Hatch Act Reminder: As political season heats up, know the rules

Published Jan. 15, 2008
By Major Matthew D. van Dalen
OC-ALC/JA

TINKER AIR FORCE BASE -- A federal employee who forwards a humorous political e-mail from work criticizing a political candidate or cause may seem like a harmless morale booster. However, the law views this activity quite differently.
   Sending such an email could violate the Hatch Act, a law that restricts the political activities of federal, state and local government employees. A person who sends such an email may find themselves in disciplinary trouble, whether it be military or civilian.
   The hypothetical scenario outlined above is not an isolated one. This year, there is expected to be a record number of Hatch Act violations due to the rising stakes and heated opinions regarding the 2008 presidential election. When a federal employee sends an e-mail that advocates the support or opposition of a partisan candidate running for office and does so from a government computer, in a government building or while on duty in a federal job, he or she violates the law.
   Federal employees are most likely to get in trouble when fund raising, supporting or opposing a candidate running for office, and running for office themselves. For instance, when it comes to campaigning for a candidate, the rules are pretty straightforward for civilian employees: They can make speeches supporting a candidate, distribute leaflets, and be active members of political parties as long as none of those things is done in government buildings, using government equipment or on government time.
   While not regulated by the Hatch Act, military members in uniform are under the most restrictions, imposed by Department of Defense Directive 1344.10. They may attend political meetings or rallies, but only as spectators and not in uniform. They are not allowed to give political speeches, serve in any official capacity in partisan groups or participate in political campaigns or conventions. They are also not generally allowed to campaign for political office.
   In sum, the Hatch Act and DOD Directive 1344.10 prohibit federal executive- branch employees and military members from engaging in political activity while on duty or wearing an official uniform, officials said.
   For questions or concerns about whether a particular activity may impact the Hatch Act or another prohibition, call the Tinker Legal Office at 739-5811.