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Does the Hatch Act allow executive-branch employees to make partisan political statements in their private capacities?

Sunday, November 15, 2020
By Jacob Alabab-Moser
YES

Political appointees in the executive branch are subject to Hatch Act rules governing "further restricted" federal employees. They are allowed to express opinions about candidates and issues, but only in a fully private capacity. They cannot partake in politically active expression while on duty or in a federal facility, according to the Office of Special Counsel, which oversees federal personnel policies.

The "further restricted" guidelines, moreover, "preclude active participation in political management or partisan political campaigns, even off-duty," according to Justice Department guidelines.

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