Hatch Act
The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law. Its main provision prohibits civil-service employees in the executive branch of the federal government,[2] except the president and vice president,[3] from engaging in some forms of political activity. It became law on August 2, 1939. The law was named for Senator Carl Hatch of New Mexico.[4] It was most recently amended in 2012.
For other uses, see Hatch Act (disambiguation).Background[edit]
Widespread allegations that local Democratic Party politicians used employees of the Works Progress Administration (WPA) during the congressional elections of 1938 provided the immediate impetus for the passage of the Hatch Act. Criticism centered on swing states such as Kentucky,[5] Tennessee, Pennsylvania, and Maryland. In Pennsylvania, Republicans and dissident Democrats publicized evidence that Democratic politicians were consulted on the appointment of WPA administrators and case workers and that they used WPA jobs to gain unfair political advantage.[6] In 1938, a series of newspaper articles exposed WPA patronage, and political contributions in return for employment, prompting an investigation by the Senate Campaign Expenditures Committee, headed by Sen. Morris Sheppard, a Texas Democrat.[7]
Despite that investigation's inconclusive findings, many in both parties determined to take action against the growing power of the WPA and its chief administrator, Harry Hopkins, an intimate of President Franklin Roosevelt. The Act was sponsored by Senator Carl Hatch, a Democrat from New Mexico. At the time, Roosevelt was struggling to purge the Democratic party of its more conservative members, who were increasingly aligned with the administration's Republican opponents. The president considered vetoing the legislation or allowing it to become law without his signature, but instead signed it on the last day he could do so. His signing message welcomed the legislation as if he had called for it, and emphasized the protection his administration would provide for political expression on the part of public employees.[8]
The 1939 Act forbids the intimidation or bribery of voters and restricts political campaign activities by federal employees. It prohibits using any public funds designated for relief or public works for electoral purposes. It forbids officials paid with federal funds from using promises of jobs, promotion, financial assistance, contracts, or any other benefit to coerce campaign contributions or political support. It provides that persons below the policy-making level in the executive branch of the federal government must not only refrain from political practices that would be illegal for any citizen, but must abstain from "any active part" in political campaigns, using this language to specify those who are exempt:[9]
The act also precludes federal employees from membership in "any political organization which advocates the overthrow of our constitutional form of government",[10] a provision meant to prohibit membership in organizations on the far left and far right, such as the Communist Party USA and the German-American Bund.[11]
An amendment on July 19, 1940, extended the Act to certain employees of state and local governments whose positions are primarily paid for by federal funds. It has been interpreted to bar political activity on the part of employees of state agencies administering federal unemployment insurance programs and appointed local law enforcement agency officials with oversight of federal grant funds. The Hatch Act bars state and local government employees from running for public office if any federal funds support the position, even if the position is funded almost entirely with local funds.[12]
The Merit Systems Protection Board and the Office of Special Counsel (OSC) are responsible for enforcement of the Hatch Act.[13]
Amendments[edit]
In 1975, the House passed legislation allowing federal employees to participate in partisan elections and run for office, but the Senate took no action.[16] In 1976, Democrats who controlled Congress had sought to win support by adding protections against the coercion of employees by their superiors and federal employee unions had supported the legislation. It passed the House on a vote of 241 to 164 and the Senate on a vote of 54 to 36. President Ford vetoed the legislation on April 12. He noted that coercion could be too subtle for the law to eliminate and that the Supreme Court had said in 1973 that the Hatch Act had achieved "a delicate balance between fair and effective government and the First Amendment rights of individual employees".[17] President Carter proposed similar legislation in 1977.[18]
A proposed amendment to permit federal workers to participate in political campaigns passed the House on a 305 to 112 vote in 1987.[19] In 1990, a similar bill passed the House on a vote of 334 to 87 and the Senate on a vote of 67 to 30. President George H. W. Bush vetoed the legislation,[20] which the House voted to override 327 to 93 and the Senate sustained on a vote of 65 to 35, with 55 Democrats and 10 Republicans voting to override and 35 Republicans supporting the president's veto.[21]
In 1993 the advocates for removing or modifying restrictions on the political activities of federal employees succeeded in enacting the Hatch Act Reform Amendments of 1993 (107 Stat. 1001) that removed the prohibition on participation in "political management or political campaigns". Federal employees are still forbidden to use their authority to affect the results of an election. They are also forbidden to run for office in a partisan election, to solicit or receive political contributions, and to engage in political activities while on duty or on federal property.[22]
President Barack Obama signed the Hatch Act Modernization Act of 2012 on December 28, 2012. It modified penalties under the Hatch Act to allow for disciplinary actions in addition to removal for federal employees; clarified the applicability to the District of Columbia of provisions that cover state and local governments; limited the prohibition on state and local employees running for elective office to employees whose salary is paid completely by federal loans or grants.[23][24]
Applicability to U.S. uniformed service personnel[edit]
The Hatch Act does not apply to military members of the uniformed services of the United States, although it does apply to Department of Defense civil servants, as well as Department of Homeland Security civil servants in direct support of the United States Coast Guard. Members of the U.S. Armed Forces are subject to Department of Defense Directive 1344.10 (DoDD 1344.10), Political Activities by Members of the Armed Forces, and the spirit and intent of that directive is effectively the same as that of the Hatch Act for Federal civil servants. By agreement between the Secretary of Defense and the Secretary of Homeland Security, DoDD 1344.10 also applies to uniformed personnel of the Coast Guard at all times, whether it is operating as a service in the Department of Homeland Security or as part of the Navy under the Department of Defense. As a directive, DoDD 1344.10 is considered to be in the same category as an order or regulation, and military personnel violating its provisions can be considered in violation of Article 92 (Failure to obey order or regulation) of the Uniform Code of Military Justice.[25][26][27]
Members of the United States Public Health Service Commissioned Corps are subject to specific Health and Human Service regulations found in Title 44, Code of Federal Regulations Part 73 Subpart F.[28] Hatch Act guidelines for NOAA Corps Officers are provided by United States Department of Commerce, Office of the General Counsel, Ethics Law and Program Division.[29] Career members of the Senior Executive Service, administrative law judges, and National Oceanic and Atmospheric Administration Corps officers are all subject to Hatch Act restrictions and have additional limitations on their off-duty political activities.[30]