Hatch Act and public employees running for local office

Teachers, nurses at public hospitals, county road crews, postal workers and agency analysts make some of the best local candidates. They already know how public services work from the inside. But government jobs can come with rules about running for office, and the main federal law on the subject, the Hatch Act, is often misunderstood.

The short version: it depends on who you work for and whether your race is partisan. This guide explains the federal rules using guidance from the U.S. Office of Special Counsel (OSC), the agency that enforces the Hatch Act, and points you to where you can get an answer for your own situation.

What the Hatch Act is

The Hatch Act is a federal law that limits certain political activity by federal executive branch employees and by some state and local government employees connected to federally funded programs. Its purpose is to keep government work free of partisan pressure. It does not stop public employees from voting, holding opinions or taking part in civic life.

For would-be candidates, the key question is whether the election is partisan. OSC defines a partisan election as one in which any candidate is to be nominated or elected as representing a political party. If you're not sure which kind of race you're looking at, read partisan vs. nonpartisan races.

If you're a federal employee

OSC's guidance for federal employees is direct: generally, federal employees may not be candidates in partisan elections. The Hatch Act does not, however, prohibit them from being candidates in nonpartisan elections. That opens the door to many local seats, such as school boards and city councils in places where those races are nonpartisan.

A few details matter:

"Nonpartisan" has to be real. OSC says an election designated as nonpartisan under state or local law may still be considered partisan. If another candidate is nominated by a party, or if any candidate works in concert with a party, the race is treated as partisan.
Fundraising for your own nonpartisan race. OSC says a federal employee running in a nonpartisan election is not barred by the Hatch Act from soliciting, accepting or receiving political contributions for his or her own campaign.
Designated localities. Employees who live in certain designated communities may run as independent candidates in local partisan elections there. The list includes places near Washington, D.C., such as Arlington County and Fairfax County in Virginia, and some elsewhere, such as Anchorage, Alaska. They may not run as a party's representative.
Some employees face tighter rules. OSC describes "further restricted" employees, generally including those at intelligence and enforcement-type agencies such as the FBI and Secret Service, career Senior Executive Service members and administrative law judges. They have more limits on political activity overall.

For federal employees, OSC lists penalties that include removal, reduction in grade, debarment from federal employment for up to five years, suspension, reprimand and a civil penalty.

If you're a state or local employee

The Hatch Act covers state, D.C. and local executive branch employees whose principal job is connected with programs financed in whole or in part by federal loans or grants. OSC notes the Act also may reach some private nonprofit employees, such as those at organizations receiving federal Head Start funds.

Here is the part many people miss. According to OSC, since the Hatch Act Modernization Act of 2012, the federal Hatch Act no longer prohibits state and local government employees from running for partisan office, unless their salary is paid entirely by federal loans or grants. Running in nonpartisan elections is permitted.

Covered state and local employees still may not:

Use their official authority to influence an election
Coerce others to make political contributions
Use public funds or office resources to support their campaign
Ask subordinates to volunteer for or contribute to their campaign

OSC also notes that covered employees stay covered while on leave, and that people who already hold elective office are exempt from the candidacy restriction. If OSC and the Merit Systems Protection Board find a violation that warrants dismissal, the employing agency must either remove the employee or give up a portion of its federal funding.

Other rules beyond the Hatch Act

Clearing the Hatch Act is not the end of the question. OSC itself reminds state and local employees to check state, D.C. and local law, which may restrict candidacy on their own. Also look at:

Your employer's policies. Agencies, school districts and public hospitals may have rules about campaigning, time off and use of work email.
Conflicts with the office itself. Some places limit employees from serving on a body that oversees their own job.
Union or contract terms. Collective bargaining agreements may address leave for public service.

Whatever the rules, keep your campaign completely separate from your job. Don't use work phones, computers, email or time, and don't campaign to coworkers you supervise.

How to get a clear answer

Identify your race. Is it partisan, or truly nonpartisan? Will any candidate run with a party's backing?
Identify your funding. Ask HR whether your position is connected to federal grants or loans, and whether your salary is fully federally funded.
Ask OSC. OSC recommends that any employee interested in running for office contact it. Its Hatch Act pages explain how to request an advisory opinion.
Check state and employer rules. Get them in writing.
Keep the answers. Save every email and written opinion with your campaign records.

Once you have a clear yes, the next step is the paperwork. Our guide on how to file for local office walks through it.

Common questions

Can a federal employee run for school board?

Usually, yes, if the race is truly nonpartisan. The U.S. Office of Special Counsel says the Hatch Act does not prohibit covered employees from being candidates in nonpartisan elections. But a nominally nonpartisan race can count as partisan if any candidate runs as representing a party or works with one.

Can a federal employee run for a partisan county council seat?

Generally, no. OSC says federal employees may not be candidates in partisan elections. A limited exception lets employees who live in certain designated localities run as independents in local partisan elections there.

Can state and local employees run in partisan elections?

Under the federal Hatch Act, generally yes, since a 2012 change in the law. The exception is an employee whose salary is paid entirely by federal loans or grants. State law, local rules and your employer's policies may still restrict you.

Does taking leave from my job get me around the Hatch Act?

No. OSC says covered state and local employees remain covered while on annual, sick, administrative or unpaid leave.

Sources

Rules change. Always confirm with your own state and local election offices.