Hatch Act
5 U.S.C. § 7321-26
Categories of Employees
- CareerSES
• Highly restricted
- Presidential Appointment, Senate-Confirmed
• Administrator, Deputy Administrator, Chief Financial Officer, Inspector General
• Can engage in some political activities while on duty
- Everyone else--Career and Non-Career General Schedule, non-career SES
• Can engage in many activities, but only off-duty
- Guidance from the U.S. Office of Special Counsel, August 9, 2004 (This memo is the current guidance and supercedes all previous NASA guidance on the subject.)
- Guidance for Candidate Visits to NASA Facilities, October 8, 2004 (This memo is a supplement to the August 9 memo from OSC.)
Career SES Restrictions
- In addition to the other restrictions, career SES may not —
• Campaign for or against candidates
• Make campaign speeches
• Distribute campaign material
• Organize or manage rallies or meetings
• Hold office in partisan political clubs or parties
• Circulate nominating petitions in partisan elections
• Take part in conventions or convention committees
• Register voters on behalf of a party
- Penalties
• OSC prosecutes cases before MSPB
• Presumptive penalty is removal
• MSPB may mitigate to suspension (30-day minimum)
• Employee has burden for mitigation
Presidential appointment, Senate-confirmed
Senate Confirmed Officials
• May engage in political activity while —
• On duty
• In a government room or building
• Wearing a uniform or official insignia
• Using a government vehicle
• If costs associated with political activity are NOT paid for by money derived from the U.S. Treasury
• Campaign must reimburse Government
Everyone else—career and non-career General Schedule, non-career SES
- Permissible Activities for most employees
• Be active at political rallies and meetings
• Be an active member of a political party or club
• Sign nominating petitions
• Campaign for or against referendum questions, constitutional amendments, municipal ordinances
• Campaign for or against candidates in partisan elections
• Make campaign speeches for candidates in partisan elections
• Distribute campaign literature in partisan elections
• Hold office in political clubs or parties
• Attend political fundraising functions
• Be candidates for public office in nonpartisan elections
• Register and vote as they choose
• Assist in voter registration drives
• Express opinions about candidates and issues
• Contribute money to political organizations
- Prohibited Activities for most employees
• Use official authority or influence to interfere with an election
• Solicit or discourage political activity of anyone with business before their agency
• Solicit or receive political contributions
• Be candidates for public office in partisan elections
• Engage in political activity while —
• On duty
• In a government office
• Wearing an official uniform
• Using a government vehicle
• Includes
• Wearing political buttons on duty
• Displaying campaign materials
• Government e-mail
