Hatch Act of 1939
Encyclopedia
The Hatch Act of 1939 is a United States
federal law
whose main provision is to prohibit federal employees (civil servants) in the executive branch of the federal government, except the President and the Vice President, 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," which especially applied to fascist and communist organizations.
(WPA) workers had been used by local Democratic Party politicians during the congressional elections of 1938.
Criticism centered on Kentucky, Tennessee, Pennsylvania and Maryland. In Pennsylvania, for example, local Democrats were consulted on the appointment of WPA administrators and case workers. Republicans and dissident Democrats publicized evidence that Democratic politicians had used WPA jobs to gain unfair political advantage. When Congress investigated it confirmed these allegations and recommended remedial legislation. Many Republicans--and Democrats—feared that the WPA was becoming a national machine controlled by President Franklin D. Roosevelt
and WPA head Harry Hopkins
.
The Act was sponsored by Senator Carl 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.
Others dispute whether the thrust of the Hatch Act was in fact overtly related to simply the issue of misuse of WPA funds and intimidation by officials. Scholars have raised the issue that the Republican opposition was merely trying to weaken a core constituency of the Democratic Party in an effort to damage the Presidency of Franklin Delano Roosevelt and aid elections of Republicans in Congress.
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.
Section 7324 of The Hatch Act provides an exemption to the ban on political activities to:
civil servants, as well as Department of Homeland Security
civil servants in direct support of the United States Coast Guard
, 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 Justice
.
These federal and D.C. employees may not:
These federal employees may not:
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
whose main provision is to prohibit federal employees (civil servants) in the executive branch of the federal government, except the President and the Vice President, from engaging in partisan political activity. Named after Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Carl Hatch
Carl Hatch
Carl 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," which especially applied to fascist and communist organizations.
Background
The Hatch Act grew out of a long tradition of civil service reform. It removed political patronage from government jobs and blocked office holders from using their power for partisan ends. The immediate need came from the widespread allegation that Works Progress AdministrationWorks Progress Administration
The Works Progress Administration was the largest and most ambitious New Deal agency, employing millions of unskilled workers to carry out public works projects, including the construction of public buildings and roads, and operated large arts, drama, media, and literacy projects...
(WPA) workers had been used by local Democratic Party politicians during the congressional elections of 1938.
Criticism centered on Kentucky, Tennessee, Pennsylvania and Maryland. In Pennsylvania, for example, local Democrats were consulted on the appointment of WPA administrators and case workers. Republicans and dissident Democrats publicized evidence that Democratic politicians had used WPA jobs to gain unfair political advantage. When Congress investigated it confirmed these allegations and recommended remedial legislation. Many Republicans--and Democrats—feared that the WPA was becoming a national machine controlled by President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
and WPA head Harry Hopkins
Harry Hopkins
Harry Lloyd Hopkins was one of Franklin Delano Roosevelt's closest advisers. He was one of the architects of the New Deal, especially the relief programs of the Works Progress Administration , which he directed and built into the largest employer in the country...
.
The Act was sponsored by Senator Carl Hatch
Carl Hatch
Carl 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.
Others dispute whether the thrust of the Hatch Act was in fact overtly related to simply the issue of misuse of WPA funds and intimidation by officials. Scholars have raised the issue that the Republican opposition was merely trying to weaken a core constituency of the Democratic Party in an effort to damage the Presidency of Franklin Delano Roosevelt and aid elections of Republicans in Congress.
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 CourtSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
; 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. BushGeorge H. W. BushGeorge Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
, 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, IndianaVanderburgh County, IndianaAs of the census of 2000, there were 171,922 people, 70,623 households, and 44,421 families residing in the county. The population density was 733 people per square mile . There were 76,300 housing units at an average density of 325 per square mile...
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 Start, LIHEAPLIHEAPThe 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 (housing)Section 8 of the United States Housing Act of 1937 , as repeatedly amended, authorizes the payment of rental housing assistance to private landlords on behalf of approximately 3.1 million low-income households...
housing assistance among other federally funded programs in a three-county area of southwestern IndianaIndianaIndiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
. - 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 BlochScott 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...
's offices. NPRNPRNPR, formerly National Public Radio, is a privately and publicly funded non-profit membership media organization that serves as a national syndicator to a network of 900 public radio stations in the United States. NPR was created in 1970, following congressional passage of the Public Broadcasting...
and the Wall Street Journal reported that the raids were in relation to an investigation into allegations of obstruction of justiceObstruction of justiceThe crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
by Bloch's office. 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, IndianaTerre Haute, IndianaTerre Haute is a city and the county seat of Vigo County, Indiana, United States, near the state's western border with Illinois. As of the 2010 census, the city had a total population of 60,785 and its metropolitan area had a population of 170,943. The city is the county seat of Vigo County and...
mayor Kevin BurkeKevin BurkeKevin Burke is an Irish fiddler considered one of the top living Irish fiddlers. Born in London to parents from County Sligo in 1950, Burke took up the fiddle at the age of eight, eventually acquiring a virtuosic technique in the Sligo fiddling style. In 1974, he moved to Ireland, where he formed...
challenged the candidacy of then-mayor-elect Duke Bennett under provisions of the Act. In November 2008, the Indiana Court of AppealsIndiana 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, IndianaVigo County is a county located along the western border of the U.S. state of Indiana. Vigo County is included in the Terre Haute, Indiana, Metropolitan Statistical Area. The county seat is Terre Haute....
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 AdministrationGeneral Services AdministrationThe 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 CounselUnited 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 RoveKarl Christian Rove was Senior Advisor and Deputy Chief of Staff to former President George W. Bush until Rove's 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 HouseWhite 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., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
officials, and sent letters asking how to help RepublicanRepublican Party (United States)The 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 GOP . The party's platform generally reflects American conservatism in the U.S...
politicians get elected, and was accused by Special Counsel Scott BlochScott 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 PartyUtah Democratic PartyThe Utah State Democratic Party works to elect Democrats to office in the state of Utah. The Utah Democratic Party, like other national, state, and county parties, maintains a party platform that lists general principles or issues of importance to members of the Utah Democratic Party and maintains...
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 bulletproof vests. Jon Greiner appealed the decision, remained on the ballot, and won the 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 CounselUnited 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) cited the Hatch Act while ordering NASANASAThe National Aeronautics and Space Administration is the agency of the United States government that is responsible for the nation's civilian space program and for aeronautics and aerospace research...
to remove photos of Senator John KerryJohn KerryJohn Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
taken during his visit to the Kennedy Space CenterKennedy Space CenterThe John F. Kennedy Space Center is the NASA installation that has been the launch site for every United States human space flight since 1968. Although such flights are currently on hiatus, KSC continues to manage and operate unmanned rocket launch facilities for America's civilian space program...
. 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, Delegate Eleanor Holmes NortonEleanor Holmes NortonEleanor Holmes Norton is a Delegate to Congress representing the District of Columbia. In her position she is able to serve on and vote with committees, as well as speak from the House floor...
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. So long as some federal funds support the position, the Hatch Act bars state and local government employees from running for public office even if their position is funded almost entirely with local funds.Applicability to U.S. military personnel
Although the Hatch Act applies to Department of DefenseUnited States Department of Defense
The United States Department of Defense is the U.S...
civil servants, as well as Department of Homeland Security
United States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
civil servants in direct support of the United States Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
, 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 Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
.
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 judgeAdministrative law judgeAn 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 usually the initial trier of fact and decision maker...
s (positions described at ) - Central Imagery Office
- Central Intelligence AgencyCentral Intelligence AgencyThe Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
- Contract Appeals Boards (positions described at )
- Criminal Division (Department of Justice)United States Department of Justice Criminal DivisionThe U.S. Department of Justice Criminal Division develops, enforces, and supervises the application of all federal criminal laws in the United States, except those specifically assigned to other divisions. Criminal Division attorneys prosecute many nationally significant cases and formulate and...
- Defense Intelligence AgencyDefense Intelligence AgencyThe Defense Intelligence Agency is a member of the Intelligence Community of the United States, and is the central producer and manager of military intelligence for the United States Department of Defense, employing over 16,500 U.S. military and civilian employees worldwide...
- Federal Bureau of InvestigationFederal Bureau of InvestigationThe 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 BoardUnited States Merit Systems Protection BoardThe 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 Geospatial-Intelligence AgencyNational Geospatial-Intelligence AgencyThe National Geospatial-Intelligence Agency is an agency of the federal government of the United States with the primary mission of collecting, analyzing and distributing geospatial intelligence in support of national security. NGA was formerly known as the National Imagery and Mapping Agency ...
- National Security AgencyNational Security AgencyThe National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
- National Security CouncilNational Security CouncilA National Security Council is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security...
- Office of Criminal Investigation (Internal Revenue ServiceInternal Revenue ServiceThe Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
) - Office of Investigative Programs (Customs Service)
- Office of Law Enforcement (Bureau of Alcohol, Tobacco, Firearms and ExplosivesBureau of Alcohol, Tobacco, Firearms and ExplosivesThe Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
) - United States Office of Special CounselUnited 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...
- Secret ServiceUnited States Secret ServiceThe United States Secret Service is a United States federal law enforcement agency that is part of 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 ServiceSenior Executive ServiceThe 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. armed forces...
(career positions described at (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 ManagementOffice of Personnel ManagementThe United States Office of Personnel Management is an independent agency of the United States government that manages the civil service of the federal government. The current Director is John Berry.-History:...
- United States civil serviceUnited States civil serviceIn 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 ActSmith ActThe Alien Registration Act or Smith Act of 1940 is a United States federal statute that set criminal penalties for advocating the overthrow of the U.S...
- House Un-American Activities CommitteeHouse Un-American Activities CommitteeThe House Committee on Un-American Activities or House Un-American Activities Committee 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