The Hatch Act, August 2, 1939, was designed to "prevent pernicious political activities," primarily by regulating the relationship between federal agencies and political campaigns. It prohibited using for electoral purposes any public funds designated for relief or public works. It also forbade 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.

In one sense, the Hatch Act grew out of a general tradition of electoral reform. But another significant influence, affecting both its timing and its content, was the widespread allegation that Works Progress Administration (wpa) funds had been misused by staff members and local Democratic politicians during the congressional elections of 1938. Although criticism of wpa workers centered on Kentucky, Tennessee, and Maryland, the political clout of federal dollars nationwide in the midst of the depression was undeniable; even without malfeasance, programs like the wpa attracted votes. Many Republicans, however, were convinced that wpa workers had gone further, intimidating staff members, pressuring clients, and using public funds for political purposes. This concern explains the Hatch Act's most restrictive provision——that persons below the policymaking 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. An amendment (July 19, 1940) extended coverage to state and local employees whose salaries included any federal funds. This amendment also set an annual ceiling of $3 million for political parties' campaign expenditures and $5,000 for individual campaign contributions.

The Hatch Act was appealed to the Supreme Court in 1947 and 1974 and was upheld both times. A proposed amendment to permit federal workers' participation in political campaigns passed the House but not the Senate in 1987; in 1990 a similar bill passed both houses but was vetoed by President George Bush.

Political Do's and Don'ts for Federal Employees:

Political Do's

...May be candidates for public office in nonpartisan elections
...May register and vote as you/they choose
...May assist in voter registration drives
...May express opinions about candidates and issues
...May contribute money to political organizations or attend political fund-raising functions
...May attend and be active at political rallies and meetings
...May join and be an active member of a political club or party
...May sign nominating petitions
...May campaign for or against referendum questions, constitutional amendments, and municipal ordinances
...May campaign for or against candiates in partisan elections
... May make campaign speeches for candidates in partisan elections
...May distribute campaign literature in partisan elections
...May hold office in political clubs or parties

Political Don'ts

...May not use their official authority or influence to interfere with an election
... May not collect political contributions unless both individuals are members of the same federal labor organization or employee organization and the one solicited is not a subordinate employee
... May not knowlingly solicit or discourage the political activity of any person who has business before the agency
... May not engage in policital activity while on duty
... May not engage in political activity in a government office
... May not engage in political activity when wearing an official uniform
... May not engage in political activity while using a government vehicle
... May not solicit political contributions from the general public
... May not wear political buttons on duty
... May not be a candidate for public office partisan elections

The Office of the Special Counsel is responsible for investigating reports and complaints concerning Hatch Act violations. (1-800-854-2824)

Political Activities and Federal Employees

The Hatch Act, was enacted in 1939 and amended in 1993. The Act regulates the political activities of all federal employees in the executive branch of the federal government, with the exception of the president and vice president. The following table indicates what political activities EPA employees can and cannot do based on their appointment.

If you have any questions concerning the Hatch Act or any other ethics matter, you may contact Ken Wernick, Senior Counsel (Ethics), Alternate Agency Ethics Official, by phone at (202) 564-1761, or by E-mail at wernick.kenneth@epa.gov, or Peggy Love, Attorney (Ethics), Deputy Ethics Official, phone, (202) 564-1784, E-mail, love.peggy@epa.gov .