Q: I’m a federal employee running in a non-partisan local election. I have not sought the endorsement or support of any political party. However, a local political party has endorsed me and put my name on their mailer. None of my campaign materials, online activities, or fundraisers has mentioned this unsolicited endorsement. Is this a violation of the Hatch Act?
A: The Hatch Act, 5 U.S.C. §§ 7321-7326, prohibits employees of the executive branch of the Federal government from participating in some forms of political activity. The U.S. Office of Special Counsel (“OSC”) is the Federal agency responsible for investigating and administratively prosecuting alleged violations of the Hatch Act. OSC provides guidance regarding both prohibited and permitted political activities on its website: OSC. While it is difficult to say definitively whether you violated the Hatch Act based on the limited information in your email, I note that the Hatch Act permits executive branch employees to be candidates for public office in nonpartisan elections and to be active members of political parties. Thus, from what you have described, it does not appear you violated the Hatch Act.
This response was written by Christopher J. Keeven, associate attorney at Shaw Bransford & Roth P.C., a federal employment law firm.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
venue is all age friendly.a0 Even my son, a Colton fan, (having first seen him at Down the Hatch), took his date and a few other young ledias to catch the show.a0 All enjoyed it a great deal and