Hatch Act Exceptions: Who Is Exempt, Rules, and Penalties

Hatch Act exceptions fall into a few distinct categories: the President and Vice President are fully exempt from the law’s restrictions on political activity, a group of senior White House and Senate-confirmed officials may engage in political activity on duty under narrow conditions, most federal employees may take an active part in politics off duty with specific limits, and separate carve-outs let employees run in nonpartisan elections and in certain designated communities near Washington, D.C.¹² Which exception applies to you depends entirely on your position, your agency, and where the activity happens.

Who Is Fully Exempt

The statute defines “employee” to exclude the President and Vice President, so neither is subject to any Hatch Act restriction on political activity.¹ The exemption stops there. It does not sweep in cabinet members, White House staff, or any other appointee, even though people often assume it does.

Senior Officials Who May Engage in Political Activity on Duty

A separate provision loosens the on-duty rules for two groups whose jobs blend policy and politics: employees paid from Executive Office of the President appropriations, and Senate-confirmed appointees who shape foreign policy or oversee nationwide federal programs.³ These officials may engage in political activity during work hours, but only if no Treasury funds pay for it.

Every other Hatch Act prohibition still binds them. They cannot use official authority to influence an election, they cannot solicit political contributions from subordinates, and they cannot run for partisan office.² The exception here is narrow and applies to the timing of activity, not its substance.

What Less Restricted Federal Employees Can Do Off Duty

Most federal workers are “less restricted” employees, and the statute’s default position for this group is actually permissive. Employees may take an active part in political management and political campaigns, subject to a short list of things they cannot do.²

Off duty and away from the workplace, these employees can:

Register, vote, and express personal opinions about candidates and issues in conversation, on social media, or at events.
Donate money to parties, candidates, and partisan groups.
Attend rallies, conventions, and fundraisers.
Volunteer for campaigns, distribute literature, and manage political activity for a candidate or party.
Display a bumper sticker on a personal vehicle or a yard sign at home.

The right to vote and to share personal views on political subjects and candidates is protected regardless of duty status.²

The main things less restricted employees still cannot do are run for partisan political office, use official authority to influence an election, or solicit political contributions from the general public. One narrow fundraising exception exists: employees may solicit contributions from members of the same federal labor organization for that organization’s multicandidate political committee, and never from a subordinate.²

The Line at the Office Door

Even less restricted employees face a hard limit the moment they are on duty or inside a government building. No federal employee may engage in political activity while on duty, inside any room or building used for government work (even during a lunch break), while wearing a uniform or official insignia, or while using a government vehicle.³ “On duty” means you are in a pay status other than paid leave, or representing your agency in an official capacity, including while teleworking. Partisan buttons, signs, stickers, and badges are banned at the workplace and while on duty.⁴

Social media catches more federal employees than almost anything else. Posting, liking, sharing, retweeting, or following a partisan candidate or group’s page all count as political activity, and all are prohibited while on duty or in the workplace, whether you use a personal phone or a government computer. If your profile picture shows a campaign logo or candidate photo, any post you make while on duty can be a violation, because the picture accompanies every action. Sending or forwarding partisan political emails while on duty is also prohibited regardless of the account used. Receiving a partisan email at work is not a violation, and forwarding one from your government account to your personal account to deal with later is permitted.⁵

Further Restricted Employees and What They Keep

Employees at agencies handling law enforcement, intelligence, elections, or adjudication face tighter rules. These “further restricted” employees cannot take an active part in political management or campaigns at all, even off duty.² The category covers the Federal Election Commission and Election Assistance Commission; the CIA, NSA, Defense Intelligence Agency, National Geospatial-Intelligence Agency, Office of the Director of National Intelligence, and National Security Council; the FBI, Secret Service, DOJ Criminal Division and National Security Division, IRS Criminal Investigation, and the law enforcement offices of the former Customs Service and ATF; and adjudicatory bodies including the Merit Systems Protection Board, Office of Special Counsel, career Senior Executive Service, Administrative Law Judges, Contract Appeals Board members, and Administrative Appeals Judges. Senate-confirmed presidential appointees within these agencies are excluded from the further restricted category.⁴

Even here, the law preserves a core of civic activity. Further restricted employees may vote, join a political party, contribute money to candidates and parties, express personal opinions on candidates and issues (as long as they are not acting in coordination with a campaign or party), attend political events as passive spectators, display a bumper sticker on a personal vehicle, place a political sign at home, and participate in nonpartisan community groups.⁶

What they cannot do is the campaigning itself: managing a campaign, canvassing voters, endorsing candidates in coordination with a party, circulating nominating petitions, serving as a party officer, addressing partisan rallies, organizing fundraisers, or running for partisan office.⁴ Telling a neighbor which candidate you prefer is fine. Knocking on doors for that candidate is not.

Running for Nonpartisan Office

The Hatch Act only bars federal employees from running for “partisan political office.”² Nonpartisan races are open to federal employees, including seats like school board, water district, or town council where no candidate appears on the ballot as a party nominee.

Employees running in a nonpartisan race may also solicit, accept, and receive political contributions for their own campaigns, which is otherwise generally prohibited.⁴ The fundraising must still comply with government ethics rules, and the employee cannot solicit while on duty or using government resources. If even one candidate in the race represents a political party, the election loses its nonpartisan character for Hatch Act purposes, so verify the classification with your agency ethics office or the Office of Special Counsel before filing.

Designated Localities in Maryland and Virginia

Federal employees may also run in partisan local elections in specific communities near Washington, D.C. The Office of Personnel Management has designated dozens of municipalities and counties in Maryland and Virginia where so many residents work for the federal government that barring them from local partisan races would effectively shut most of the community out of local politics.⁷

In Maryland, the list includes Montgomery County, Prince George’s County, Anne Arundel County, Howard County, Calvert County, Frederick County, and St. Mary’s County, along with numerous cities and towns. In Virginia, it covers Arlington County, Fairfax County, Loudoun County, Prince William County, Stafford County, Spotsylvania County, and King George County, plus Alexandria, Falls Church, Manassas, Vienna, Herndon, and others.⁷ OPM can also designate any municipality where the majority of voters are federal employees. Check the current list before filing, since localities have been added over the decades.

State and Local Employees Paid With Federal Funds

The Hatch Act reaches beyond federal workers. State, D.C., and local government employees whose work connects to federally funded programs face restrictions under a separate part of the statute.⁸ These rules are narrower than those for federal employees. They focus on using official authority to influence elections, coercing subordinates into making political contributions, and running for partisan office when your salary is entirely paid with federal funds.⁹

The Hatch Act Modernization Act of 2012 changed the picture for this group. Before the amendment, any state or local employee working in connection with a federally funded program was barred from running for partisan office. Now, only employees whose salaries are paid entirely by federal loans or grants face that prohibition.⁹ A county health director paid 60% from federal grants and 40% from state funds, for example, is free to run.

Coverage turns on whether you are “principally employed” by a state or local agency and work in connection with a federally funded program. When someone holds two or more jobs, OSC treats the position that accounts for the most work time and earned income as the principal employment.⁹ If your principal job is with a state agency that receives federal grants, the restrictions apply even though you did not choose to work with federal money.

What Happens if You Cross the Line

The U.S. Office of Special Counsel investigates Hatch Act complaints against federal employees. For less serious violations, OSC may issue a warning letter and close the case. For more serious conduct, it can bring formal charges before the Merit Systems Protection Board.¹⁰ The Board may impose removal from federal service, reduction in grade, debarment from federal employment for up to five years, suspension, reprimand, a civil penalty with a statutory base of $1,000 subject to annual inflation adjustments, or any combination of these.¹¹

For state and local employees, the consequences look different. If the Merit Systems Protection Board finds a violation and determines it warrants removal, the employing agency must either terminate the employee or forfeit federal assistance equal to two years of that employee’s salary.⁹

Removal and debarment are usually reserved for willful or repeated violations, and first-time offenders who acted out of ignorance are more likely to receive a warning or reprimand. That outcome is not guaranteed. If you are unsure whether a specific activity falls within an exception, ask your agency ethics office or request an advisory opinion from OSC before you act.

1
Office of the Law Revision Counsel. 5 USC 7322 – Definitions
2
Office of the Law Revision Counsel. 5 USC 7323 – Political Activity Authorized; Prohibitions
3
Office of the Law Revision Counsel. 5 USC 7324 – Political Activities on Duty; Prohibition
4
eCFR. 5 CFR Part 734 – Political Activities of Federal Employees
5
U.S. Office of Special Counsel. The Hatch Act: Frequently Asked Questions on Federal Employees and the Use of Social Media and Email
6
Department of Homeland Security. The Hatch Act and Political Activities – Further Restricted Employees
7
eCFR. 5 CFR 733.107 – Designated Localities
8
Office of the Law Revision Counsel. 5 USC 1502 – Influencing Elections; Taking Part in Political Campaigns; Prohibitions; Exceptions
9
U.S. Office of Special Counsel. State, D.C., or Local Employee Hatch Act Information
10
U.S. Office of Special Counsel. How to File a Hatch Act Complaint
11
Office of the Law Revision Counsel. 5 USC 7326 – Penalties