Hatch Act of 1939: 8 Things You Must Know

What is the Hatch Act of 1939?

The Hatch Act of 1939, formally known as the Hatch Political Activities Act of 1939, is a United States federal law that limits the political activities of certain federal employees. The law was enacted in response to concerns about the use of federal resources for partisan political purposes.

Key Provisions of the Hatch Act of 1939

The Hatch Act of 1939 contains several key provisions that restrict the political activities of federal employees. These provisions include:

• A prohibition on federal employees taking an active part in political management or campaigns

  

• A prohibition on federal employees soliciting or receiving political contributions from other federal employees

• A prohibition on federal employees using their official authority or influence to affect the outcome of an election

Who is Covered by the Hatch Act of 1939?

The Hatch Act of 1939 covers most federal employees, including:

• Executive branch employees

• Legislative branch employees

  

• Judicial branch employees

  

• Postal Service employees

• Employees of the District of Columbia government

Exemptions to the Hatch Act of 1939

There are a few exceptions to the Hatch Act of 1939. These exceptions include:

• Employees who are not required to file a financial disclosure report

• Employees who are running for office in a nonpartisan election

• Employees who are engaged in political activity as part of their official duties

Penalties for Violating the Hatch Act of 1939

Violations of the Hatch Act of 1939 can result in a variety of penalties, including:

• Reprimand

• Suspension

• Removal from office

• Criminal prosecution

The Hatch Act of 1939 and Social Media

The Hatch Act of 1939 applies to political activity on social media. Federal employees should be careful not to engage in political activity on social media that could violate the Hatch Act. This includes:

• Posting partisan political messages

• Liking or sharing partisan political posts

• Commenting on partisan political posts in a way that could be construed as an endorsement

The Hatch Act of 1939 and Political Campaigns

The Hatch Act of 1939 restricts the political activities of federal employees during political campaigns. Federal employees should be careful not to engage in political activity that could violate the Hatch Act during a political campaign. This includes:

• Participating in campaign rallies

• Volunteering for a candidate or political party

• Making political contributions

The Hatch Act of 1939 and the First Amendment

The Hatch Act of 1939 has been challenged on First Amendment grounds. However, the Supreme Court has upheld the constitutionality of the Hatch Act. The Court has ruled that the Hatch Act is a reasonable restriction on the political activities of federal employees that is necessary to protect the integrity of the federal government.

Conclusion

The Hatch Act of 1939 is a complex law that restricts the political activities of federal employees. Federal employees should be familiar with the provisions of the Hatch Act and should take steps to avoid violating the law.

Additional Resources

• The Hatch Act of 1939
• Hatch Act Training
• Political Activities by Federal Employees