REDSTONE ARSENAL, Ala. – Politics can be divisive and full of land mines – at work, at home, at church – anywhere opposite viewpoints might clash.

With the United States almost eight weeks into the election primaries, federal civilian employees need to understand what political activity is permissible and what is prohibited.

“In the simplest terms, political activity is defined as any activity directed at the success or failure of a political party or partisan political group or candidate in a partisan race,” said Andy Pollock, chief, General Administrative Law, U.S. Army Space and Missile Defense Command. “The Hatch Act details permissible political activity of two different categories of federal civilians: less restricted and more restricted.”

The Hatch Act, a federal law passed in 1939, limits specific political activities of federal civilians, as well as some state, Washington D.C., and local government employees who work in connection with federally funded programs.

“Most federal employees are considered less restricted and may participate fully in political activity except while on duty, wearing an official uniform or insignia, using a government vehicle, or in any federal workplace,” Pollock said.

Some permissible political activities include placing a campaign sign in their yard (except in base housing), putting a single campaign bumper sticker on a personal car, making financial contributions favoring political parties or candidates, expressing personal opinions, attending political events, assisting in nonpartisan voter registration drives and signing a nominating petition.

Some prohibited political activities that employees may not engage in while on duty are distributing or displaying campaign materials; wearing or displaying anything partisan (T-shirts, buttons, signs, stickers); advocating for or discouraging against any partisan candidate or party; or performing campaign-related chores.

“Federal employees who receive a political email at work may not forward that email to anyone else, including subordinates,” Pollock said. “And under no circumstance can a federal employee solicit or receive political contributions at any time, nor invite individuals to political fundraising events.”

Some other prohibited political activities include being a candidate for partisan political office; inviting subordinates to campaign events; using an official title or position while engaging in political activity; or using agency resources, such as computer, network or government time (duty hours).

The ease of access and proliferation of usage of social media platforms creates additional concerns for permissible political activity.

“Complying with the act is possible, even on social media, if employees remember a few guidelines,” Pollock said. “Federal employees are prohibited in the workplace from emailing, blogging, tweeting, or posting to social media in support of or opposition to political parties or candidates running for partisan political office. This guidance applies even if the employee uses a personal device or email account, shares or forwards content which was authored by others, or shares or forwards to friends or like-minded coworkers.”

While on duty, federal employees also may not ask for donations by mail, email or social media; solicit through a phone bank; nor share or like a fundraising post on social media.

Further restricted federal civilians are those who are appointed for their position, for example members of the senior executive service, and those in intelligence- and enforcement-type agencies. These employees are additionally prohibited from campaigning for or against candidates; engaging in political activity in concert with a political party, office or group; being a candidate in a partisan election; use their position to influence or interfere in an election; or solicit, accept or receive donations or contributions.

Even though the Hatch Act serves to restrict federal civilians’ political activity, its purpose is to ensure that federal programs are administered in a nonpartisan fashion, protect federal employees from political coercion in the workplace, and ensure that federal employees are advanced based on merit and not based on political affiliation.

For more information, USASMDC civilian employees should contact the command’s ethics attorney at (256) 955-4521 or visit the Federal Voting Assistance Program and the U.S. Office of Special Counsel websites at:

Federal Employee Hatch Act Information

https://osc.gov/Services/Pages/HatchAct-Federal.aspx

Additional Hatch Act resources

https://osc.gov/Services/Pages/HatchAct-Resources.aspx

The Hatch Act Guidance on Social Media

https://osc.gov/Documents/Hatch%20Act/Advisory%20Opinions/Federal/Social%20Media%20Guidance.pdf

Federal Voting Assistance Program

https://www.fvap.gov/info/laws/political-activities