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POLITICAL ACTIVITY (THE HATCH ACT)

POLITICAL ACTIVITY (THE HATCH ACT). Wednesday, October 16, 2002 Lecture Room B Union Brown Bag Discussion Series. Political Activity. An activity directed at the success or failure of a: Political Party; Candidate for Partisan Political Office; or Partisan Political Group

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POLITICAL ACTIVITY (THE HATCH ACT)

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  1. POLITICAL ACTIVITY(THE HATCH ACT) Wednesday, October 16, 2002 Lecture Room B Union Brown Bag Discussion Series

  2. Political Activity • An activity directed at the success or failure of a: • Political Party; • Candidate for Partisan Political Office; or • Partisan Political Group 5 U.S.C. § 7324; 5 C.F.R. PART 734.101

  3. The Hatch Act • The Hatch Act restricts the political activity of executive branch employees of the federal government, District of Columbia government and some state and local employees who work in connection with federally funded programs. See 5 U.S.C. §§ 7321 et seq.

  4. 1993 Amendments • The Hatch Act was reformed in 1993 to allow federal employees to participate more fully in the political process, but only on: • their own time; • and away from the worksite. 5 U.S.C. §§ 7321-7326.

  5. 1993 Amendments • As a result, most government employees can now attend and be active at political rallies and meetings, sign nomination petitions, campaign for or against candidates in partisan elections, distribute campaign literature in partisan elections and even hold office in political clubs or parties.

  6. Who Is Covered? • All civilian employees in the executive branch of the federal government,except the President and the Vice President,are covered by the provisions of the Hatch Act. Employees of the U.S. Postal Service and the the District of Columbia are also covered by the Act.

  7. Permitted Activities5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART B • May be candidates for public office in nonpartisan elections. • May register and vote as they choose. • May assist in voter registration drives. • May express opinions about candidates and issues • May contribute money to political organizations • May attend political fundraising functions • May attend and be active at political rallies and meetings • May join and be an active member of a political party or club

  8. Permitted Activities5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART B • May sign nominating petitions • May campaign for or against referendum questions,constitutional amendments,municipal ordinances • May campaign for or against candidates 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 including serving as a delegate to a convention

  9. Prohibited Activities5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C • May not use their official authority or influence to interfere with an election • May not solicit,accept or receive 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 knowingly solicit or discourage the political activity of any person who has business before the agency • May not engage in political activity while on duty

  10. Prohibited Activities5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C • May not engage in political activity in any government office • May not engage in political activity while wearing an official uniform • May not engage in political activity while using a government vehicle • May not be candidates for public office in partisan elections partisan elections • May not wear political buttons on duty

  11. Penalties for Violation • For covered federal employees and District of Columbia government employees,the most severe penalty for violation is removal. The minimum penalty is suspension without pay for 30 days.

  12. Most federal and D.C. employees are now permitted to take an active part in political management and political campaigns on their own time; and away from the worksite. 5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART B Employees may not engage in political activity while: on duty; in a government office; wearing an official uniform; or using a government vehicle 5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART C Summary

  13. For More Information • Contact: AFGE Council 260 (301) 837 0901 www.afgecouncil260.org • Or visit: www.osc.gov

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