The Hill News

Recently legislation was introduced that would amend the Hatch Act. First enacted in 1939 and amended several times, the Act restricts the political activities of federal, state and local government employees. One of its restrictions prohibits state and local employees from running for political office, a prohibition that the legislation would relax. While appearing to be limited in application, the Hatch Act turns up in some interesting ways.

It is important to note the basis for the Hatch Act. Today most of the focus is on the Act’s prohibitions from the perspective of what the government employee is prohibited from doing. But in fact, the Act was in large part designed to protect the employee from being forced into political activity to benefit his or her superiors. For example, the reason the Act bars government employees from making political contributions to their superiors is to protect the employee from being coerced into contributing, for example, in! exchange for continued employment.

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