Hatch Act
The Hatch Act, enacted in 1939 and most recently amended in 2012, is a federal statute that restricts the political activities of federal civilian executive branch employees, excluding the President and Vice President. The Act’s restrictions vary according to an employee’s position, duty status, and use of government resources.
Under 5 U.S.C. § 7323, most federal employees may participate in off-duty political activities, such as managing campaigns or expressing partisan views, but they may not run for partisan office, solicit or receive political contributions, or use their official authority to influence elections. Certain employees in sensitive or national security roles, classified as further restricted under § 7323(b)(2) and § 7323(b)(3), are barred from taking any active part in political management or campaigns. Additionally, 5 U.S.C. § 7324 prohibits political activity while on duty, in a federal building, while wearing an official uniform or insignia, or while using a government vehicle, with narrow exceptions for limited expression.
Federal independent administrative agencies implement the Hatch Act. The Act is enforced by the U.S. Office of Special Counsel (OSC), which investigates and prosecutes violations before the U.S. Merit Systems Protection Board (MSPB). The OSC also issues advisory opinions interpreting the statute and provides compliance guidance to federal agencies. See: Hatch Act Advisory Opinions. Violations of the Hatch Act may result in penalties including removal from federal service, suspension, reduction in grade, debarment from federal employment for up to five years, letters of reprimand, or civil fines up to $1,000.
In United Public Workers v. Mitchell, 330 U.S. 75 (1947), the U.S. Supreme Court upheld the Act’s constitutionality, finding that it reasonably restricts partisan political activity to protect the integrity of public service. Writing for the Court, Justice Reed explained that expressions of opinion on public affairs are lawful so long as the employee does not “direct his activities toward party success.”
[Last reviewed in November of 2025 by the Wex Definitions Team]
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