contributions to the organization’s political committee. § 7323(a)(2); 5 C.F.R. § 734. 5 U.S.C. A violation of the Hatch Act’s politicking ban is not a federal crime; it is a personnel infraction. The statute is enforced by the Merit Systems Protection Board and by the United States Office of Special Counsel. 5 U.S.C. §§ 1204, 1212. Active partisan campaigning in violation of the Hatch Act can lead to termination from federal employment, or thirty days’ suspension if the Merit Systems Protection Board recommends a lesser penalty. 5 U.S.C. § 7326. The partisan activity currently prohibited for employees of the specifically designated law enforcement agencies listed above is taking “an active part in political management or in political campaigns.” Both the amended and original statutes expressly define this phrase to include those acts of “political campaigning” that were prohibited by the Civil Service Commission prior to July 19, 1940, the date the original Hatch Act went into effect. 5 U.S.C. § 7323(b)(4); 5 U.S.C. § 7324(a)(2) (repealed 1993); 5 C.F.R. §§ 733.121-733.124. Although a subject of some confusion, the Hatch Act ban was never intended to apply to an employee’s expression of personal opinion, whether given privately or publicly, on political candidates and issues. This basic right of expression was recognized in the original 1939 Hatch Act, former 5 U.S.C. § 7324(a)(2). It was reaffirmed by two appellate decisions, which reversed Hatch Act enforcement actions based on an employee’s public expression of political opinion. See Biller v. Merit Sys. Prot. Bd., 863 F.2d 1079, 1090–91 (2d Cir. 1988); Blaylock v. Merit Sys. Prot. Bd., 851 F.2d 1348, 1354 (11th Cir. 1988). Finally, the principle was restated in the 1993 Hatch Act amendments. 5 U.S.C. § 7323(c) (employees retain the right to express their opinions on political candidates and issues). Thus, employees in designated law enforcement agencies who 114

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