5/8/ THE HATCH ACT - Hot Topics for the 2012 Presidential Election Season

5/8/ FEDERAL HATCH ACT TWO CATEGORIES OF EMPLOYEES: Further Restricted Employees of Intelligence and Enforcement Type Agencies (except PAS) Employees in certain positions (career SES, Admin. Law Judges, Admin. Appeals Judges, Members of Contracts Appeals Boards) Less Restricted ALL OTHERS GS WG PAS Schedule C Noncareer SES

5/8/ ALL EMPLOYEES: MAY NOT ENGAGE IN POLITICAL ACTIVITY WHILE — ON DUTY IN A GOVERNMENT OFFICE WEARING AN OFFICIAL UNIFORM USING A GOVERNMENT VEHICLE (exception: some PAS/EOP employees) FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART C

5/8/ FEDERAL HATCH ACT 5 U.S.C. § 7324; 5 C.F.R. PART POLITICAL ACTIVITY MEANS: AN ACTIVITY DIRECTED TOWARD THE SUCCESS OR FAILURE OF A — lPOLITICAL PARTY lCANDIDATE FOR PARTISAN POLITICAL OFFICE, OR lPARTISAN POLITICAL GROUP

5 FEDERAL HATCH ACT 5 U.S.C. § 7324; 5 C.F.R. PART Not Prohibited Political Activity (Examples): 1. Displaying items, ing, posting, or blogging about: NRA Affordable Care Act right-to-life/pro-choice support or opposition to the war Buffet tax pay freeze/increase to retirement contributions 2. Supporting or opposing ballot initiatives or pending legislation

6 FEDERAL HATCH ACT 5 U.S.C. § 7324; 5 C.F.R. PART Prohibited Political Activity (Issues): Buttons, posters and T-shirts Social media Posts Tweets On-line donations s, Blogs Screen savers Candidate photographs Telecommuting (An employee’s personal vehicle may have a political bumper sticker.)

7 FEDERAL HATCH ACT 5 U.S.C. § 7324; 5 C.F.R. PART Political Activity?

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5/8/ FEDERAL HATCH ACT 5 U.S.C. § 7323; 5 C.F.R. PART 734 PARTISAN POLITICAL GROUPS? Americans Elect Tea Party Occupy Wall Street Super PACs Endorse Liberty Majority PAC Restore our Future Priorities USA Action Winning our Future Moveon.org

12 ALL EMPLOYEES: MAY NOT KNOWINGLY SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS Websites (links to) Social media/blogs Fundraising events (including phone banks) Campaign treasurer Other issues A LESS RESTRICTED EMPLOYEE MAY HOST A MEET AND GREET OR SPEAK AT A FUNDRAISER FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C

13 ALL EMPLOYEES: MAY NOT USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH OR AFFECT AN ELECTION Official title or position Social media (Facebook, Twitter, website) Personal Official Agency Subordinates Other issues FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C

14 ALL EMPLOYEES: MAY NOT KNOWINGLY SOLICIT OR DISCOURAGE THE POLITICAL ACTIVITY OF ANYONE WITH BUSINESS BEFORE THE EMPLOYING OFFICE Actual pending business (permits, licenses, grants, contracts, enforcement actions, investigations, and audits) FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C

5/8/ FEDERAL HATCH ACT DON’Ts: FURTHER RESTRICTED EMPLOYEES 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D FURTHER RESTRICTED EMPLOYEES : MAY NOT ENGAGE IN PARTISAN POLITICAL CAMPAIGNING AND POLITICAL MANAGEMENT- ●Volunteer for a partisan political campaign ●Make campaign speeches ●Distribute campaign literature ●Organize a political rally, meeting or fundraiser ●Hold political party office or be a party delegate ●Participate in partisan voter registration drives ●Circulate nominating petitions ●KEY: NO ACTIVITY IN CONCERT WITH A POLITICAL PARTY OR CANDIDATE

16 Unique Issues when Advising Presidential Appointees with Senate Confirmation (PAS)* PAS use of subordinates Travel Speaking engagements *PAS satisfying all the criteria in 5 U.S.C. 7324(b)(2), who may engage in political activity while on duty, provided the costs associated with that political activity are not paid with U.S. Treasury funds FEDERAL HATCH ACT: PAS 5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E

17 OFFICIAL EVENTS v. POLITICAL EVENTS FACTS TO CONSIDER: the type of event and the reason for holding it whether candidates (including incumbents seeking reelection) will be present at the event and what their role will be the relationship, if any, between the event and official agency business whether a candidate’s request is one reason for the agency political appointee to attend the event whether the event was scheduled prior to a candidate’s involvement or after the agency political appointee’s motivation for attending the event FEDERAL HATCH ACT: EOP / PAS 5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E

18 OFFICIAL EVENTS v. POLITICAL EVENTS FACTS TO CONSIDER (cont.): the frequency of similar types of events during non-election years and whether agency political appointees participated in such events in those years the proximity of the event to the date of the election who invited the agency political appointee to attend (e.g., congressional office, campaign staff, OPA, other agency officials, political party) the parties responsible for planning and organizing the event whether the event is open or closed to media remarks made during the event by any person other event invitees and the audience, i.e., whether party operatives or donors will be present FEDERAL HATCH ACT: EOP / PAS 5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E

19 ALL EMPLOYEES: MAY NOT BE CANDIDATES FOR PUBLIC OFFICE IN A PARTISAN ELECTION Nonpartisan Election Tribal Elections Designated Localities FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C

5/8/ HATCH ACT MODERNIZATION ACT OF 2012 H.R. 4152, S (introduced; referred to committee) Sec Penalties: An employee or individual who violates section 7323 or 7324 shall be subject to removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000. FEDERAL HATCH ACT 5 U.S.C. §§

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