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U.S.C. § 7323(b)(4); 5 U.S.C. § 7324(a)(2) (repealed 1993);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
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