I The three rules that cover most of it
OSC frames compliance around three prohibitions. Internalize these and you have covered the large majority of the statute.
| Rule | When it applies |
|---|---|
| 1. No political activity while on duty or in the workplace | Duty hours and federal facilities |
| 2. Never solicit, accept, or receive a political contribution | 24/7 — on duty and off |
| 3. Never use official authority or influence to affect an election | 24/7 — on duty and off |
Political activity has a defined meaning: activity directed toward the success or failure of a political party, a partisan political group, or a candidate for partisan political office. It is narrower than "anything political." Advocacy on a policy issue, disconnected from a party or candidate, is generally outside the definition.
The Hatch Act's purpose is a politically neutral federal workplace — so the reliable instinct is that your political life belongs entirely to your own time, your own equipment, and your own name, never your position.
Rules two and three are the ones people underestimate, because they carry no on-duty qualifier. Forwarding a fundraiser invitation from your personal phone on a Saturday is a violation. Signing an endorsement with your official title is a violation. Neither is fixed by being off the clock.
II Which category you are in
The Hatch Act applies to nearly every civilian employee in the executive branch, including part-time employees and Postal Service employees. It applies in two different intensities.
| Less restricted | Further restricted | |
|---|---|---|
| Who | Most executive branch employees | Specified agencies, plus career SES, ALJs, contract appeals board members, and administrative appeals judges at any agency |
| Active part in partisan campaigns | Permitted off duty | Prohibited entirely, even off duty |
| Campaign volunteering | Permitted off duty | Prohibited |
| Holding party office | Permitted | Prohibited |
| Donating money | Permitted | Permitted |
| Expressing opinions | Permitted off duty | Permitted off duty |
| Voting | Permitted | Permitted |
Agencies whose employees are further restricted include the FBI, CIA, NSA, Secret Service, the Federal Election Commission, the Election Assistance Commission, the Merit Systems Protection Board, the Office of Special Counsel, and the National Security Council, among others. Most further restricted employees work in law enforcement and intelligence.
All career Senior Executive Service members are further restricted, regardless of which agency they work for. So are administrative law judges, contract appeals board members, and administrative appeals judges. A promotion into the career SES therefore changes your Hatch Act status — and nobody tells you at the ceremony. If you are entering the SES, this is worth confirming before your next election cycle.
If you are unsure which category applies to you, your agency ethics official can answer it definitively, and the answer does not change based on your grade or duties within a covered agency.
III What you are clearly allowed to do
The statute is frequently overread into a general prohibition on having political opinions. It is not that. Generally, unless further restricted, federal employees may:
- Register and vote as they choose.
- Contribute money to partisan groups and candidates.
- Attend political fundraisers — attending is not soliciting.
- Assist in voter registration drives.
- Be candidates in nonpartisan elections.
- Express political opinions off duty and away from the workplace.
- Actively participate in political management and campaigns off duty, if less restricted.
Further restricted employees retain the first five of those and may express opinions about candidates and issues. What they lose is active participation in partisan management and campaigns.
The consistent thread is that the Act regulates activity connected to your federal position or performed on federal time. Your private citizenship is largely intact.
IV Social media — where the violations happen
OSC has issued specific guidance because social media collapses the distinctions the statute depends on: the boundary between on duty and off, between personal and official, and between expressing a view and soliciting.
While on duty or in the workplace, no employee may:
- Post or share a message about a candidate or a partisan group.
- Post or retweet content supporting or opposing a candidate or partisan group.
- Invite others to a campaign rally or other partisan political event.
Even off duty and away from work, no employee may:
- Post, like, or otherwise share a message that asks others to donate to a partisan group or candidate.
- Share an invitation to a campaign or political party fundraiser.
- Use their official title or position to endorse a candidate.
Further restricted employees additionally may never share or link to the account of a partisan group or campaign, or retweet a message from a partisan political group or candidate. They may, however, like a post from a partisan group or candidate and comment on such an entity's pages when not at work.
No federal employee may like a post soliciting partisan political contributions, at any time. A like is a share for these purposes when the underlying content is a solicitation. It takes half a second, it happens off duty on a personal phone, and it is a violation regardless of category.
Two further details worth knowing. Following a partisan account is generally permitted for less restricted employees; for further restricted employees, agency guidance has treated it as acceptable only where the employee's list of accounts followed is hidden from their own followers. And your official title in a profile bio can convert an otherwise personal post into an official endorsement — if your bio identifies your federal position, treat every post as carrying it.
Off-Duty Political Activity — What Each Category May Do
Permitted, conditional, and prohibited activities for less restricted and further restricted employees acting off duty, away from the workplace, on personal equipment. On duty, all political activity is prohibited for both categories regardless of what this chart shows.
V Hatch Act Activity Checker
Select your category and the activity. The tool returns the general rule that applies, and flags where the answer differs by duty status or category. It is a starting point, not a substitute for an OSC advisory opinion.
Is this permitted?
General guidance only. For a binding answer on your own facts, request a free written advisory opinion from OSC before you act.
VI The workplace question when you telework
The on-duty prohibition follows your duty status, not your physical location. If you are on the clock, the on-duty restrictions apply whether you are at an agency facility or at your kitchen table.
Your home does not become a federal workplace by virtue of telework. But your working hours remain working hours, and the practical effect for a teleworking employee is that the boundary is temporal rather than geographic — which is harder to observe, because the phone is right there.
Prohibitions on using government property apply to the equipment regardless of where it is or whether you are on the clock. A government-issued laptop or phone remains federal property in your living room at 9 p.m. Political activity conducted on it is prohibited even outside your duty hours. Keep political activity on personal devices, without exception.
The duty-status and duty-station rules that govern telework generally are covered in Career & Pay Topic 21 and Workplace Topic 26.
VII Running for office
Employees in both categories may be candidates in genuinely nonpartisan elections. Neither category may run for partisan political office.
The difficulty is that OSC evaluates whether an election is effectively partisan rather than accepting its formal label. Actions that can convert a nominally nonpartisan race into a partisan one include:
- Receiving a party endorsement.
- Advertising a party's support in campaign materials.
- Soliciting endorsements from party officials.
- Accepting financial help or volunteer resources from a party.
- Appearing at party events promoting your candidacy.
In certain designated localities — communities where a substantial share of residents are federal employees — employees may run as independent candidates for local partisan office. The independence must be genuine and maintained throughout the campaign.
If you are considering candidacy of any kind, this is the clearest case for an advisory opinion in advance. The determination turns on facts that develop during a campaign, and discovering mid-race that your election has been deemed partisan is not a recoverable position.
VIII Displays, apparel, and the physical workplace
The physical workplace rules are stricter than most employees assume, and they are the ones a colleague is most likely to notice.
Displaying pictures of candidates for partisan political office in the federal workplace is considered engaging in political activity and is barred. Agency guidance has been explicit that this includes the President when the President is a candidate for re-election — a point that surprises people, since an official portrait displayed under agency policy is an entirely different matter from campaign imagery at your desk.
The same logic extends to campaign buttons, hats, shirts, and posters in your workspace, and to political activity while wearing a uniform or official insignia, or while in a government vehicle.
A partisan bumper sticker on your personally owned vehicle parked in a federal lot is permitted. What crosses the line is a display so extensive that the vehicle reads as a campaign vehicle. One sticker is fine; a wrapped car is not.
Standards of conduct beyond political activity — gifts, outside employment, misuse of position — are covered separately in Topic 39.
IX The protection that runs the other way
The Hatch Act is usually discussed as a set of restrictions on employees. It also functions as a shield, and this half is worth knowing.
The Act protects employees from being pressured into political activity by supervisors or agency leadership. A supervisor who solicits a political contribution from a subordinate is committing a violation with an aggravating factor — the use of official authority. Pressure to attend a partisan event, to contribute, or to participate in a campaign is not something you have to absorb quietly.
If you experience that pressure, document it contemporaneously and report it. OSC accepts complaints from federal employees, and the conduct at issue is precisely what the agency exists to police. Documentation practices are covered in Topic 44, and the broader framework of prohibited personnel practices in Topic 03.
X Penalties and how enforcement works
The Office of Special Counsel is an independent federal agency that investigates and prosecutes alleged Hatch Act violations. Cases are adjudicated before the Merit Systems Protection Board.
Available penalties include removal from federal employment, reduction in grade, debarment from federal employment for a period, suspension, reprimand, and civil penalties. Removal is the maximum, not the default — OSC resolves many matters through warning letters, particularly where the conduct was inadvertent, isolated, and promptly corrected.
Three factors tend to separate a warning letter from a prosecution: whether the conduct was knowing rather than inadvertent, whether it involved official authority or government resources, and whether it was repeated after notice. The third is the one entirely within your control — if you are told something you posted was a problem, take it down and stop, rather than arguing the point.
MSPB appeal rights and adverse action procedures generally are covered in Topic 02 and Topic 15.
XI Getting a definitive answer
This is the most useful paragraph in the article. OSC provides Hatch Act advisory opinions at no cost, and employees are entitled to request a written opinion before taking action.
| Channel | Contact |
|---|---|
| OSC Hatch Act Unit — toll free | 1-800-854-2824 |
| OSC Hatch Act Unit — direct | 202-804-7002 |
| hatchact@osc.gov | |
| Your agency ethics official | Many agencies require consultation before partisan political activity |
A written opinion obtained in advance, on your actual facts, is the strongest position available to a federal employee in this area. It costs a phone call or an email. Given that the statutory exposure includes removal from federal employment, the asymmetry between the cost of asking and the cost of guessing wrong is not close.
XII The playbook
| Situation | What to do |
|---|---|
| You do not know your category | Ask your agency ethics official. Career SES, ALJs, and certain agencies are further restricted. |
| Just promoted into the career SES | Your category changed. Confirm what you can no longer do before the next election cycle. |
| Active on political social media | Never like or share a donation solicitation, at any time. Check whether your bio carries your official title. |
| Teleworking | The on-duty rule follows your duty status. Government equipment is off limits regardless of hours. |
| Considering running for office | Request an advisory opinion first. Nominally nonpartisan races can be deemed partisan. |
| Pressured by a supervisor | Document it and report it. That is a violation with an aggravating factor. |
| Told a post was a problem | Remove it and stop. Repetition after notice is what escalates cases. |
| Genuinely uncertain | hatchact@osc.gov. Free, written, and in advance. |
What to verify this week
- Confirm whether you are less restricted or further restricted. If you are career SES, an ALJ, or at a covered agency, you are further restricted regardless of grade.
- Check your social media bios for your official title — it can convert a personal post into an official endorsement.
- Never like, share, or retweet content soliciting political contributions. This applies to every employee, at every hour.
- Keep all political activity on personal devices. Government equipment is off limits regardless of duty status.
- Remove any candidate photos, campaign buttons, or partisan materials from your workspace.
- If you telework, treat your duty hours as the workplace boundary — the rule follows the clock, not the room.
- If you are considering candidacy, request a written OSC advisory opinion before you file anything.
- If a supervisor pressures you toward political activity, document it contemporaneously and report it.
- Save the OSC contact: hatchact@osc.gov, 1-800-854-2824. Free written opinions, in advance.
Frequently asked questions
First, employees may not engage in political activity while on duty or in the workplace. Second, employees may never knowingly solicit, accept, or receive a political contribution for a partisan group or candidate — this applies twenty-four hours a day, on duty or off. Third, employees may never use their official authority or influence to affect the outcome of an election, which also applies at all times. Political activity means activity directed toward the success or failure of a political party, a partisan political group, or a candidate for partisan political office. Most federal employees stay compliant by observing those three rules.
Most federal executive branch employees are less restricted, meaning they may take an active part in partisan political management and campaigns on their own time, away from the workplace. Further restricted employees may not take an active part in partisan political management or campaigns at all, even off duty — they may not campaign for or against candidates or otherwise engage in political activity in concert with a party, candidate, or partisan group. The further restricted category includes employees at agencies such as the FBI, CIA, NSA, Secret Service, MSPB, and OSC, and it also covers all career Senior Executive Service members, administrative law judges, contract appeals board members, and administrative appeals judges regardless of agency.
Not while on duty or in the workplace, regardless of your category. Off duty, less restricted employees may express political opinions, share content, and engage normally. But no federal employee at any time may share or like a message that solicits political contributions, share an invitation to a campaign or political fundraiser, or use their official title or position to endorse a candidate. Further restricted employees face additional limits even off duty — they generally may not share or link to the account of a partisan group or campaign, or retweet a message from a partisan group or candidate, though they may like posts and comment on such pages.
Yes. The on-duty prohibition follows your duty status, not your physical location. If you are on the clock, you are subject to the on-duty restrictions whether you are at an agency facility or working from your kitchen. Your home does not become a federal workplace, but your working hours remain working hours. The prohibitions on using government equipment also continue to apply — a government-issued laptop or phone remains federal property regardless of where it sits, so political activity conducted on it is prohibited even outside your working hours.
You may run in genuinely nonpartisan elections regardless of category. You may not run as a candidate for partisan political office. The complication is that OSC evaluates whether an election is effectively partisan rather than relying on its formal label: if a candidate receives a party endorsement, advertises party support in campaign materials, solicits endorsements from party officials, accepts financial or volunteer help from a party, or appears at party events promoting their candidacy, OSC may treat the race as partisan. In certain designated localities federal employees may run as independent candidates for local partisan office, but they must remain genuinely independent of any party throughout.
The Office of Special Counsel investigates and prosecutes alleged violations, and penalties can include removal from federal employment. Lesser outcomes include reduction in grade, debarment from federal employment for a period, suspension, reprimand, or a civil penalty. Not every violation results in removal, and OSC frequently resolves matters through warning letters, particularly where the conduct was inadvertent and the employee corrected it. But the statutory exposure is real, and it is the reason obtaining an advisory opinion before acting is worth the phone call.
A partisan bumper sticker on your personally owned vehicle parked in a federal lot is permitted. What crosses the line is a display that makes the vehicle look like a campaign vehicle. Inside the workplace the rule is stricter: displaying pictures of candidates for partisan political office in the federal workplace is considered engaging in political activity and is barred — and agency guidance has noted this includes the President when the President is a candidate for re-election. Official photographs displayed under agency policy are a separate matter from campaign imagery.
Request an advisory opinion from the Office of Special Counsel. The service is free, employees are entitled to request a written opinion before taking action, and OSC's Hatch Act Unit can be reached by phone at 1-800-854-2824 or 202-804-7002, or by email at hatchact@osc.gov. Your agency ethics official is also a resource and many agencies require consultation before engaging in partisan political activity. Getting a written answer in advance is the single most effective protection available, and it costs nothing but the time to ask.