Hatch Act

5 U.S.C. § 7321-26

Overview

• Career SES
  • Highly restricted
• Career and Non-Career General Schedule, SL/ST, non-career SES
  • Can engage in many activities, but only off-duty 

References

• Guidance from the U.S. Office of Special Counsel, August 9, 2004 (PDF) (This memo is the current guidance and supercedes all previous NASA guidance on the subject.)
• Guidance for Candidate Visits to NASA Facilities, October 8, 2004 (PDF) (This memo is a supplement to the August 9 memo from OSC.)
• Agencywide Message to all NASA Civil service employees.pdf
• Hatch Act Social Media Quick Guide 2018
• Hatch Act Social Media Guidance

Career SES Restrictions 

1. In addition to the other restrictions, career SES may not —
   • Campaign for or against candidates
   • Make campaign speeches
   • Distribute campaign material
   • Organize or manage rallies or meetings
   • Hold office in partisan political clubs or parties
   • Circulate nominating petitions in partisan elections
   • Take part in conventions or convention committees
   • Register voters on behalf of a party
2. Penalties
   • OSC prosecutes cases before MSPB
   • Presumptive penalty is removal
   • MSPB may mitigate to suspension (30-day minimum)
   • Employee has burden for mitigation

Career and non-career General Schedule, non-career SES, Senior Level (SL) and Scientific or Professional (ST)

1. Permissible Activities
   • Be active at political rallies and meetings
   • 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
   • Attend political fundraising functions
   • 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
2. Prohibited Activities
   • 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
   • 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
   • Includes
   • Wearing political buttons on duty
   • Displaying campaign materials
   • Government e-mail