The general public is aware that the Hatch Act prohibits government workers from participating in certain political activities, thanks in part to the last two presidential administrations. Using a social media account in their official capacity to engage in political activity, sending partisan political emails while on duty or at work, and using their official position to influence or interfere with impending elections are just a few examples.
The Hatch Act extends to state and local government workers, including those in the District of Columbia, in addition to federal personnel. The Office of Special Counsel, in particular, has authority over any alleged infractions committed by state and local government personnel.
The Hatch Act, 5 U.S.C. § 1216(a)(1)(2), authorizes the Office of Special Counsel to investigate infractions. The charge is brought to the Merit Systems Protection Board for adjudication when the Office of Special Counsel accuses an employee of breaking the Hatch Act, 5 U.S.C. § 1215, 1504-1508, and 7321-7326. This is true of any Hatch Act infraction, even those allegedly committed by a state, D.C., or municipal employee. Hatch Act offenses are subject to the exclusive jurisdiction of the Office of Special Counsel and the Merit Systems Protection Board, and charges must be filed with both of these bodies in accordance with 5 U.S. Code § 1504.
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