The Hatch Act political activity restrictions for federal employees, set out in 5 U.S.C. § 7324, bar covered employees from engaging in partisan political activity in four specific situations: while on duty, inside a federal building, while wearing a government uniform or insignia, and while using a government vehicle.1Office of the Law Revision Counsel. 5 U.S.C. 7324 – Political Activities on Duty; Prohibition A companion section, 5 U.S.C. § 7323, adds a shorter list of prohibitions that apply at all times, on or off duty. “Partisan” is the key word: the rules target activity aimed at helping or hurting a political party, a candidate in a partisan election, or a partisan political group. Nonpartisan civic activity and personal voting rights are untouched.
Who the Rules Apply To
The definition of “employee” for § 7324 reaches nearly everyone working in an Executive Branch agency, plus anyone in a competitive service position outside an Executive agency. It does not reach the President, the Vice President, members of the uniformed services, or employees of the D.C. government.2Office of the Law Revision Counsel. 5 U.S.C. 7322 – Definitions
Within that covered group, the Office of Special Counsel splits employees into two categories. Most fall into the “less restricted” group and may take part in partisan campaigns and political management on their own time, subject to the four situational limits below. A smaller “further restricted” group cannot participate in partisan campaigns or political management at all, even off duty. That group includes employees at the FBI, CIA, Secret Service, NSA, and Defense Intelligence Agency, as well as employees of the Federal Election Commission, the Election Assistance Commission, the Merit Systems Protection Board, and OSC itself. Career members of the Senior Executive Service, administrative law judges, and contract appeals board members are further restricted regardless of agency.3U.S. Office of Special Counsel. Federal Employee Hatch Act Information
Knowing which category you sit in is the first question, because the rest of the analysis depends on it.
While You Are on Duty
Section 7324(a)(1) prohibits political activity during your paid work time.1Office of the Law Revision Counsel. 5 U.S.C. 7324 – Political Activities on Duty; Prohibition Telework counts. If you are working from home, you are on duty and subject to the same limits you would face at a federal office. Official travel counts too.
Political activity means anything directed at the success or failure of a political party, a candidate in a partisan election, or a partisan political group. A partisan political group is a committee, club, or organization affiliated with a party or candidate, or organized for a partisan purpose.4eCFR. 5 CFR 734.101 – Definitions Posting a candidate endorsement while clocked in, sending a fundraising email from a home office during work hours, or texting a coworker to back a candidate while traveling on official business all violate the rule.
The Social Media Profile Picture Trap
OSC has said federal employees may use a campaign logo or candidate photo as their profile picture on personal social media. The problem is that a profile picture rides along with every post. Because each post effectively broadcasts the partisan image, you cannot post anything on social media while on duty or in the workplace if your profile picture displays partisan content.5U.S. Office of Special Counsel. The Hatch Act – Frequently Asked Questions on Federal Employees and the Use of Social Media and Email A campaign logo used as a cover or header photo is treated differently; OSC considers that display alone not to be political activity. The safest habit on duty is to stay off social media if your profile carries partisan imagery.
Inside a Federal Building
Section 7324(a)(2) bars political activity in any room or building used for official duties.1Office of the Law Revision Counsel. 5 U.S.C. 7324 – Political Activities on Duty; Prohibition The restriction covers the whole facility: your desk, hallways, cafeterias, break rooms, and parking garages. If the federal government owns or leases the building and someone works there in an official capacity, the rule applies.
Location controls, not your duty status. Even on an unpaid lunch break, you cannot engage in partisan activity while still inside the building. Wearing a campaign button, displaying a partisan bumper sticker on items visible in the workplace, or hanging a campaign poster in your office each violate the rule. Items tied to a current or recent major-party presidential or vice-presidential nominee stay off-limits even after the election is over.
In Uniform, Insignia, or Badge
Section 7324(a)(3) prohibits political activity while wearing a uniform or official insignia that identifies your office or position, and federal regulations extend the restriction to badges.6eCFR. 5 CFR 733.104 – Prohibited Political Activities – Employees Who Reside in Designated Localities This rule applies whether or not you are on duty. Attending a rally in a jacket, hat, or lanyard bearing your agency’s logo triggers a violation because it suggests agency endorsement.
The fix is straightforward. Change out of anything that marks you as a federal employee before you attend a partisan event or post campaign content online.
In a Government Vehicle
Section 7324(a)(4) prohibits political activity while using any vehicle owned or leased by the federal government.1Office of the Law Revision Counsel. 5 U.S.C. 7324 – Political Activities on Duty; Prohibition Like the uniform rule, this one applies whether or not you are on the clock. If you are authorized to use a government car for commuting or travel, you cannot display a partisan bumper sticker, make campaign phone calls from the driver’s seat, or call in to a rally to voice support while in that vehicle. Use a personal vehicle for anything political.
Prohibitions That Apply at All Times
Section 7324 sets situational limits. Section 7323 adds prohibitions that follow you around the clock:
- Using your official authority to influence the result of any election.7Office of the Law Revision Counsel. 5 U.S.C. 7323 – Political Activity Authorized; Prohibitions
- Soliciting political contributions from anyone. A narrow exception allows soliciting contributions to a multicandidate political committee of a federal labor organization from fellow members who are not your subordinates.
- Running as a candidate in a partisan election. Preliminary steps like forming a campaign committee or publicly seeking support are also barred. You must resign before taking any step toward partisan candidacy.
- Encouraging or discouraging political participation by anyone with a pending application, contract, license, or other matter before your agency, or by anyone who is the subject of an ongoing audit or investigation by your office.
Further restricted employees carry an additional blanket ban: no participation in partisan political management or campaigns at all, at any hour, in any place.
What Less Restricted Employees May Still Do
The Hatch Act is often described as a blanket ban on politics, and that description is wrong for the less restricted group. Off duty, out of federal buildings, out of uniform, and out of a government vehicle, you keep a wide range of political freedoms:8eCFR. 5 CFR Part 734 – Political Activities of Federal Employees
- Attend rallies, canvass, endorse candidates, manage campaigns, display yard signs and bumper stickers on personal property, and serve as a delegate to a party convention.
- Make personal financial contributions to parties, candidates, and campaign committees. Federal Election Campaign Act limits apply; the Hatch Act does not add separate caps.
- Run as a candidate in a nonpartisan election, or as an independent candidate in a partisan election for local office in the D.C. area. Serve as an election judge or poll watcher.
- Take positions on ballot measures like referendums, constitutional amendments, and bond issues, which are not identified with a political party.
- Join a political party, serve as a party officer, attend nominating caucuses, and participate in nonpartisan civic organizations.
Further restricted employees keep a narrower set of rights: registering and voting, expressing political opinions privately, making personal contributions, and participating in nonpartisan elections.3U.S. Office of Special Counsel. Federal Employee Hatch Act Information
Penalties
The Office of Special Counsel is the only agency authorized to prosecute Hatch Act violations. When OSC concludes a violation occurred, it files a complaint with the Merit Systems Protection Board, which adjudicates the case with the employee entitled to counsel, a hearing, and a written decision.9Office of the Law Revision Counsel. 5 U.S.C. 1215 – Disciplinary Action
The Board can impose removal from federal service, reduction in grade, debarment from federal employment for up to five years, suspension without pay, a reprimand, or a civil penalty up to $1,000.10Office of the Law Revision Counsel. 5 U.S.C. 7326 – Penalties Penalties can be combined; a single violation can draw both a suspension and a fine. Where the conduct is not serious enough for prosecution, OSC may issue a warning letter instead of filing with the Board.
Ask Before You Act
If you are unsure whether something you want to do would cross the line, request a formal advisory opinion from OSC before doing it. OSC is authorized to issue these opinions to federal, state, and local government employees.11eCFR. 5 CFR 1800.4 – Filing Complaints of Hatch Act Violations and Requesting Advisory Opinions The Hatch Act Unit can be reached at hatchact@osc.gov, at (800) 854-2824, or by mail at U.S. Office of Special Counsel, Hatch Act Unit, 1730 M Street NW, Suite 218, Washington, DC 20036-4505. A written opinion in hand is a far better position than a defense after a complaint has been filed.