The Hatch Act of 1939, formally titled "An Act to Prevent Pernicious Political Activities," is a U.S. federal law that restricts the political activities of executive branch employees of the federal government, as well as some state and local employees funded by federal money. It was sponsored by Senator Carl Hatch of New Mexico and signed by President Franklin D. Roosevelt amid concerns that Works Progress Administration officials were being pressured to support Democratic candidates.
The Act's core purpose is to ensure that federal programs are administered nonpartisanly, that federal employees are not coerced into political activity, and that they are advanced on merit rather than political affiliation. Covered employees generally may vote, contribute to campaigns, and express personal political opinions, but may not:
- Use their official authority or influence to affect an election
- Solicit or receive political contributions from the public
- Run for office in partisan elections
- Engage in political activity while on duty, in a federal workplace, or while wearing an official uniform
The law distinguishes between "further restricted" employees (such as career members of the Senior Executive Service, FBI, and CIA) who face tighter limits, and "less restricted" employees who may take a more active role in partisan politics off-duty.
Enforcement is handled by the U.S. Office of Special Counsel (OSC), which investigates complaints and may refer cases to the Merit Systems Protection Board. Penalties range from reprimand to removal from federal service and debarment.
The Act was significantly amended by the Hatch Act Reform Amendments of 1993, which loosened restrictions on most federal employees, allowing greater off-duty partisan activity. It has been challenged on First Amendment grounds; the Supreme Court upheld its constitutionality in United Public Workers v. Mitchell (1947) and again in U.S. Civil Service Commission v. National Association of Letter Carriers (1973).
The Hatch Act does not apply to the President or Vice President, a frequent source of public confusion during election cycles.
Example
In 2021, the U.S. Office of Special Counsel found that 13 senior Trump administration officials had violated the Hatch Act during the 2020 election cycle.