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,[3] except the president and vice president,[4] 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.[5] It was most recently amended in 2012.
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,[6] 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.[7] 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.
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:[10]
(i) an employee paid from an appropriation for the Executive Office of the President; or
(ii) an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in the nationwide administration of Federal laws.
The act also precludes federal employees from membership in "any political organization which advocates the overthrow of our constitutional form of government",[11] 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.[12]
The Merit Systems Protection Board and the Office of Special Counsel (OSC) are responsible for enforcement of the Hatch Act.[14] During the Trump administration, watchdog group CREW claimed the White House or the OSC overlooked apparent Hatch Act violations until groups like CREW or government whistleblowers filed official complaints.
Applicability to U.S. uniformed service personnel
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.
Agencies and employees prohibited from engaging in partisan political activity
Employees of the following agencies (or agency components), or in the following categories, are subject to more extensive restrictions on their political activities than employees in other departments and agencies.
Administrative law judges (positions described at 5 U.S.C. § 5372)
Central Intelligence Agency
Contract Appeals Boards (positions described at 5 U.S.C. § 5372a)
Criminal Division (Department of Justice)
Defense Intelligence Agency
Federal Bureau of Investigation
Federal Election Commission
Merit Systems Protection Board
National Geospatial-Intelligence Agency
National Security Agency
National Security Council
Office of Criminal Investigation (Internal Revenue Service)
Office of Investigative Programs (Customs Service)
Office of Law Enforcement (Bureau of Alcohol, Tobacco, Firearms and Explosives)
United States Office of Special Counsel
Secret Service
Senior Executive Service
Employees identified at 5 U.S.C. § 7323(b)(2)(B)-(3)