The Hatch Act of 1939

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The Hatch Act of 1939 Under Hatch Act of 1939, federal employees, employees of the District of Columbia (D.C.) government, and certain state and local government employees faced significant restrictions on their ability to participate in political activities and placing ceilings on campaign expenditures. The act is named for its author, Senator Carl Atwood Hatch (1889-1963) of New Mexico. (There was an earlier Hatch Act (1887), named for Representative William Henry Hatch (1833-96) of Missouri, concerned the study of scientific agriculture.) The Hatch Act of 1939 passed following several big corruption cases involving the burgeoning post-New Deal bureaucracy, and was aimed at the civil service. But by its terms, it applies to almost anyone on the U.S. government payroll. Only the president, vice president, and appointees requiring Senate confirmation (such as Cabinet secretaries) are exempt. The original Hatch Act forbade government employees to raise funds, give partisan public speeches, or volunteer for any candidate or party. Among its provisions, the Hatch Act prohibited such practices as threatening, intimidating, or coercing voters in national elections; made it illegal for administrators in U.S. civil service to interfere with the nomination and election of candidates to federal office; proscribed the practices of promising and withholding certain kinds of employment and unemployment relief as a reward or punishment for political activity; and prohibited the solicitation of political contributions from relief recipients. Enforcement of the Hatch Act was always erratic, and there was no serious attempt to apply its general ban on politicking to the White H... ... middle of paper ... ...nce with the performance of the duties of the Federal employee or create a conflict, or apparent conflict, of interest. The OSC receives and investigates complaints of Hatch Act violations. When warranted, the OSC will prosecute violations before the Merit Systems Protection Board. When violations are not sufficiently egregious to warrant prosecution, the OSC may issue a warning letter to the employee involved. Violations of Hatch Act provisions applicable to federal employees are punishable by removal, or a minimum 30-day suspension without pay. Violations of Hatch Act provisions applicable to covered state and local employees are punishable by removal, or, if the agency refuses to remove the employee, by forfeiture by the affected state or locality of federal assistance equal to two years of the charged employee's salary.

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