Hatch Act & Federal Employee Political Activity

The Hatch Act of 1939 restricts federal executive branch employees from using their official authority or government resources to influence elections or engage in partisan political activity. Its core prohibition: you cannot use your federal position, government time, government equipment, or government facilities for political work. Federal employees can still vote, make personal political donations, and privately support candidates — but they must keep politics out of their official capacity. The law also covers some state and local employees whose positions are funded by federal grants. Violations are enforced by the Office of Special Counsel (OSC) and can result in suspension or removal. "Further restricted" employees — career Senior Executive Service members, administrative law judges, and certain law enforcement and intelligence personnel — face additional constraints and cannot engage in most active partisan political activity even off-duty. The Hatch Act has been a recurring flashpoint in Trump-era politics: the Office of Special Counsel found multiple Trump administration officials violated it, including Kellyanne Conway (whom OSC recommended removing), but President Trump did not act on those recommendations — raising questions about how the law is actually enforced when the violator is close to the president.

Current Law (2026)

Legal Authority

• 5 U.S.C. § 7321 — Political participation (Congress declares that employees should be free to participate in or abstain from political activity without fear of penalty; subject to prohibitions in §§ 7323-7324)
• 5 U.S.C. § 7323 — Political activity authorized; prohibitions (employees may not use official authority to interfere with or affect an election; may not solicit or receive political contributions except in certain circumstances; "further restricted" employees may not take active part in political management or campaigns)
• 5 U.S.C. § 7324 — Political activities on duty; prohibition (no employee may engage in political activity while on duty, in any government room or building, while wearing an official uniform or badge, or while using a government vehicle)
• 5 U.S.C. § 7326 — Penalties (violations punishable by removal, reduction in grade, debarment from federal employment for up to 5 years, suspension, $1,000 fine, or reprimand; Merit Systems Protection Board adjudicates cases referred by OSC)

How It Works

The Hatch Act is the federal law that restricts political activity by government employees — designed to prevent the use of government power for partisan purposes and to protect federal workers from being coerced into political activity by their superiors.

Before 1939, federal patronage and political coercion were rampant — government employees were expected to campaign for the party in power, contribute to political funds, and use official positions to advance partisan interests, undermining the merit system. The Hatch Act separated government service from partisan politics. Most federal employees may still register and vote, contribute money to campaigns, attend political rallies and fundraisers on their own time, display bumper stickers and yard signs, express political opinions privately, and run for nonpartisan elected office — the 1993 amendments significantly loosened the original restrictions. What they cannot do: use official authority or influence to affect an election, solicit or receive political contributions, engage in any political activity while on duty or in a government building, wear a government uniform, use a government vehicle for political activity, or run for partisan elected office. The "on duty" restriction reaches social media — a political tweet sent from a government computer during work hours violates the Act regardless of platform or device.

Certain categories of employees — career Senior Executive Service (SES) members, administrative law judges, and some intelligence and law enforcement personnel — face additional restrictions under 5 U.S.C. § 7323, and cannot take an active part in political management or campaigns even off-duty: no campaign volunteering, no partisan fundraising, no serving as officers of political organizations, though they retain the right to vote, donate money, and express opinions privately. The Office of Special Counsel (OSC) investigates Hatch Act complaints and can seek disciplinary action before the Merit Systems Protection Board (MSPB); penalties range from a letter of reprimand to removal from federal service, though most cases result in warnings or letters of discipline. Employees who report violations are covered by whistleblower protections. OSC also issues free advisory opinions at hatchact@osc.gov — particularly valuable as social media and telework create novel compliance questions. For related ethics obligations, see Government Ethics & Financial Disclosure.

How It Affects You

State Variations

Implementing Regulations

• 5 CFR Part 151 — Political Activity of State or Local Officers or Employees (4 sections — OPM's implementing regulations for the Hatch Act's state and local coverage under 5 U.S.C. § 1502, which restricts political activity by state and local government employees whose positions are principally funded by federal loans or grants):

  • § 151.101 — Definitions: "State" includes territories and possessions; "State or local agency" means the executive branch of a State, municipality, or other political subdivision, or any agency of those entities administering a program funded in whole or in part with federal loans or grants; defines "partisan political activity" and "election"; the definitions are intentionally broad to reach all federally funded public employment
  • § 151.111 — Permissible activities: covered state and local employees are free to engage in political activity to the widest extent consistent with statutory restrictions; they may register and vote, express private opinions, contribute money to political campaigns, and participate in nonpartisan elections; the permitted baseline mirrors the Hatch Act's permissive rules for most federal employees — the goal is restriction of activity that uses official authority, not suppression of all political participation
  • § 151.121 — Use of official authority; coercion; candidacy prohibitions: covered employees may not use official authority or influence to affect an election or nomination; may not coerce, command, or advise another to pay anything to a political party or committee; and — the most operationally significant provision — may not be a candidate for public office in a partisan election while holding a covered position and while the agency receives federal financial assistance; the candidacy bar requires the employee to choose between the covered position and the partisan candidacy
  • § 151.122 — Candidacy exceptions: the partisan candidacy prohibition does not apply to the Governor or Lieutenant Governor of a State, the Mayor of a city, a duly elected head of an executive department whose compensation is not appropriated, or a member of an elected governing board; these exclusions reflect constitutional and practical limits on applying the Hatch Act to top elected state and local officials

  Part 151's practical reach is determined by which positions are "principally employed" in federally funded programs — a factual question that turns on the source of funding for the employee's position. Employees in Medicaid offices, federally funded housing programs, federally assisted law enforcement programs, and similar positions are covered; employees in positions funded entirely by state or local appropriations are not. The OSC's Office of Hatch Act Compliance issues advisory opinions for covered state and local employees at hatchact@osc.gov — the same channel used for federal employee advice.

• 5 CFR Part 1800 — OSC Filing of Complaints and Allegations: the procedural rules governing how individuals file prohibited personnel practice complaints, whistleblower disclosures, and Hatch Act complaints with the U.S. Office of Special Counsel. Key provisions:

  • § 1800.2 — Prohibited personnel practice complaints: OSC has jurisdiction over 14 categories of prohibited personnel practices under 5 U.S.C. § 2302, including retaliation for whistleblowing, coercion of political activity, nepotism, veterans' preference violations, and nondisclosure agreements that omit the required § 2302(b)(13) statement; any person may file on behalf of current/former federal employees or applicants; complaints must be filed on the OSC complaint form (available at osc.gov); OSC will not process complaints in any other format; the form is considered filed on the date OSC receives a completed form
  • § 1800.3 — Whistleblower disclosures: current or former federal employees and applicants may file disclosures of information they reasonably believe evidences violations of law, gross mismanagement, gross waste of funds, abuse of authority, substantial and specific danger to public health or safety, or scientific integrity censorship; OSC must determine within 45 days whether there is a "substantial likelihood" the disclosure reveals wrongdoing; if so, OSC refers the matter to the agency head for investigation and a written report; OSC may not investigate the disclosure itself (only determine substantial likelihood and refer); OSC will not disclose the identity of the filer without consent except in imminent danger situations
  • § 1800.4 — Hatch Act complaints: complainants may use Form 14 or any written format including name, address, department complained of, description of actions, names and positions of employees, dates, and documentary evidence; file by email to hatchact@osc.gov or by mail; Hatch Act advisory opinions may be requested by email to hatchact@osc.gov or by phone at (800) 854-2824 — OSC is authorized to issue advisory opinions only for political activity of federal officers and employees, and state/local officers and employees covered by Chapter 15

  Part 1800 was updated in 2022 (87 FR 63405) and 2025 (90 FR 17887). The "completed form" rule for prohibited personnel practice complaints is procedurally strict — if a filer submits a narrative without the official form, OSC will provide the form and request a signature before the complaint is considered filed, which can delay the clock. For Hatch Act complaints, the form requirement is softer — written submissions in any format are accepted — reflecting the different nature of Hatch Act enforcement (which can be based on public information). ADR is available for selected whistleblower and prohibited personnel practice cases.

• 5 CFR Part 734 — Political Activities of Federal Employees (39 sections — OPM's implementing regulations for the Hatch Act Reform Amendments of 1993; specifies the line between permitted political activity and prohibited conduct for most federal civilian employees, and establishes stricter limits for employees in sensitive positions):

  • Permitted activities for most employees (§§ 734.202–734.208): employees covered by the "further restricted" category aside, most federal employees may: express opinions publicly or privately on political subjects; join and be active in political parties; participate in voter registration drives; attend political rallies and contribute money to campaigns; display political buttons, signs, and stickers; run as a candidate in nonpartisan elections; and volunteer personal time for campaigns outside their federal duties
  • Prohibited conduct for most employees (§§ 734.302–734.306): regardless of the permissive baseline, all employees are prohibited from: using their official authority or influence to affect an election outcome; soliciting, accepting, or receiving political contributions (with narrow exceptions for contributions to political committees of federal employee labor organizations); running as a candidate in a partisan election while employed; and conducting partisan political activities while on duty, in a federal building, in uniform, or while using a government vehicle or computer
  • Further restricted employees (Subpart D and §§ 734.401–734.412): employees of certain agencies — including the FEC, Merit Systems Protection Board, OSC, FBI, CIA, NSA, Secret Service, and career SES members — face stricter limits and may not take active part in political management or political campaigns even on their own time; they may vote, make contributions, express opinions privately, and participate in nonpartisan activities only
  • OSC exclusive enforcement (§ 734.102): the Office of Special Counsel has exclusive authority to investigate alleged Hatch Act violations by federal civilian employees; the OSC may seek disciplinary action before the Merit Systems Protection Board; OSC also issues advisory opinions on whether specific planned activities are permissible — employees can request an advisory opinion to get a safe-harbor determination before acting

5 CFR Part 733 — Political Activity of Federal Employees Residing in Designated Localities: OPM rules implementing the designated localities exception under 5 U.S.C. § 7325, which permits federal employees who live in certain geographic localities — where partisan political activity in local elections is common and expected — to participate more broadly in local political campaigns than the standard Hatch Act allows:

• § 733.103–733.104 — Permitted and prohibited activities for most employees in designated localities: federal employees residing in a designated locality may take active part in political management or political campaigns in connection with local elections — meaning they can canvass, solicit votes, serve as ward chairpersons, or otherwise participate in locally partisan political work that the standard Hatch Act would prohibit; the key limitation is that the permitted activities are tied to local elections; participation in partisan federal and statewide campaigns is still prohibited on the same terms as for all other federal employees
• § 733.102 — Exclusion of DOJ Criminal Division and National Security Division: employees in the DOJ Criminal Division and National Security Division are excluded from the designated locality exception even when they reside in a designated locality; they remain subject to the "further restricted" employee rules that apply to sensitive law enforcement and intelligence functions — a recognition that partisan political activity by prosecutors and national security personnel creates integrity concerns regardless of where they live
• § 733.105–733.106 — Stricter rules for sensitive agencies: employees of the Federal Election Commission, Merit Systems Protection Board, Office of Special Counsel, CIA, FBI, NSA, Secret Service, and employees appointed by the President with Senate confirmation are not eligible for the designated locality exception; they remain subject to the further restricted employee rules under Part 734 regardless of where they live; this prevents the exception from being used to enable partisan activity by the officials whose independence is most essential to government integrity
• § 733.107 — Designated localities: OPM determines which communities qualify as designated localities by finding that: (a) the area has a partisan tradition in local government employment (party affiliation is a significant factor in who gets local government jobs), and (b) it is in the domestic interest of employees to be able to participate in local political activity; currently designated localities include the Washington, DC metro area (DC, and portions of Maryland and Virginia), and a small number of other communities determined to have similar characteristics; OPM can add or remove localities through published rulemaking

The designated localities exception reflects a pragmatic accommodation: federal employees who live in areas where local political participation is deeply embedded in community and civic life — particularly the Washington, DC metro area, where partisan local politics governs municipal services, local contracting, and community organizations — face a different situation than employees in communities with nonpartisan local governments. Congress created § 7325 to avoid a situation where federal employees in those communities are effectively locked out of full civic participation by Hatch Act restrictions that make more sense outside the DC metro context. The exception is narrow — it covers local elections and local political management only — and is further restricted for employees whose own independence from political pressure is most important to protect.

Pending Legislation

• HR 5998 — Keep OSC Hatch Act Unit working during funding lapses. Status: Introduced.
• S 806 (Sen. Lujan, D-NM) — Require OSC to define covered employees, report to Congress every 180 days. Status: Introduced.
• HR 1688 (Rep. Garcia, D-CA) — Require OSC to publish enforcement data, notify Congress about declined investigations. Status: Introduced.

Recent Developments

• White House pushback on OSC enforcement (2025-2026): The Trump administration challenged the Office of Special Counsel's Hatch Act enforcement authority and enforcement philosophy. The White House pushed back on an OSC finding that use of "MAGA" branding by federal employees in official contexts constituted impermissible partisan political activity (February 2026). The administration's position — that partisan slogans are protected speech when used by employees consistent with their agency's mission — represents a significant departure from prior Hatch Act enforcement practice. OSC is an independent agency; the President cannot directly order it to change its findings, but can decline to enforce its recommendations.
• Return-to-office and Hatch Act compliance: The federal government's return-to-office mandate created new Hatch Act compliance questions: when employees are in federal buildings full-time (rather than working remotely), the "while on duty in federal buildings" restrictions apply more broadly to political activity including social media use during work hours.
• Social media enforcement continues: OSC continues to receive thousands of Hatch Act complaints annually, with the majority related to social media. The key bright lines: federal employees may not engage in partisan political activity while on duty, in a government building, using official communications channels, or in uniform. Personal social media posts outside work hours are generally permissible — but the line blurs when employees post using agency-provided devices during telework.
• Senior official enforcement challenge: OSC findings against senior political appointees and White House staff have historically lacked teeth — the only sanction is removal from federal service, and for political appointees who serve at the President's pleasure, the President is effectively the only one who can enforce that consequence. OSC's 2019 finding that Counselor to the President Kellyanne Conway violated the Hatch Act on multiple occasions and its recommendation that she be removed (which President Trump rejected) is the canonical illustration; the general pattern of senior officials facing minimal consequences for violations continues to highlight this enforcement gap.