Basic Information on the Hatch Act

The Hatch Act restricts the political activity of executive branch employees of the federal government, the District of Columbia government and certain state and local agencies, including nonprofits. In 1993, Congress passed legislation that substantially amended the Hatch Act, allowing most federal and D.C. employees to engage in many types of political activity. The U.S. Office of Special Counsel is responsible for application and enforcement of the Hatch Act. They have provided extensive information on its provisions and application on the Internet.

This site explains the application of the Hatch Act to federal employees, listing the specific prohibitions, and permitted actions in connection with political activities. The site also describes how the Act applies to certain state, local, and in some cases nonprofit employees.

The Hatch Act applies to the political activity of state and local government employees if they are principally employed by state or local executive agencies in connection with programs financed in whole or in part by federal loans or grants. The Act does not apply to the political activity of persons employed by educational or research institutions or agencies supported in whole or part by (a) states or their political subdivisions, or (b) religious, philanthropic or cultural organizations.

Some statutes make Hatch Act provisions applicable to other categories of individuals, e.g., persons employed by private, non-profit organizations that plan, develop and coordinate Head Start and certain other types of federal assistance.

Within a state, local government, or affected nonprofit, the Act applies to individuals with duties connected to the applicable federal program – not necessarily to all employees of the agency.

The specific Hatch Act prohibitions applicable to state, local, or nonprofit employees are not as numerous as the prohibitions for federal employees. Covered non-federal employees MAY NOT:

• be candidates for public office in a partisan election
• use official authority or influence to interfere with or affect the results of an election or nomination; or
• directly or indirectly coerce contributions from subordinates in support of a political party or candidate.

More information on specific activities or applications of the Hatch Act may be obtained from the U.S. Office of Special Counsel, 1-800-854-2824.

Prepared for the Maryland Association of Nonprofit Organizations. Contact Henry Bogdan, Public Policy Director, for more information.

Particular situations may require legal interpretations - This document is not intended as a legal opinion or legal advice.

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