Hatch Act of 1939

The Hatch Act of 1939 is a United States federal law whose main provision is to prohibit federal employees (civil servants) from engaging in partisan political activity. Named after Senator Carl Hatch 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 reform. In essence, it finally did away with the last vestiges of patronage, 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 Administration (WPA) funds had been misused by staff members and local Democratic Party politicians during the congressional elections of 1938.

Although criticism of WPA workers centered on Kentucky, Tennessee, and Maryland, 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 Republicans, 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 Hatch 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; 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, 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 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. [ [http://www.news-press.com/apps/pbcs.dll/article?AID=/20081006/NEWS0107/81006002 Feds to look into Lee County Sheriff Scott's 'Hussein' Obama comment at Palin rally] , October 6, 2008, news-press.com] [ [http://www.naplesnews.com/news/2008/oct/07/feds-investigate-lee-sheriff-scott-palin-rally-app/ Lee sheriff under federal investigation for stumping in uniform] October 7, 2008, naplesnews.com]
* On May 6, 2008, FBI agents raided Scott Bloch's offices. NPR and the "Wall Street Journal" reported that the raids were in relation to an investigation into allegations of obstruction of justice 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. [David Stout, "F.B.I. Raids Office of Special Counsel," "New York Times", May 7, 2008.]
* In November 2007, Terre Haute, Indiana mayor Kevin Burke challenged the candidacy of mayor-elect Duke Bennett under provisions of the act.
* In June 2007, Lurita Alexis Doan, then Administrator of the U.S. General Services Administration, was found by the United States Office of Special Counsel (OSC) of violating the Hatch Act when she took part in a video conference with Karl Rove and other White House officials, and sent letters asking how to help Republican politicians get elected, and was accused by Special Counsel Scott Bloch of lying to deliberately mislead investigators. [Doan's fate up to president; Hatch Act violation could prompt firing, Federal Times, May 28, 2007]
* 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. [ [http://deseretnews.com/dn/view/0,1249,650203448,00.html Deseret Morning News | Police chief plans to stay in Senate race ] ]
*On about July 29, 2004, the United States Office of Special Counsel (OSC) cited the Hatch Act while ordering NASA to remove photos of Senator John Kerry taken during his visit to the Kennedy Space Center. The OSC later gave a press release stating that Kerry's visit did not violate the act. [ [http://www.osc.gov/documents/press/2007/pr07_04.htm osc.gov] ]
*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.)

Rules of the Act

Below are the primary guidelines that active Federal employees need to follow when working or volunteering on a political campaign for federal office. This list is not all-inclusive, and questions regarding the legality of the application of any event or policy should be properly researched or investigated beforehand. This list does not encompass all that is or is not allowed per the regulation.

Active Federal employees may:
*Be a candidate in a non-partisan political election (that is, an election where the candidate is not running as a member of a political party; examples include city council and school board elections)
*Register and vote as they choose
*Assist in Voter Registration Drives
*Express opinions about candidates and issues
*Attend fundraisers and contribute money to political organizations and campaigns
*Volunteer on a campaign
*Recruit volunteers for a political campaign
*Participate in activities such as phone banking and precinct walking
*Display bumper stickers, lawn signs, and other campaign paraphernalia
*Raise money for their union's political action committee from other union members
*Volunteer, run for, and hold an office in a local or state political party

Active Federal employees may not:
*Be a candidate in a political election in which any candidate represents a political party
*Raise money for a partisan political campaign
*Allow their names to be used in any fundraising appeal on behalf of a partisan political campaign
*Participate in a phone bank that is engaged in fundraising for a partisan campaign
*Raise money for their union's political action committee from persons other than their fellow union members

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 from political activity.

References

ee also

* Office of Personnel Management
* Civil service
* Smith Act
* House Un-American Activities Committee
* United Public Workers v. Mitchell

External links

* [http://www.osc.gov/hatchact.htm Discussion of Hatch Act on federal, state, and local government employees by the U. S. Office of Special Counsel]