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News | April 4, 2024

Political activity: Federal law, DOD rules dictate employee do’s and don’ts

By Beth Reece

Displaying a political bumper sticker or banner in one’s workspace is a violation of federal law, but that doesn’t mean federal employees are barred from all political activities, the Defense Logistics Agency’s ethics program manager said.

“There’s actually a lot that people can do although there are some restrictions on what’s acceptable and where those things can take place,” Associate General Counsel Maria Delimata said.

The bumper sticker not allowed in federal workspaces, for example, can be displayed on a personal vehicle parked in a government parking lot – with a caveat: Only one sticker is allowed per vehicle.

Political activities by federal employees are regulated by the Hatch Act, which breaks the workforce into two categories: less restricted and further restricted. Most of DLA’s workforce is less restricted, Delimata said, while the rest – mostly members of the senior executive service – are further restricted.

Political activities include any action directed toward the success or failure of a political party, partisan political group or candidate for partisan political office. The Hatch Act doesn’t pertain to voting, however, which Delimata said all employees can and should do.

“Everybody, regardless of which category they’re in, can give money to a political party or candidate, go to rallies, sign nominating petitions and do things like follow political social media pages using personal accounts,” Delimata said. “But the main takeaway here is that they can’t do these things on government time or in government space.”

While employees may “like” a political ad while on their lunch break if they’re working from home, they can’t if having lunch in a government building, whether they’re in a workspace or a location such as a break room, gym or cafeteria.

Some acceptable activities for less restricted employees while off duty and away from a government facility include:

  • Volunteering to work on the campaign of a candidate running for political office.
  • Serving as an election judge for a city or county.
  • Working or standing at the polls for a candidate on Election Day.
  • Wearing clothing or accessories bearing political slogans or statements.
  • Writing a letter to an editor or presenting a speech, in a personal capacity, that endorses a candidate running for office.

The main differences for further restricted employees include not being permitted to work on political campaigns, or work or stand at the polls for a candidate on Election Day.

Violations should be reported to ethics counselors at DLA major subordinate commands or DLA Headquarters. Cases are sent to the U.S. Office of Special Counsel for investigation.

“Nine times out of 10, it’s not a violation,” Delimata said.

The Hatch Act was created in 1939 to protect federal employees from political coercion in the workplace, to ensure employees are advanced based on merit rather than political affiliation, and to ensure activities of the federal government are carried out in a nonpartisan fashion.

Servicemembers

Guidelines for military members are outlined in Defense Department Directive 1344.10, “Political Activities by Members of the Armed Forces on Active Duty.” Most restrictions for further restricted employees also apply to servicemembers, who must avoid appearances that their political activities imply DOD sponsorship, approval, or endorsement of a political candidate, campaign, or cause.

Military members are also barred from giving political speeches or serving in any official capacity of political groups. And all federal employees and servicemembers are prohibited from soliciting, accepting or receiving contributions.

Consequences of violating federal and DOD laws on political activities range from a 30-day suspension without pay to removal from federal service. Military members are subject to disciplinary action. 

More information on the do’s and don’ts of political activity is available at DLA’s Hatch Act Guidance page.