Hatch Act: Who is Not Covered?
State and Local Employees
Hatch Act provisions do not apply to:
- individuals who exercise no functions in connection with federally financed activities; or
- individuals employed by educational or research institutions, establishments, or agencies which are supported in whole or in part by state or political subdivisions thereof the District of Columbia, or by recognized religious, philanthropic or cultural organizations (e.g., administrators, teachers).
The law also exempts certain specified employees from the prohibition on candidacy for elective office. These exemptions include:
- the governor or lieutenant governor of a state, or an individual authorized by law to act as governor;
- the mayor of a city;
- a duly elected head of an executive department of a state or municipality who is not classified under a state or municipal merit or civil service system; and
- an individual holding public elective office. This exemption applies only when the elective office is the position which would otherwise subject the employee to the restriction of the Hatch Act.