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.

Why it was introduced

The Hatch Act grew out of 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 further, 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 forbade intimidation or bribery of voters and restricted political campaign activities by federal employees. It prohibited using any public funds designated for relief or public works for electoral purposes. It also forbade 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 dictated 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 included 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.

Hostility to the Act

The Act was appealed to the Supreme Court in 1947 and 1974, 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.

Current use

The Act is still used heavily. For example, on about July 29, 2004, the United States Office of Special Counsel cited it while ordering NASA to remove photos of Senator John Kerry taken during his visit to the Kennedy Space Center. Evidently, this was because some photos of Kerry in a clean room body suit were unflattering.

In 1993 Congress amended the Hatch Act to allow Federal employees to take an active part in political campaigns for Federal offices. While there are still some restrictions on what Federal employees can do, there is now greater latitude given to their participation. Thanks to changes in the Hatch Act, active Federal employees have been able to participate in campaigns for President, Senate, and House of Representatives.

(Retirees, spouses, and family members are not bound by the Hatch ACT.)

Hatch Act DOs and DON'Ts

Below are the primary guidelines that active Federal employees need to follow when working or volunteering on a political campaign for federal office. Remember, though, that just because the Hatch Act doesn't say "NO," that doesn't mean it's legal.

Active Federal employees may:

Be a candidate in a political election in which no candidates represent a political party
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
Run for nonpartisan offices (that is, parties are not listed on the ballot)
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.