Transcript Overview of the Hatch Act: Political Activity and the

Overview of the HATCH ACT:
Political Activity
and the
Postal Employee
USPS Law Department
2004
HATCH ACT
The Hatch Act* is a federal law that
restricts the political activity of
federal and postal employees.
Employees are covered by the
Hatch Act restrictions even while
off duty.
*5 USC § § 7321-7326 (also 5 CFR parts 733-734)
PENALTIES FOR VIOLATION
Why do you need to know
about this?
The penalties for violating
the Hatch Act are
serious.
PENALITIES FOR VIOLATION
An employee who is shown
to have violated the Hatch
Act may, by order of the
Merit Systems Protection
Board, be removed from
his/her postal position, or
suspended for a minimum
of 30 days.
POLITICAL ACTIVITIES: “DOs”
Postal employees may:
 Be
candidates for public office in
non-partisan elections
 Take an active role in managing the
political campaign of a partisan
candidate (but certain fundraising
and solicitation prohibitions apply)
 Attend political fundraising
functions (in employee’s personal
capacity)
POLITICAL ACTIVITIES: “DOs”
Postal employees may also:
 Attend
political fundraising
functions (in personal capacity)
 Contribute personal funds to
political organizations and
campaigns
 Assist in voter registration drives
 Sign nominating petitions
 Hold office in political clubs or
parties
POLITICAL ACTIVITIES: “DON’Ts”
Postal employees may not:
Be candidates for public office in
partisan elections
 Engage in political activity while on
duty, or in any government office, or
while wearing an official uniform, or
while using a government vehicle
 Wear political buttons on duty
 Display political bumper stickers on
official vehicles or while using a POV
as an official postal vehicle

POLITICAL ACTIVITIES: “DON’Ts”
Postal employees also may not:
 Personally
solicit political
contributions from any person, make
speeches to solicit such
contributions, or host fundraising
events
 Collect or receive political
contributions, unless both collector
and donor are members of the same
federal labor organization, and the
one solicited is not a subordinate
HATCH ACT Q&A
Question: At what point am I considered
to be a “candidate” for public office?
Answer: Earlier than you might think…
When you begin to fundraise
 When you make an announcement to the
media
 When you begin to collect signatures for a
nominating petition
 When you file nominating petitions
 When you assemble a campaign committee

HATCH ACT Q&A
Question: May I make a contribution
to the campaign of a partisan
candidate, or to a political party or
organization?
Answer: Yes. You may contribute
personal funds to the campaign of
a partisan candidate, or to a
political party or organization.
HATCH ACT Q&A
Question: I have a “Bush 2004” bumper
sticker on my personal vehicle. Can I
park it in a postal lot or garage, or in a
private lot/garage where the USPS
subsidizes my parking fees?
Answer: Yes. You may park your privately
owned vehicle with its partisan bumper
sticker in a postal or private lot or
garage. However, if you use your
vehicle to perform official postal duties,
avoid affixing partisan stickers to it.
HATCH ACT Q&A
Question: May I help organize a
political fundraiser?
Answer: You may organize a political
fundraiser in your personal capacity,
including supplying names for the
invitation list, as long as you do not
personally solicit, accept, or receive
contributions.
HATCH ACT Q&A
Question: Can my name appear on
invitations to a political fundraiser
as a sponsor or point of contact?
Answer: No. Your name may not be
shown as a sponsor or point of
contact on an invitation to such a
fundraiser, or on any materials
publicizing or promoting the
fundraiser.
HATCH ACT Q&A
Question: May I speak at a political
fundraiser?
Answer: Yes, in your personal
capacity. You may give a speech or
keynote address at a political
fundraiser, as long as you are not
on duty, not in uniform, and you do
not solicit or encourage political
contributions.
HATCH ACT Q&A
Question: If I agree to be a speaker at a
political fundraiser, what information
about me can be printed on the
invitations?
Answer: You may be listed as a guest
speaker. However, the reference
should not in any way suggest that
you are soliciting or encouraging
contributions, and may not include
your official title or the fact that you
work for the Postal Service.
HATCH ACT Q&A
Question: May I attend a state or
national party convention? If so,
in what capacity?
Answer: Yes. You may serve as a
delegate, alternate, or proxy to a
state or national party
convention. Because you may
not be a candidate in a partisan
race, be it local, state, or national,
you may not attend a convention
in this capacity.
HATCH ACT Q&A
Question: If I run as a candidate for
public office in a nonpartisan election,
does the Hatch Act allow me to ask for
and accept political contributions?
Answer: As a candidate for public office
in a nonpartisan election, you will not
be barred by the Hatch Act from
soliciting, accepting, or receiving
political contributions for your own
campaign.
HATCH ACT Q&A
Question: May I distribute brochures
for a political party to people
arriving at a polling place on
Election Day?
Answer: Yes. You may, on your own
time and out of uniform, stand
outside a polling place on Election
Day and hand out brochures on
behalf of a partisan political
candidate or political party.
HATCH ACT Q&A
Question: I am a Temporary Rural Carrier
for the Postal Service. May I run for
public office in a partisan election?
Answer: No. The Civil Service
Commission has long held that
“[t]emporary, part-time, and emergency
employees are subject to [the Hatch
Act].” While you are a postal employee,
you may run for office only in a
nonpartisan election.
ENFORCEMENT OF THE HATCH ACT
The Office of Special Counsel
(OSC), an independent federal
agency, is responsible for
enforcement of the Hatch Act.
Allegations of Hatch Act
violations by postal employees
that come to the Law
Department’s attention are
typically forwarded to OSC.
HATCH ACT INFORMATION & RESOURCES
The OSC website is a good source
of information about Hatch Act
restrictions:
www.osc.gov/hatchact.htm
Find more information on the
“General Counsel” portion of the
postal intranet site by following
the “Ethics” links:
http://blue.usps.gov/uspslaw/
HATCH ACT INFORMATION & POSTAL RESOURCES
Advice regarding political activities
may be sought from:
Your Area Law Office
or
HQ ethics advisors
(202) 268-6346 (Ethics Helpline) or
email: “Ethics Help” (internal) and
[email protected] (external).