The
Hatch Act of 1939 is a
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
whose main provision is to prohibit federal employees (civil servants) from engaging in partisan political activity. Named after
SenatorThe United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators,...
Carl HatchCarl Atwood Hatch was a Democratic Party politician from New Mexico who represented the Land of Enchantment in the United States Senate from 1933 until 1949....
of New Mexico, the law was officially known as
An Act to Prevent Pernicious Political Activities.
The act precluded federal employees from membership in "any political organization which advocates the overthrow of our constitutional form of government." During the Second Red Scare, this designation was interpreted to include communist and labor organizations.
The Hatch Act grew into a general tradition of electoral
reformA reform movement is a kind of social movement that aims to make gradual change, or change in certain aspects of society rather than rapid or fundamental changes. A reform movement is distinguished from more radical social movements such as revolutionary movements.Reformists' ideas are often...
.
The
Hatch Act of 1939 is a
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
whose main provision is to prohibit federal employees (civil servants) from engaging in partisan political activity. Named after
SenatorThe United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators,...
Carl HatchCarl Atwood Hatch was a Democratic Party politician from New Mexico who represented the Land of Enchantment in the United States Senate from 1933 until 1949....
of New Mexico, the law was officially known as
An Act to Prevent Pernicious Political Activities.
The act precluded federal employees from membership in "any political organization which advocates the overthrow of our constitutional form of government." During the Second Red Scare, this designation was interpreted to include communist and labor organizations.
Background
The Hatch Act grew into a general tradition of electoral
reformA reform movement is a kind of social movement that aims to make gradual change, or change in certain aspects of society rather than rapid or fundamental changes. A reform movement is distinguished from more radical social movements such as revolutionary movements.Reformists' ideas are often...
. In essence, it finally did away with the last vestiges of
patronagePatronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows to another. In the history of art, arts patronage refers to the support that kings or popes have provided to musicians, painters, and sculptors...
, and one could say it was the end of the civil service reforms started in the 1880s. But the most significant impetus, affecting both its timing and its content, was the widespread allegation that
Works Progress AdministrationThe Works Progress Administration was the largest "New Deal" agency, employing millions of people and affecting almost every locality in the United States, especially rural and western mountain populations...
(WPA) funds had been misused by staff members and local
Democratic PartyThe Democratic Party is one of the two major contemporary political parties in the United States, along with the Republican Party. It is the oldest political party in continuous operation in the United States and it is one of the oldest parties in the world. In the U.S...
politicians during the congressional elections of 1938.
Although criticism of WPA workers centered on
KentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. Kentucky is a Southern state situated in the Upland South, although the state is infrequently placed, geographically and culturally, in the Midwest. Kentucky is one of four U.S. states constituted as a...
,
TennesseeTennessee is a state located in the Southeastern United States. According to the 2008 census, it has a population of 6,214,888, an increase of nearly 9.5% since 2000. Tennessee is the 14th fastest growing state in the US and is ranked 17th by population. It is ranked 36th by total land area. In...
, and
MarylandMaryland is a state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia and the District of Columbia to the south and west, Pennsylvania to the north, and Delaware to the east. It is comparable in size to the European country of Belgium. According to the U.S...
, the political clout of federal dollars nationwide in the midst of the depression was undeniable; even without malfeasance, programs like the WPA attracted votes. Many
RepublicansThe Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the Grand Old Party or the GOP, despite being the younger of the two major parties. In the U.S...
, however, were convinced that WPA workers had gone farther, intimidating staff members, pressuring clients and using public funds for political purposes.
The Act was sponsored by Senator
Carl HatchCarl Atwood Hatch was a Democratic Party politician from New Mexico who represented the Land of Enchantment in the United States Senate from 1933 until 1949....
following disclosures that WPA officials were in fact using their positions to win votes for the Democratic Party, just as many had alleged. Hatch, himself a Democrat, saw this as outright corruption which should not be tolerated under any circumstance by either political party, a feeling shared by most of his colleagues in the Senate.
Content
The original Act forbids intimidation or bribery of voters and restricted political campaign activities by federal employees. It prohibits using any public funds designated for relief or public works for electoral purposes. It also 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.
The most restrictive measure was brought about by Republicans in the Senate. It dictates that persons below the policymaking 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.
An amendment on July 19, 1940 extended coverage to state and local employees whose salaries include any federal funds. This amendment also set an annual ceiling of $3 million for political parties' campaign expenditures and $5,000 for individual campaign contributions.
Controversy
- In 1947 and 1974, The Hatch Act was appealed to the Supreme Court
The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
; both times claiming it was a violation of free speech, and both times it was upheld.
- A proposed amendment, which had the same argument in mind, to permit federal workers' participation in political campaigns passed the House but not the Senate in 1987; in 1990 a similar bill passed both houses but was vetoed by President George H. W. Bush
George Herbert Walker Bush was the 41st President of the United States . He was also Ronald Reagan's Vice President , a congressman, an ambassador, and Director of Central Intelligence....
, and the veto override failed in the House.
Section 7324 of The Hatch Act provides an exemption to the ban on political activities to:
- (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.
Recent events
- On November 18, 2008, Vanderburgh County, Indiana
Vanderburgh County is a county located in the U.S. state of Indiana. As of 2000, the population was 171,922. The county seat is in Evansville. Vanderburgh County was the sixth largest county in 2000 population while it is also the eighth smallest county in area in Indiana...
Commission President Jeff Korb filed an injunction against Steven Melcher, who defeated Korb in the November 4, 2008 general election, citing the Hatch Act. Melcher is the facilities manager for the Community Action Program of Evansville (CAPE). CAPE is an agency that administers Head StartHead Start is a program of the United States Department of Health and Human Services that provides comprehensive education, health, nutrition, and parent involvement services to low-income children and their families....
, LIHEAPThe Low Income Home Energy Assistance Program is a United States federal social services program first established in 1981 and funded annually through Congressional appropriations....
heating assistance and Section 8Section 8 or Section Eight may refer to:*Section 8 , a United States military form of discharge due to mental illness and/or problems*Section 8 , a U.S...
housing assistance among other federally-funded programs in a three-county area of southwestern IndianaIndiana is a U.S. state, the 19
th admitted to the Union. It is located in the Great Lakes region, and with approximately 6.3 million residents, is ranked 16
th in population and 17
th in population density. Indiana is ranked 38
th in land area, and is the...
.
- On October 6, 2008, federal investigators announced that they were investigating Sheriff Mike Scott of Lee County, Florida for possible violations of the Hatch Act. The previous day, Sheriff Scott spoke, in uniform, on stage, at a rally for presidential candidate John McCain.
- On May 6, 2008, FBI agents raided Scott Bloch
Scott Bloch is a US attorney, former deputy director and counsel to the Department of Justice's Task Force for Faith-based and Community Initiatives, and former Special Counsel at the United States Office of Special Counsel...
's offices. NPR and the Wall Street Journal reported that the raids were in relation to an investigation into allegations of obstruction of justiceThe crime of obstruction of justice includes crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official...
by Bloch's office. http://www.abcnews.go.com/Blotter/story?id=4797325&page=1 The New York Times reported that the investigation concerned whether Bloch had hired an outside company to "scrub" computer files to prevent an inquiry into whether he had violated the Hatch Act by mixing politics with his job, which is to shield whistleblowers.
- In November 2007, Terre Haute, Indiana
Terre Haute is a city in Vigo County, Indiana near the state's western border with Illinois. As of the 2000 census, the city had a total population of 59,614 and its metropolitan area had a population of 170,943. The city is the county seat of Vigo County and the self-proclaimed capital of the...
mayor Kevin BurkeKevin Burke is an Irish fiddler. He was born in London to parents from County Sligo in 1950. He took up the fiddle at age eight, eventually acquiring a virtuosic technique in the Sligo fiddling style. He later became a member of the well known Irish traditional music groups The Bothy Band and...
challenged the candidacy of then-mayor-elect Duke Bennett under provisions of the Act. In November 2008, the Indiana Court of AppealsThe Indiana Court of Appeals is the intermediate-level appellate court for the state of Indiana. It is the successor to the Indiana Appellate Court.-History:...
ruled that Bennett, who took office after a Vigo County, IndianaVigo County is a county located in the U.S. state of Indiana. As of 2000, the population was 105,848. The county seat is Terre Haute. Vigo County is included in the Terre Haute, Indiana Metropolitan Statistical Area....
judge ruled that he was eligible to serve, was ineligible under the terms of the Act. The ruling is nonbinding, pending Bennett's appeal to the Indiana Supreme Court.
- In June 2007, Lurita Alexis Doan, then Administrator of the General Services Administration
The General Services Administration is an independent agency of the United States government, established in 1949 to help manage and support the basic functioning of federal agencies. The GSA supplies products and communications for U.S...
, was found by the United States Office of Special CounselThe United States Office of Special Counsel is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from three federal statutes, the Civil Service Reform Act, the Whistleblower Protection Act and the Hatch Act...
(OSC) of violating the Hatch Act when she took part in a video conference with Karl RoveKarl Christian Rove was Senior Advisor and Deputy Chief of Staff to former President George W. Bush until his resignation on August 31, 2007. He has headed the Office of Political Affairs, the Office of Public Liaison, and the White House Office of Strategic Initiatives...
and other White HouseThe White House is the official residence and principal workplace of the President of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., it was built between 1792 and 1800 of white-painted Aquia sandstone in the late Georgian style and has been the residence of every...
officials, and sent letters asking how to help RepublicanThe Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the Grand Old Party or the GOP, despite being the younger of the two major parties. In the U.S...
politicians get elected, and was accused by Special Counsel Scott BlochScott Bloch is a US attorney, former deputy director and counsel to the Department of Justice's Task Force for Faith-based and Community Initiatives, and former Special Counsel at the United States Office of Special Counsel...
of lying to deliberately mislead investigators.
- In 2006, the Utah Democratic Party challenged the candidacy of Ogden City Police Chief Jon Greiner for State Senate. The challenge was upheld by the U.S. Office of Special Counsel because the year prior the Ogden City Police Department received a federal grant to help pay for bullet proof vests. Jon Greiner appealed the decision, remained on the ballot, and won election. He now serves as a Utah State Senator while the results of the appeal are unknown.
- On about July 29, 2004, the United States Office of Special Counsel
The United States Office of Special Counsel is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from three federal statutes, the Civil Service Reform Act, the Whistleblower Protection Act and the Hatch Act...
(OSC) cited the Hatch Act while ordering NASAThe National Aeronautics and Space Administration is an agency of the United States government, responsible for the nation's public space program. NASA was established by the National Aeronautics and Space Act on July 29, 1958, replacing its predecessor, the National Advisory Committee for...
to remove photos of Senator John KerryJohn Forbes Kerry is the senior United States Senator from Massachusetts, and is chairman of the Senate Foreign Relations Committee....
taken during his visit to the Kennedy Space CenterThe John F. Kennedy Space Center is the NASA space vehicle launch facility and Launch Control Center on Merritt Island, Brevard County, Florida, United States. The site is near Cape Canaveral, midway between Miami and Jacksonville, Florida. It is long and around wide, covering . A total of...
. The OSC later gave a press release stating that Kerry's visit did not violate the act.
- In 1993 Congress amended the Hatch Act to allow Federal employees to take an active part in political campaigns for Federal offices. Active Federal employees are able to participate in campaigns for President, Senate, and House of Representatives. (Retirees, spouses, and family members are not bound by the Hatch Act.)
- These incidents have led at least two scholars to urge Congress to consider tightening the Hatch Act's restrictions.
- On March 5, 2009, Representative Eleanor Holmes Norton introduced H.R. 1345, the District of Columbia Hatch Act Reform Act of 2009, into the U.S. Congress's House of Representatives. The bill would amend the Hatch Act to include the District of Columbia within the definition of "state" with respect to political activities of certain state and local employees; and (2) remove provisions specifically applicable to employees of government of the District of Columbia.
Extension to state and local workers
The Hatch Act also applies by extension to certain employees of state and local governments whose positions are primarily paid for by federal funds. It has been interpreted, for instance, to bar employees of state agencies administering federal unemployment insurance programs, or appointed local law enforcement agency officials with oversight of federal grant funds, from political activity.
Applicability to U.S. military personnel
Although the Hatch Act applies to
Department of DefenseThe United States Department of Defense is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military...
civil servants, as well as
Department of Homeland SecurityThe United States Department of Homeland Security is a Cabinet department of the United States federal government with the primary responsibilities of protecting the territory of the U.S...
civil servants in direct support of the
United States Coast GuardThe United States Coast Guard is a branch of the United States Armed Forces and one of seven uniformed services. It is unique among the military branches in that it has a maritime law enforcement mission and a federal regulatory agency mission as part of its mission set...
, it does
not apply to actively serving uniformed members of the U.S. armed forces. However, uniformed personnel 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 this directive is effectively synonymous with the Hatch Act for Federal civil servants. By agreement between the Secretary of Defense and the Secretary of Homeland Security, DoDD 1344.10 also applies to uniformed personnel of the Coast Guard at all times, whether it is operating as a service in the Department of Homeland Security or as part of the Navy under the Department of Defense.
As a "directive," DoDD 1344.10 is considered to be in the same category as an order or regulation, and military personnel violating its provisions can be considered in violation of Article 92 (Failure to obey order or regulation) of the
Uniform Code of Military JusticeThe Uniform Code of Military Justice , is the foundation of military law in the United States. The UCMJ applies to all members of the Uniformed services of the United States: the Air Force, Army, Coast Guard, Marine Corps, Navy, National Oceanic and Atmospheric Administration Commissioned Corps,...
.
Permitted/prohibited activities for employees who may participate in partisan political activity
These federal and D.C. employees may:
- be candidates for public office in nonpartisan elections
- register and vote as they choose
- assist in voter registration drives
- express opinions about candidates and issues
- contribute money to political organizations
- attend political fundraising functions
- attend and be active at political rallies and meetings
- join and be an active member of a political party or club
- sign nominating petitions
- campaign for or against referendum questions, constitutional amendments, municipal ordinances
- campaign for or against candidates in partisan elections
- make campaign speeches for candidates in partisan elections
- distribute campaign literature in partisan elections
- hold office in political clubs or parties
These federal and D.C. employees may not:
- use official authority or influence to interfere with an election
- solicit or discourage political activity of anyone with business before their agency
- solicit or receive political contributions (may be done in certain limited situations by federal labor or other employee organizations)
- be candidates for public office in partisan elections
- engage in political activity while:
- on duty
- in a government office
- wearing an official uniform
- using a government vehicle
- wear partisan political buttons on duty
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 judge
An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is the initial trier of fact and decision maker...
s (positions described at 5 U.S.C. ?5372)
- Central Imagery Office
- Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government.It is an independent agency responsible for providing national security intelligence to senior United States policymakers....
- Contract Appeals Boards (positions described at 5 U.S.C. ?5372a)
- Criminal Division (Department of Justice)
- Defense Intelligence Agency
The Defense Intelligence Agency, or DIA, is a major producer and manager of military intelligence for the United States Department of Defense, employing over 16,500 military and civilian employees worldwide...
- Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency. The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
- Federal Elections Commission
- Merit Systems Protection Board
The Merit Systems Protection Board is an independent quasi-judicial agency established to protect Federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federal employees against abuses by agency management...
- 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
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a specialized federal law enforcement agency and regulatory organization within the United States Department of Justice...
)
- Office of Special Counsel
- Secret Service
The United States Secret Service is a United States federal law enforcement agency that falls under the United States Department of Homeland Security. The sworn members are divided among the Special Agents and the Uniformed Division. Until March 1, 2003, the Service was part of the United States...
- Senior Executive Service
The Senior Executive Service is a paygrade in the civil service of the United States federal government, somewhat analogous to the ranks of general or admiral in the U.S...
(career positions described at 5 U.S.C. ? 3132(a)(4))
Permitted/prohibited activities for employees who may not participate in partisan political activity
These federal employees may:
- register and vote as they choose
- assist in voter registration drives
- express opinions about candidates and issues
- participate in campaigns where none of the candidates represent a political party
- contribute money to political organizations or attend political fund raising functions
- attend political rallies and meetings
- join political clubs or parties
- sign nominating petitions
- campaign for or against referendum questions, constitutional amendments, municipal ordinances
These federal employees may not:
- be candidates for public office in partisan elections
- campaign for or against a candidate or slate of candidates in partisan elections
- make campaign speeches
- collect contributions or sell tickets to political fund raising functions
- distribute campaign material in partisan elections
- organize or manage political rallies or meetings
- hold office in political clubs or parties
- circulate nominating petitions
- work to register voters for one party only
- wear political buttons at work
See also
- Office of Personnel Management
The United States Office of Personnel Management is an independent agency of the United States government that manages the civil service of the federal government...
- United States civil service
In the United States, the civil service was established in 1872. The Federal Civil Service is defined as "all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services." . In the early 19th century,...
- Smith Act
The Alien Registration Act or Smith Act of 1940 is a United States federal statute that makes it a criminal offense for anyone toIt also required all non-citizen adult residents to register with the government; within four months, 4,741,971 aliens had registered under the Act's provisions.The Act...
- House Un-American Activities Committee
The House Committee on Un-American Activities was an investigative committee of the United States House of Representatives. In 1969, the House changed the committee's name to "House Committee on Internal Security"...
- United Public Workers v. Mitchell
External links