply its general ban 
on politicking to the White House.
The Hatch Act was amended in 1940 to put a $5000 ceiling on annual individual
contributions to campaigns for 
any one candidate for election to federal office and to limit the contributions received
and expended by political 
committees to $3 million a year. The purchase of goods or advertising, the proceeds of
which would benefit candidates 
for election to federal office, was prohibited. All provisions of the act relating to
federal employees were extended to 
state employees engaged in any function financed by federal funds. Later statutes,
especially those of the 1970s, dealt 
with the use and limitation of campaign contributions. 
In 1993, with President Clinton's backing, the Hatch Act was amended to allow all these
things, so long as they 
are done outside the workplace and government employees don't exploit their positions for
political purposes. 
The Hatch Act reform permitted more political activity by federal and D.C. government
employees andliberalized 
restrictions on partisan political activities by off-duty federal employees. Further, by
Department of Defense (DOD) 
policy, Presidential appointees confirmed by the Senate and non-career SES members may
not engage in actions that 
could be interpreted as associating the DOD with any partisan political cause or issue.
(These amendments did not 
change the provisions applying to state and local employees.) 
With the 1993 amendments, many federal employees (including Army civilian employees) are
now permitted to 
take an active part in political management or in political campaigns. However, certain
federal agrncies and categories 
of employees continue to be subject to important restrictions on political activities
(including partisan candidacy, 
solicitation of contributions, and on-duty political activity). The amendment
specifically allows employees of the 
Executive Office of the president to engage in political activity. The law defines
political activity to include anything 
campaign-related--organizing events, planning party strategy--except fund raising, which
it completely prohibits. 
These same limits apply to Cabinet secretaries and all other presidential appointees
approved by the Senate. The 
president's campaign or party must reimburse the government for the use of its offices
and resources. 
The Clinton administration imposed additional Hatch-like regulations on itself. White
House employees can work on 
their political projects only if they put in 40 hours' work over the course of the week
on official business. And the 
White House installed separate phone and fax lines for political work. But these rules
are not legally binding. And in 
practice, such distinctions between official and political White House work are almost
meaningless. 
The following is a list of what federal employees can and cannot do under the amended
Hatch Act.
ALLOWABLE
-  Be a candidate for public office in nonpartisan elections 
-  Register and vote as you choose 
-  Assist in voter registration drives Express opinions about candidates and issues 
-  Contribute money to political organizations 
-  Attend political fundraising functions 
-  Attend and be active at political rallies and meetings 
-  Join and be an active member of a political party or club 
-  Sign nominating petitions 
-  Campaign for or against referendum questions, constitutional amendments, municipal
ordinances 
-  Campaign for or against candidates in partisan elections 
-  Make campaign speeches for or against candidates in partisan elections 
-  Distribute campaign literature in partisan elections 
-  Hold office in political clubs or parties 
-  Express opinions about candidates and issues 
PROHIBITED
-  Use your official authority or influence to interfere with an election 
-  Collect political contributions unless both you and the donor are members of the same
federal labor organization 
-  or employee organization and the one solicited is not a subordinate employee 
-  Knowingly solicit or discourage the political activity of any person who has business
with DOD 
-  Engage in political activity while on duty 
-  Engage in political activity in any government office 
-  Engage in political activity while wearing an official uniform 
-  Engage in political activity while using a government vehicle 
-  Solicit political contributions from the general public 
-  Wear political buttons on duty 
-  Place large political signs, banners, or posters on private vehicles while on base 
-  Be a candidate for public office in partisan elections (but see exception below) 
Exception: OPM has designated Centerville and Warner Robins as having a significant
make-up of federal 
employees. As such, employees residing in these cities may do the following:
1. Run as independent candidates for elections to partisan political office in elections
for local offices of the city.
2. Accept or receive political contributions in connection with the local elections of
the city.
However, candidacy for, and service in, a partisan political office shall not result in
neglect of, or interference with the 
performance of the duties of the Federal employee or create a conflict, or apparent
conflict, of interest.
The OSC receives and investigates complaints of Hatch Act violations. When warranted, the
OSC will prosecute 
violations before the Merit Systems Protection Board. When violations are not
sufficiently egregious to warrant 
prosecution, the OSC may issue a warning letter to the employee involved.
Violations of Hatch Act provisions applicable to federal employees are punishable by
removal, or a minimum 30-day 
suspension without pay. Violations of Hatch Act provisions applicable to covered state
and local employees are 
punishable by removal, or, if the agency refuses to remove the employee, by forfeiture by
the affected state or locality of 
federal assistance equal to two years of the charged employee's salary.