The Hatch Act was enacted in 1939 to prevent federal employees from engaging in political activities while they are on the job. It was also designed to ensure that federal employees are not subject to political pressure in the performance of their duties. While many federal employees have been cited for breaking the law over the years, senior politicians have seldom suffered repercussions.
The act was originally passed in reaction to a scandal under the administration of Franklin D. Roosevelt. Sponsored by and named after New Mexico Senator Carl A. Hatch, a Democrat known as “Cowboy Carl,” the bill defines political activity as “any activity aimed at the success or failure of a party. political, a candidate for a partisan political office or partisan political group. Violations of the Hatch Act carry heavy penalties, which can result in disciplinary action or dismissal from federal employment. “
Jobs promised by FDR Ally, campaign promotions
President Franklin D. Roosevelt and Harry Hopkins, head of the Works Progress Administration, at work in the White House study.
Corbis / Getty Images
Donald Sherman, deputy director of the non-partisan and nonprofit Citizens for Responsibility and Ethics in Washington, and former senior counsel for the Senate Homeland Security and Government Affairs Committee, said the Hatch Act was created as a result of concern that FDR had pressured federal employees of Works Progress Administration, a relief agency, to work on campaigns from candidates who were its allies or supporters.
According to Time Harry Hopkins magazine, director of the WPA and friend of Roosevelt, “had promised jobs and promotions within the WPA in exchange for votes in the U.S. Senate election in Kentucky. During the Great Depression, such promises would have had a great weight. ”
The federal government, Sherman says, is supposed to not only represent, but also serve all Americans, regardless of party affiliation.
The other function of the Hatch Act is to prevent, says a veteran who calls the local VA for services, or someone who calls the CDC for information on COVID-19, from being asked the question : ‘Well, are you a Republican or a Democrat? Do you support or will you support this president? He said.
President and Vice President exempt from parts of the Hatch Act
According to the United States Office of Special Counsel (OSC), which oversees violation complaints except for the president and vice president, the Hatch Act covers all employees of the federal civilian executive branch, including those of the US Postal Service. These employees may not use their official authority or influence to interfere with or affect the results of the elections, solicit, accept or receive donations or contributions for a political party, candidate or partisan group, run for political office partisan, engage in political activity while on duty, on federal property, while wearing an official uniform or badge, or using any federally owned or rented vehicle.
Formally referred to as the “Preventing Pernicious Political Activity Act,” Hatch also states that while on the job, federal employees cannot distribute or display campaign material, perform campaign-related tasks, wear or display. partisan buttons, t-shirts or placards, making political contributions to a political party, candidate or partisan group, posting comments on a blog or social media site, or using email or social media to distribute, send or transmit content advocating for or against a political party, candidate or partisan group.
The President and Vice President are exempt from the civil provisions of the Hatch Act because these positions are both incumbents and candidates.
“You can’t really take both hats off when you’re running government around the clock,” says Sherman. “You cannot become president without resigning your post. So there is an exception for them for the civil provisions of the Hatch Act, which basically means they can still campaign while they are at work, unlike others.
However, the president and vice president are not exempt from the criminal provisions of the Hatch Act, which prohibits intimidation, threats, orders or coercion of federal government employees to engage or fail to engage. engage in any political activity, such as voting, making political contributions, or working on behalf of any candidate. “Anyone who violates this section will be fined under this heading or imprisonment for up to three years, or both,” the code says.
Hatch changes and violations
Chief of Special Adviser Henry Kerner testifies as the empty chair for White House Adviser Kellyanne Conway is seen during a hearing before the House Oversight and Reform Committee on Capitol Hill on June 26, 2019 The committee voted Conway’s subpoena after she failed to appear at a hearing devoted to potential Hatch law violations.
Alex Wong / Getty Images
Since its promulgation, the Hatch Act has been amended a few times. A 1940 amendment extended the law to cover some state and local government employees with salaries mostly paid with federal money. In 1993, under President Bill Clinton, the law was amended to allow most federal employees to engage in voluntary and partisan political activities in their spare time away from federal premises.
And the Hatch Law Modernization Act, 2012, passed under President Barack Obama’s administration, changed the status of District of Columbia employees and made enforcement changes, allowing for more disciplinary action.
If the OSC determines that disciplinary action is warranted, it will file a complaint and a statement of the facts to the employee and to the Merit Systems Protection Board. According to the Congressional Research Service, the current penalties in the Hatch Act include job termination, reduction in rank, exclusion from federal employment for up to five years, suspension, reprimand or a civil fine. , according to the Congressional Research Service, which adds that employees have the right to representation and a hearing.
However, much of the gray area surrounds the effective enforcement of the Hatch Law. Typically, the independent OSC reports violations and then the Merit Systems Protection Board or even the president distributes the discipline. While public servants can lose their jobs if found in violation of the Hatch Act, penalties are rare for those appointed for political purposes.
Recent high-profile violations of the Hatch Act include Health and Human Services Secretary Kathleen Sebelius in 2012 for giving a political speech at an official government event. In 2016, Housing and Urban Development Secretary Julián Castro was found in breach in a media interview for touting presidential candidate Hillary Clinton as she appeared with the official HUD seal.
Under the Trump administration, the OSC found at least 13 violations. Among them, six Trump officials were convicted of posting partisan tweets on their Twitter accounts in 2018, and violations by White House adviser Kellyanne Conway.
In all of these cases, no action has been taken by the Obama or Trump administrations.
