§7323 Political Activity Authorized; Prohibitions

Summary

Federal employees may take part in political campaigns and help run campaigns, but they have clear limits. They must not use their job power to try to change an election. They may not knowingly ask for or accept political donations except in a narrow case: the giver must be in the same federal labor or employee group that had a multicandidate political committee as of the Hatch Act Reform Amendments of 1993, must not be the employee’s subordinate, and the request must be for that specific multicandidate committee. Employees may not run for a partisan political office. They also may not ask or pressure someone about political activity if that person has a pending application (like pay, grants, contracts, rulings, licenses, permits, or certificates) before the employee’s office, or is the subject of an ongoing audit, investigation, or enforcement action by that office. Some jobs have tighter rules. Except for people appointed by the President and confirmed by the Senate, employees of the Federal Election Commission may not ask for or receive political gifts from other federal workers, Members of Congress, or uniformed service officers. Also, except for those Senate‑confirmed presidential appointees, employees in a range of election, national security, intelligence, law‑enforcement, and oversight agencies (for example: FEC, Election Assistance Commission, FBI, Secret Service, CIA, National Security Council, NSA, Defense Intelligence Agency, Merit Systems Protection Board, Office of Special Counsel, IRS Criminal Investigation, Customs investigative programs, ATF law enforcement, National Geospatial‑Intelligence Agency, and the Office of the Director of National Intelligence) and people in jobs listed under sections 3132(a)(4), 5372, 5372a, and 5372b may not take an active role in political management or campaigns. The same rule also applies to employees of the Criminal Division and National Security Division of the Department of Justice, except for Senate‑confirmed presidential appointees. “Active role in political management or campaigns” means the kinds of political actions that were banned for competitive service employees before July 19, 1940. Employees still have the right to vote and to share their opinions about politics.