Loosened Hatch Act restrictions under Trump administration easement

The Hatch Act, a longstanding law designed to prevent federal employees from participating in political campaigns, has seen significant changes in its enforcement in recent times.

The Trump administration, in a shift from previous administrations, relaxed certain rules under the Hatch Act. This relaxation allowed federal employees to wear campaign paraphernalia, as long as the items were not in support of an individual who is actively running for office.

However, the Office of Special Counsel (OSC) has now reverted to its original stance. The OSC will once again refer Hatch Act violations against non-Senate confirmed political appointees in the White House to the president for disciplinary action. This decision comes after the Office of Special Counsel has rescinded a May 2024 advisory opinion put out under former Special Counsel Hampton Dellinger.

Dellinger, who was removed by the president in March, had implemented a year-round prohibition on wearing campaign items in the workplace. The OSC, in its conclusion, states that this year-round prohibition rule creates too great a burden on First Amendment interests and must be discarded.

The changes in enforcement have sparked debates among legal experts. Stephanie Rapp-Tully, an attorney who specializes in federal employment law, emphasizes the importance of federal employees understanding that the Hatch Act still exists. She suggests that federal employees could wear "Make America Great Again" gear and items supporting 2024 Democratic presidential candidate Kamala Harris, but only after the candidate has left the race.

The changes in enforcement have also led to uncertainties. If a Hatch Act violation is found for items like a Harris hat, and discipline is issued, it could open up the way for litigation because it is unclear. Hatch Act penalties can include removal, being barred from federal employment for up to five years, or a civil penalty of up to $1,000.

It's worth noting that the three-member Merit Systems Protection Board (MSPB) currently lacks a quorum. This means that there may be delays in the resolution of Hatch Act cases, as the MSPB is responsible for hearing appeals of disciplinary actions taken against federal employees for Hatch Act violations.

The absence of a clear overseer for the enforcement of the Hatch Act also adds to the uncertainties. Despite the search results not providing this information, it remains unclear who currently oversees the enforcement of the Hatch Act.

In the midst of these changes, it is crucial for federal employees to stay informed and adhere to the guidelines set by the Hatch Act to maintain a non-partisan federal workforce.