THE HATCH ACT OF 1939
The Hatch Act of 1939 limits certain political activities of federal employees who work in connection with federally funded programs. The law ensures federal programs are administered in a nonpartisan fashion, protects federal employees from political coercion in the workplace, and ensures federal employees are promoted on merit and not political affiliation.
The Hatch Act protects military members and civilian employees from coercion or other detrimental actions caused by political association, and it’s important to know which rules apply to you. Application of the rules varies depending on an employee’s position or office.
Permitted and Prohibited Activities for ACTIVE DUTY
AND SELECTED MARINE CORPS RESERVE MEMEBERS
Active Duty encompasses full-time duty in the active military service of the United States, regardless of duration or purpose. This includes full-time training duty, annual training duty, and attendance at schools designated as service schools by law or by the secretary concerned. For the Marine Corps, Active Duty specifically refers to full-time service within the Marine Corps, including those in the Selected Marine Corps Reserve (SMCR) who may be called to active duty for training or operational needs.
Permitted Activities:
May register, vote, and express a personal opinion on a political candidate and issues in a personal capacity.
May attend partisan and nonpartisan political fundraising activities in civilian clothes and in a private capacity.
May make a monetary contribution to a political party or candidate running for partisan political office.
May engage in nonpartisan political activity, including issue-oriented campaigns (i.e., tax reform, healthcare).
May assist an elderly neighbor vote by providing her with transportation to the polls on Election Day.
May sign a petition for legislative action if the signing is done in your personal capacity.
May park a personal vehicle with one partisan political bumper sticker in a government parking lot.
May write a letter to the editor, in your personal capacity, expressing your personal opinion on a candidate running for partisan political office.
May place a campaign sign in the yard of your home (not on a military installation).
May join a partisan or nonpartisan club and attend meetings in civilian clothes.
May express personal views on public issues or candidates running for partisan political office on a personal social media platform via personal accounts on social media platforms, making no reference to DoD position.
May "follow," "friend," or "like" a political party or candidate running for partisan office on a social media platform.
Prohibited Activities:
May not attend partisan and nonpartisan political fundraising activities in military uniform.
May not volunteer to work on a campaign of a candidate running for partisan political office.
May not engage in political activity in a federal building.
May not use your official position or influence to solicit votes for a candidate running for partisan political office, from your coworkers.
May not be listed as a sponsor of a partisan political group.
May not speak before a partisan political gathering.
May not participate in radio/TV/other program as an advocate for or against a partisan political party, candidate running for partisan political office, or cause.
May not march or ride in a partisan political parade.
May not participate in an organized effort to provide voters with transportation to polls if associated with a partisan political party or candidate.
May not work or stand at the polls for a candidate running for partisan political office or political party on Election Day.
May not solicit, accept, or receive political contributions.
May not use official email or government furnished equipment to engage in political activity.
May not "share," or "re-tweet" links from the account of a candidate for partisan political office on your social media account.
Permitted and Prohibited Activities
for Most Federal Employees
Generally, federal employees, unless further restricted*, may actively participate in political management and political campaigns. Accordingly, these employees may engage in “political activity” on behalf of a political party or partisan political group (collectively referred to as “partisan groups”) or candidate in a partisan election as long as it is not on duty or in the workplace. Political activity refers to any activity directed at the success or failure of a partisan group or candidate in a partisan election.
Permitted Activities:
May be candidates in non-partisan elections.
May register and vote as they choose.
May assist in voter registration drives.
May contribute money to partisan groups and candidates in partisan elections.
May attend political fundraisers.
May attend and be active at political rallies and meetings.
May join, be active, and hold office in partisan groups.
May sign and circulate nominating petitions.
May campaign for or against candidates in partisan elections.
May make campaign speeches for candidates in partisan elections.
May distribute campaign literature in partisan elections.
May campaign for or against referendum questions, constitutional amendments, or municipal ordinances.
May express opinions about political issues.
May express opinions about partisan groups and candidates in partisan elections while not at work or using official authority.
Prohibited Activities:
May not be candidates in partisan elections.
May not use official authority to interfere with an election or while engaged in political activity.
May not invite subordinate employees to political events or otherwise suggest that they engage in political activity.
May not knowingly solicit or discourage the political activity of any person with business before the agency.
May not solicit, accept, or receive political contributions (including hosting or inviting others to political fundraisers) unless both persons are members of the same federal labor or employee organization, the person solicited is not a subordinate employee, the solicitation is for a contribution to the organization’s political action committee, and the solicitation does not occur while on duty or in the workplace.
May not engage in political activity while on duty in the workplace, wearing a uniform or official insignia, or in a government vehicle. For example:
May not wear, display, or distribute partisan materials or items.
May not perform campaign-related chores.
May not make political contributions.
May not use email or social media to engage in political activity.
*All career SES employees, ALJs, and employees identified at 5 U.S.C. § 7323(b)(2)(B)-(3) are further restricted.
Best Practices for Social Media Use
Political Activity and Election-Related Content
Avoid Endorsements: Do not endorse or oppose political candidates, parties, or ballot measures on social media, whether in official or personal capacities.
No Campaign Activities: Refrain from engaging in any campaign activities, such as fundraising or volunteering, through social media channels.
Uniform and Official Positions: Avoid posting content related to political matters while in uniform or using any official military titles or affiliations.
Personal Social Media Accounts
Use Disclaimers: Clearly state that opinions expressed are personal and do not represent the views or policies of the Department of Defense or the military branch. For example, include a disclaimer such as “The views expressed here are my own and do not reflect the official position of the Department of Defense or the [Branch of Service].”
Privacy Settings: Regularly review and adjust privacy settings to ensure control over who can view and interact with your posts, minimizing the risk of accidental political endorsements.
Professional Conduct
Maintain Professionalism: Keep your social media content professional and avoid posting anything that could be perceived as unprofessional or offensive.
Respectful Communication: Engage in discussions respectfully and avoid inflammatory or controversial statements, particularly on political topics.
Compliance with DoDD 1344.10
Adhere to Regulations: Follow all directives outlined in DoDD 1344.10 regarding political activities, ensuring that your social media usage does not violate military policies.
No Official Endorsements: Do not use social media platforms to officially endorse or oppose any political figures or causes, and avoid making statements that could be interpreted as reflecting official military views.
Training and Awareness
Stay Informed: Participate in regular training on social media policies and compliance with military directives. Stay updated on any changes to regulations or guidelines.
Consult Policies: Refer to official military and DoD social media policies to ensure all posts and activities are in alignment with current rules and expectations.
Reporting and Accountability
Report Violations: If you come across any social media posts or activities that may be in violation of military regulations, report them through the appropriate channels.
Monitor Content: Regularly monitor your social media presence to ensure continued compliance with military guidelines and take corrective action if necessary.
Content Creation and Sharing
Be Cautious with Sharing: Avoid sharing or reposting content that may have political undertones or could be construed as political endorsement.
Verify Sources: Ensure the accuracy of any information before posting or sharing to avoid spreading misinformation, particularly on sensitive or politically charged topics.
CLASSIFICATION: UNCLASSIFIED//
ROUTINE
R 171606Z JUL 24 MID600117517684U
FM SECNAV WASHINGTON DC
TO ALNAV
INFO SECNAV WASHINGTON DC
CNO WASHINGTON DC
CMC WASHINGTON DC
BT
UNCLAS
ALNAV 061/24
MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JUL//
SUBJ/GUIDANCE ON POLITICAL ACTIVITIES OF DEPARTMENT OF THE NAVY PERSONNEL//
REF/A/DOC/DOD DIRECTIVE 1344.10/19FEB08//
REF/B/LTR/DEPSECDEF/15FEB24//
REF/C/DOC/10 U.S.C. SECTION 801 ET SEQ.//
REF/D/DOC/5 U.S.C. SECTIONS 7321-7326//
REF/E/DOC/DODI 1334.01/13JUL21//
REF/F/DOC/5 C.F.R. PARTS 733-734//
REF/G/DOC/5 C.F.R. PART 2635//
REF/H/DOC/DOD DIRECTIVE 5400.17/24JAN23//
REF/I/DOC/32 C.F.R. PART 234//
REF/J/DOC/DODD 1442.11/08NOV2021
NARR/REF A IS THE DOD DIRECTIVE ON POLITICAL ACTIVITIES BY MEMBERS OF THE
ARMED FORCES.
REF B IS THE DEPUTY SECRETARY OF DEFENSE MEMORANDUM ON POLITICAL ACTIVITIES.
REF C IS THE UNIFORM CODE OF MILITARY JUSTICE.
REF D IS THE HATCH ACT.
REF E IS THE DOD INSTRUCTION WEARING OF THE UNIFORM.
REF F IS POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES.
REF G IS THE STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE
BRANCH.
REF H IS DOD DIRECTIVE ON USE OF SOCIAL MEDIA.
REF I IS CONDUCT ON THE PENTAGON RESERVATION.
REF J IS PARTICIPATION OF DOD POLITICAL APPOINTEES IN POLITICAL ACTIVITY.//
RMKS/1. The Department of the Navy (DON) celebrates democracy and is
committed to continuing to support and defend the Constitution of the United
States, as our Sailors, Marines, and civilian personnel have done for nearly
250 years. Now that the 2024 election season is upon us, it is more
important than ever for us to remember that the DON is an apolitical body and
our members cannot participate in activities that could appear to imply
sponsorship, approval, or endorsement of a political candidate, campaign, or
cause. Public trust and confidence depend on this.
2. I encourage all DON Service Members and civilian employees to carry out
the obligations of citizenship, including participation in the electoral
process. As the Deputy Secretary of Defense stated in reference (b), it is
imperative that each of us is aware of the difference between permitted and
prohibited activities. For DON Service Members, reference (a) provides a
non-exhaustive list of permissible and prohibited activities, and is a
punitive lawful general regulation, violations of which are punishable under
Article 92 of reference (c). For civilian employees, the Hatch Act,
reference (d), governs permissible and prohibited political activities.
Restrictions vary depending on a civilian employee's position or office.
Department of Defense (DoD) policy further restricting the political
activities of certain political appointees is addressed in reference (j).
3. To ensure that DON Service Members and civilians are aware of their
obligations regarding political activities, commanding officers and
supervisors at all levels are directed to provide training to their personnel
on references (a) and (d), which must include briefing on the permissible and
impermissible activities listed in paragraphs 4 through 6 of this message.
This training must be completed by 15 September 2024. In the event
operational requirements prohibit the conduct of the training by this date,
extension requests must be submitted through the first General or Flag
Officer in the chain of command, via Chief of Naval Personnel/Deputy
Commandant (Manpower and Reserve Affairs) and ultimately to the Assistant
Secretary of the Navy for Manpower and Reserve Affairs for adjudication.
4. Service Members
a. Reference (a) distinguishes restrictions on political activities
between members on active duty, Reserve members not on active duty, and
retired members.
b. Active duty includes the following: full-time training duty, annual
training duty, and attendance while in the active military service at a
school designated as a Service school.
c. All Service Members shall not:
(1) Act in a manner that could reasonably create the perception or
appearance of official sponsorship, approval, or endorsement by the DoD or
the DON;
(2) Use government equipment for political activities;
(3) Send or forward political emails or post political messages to a
social media account while in the federal workplace (including telework),
even if the individual uses their personal electronic device; and
(4) Provide support, in their official capacity, to political
campaign events (e.g., color guard, band, musician singing the National
Anthem, etc.).
d. All Service Members may:
(1) Register, vote, and express a personal opinion on political
candidates and issues, but not as a representative of the Armed Forces;
(2) Promote and encourage others to exercise their voting franchise
if such does not constitute use of their official authority or influence to
interfere with the outcome of any election;
(3) Join a partisan or nonpartisan political club and attend its
meetings when not in uniform;
(4) Serve as an election official if such service is not as a
representative of a partisan political party, does not interfere with the
performance of military duties, is performed when not in uniform, and the
Secretary of the Navy has given prior approval;
(5) Sign a petition for a specific legislative action or a petition
to place a candidate's name on an official election ballot, if the signing
does not obligate the member to engage in partisan political activity and is
done as a private citizen and not as a representative of the Armed Forces;
(6) Write a letter to the editor of a newspaper expressing the
Member's personal views on public issues or political candidates if such
action is not part of an organized letter-writing campaign or a solicitation
of votes for or against a political party or partisan political cause or
candidate. If the letter identifies the Member as on active duty (or if the
Member is otherwise reasonably identifiable as a member of the Armed Forces),
the letter should clearly state that the views expressed are those of the
individual only and not those of the DoD;
(7) Make monetary contributions to a political organization, party,
or committee favoring a particular candidate or slate of candidates, subject
to the limitations of campaign finance law and the limitations against
campaign solicitations in the federal workplace;
(8) Display one political bumper sticker on the Member's privately
owned vehicle;
(9) Attend partisan and nonpartisan political fundraising activities,
meetings, rallies, debates, conventions, or activities as a spectator when
not in uniform and when no inference or appearance of official sponsorship,
approval, or endorsement can reasonably be drawn;
(10) Participate fully in the Federal Voting Assistance Program;
(11) Express personal views on social media that do not promote the
success or failure of a partisan political candidate or party; and
(12) "Friend," "like," or "follow" a social media page or the social
media account of a political party or partisan candidate, campaign, group, or
cause.
e. Service Members on active duty shall not:
(1) Participate in partisan political fundraising activities (except
as permitted in subparagraph 3.d.), rallies, conventions (including making
speeches in the course thereof), management of campaigns, or debates, either
on one's own behalf or on that of another, without respect to uniform or
inference or appearance of official sponsorship, approval, or endorsement.
Participation includes more than mere attendance as a spectator;
(2) Use official authority or influence to interfere with an
election, affect the course or outcome of an election, solicit votes for a
particular candidate or issue, or require or solicit political contributions
from others;
(3) Allow or cause to be published partisan political articles,
letters, or endorsements signed or written by the member that solicits votes
for or against a partisan political party, candidate, or cause. This is
distinguished from a letter to the editor as permitted under the conditions
noted in subparagraph 3.d.(6).
(4) Serve in any official capacity with or be listed as a sponsor of
a partisan political club;
(5) Speak before a partisan political gathering, including any
gathering that promotes a partisan political party, candidate, or cause;
(6) Participate in any radio, television, or other program or group
discussion as an advocate for or against a partisan political party,
candidate, or cause;
(7) Conduct a political opinion survey under the auspices of a
partisan political club or group or distribute partisan political literature;
(8) Perform clerical or other duties for a partisan political
committee or candidate during a campaign, on an election day, or after an
election day during the process of closing out a campaign;
(9) Solicit or otherwise engage in fundraising activities in federal
offices or facilities, including military installations, for any political
cause or candidate;
(10) March or ride in a partisan political parade;
(11) Display a large political sign, banner, or poster (as
distinguished from a bumper sticker) on a private vehicle;
(12) Display a partisan political sign, poster, banner, or similar
device visible to the public at one's residence on a military installation,
even if that residence is part of a privatized housing development;
(13) Participate in any organized effort to provide voters with
transportation to the polls if the effort is organized by or associated with
a partisan political party, cause, or candidate;
(14) Sell tickets for or otherwise actively promote partisan
political dinners and similar fundraising events;
(15) Attend partisan political events as an official representative
of the Armed Forces;
(16) Make a campaign contribution to, or receive or solicit (on one's
own behalf) a campaign contribution from, any other member of the Armed
Forces on active duty; and
(17) Promote the success or failure of a partisan political candidate
or party on social media, which includes posting or distributing direct links
to a political party, candidate, campaign, or cause or suggesting that others
like, friend, or follow the political entity.
(18) Additional restraints on impermissible activities can be found
in reference (a). Activities not expressly prohibited may be contrary to the
spirit and intent of reference (a). Any activity that may be reasonably
viewed as directly or indirectly associating the DoD, or any component, with
a partisan political activity shall be avoided.
f. Reserve members not on active duty and retired members:
Per reference (a), while Reserve members not on active duty, as defined in
3.b., and retired members are not subject to the prohibitions of paragraph
3.e., they still shall not:
(1) Use their military rank, job title, and photographs in uniform in
campaign literature (including web sites, videos, television, and
conventional print advertisements) to imply DoD or DON endorsement;
(2) Use or allow the use of photographs of themselves in uniform in
campaign literature, unless: (1) such photographs are not the primary
graphic representation; and (2) are accompanied by a prominent and clearly
displayed disclaimer that neither the military information nor photograph
implies endorsement by the DoD or the DON;
(3) Depict themselves in campaign literature or in uniform in a
manner that does not accurately reflect their actual performance of duty
(i.e., reserve or retired status);
(4) Use the official Navy or Marine Corps seals or emblems in
campaign literature; and
(5) On social media, act in a manner that could reasonably create the
perception or appearance of official sponsorship, approval, or endorsement by
the DoD or DON.
g. Article 88, UCMJ, reference (c), prohibits contemptuous speech by any
commissioned officer directed at the President, the Vice President, Congress,
the Secretary of Defense, the Secretary of a Military Department, the
Secretary of Homeland Security, or the Governor or legislature of any State,
Commonwealth, or possession in which the officer is on duty or present.
5. DoD civilians
a. Reference (d), the Hatch Act, governs participation in political
activities by DoD civilians. DoD policy further restricting the political
activities of certain political appointees is addressed in reference (j).
These restrictions vary depending on an employee's position or office. There
are two sets of restrictions for civilian employees: those for Less
Restricted employees and those for Further Restricted employees.
b. Further Restricted employees include individuals appointed by the
President and confirmed by the Senate, career Senior Executive Service (SES)
employees, and non-career SES employees, Contract Appeals Board members, or
employees of the National Security Agency, Defense Intelligence Agency, or
National Geo-Spatial-Intelligence Agency.
c. Less Restricted employees include DoD civilian employees and Schedule
C political appointees.
d. All DON civilians (Less and Further Restricted) shall
not:
(1) Use or permit the use of their government position or title, or
any authority associated with their public office, in a manner that could
reasonably be construed to imply that their agency or the government
sanctions or endorses their personal activities or those of another.
(2) Use government equipment for political activities;
(3) Send or forward political emails or post political messages to a
social media account while in the federal workplace (including telework),
even if the individual uses their personal electronic device; and
(4) Solicit, accept, or receive political contributions.
e. All DON civilians may:
(1) Express their personal opinions;
(2) Make monetary contributions to a campaign; and
(3) Attend, but not actively participate in, campaign events or
fundraising functions sponsored by candidates for partisan political office
or political parties, in their personal capacity.
(4) Work as an election judge or poll watcher for the city or county
on Election Day.
(5) Work or stand at the polls, for a political party or candidate,
on Election Day.
f. Less Restricted DON civilians may:
(1) Volunteer with a political campaign or political organization in
their personal capacity, including organizing political rallies and meetings,
making phone calls on behalf of a candidate, serving as a delegate to a party
convention, and working for a political party to get out the vote on Election
Day; and
(2) Work or stand at the polls, for a political party or candidate,
on Election Day.
g. Further Restricted DON civilians. In addition to the restrictions of
paragraph 6.d, Further Restricted DON civilians shall not:
(1) Volunteer or work on a campaign of a candidate running for
office; and
(2) Work or stand at the polls, for a political party or candidate,
on Election Day.
6. Contractors
a. Although not subject to the prohibitions contained in references (a)
through (h), contractors are subject to any general restrictions imposed by
installation commanders on political activities on government property.
b. In the case of contractors within the Pentagon reservation,
restrictions on political activities are imposed by the Washington
Headquarters Service pursuant to reference (i).
c. Individual contracts may contain further restrictions on political
activities. DON personnel may obtain information regarding any restrictions
on contractors in their workplace by contacting the appropriate contracting
officer or their representative.
7. Released by the Honorable Carlos Del Toro, Secretary of the Navy.//
BT
#0001
NNNN
CLASSIFICATION: UNCLASSIFIED//