The Hatch Act restricts the political activities of government employees to ensure a nonpartisan federal workforce.
In an update to enforcement of the Hatch Act, the U.S. Office of Special Counsel (OSC) on May 20 issued new guidelines aimed at clarifying and tightening the rules governing political activities by federal employees.
The Hatch Act restricts the political activities of government employees to ensure a nonpartisan federal workforce. The Act has seen evolving interpretations and enforcement mechanisms since its enactment in 1939.
The new advisory opinion from the OSC head Hampton Dellinger outlines several key changes that will impact how these regulations are applied, particularly concerning White House personnel and the display of political items in federal workplaces. Mr. Dellinger was recently confirmed by the U.S. Senate and took office in March 2024, with prior work overseeing the U.S. Department of Justice Office of Legal Policy.
Mr. Dellinger in an opinion piece published in Politico on May 20, noted that the updates are meant to target a loophole that has allowed senior White House personnel to evade full compliance with the Hatch Act.
He noted that the changes mark a decisive move to ensure that the law’s restrictions on political activities apply uniformly across all federal employees, including top White House staff.
Mr. Dellinger emphasized the importance of balancing robust Hatch Act enforcement with protecting federal employees’ speech rights.
“While this Advisory Opinion updates OSC’s approach to Hatch Act enforcement in certain areas, it is important to note what remains unchanged,” the advisory opinion announcing the changes stated. “OSC will continue to provide extensive training, education, and advice to inform federal agencies and employees of Hatch Act obligations. Relatedly, OSC continues to encourage government workers to come into immediate compliance once alerted of violations. Quickly remedied and minor violations often can be addressed and closed through warnings from OSC rather than a filed case.”
Enforcement Actions and White House Personnel
The OSC has announced a shift in how it handles Hatch Act violations by White House commissioned officers and other senior staff.
By Chase Smith
