Editor’s note: This is the third in a series of pieces that will look at the rules and laws governing federal employees’ political activities as we head into the midterm elections.
With about a month left to go until the midterm elections, campaign activities are in their final stretch and federal employees might be wondering if they can get involved.
Federal employees are subject to the Hatch Act, which restricts their political activity to various degrees, depending on their position. But the law still allows for most to do campaign-related things.
“Any federal employee, less restricted or further restricted [by the Hatch Act], can attend campaign events as long as they're off duty and they're not attending in their official capacity or anything like that,” an attorney in the Hatch Act unit of the Office of Special Counsel, told Government Executive. “All employees can attend. Less restricted employees can actually speak at campaign events. But further restricted employees cannot.”
Most federal employees fall under the “less restricted” category and are afforded more ability to engage in off-the-job partisan political activity than those in the “further restricted” category, which includes federal employees at investigative and enforcement agencies. Federal employees should be aware that some agencies place employees in a further restricted category who otherwise would not be (for example the Justice, State, Homeland Security and Defense departments).
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