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Dear GSA,
As the 2024 presidential election cycle begins, I'd like to remind you of your obligations as a Federal employee under the Hatch Act. Now that several individuals have already announced their 2024 bids, it’s a great time to reacquaint yourself with the rules governing partisan political activities.
What is the Hatch Act?
- The Hatch Act restricts Federal employees from engaging in “political activity” when:
- “Political activity” is defined as any activity directed towards the success or failure of a partisan candidate, political party, or partisan political group.
Most Federal employees are considered “Less Restricted” employees under the Hatch Act and thus may engage in political activity (with limited exceptions) while off duty and outside the workplace. Examples of such activity include:
- Registering to vote, voting, and assisting in voter registration drives;
- Joining political clubs and parties;
- Attending political fundraising functions (but not soliciting contributions—see below), rallies, and meetings;
- Placing a sign in your front yard supporting a partisan political candidate; and
- Campaigning for or against candidates in partisan elections.
Note that career SES employees and Civilian Board of Contract Appeals judges are “Further Restricted” employees under the Hatch Act and face additional restrictions. For a better understanding of how the Hatch Act applies to you, refer to the Office of Special Counsel’s (“OSC”) Guide to the Hatch Act.
What are some political activities you may not engage in as a Federal employee (even when off duty and outside the workplace)?
- Soliciting, accepting, or receiving political contributions (e.g., asking for donations by mail, email, or social media; hosting a fundraiser; inviting others to a fundraiser; or sharing or liking fundraising posts on social media);
- Using your official authority or influence for the purpose of interfering with or affecting the result of an election (e.g., using one’s title when participating in political activity, using agency resources such as the agency’s social media account, using one’s authority to coerce another to participate in political activity, or soliciting or receiving volunteer services from a subordinate for any political purpose);
- Knowingly soliciting or discouraging participation in any political activity of anyone doing or seeking to do business with the agency.
What does this mean for the 2024 presidential election?
OSC has issued several advisory opinions regarding the 2024 presidential election:
- As to former President Trump, OSC has advised that prohibited political activity includes wearing, displaying, or distributing items with the slogans “Make America Great Again,” “MAGA,” or any other materials from former President Trump’s 2016, 2020, or 2024 campaigns. OSC has further advised that prohibited political activity also includes using hashtags that advocate for or against President Trump’s campaign in social media posts or other forums (e.g., #Trump2024).
- As to President Biden, OSC has advised that prohibited political activity includes wearing, displaying, or distributing items with campaign slogans from the 2020 Biden/Harris campaign or any of President Biden’s other past campaigns—as well as the phrase “Let’s Go Brandon.” OSC has further advised that prohibited political activity also includes using hashtags that advocate for or against President Biden’s campaign in social media posts or other forums (e.g., #IStandWithBiden).
- As to 2024 presidential campaign slogans, including but not limited to “Build Back Better,” “Finish the Job,” “Make America Great Again,” or “MAGA,” OSC has advised that prohibited political activity includes wearing or displaying items, or posting or tweeting messages, with these slogans. OSC has further advised that prohibited political activity includes using these campaign slogans when conducting Government business or performing your duties as a Government official, to include, giving official speeches, responding to media inquiries, announcing or defending policy initiatives, or otherwise communicating (via email, text, social media, press releases, etc.) on official matters.
OSC has advised, however, that the continued use of “Build Back Better” in connection with initiatives or programs already branded as such prior to the announcement of President Biden’s reelection campaign does not violate the Hatch Act. But, because President Biden is now running for reelection, OSC has advised that the use of the campaign slogan “Build Back Better” for any new initiatives, programs, or agency communications would constitute prohibited political activity until the conclusion of the 2024 presidential election.
Finally, a reminder that you are prohibited from displaying pictures of current candidates while on duty (including when teleworking from home or another location) or in a Federal room or building. The only exception to this is if the photograph is a personal one. For the picture to be considered a personal picture, you must be in the photograph with the current candidate; the photograph must have been taken at a personal or professional event; and the photograph must not be related to the campaign.
I encourage you to contact GSA’s Ethics Law Division at ethics@gsa.gov or 202-501-0765 with any questions about the Hatch Act.
Best,
Arpit K. Garg
General Counsel
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