1	FEDERAL HATCH ACT 5 U.S.C. § § 7321-7326; 5 C.F.R. Parts 733-734 Political Activity and the Federal Employee: What every employee should know
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7	FEDERAL HATCH ACT 5 U.S.C. § § 7321-7326 The Hatch Act: Who is covered?
8	FEDERAL HATCH ACT 5 U.S.C. § § 7321-7326
9	FEDERAL HATCH ACT 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART B The Hatch Act: What may less restricted employees do?
10	FEDERAL HATCH ACT DOs 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART B GENERALLY, LESS RESTRICTED EMPLOYEES MAY – ENGAGE IN PARTISAN POLITICAL CAMPAIGNING (E.G., DISTRIBUTE CAMPAIGN LITERATURE, ORGANIZE CAMPAIGN EVENTS, SPEAK ON BEHALF OF A CANDIDATE, ETC.) ENGAGE IN PARTISAN POLITICAL MANAGEMENT (E.G., HOLD PARTY OFFICE, ORGANIZE PARTY EVENTS, SERVE ON A PARTY COMMITTEE, ETC.)
11	FEDERAL HATCH ACT 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C The Hatch Act: What prohibitions apply to less restricted employees?
12	FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C COVERED EMPLOYEES MAY NOT — USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH AN ELECTION USE OF OFFICIAL TITLE (GENERIC TITLE, OR “THE HONORABLE”) COERCE SUBORDINATES SOLICIT THE UNCOMPENSATED VOLUNTEER SERVICES OF SUBORDINATES PROVIDE NAMES/ADDRESSES OF EMPLOYEES TO CANDIDATE/CAMPAIGN
13	FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C SOLICIT OR DISCOURAGE POLITICAL ACTIVITY OF ANYONE WITH BUSINESS BEFORE THEIR AGENCY
14	FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS SOLICITATION LETTERS FUNDRAISERS PHONE BANKS * A COVERED EMPLOYEE MAY HOST A MEET AND GREET, OR SPEAK AT A FUNDRAISER
15	FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C BE CANDIDATES FOR PUBLIC OFFICE IN PARTISAN ELECTIONS NONPARTISAN ELECTIONS DESIGNATED LOCALITIES (see slides 33,34 & 35) WRITE-IN CANDIDACY PARTY OFFICE (e.g., PRECINCT COMMITTEE PERSON)
16	CANDIDACY 5 U.S.C. § 7323 WHEN DOES IT BEGIN? WHEN AN INDIVIDUAL ― BEGINS TO COLLECT SIGNATURES FOR NOMINATING PETITIONS BEGINS TO FUNDRAISE MAKES AN ANNOUNCEMENT TO THE PRESS FILES NOMINATING PETITIONS PUTS A CAMPAIGN COMMITTEE TOGETHER
17	NONPARTISAN ELECTIONS / CANDIDACIES 5 U.S.C. § 7323 BEWARE OF NONPARTISAN ELECTIONS / CANDIDACIES NONPARTISAN CAN TRANSFORM TO PARTISAN WHEN EMPLOYEE / CANDIDATE ― SEEKS AND RECEIVES ENDORSEMENT OF POLITICAL PARTY ADVERTISES ENDORSEMENT OF POLITICAL PARTY USES POLITICAL PARTY RESOURCES ANNOUNCES HE / SHE IS A POLITICAL PARTY CANDIDATE KEY: THERE IS EVIDENCE SHOWING THAT PARTISAN POLITICS ACTUALLY ENTERED A CANDIDATE’S CAMPAIGN
18	FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART C ENGAGE IN POLITICAL ACTIVITY WHILE ― ON DUTY IN A GOVERNMENT OFFICE WEARING AN OFFICIAL UNIFORM USING A GOVERNMENT VEHICLE * EXCEPTION: SOME PAS / EOP EMPLOYEES
19	FEDERAL HATCH ACT 5 U.S.C. § 7324; 5 C.F.R. PART 734.101 POLITICAL ACTIVITY MEANS: AN ACTIVITY DIRECTED TOWARD THE SUCCESS OR FAILURE OF A — POLITICAL PARTY CANDIDATE FOR PARTISAN POLITICAL OFFICE, OR PARTISAN POLITICAL GROUP
20	FEDERAL HATCH ACT 5 U.S.C. § 7324; 5 C.F.R. PART 734.101 EXAMPLES OF PROHIBITED POLITICAL ACTIVITY: BUTTONS, POSTERS, COFFEE MUGS, ETC. IN THE WORKPLACE WITH THE FOLLOWING MESSAGES: “VOTE FOR ____________” “I SUPPORT ____________” “REGISTER FOR ________” E-MAIL BUMPER STICKERS ON GOVERNMENT CARS
21	FEDERAL HATCH ACT 5 U.S.C. § 7324; 5 C.F.R. PART 734.101 NOT PROHIBITED POLITICAL ACTIVITY – EXAMPLES: NRA “CRIME CONTROL, NOT GUN CONTROL” “RIGHT TO LIFE” “PRO-CHOICE” “I SUPPORT THE WAR” “PEACE, NOT WAR”
22	FEDERAL HATCH ACT 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART E The Hatch Act: The PAS/EOP exception
23	FEDERAL HATCH ACT: EOP / PAS COVERAGE 5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E Exception applies to: THOSE WHOSE DUTIES AND RESPONSIBILITIES CONTINUE OUTSIDE NORMAL DUTY HOURS AND WHILE AWAY FROM THE NORMAL DUTY POST, AND ARE ― PAID FROM AN APPROPRIATION FOR THE EOP, OR APPOINTED BY THE PRESIDENT AND SENATE-CONFIRMED (PAS), WHO — A) OCCUPY POSITIONS LOCATED IN THE U.S., AND B) DETERMINE POLICIES TO BE PURSUED IN ― RELATIONS WITH FOREIGN POWERS, OR NATIONWIDE ADMINISTRATION OF FEDERAL LAWS
24	FEDERAL HATCH ACT: EOP / PAS COVERAGE (cont’d) 5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E SUCH PAS AND EOP EMPLOYEES MAY ENGAGE IN POLITICAL ACTIVITY WHILE — ON DUTY IN A GOVERNMENT ROOM OR BUILDING WEARING A UNIFORM OR OFFICIAL INSIGNIA USING A GOVERNMENT VEHICLE IF COSTS ASSOCIATED WITH POLITICAL ACTIVITY ARE NOT PAID FOR BY MONEY DERIVED FROM THE U.S. TREASURY
25	FEDERAL HATCH ACT 5 U.S.C. § § 7321-7326 The Hatch Act: Who is a further restricted employee?
26	FEDERAL HATCH ACT: RESTRICTED AGENCIES 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D CRIMINAL DIVISION (DOJ) CENTRAL INTELLIGENCE AGENCY DEFENSE INTELLIGENCE AGENCY FEDERAL BUREAU OF INVESTIGATION FEDERAL ELECTIONS COMMISSION ELECTION ASSISTANCE COMMISSION MERIT SYSTEMS PROTECTION BOARD NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
27	FEDERAL HATCH ACT: RESTRICTED AGENCIES 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D NATIONAL SECURITY AGENCY NATIONAL SECURITY COUNCIL OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE OFFICE OF CRIMINAL INVESTIGATION (IRS) OFFICE OF INVESTIGATIVE PROGRAMS (CUSTOMS) OFFICE OF LAW ENFORCEMENT (BATF) OFFICE OF SPECIAL COUNSEL SECRET SERVICE
28	FEDERAL HATCH ACT: RESTRICTED POSITIONS 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D CAREER SES ADMINISTRATIVE LAW JUDGES MEMBERS OF CONTRACTS APPEALS BOARDS ADMINISTRATIVE APPEALS JUDGES
29	FEDERAL HATCH ACT 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D The Hatch Act: What additional prohibitions apply to further restricted employees?
30	FEDERAL HATCH ACT DON’Ts: FURTHER RESTRICTED EMPLOYEES 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D FURTHER RESTRICTED EMPLOYEES MAY NOT ENGAGE IN PARTISAN POLITICAL CAMPAIGNING AND POLITICAL MANAGEMENT EXAMPLES: MAKE CAMPAIGN SPEECHES DISTRIBUTE CAMPAIGN LITERATURE ORGANIZE A POLITICAL RALLY, MEETING OR FUNDRAISER HOLD POLITICAL PARTY OFFICE OR BE A PARTY DELEGATE PARTICIPATE IN PARTISAN VOTER REGISTRATION DRIVES CIRCULATE NOMINATING PETITIONS KEY: NO ACTIVITY IN CONCERT WITH A POLITICAL PARTY OR CANDIDATE
31	FEDERAL HATCH ACT 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D The Hatch Act: What may further restricted employees do?
32	FEDERAL HATCH ACT DOs: FURTHER RESTRICTED EMPLOYEES 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D FURTHER RESTRICTED EMPLOYEES MAY — JOIN POLITICAL CLUBS OR PARTIES EXPRESS OPINIONS ABOUT CANDIDATES AND ISSUES SIGN NOMINATING PETITIONS ATTEND POLITICAL RALLIES AND CONVENTIONS PARTICIPATE IN NONPARTISAN ACTIVITIES
33	FEDERAL HATCH ACT 5 U.S.C. § 7325; 5 C.F.R. PART 733 The Hatch Act: Rules that apply to designated localities
34	DESIGNATED LOCALITIES 5 U.S.C. § 7325; 5 C.F.R. Part 733 LESS RESTRICTED EMPLOYEES WHO RESIDE IN DESIGNATED LOCALITIES MAY – RUN AS INDEPENDENT CANDIDATES IN PARTISAN ELECTIONS FOR LOCAL OFFICE IN THAT DESIGNATED LOCALITY SOLICIT, ACCEPT OR RECEIVE A POLITICAL CONTRIBUTION ON BEHALF OF AN INDEPENDENT CANDIDATE IN A PARTISAN ELECTION FOR LOCAL OFFICE (EXCEPT MAY NOT SOLICIT A FEDERAL EMPLOYEE) ACCEPT OR RECEIVE A POLITICAL CONTRIBUTION FOR A PARTISAN CANDIDATE FOR LOCAL OFFICE (EXCEPT FROM A SUBORDINATE) SOLICIT, ACCEPT OR RECEIVE UNCOMPENSATED VOLUNTEER SERVICES IN THE PRECEDING THREE INSTANCES (EXCEPT FROM A SUBORDINATE)
35	DESIGNATED LOCALITIES 5 U.S.C. § 7325; 5 C.F.R. Part 733 FURTHER RESTRICTED EMPLOYEES WHO RESIDE IN DESIGNATED LOCALITIES MAY – RUN AS INDEPENDENT CANDIDATES IN PARTISAN ELECTIONS FOR LOCAL OFFICE IN THAT DESIGNATED LOCALITY SOLICIT, ACCEPT OR RECEIVE A POLITICAL CONTRIBUTION ON BEHALF OF AN INDEPENDENT CANDIDATE IN A PARTISAN ELECTION FOR LOCAL OFFICE (EXCEPT MAY NOT SOLICIT A FEDERAL EMPLOYEE ACCEPT OR RECEIVE A POLITICAL CONTRIBUTION FROM A SUBORDINATE) SOLICIT, ACCEPT OR RECEIVE UNCOMPENSATED VOLUNTEER SERVICES IN THE PRECEDING TWO INSTANCES (EXCEPT FROM A SUBORDINATE)
36	FEDERAL HATCH ACT 5 U.S.C. §§ 1215 and 7326 The Hatch Act: OSC’s enforcement role and penalties for violating the Act
37	DISCIPLINARY ACTION 5 U.S.C. § 1215
38	DISCIPLINARY ACTION / PENALTIES 5 U.S.C. § 7326
39	HATCH ACT INFORMATION / ADVICE 5 U.S.C. § 1212 (f) EMPLOYEES MAY: OBTAIN ANSWERS TO SPECIFIC QUESTIONS ABOUT POLITICAL ACTIVITY BY CALLING OSC, AT ― 800-85-HATCH OR 202-254-3650 OBTAIN WRITTEN ADVISORY OPINIONS ABOUT THE HATCH ACT BY CONTACTING OSC ― BY MAIL, AT: U.S. OFFICE OF SPECIAL COUNSEL 1730 M STREET, NW (SUITE 218) WASHINGTON, DC 20036-4505 ATTN: HATCH ACT UNIT BY FAX, AT: (202) 653-5151
40	OSC WEB SITE (http://www.osc.gov)
41	OSC PHONE / E-MAIL CONTACTS