WASHINGTON, D.C. – The 2024 national election campaign season is already moving into high gear across our nation. It is important for all federal employees to remember the applicable statutory restrictions on political activity imposed by the Hatch Act. On Sept. 25, 2019, USDA issued a Hatch Act guidance memorandum to all employees via a departmental e-mail. Additionally, USDA also issued a 2020 Hatch Act Guidance Refresher Memorandum, dated January 23, 2020. Both of these documents can be found here.

Resources available to help you learn more about the Hatch Act

To further assist USDA employees, we are sending out this refresher notice to all employees about the Hatch Act and the resources readily available to you for obtaining answers to questions about personal political activities. There are several resources available to all USDA employees:

• All employees are encouraged to direct any questions about the Hatch Act to the USDA Office of Ethics at its “Hatch Act Hotline” (202) 720-2251 or via e-mail at daeo.ethics@usda.gov

• Additionally, employees can readily locate the Office of Ethics advisors assigned to service their Mission Areas at: www.ethics.usda.gov

• Further information about the Hatch Act can be found on the USDA Ethics App (you can search “USDA Ethics” and download the App on any smart phone)

• Also, you can view several short videos about the Hatch Act located on the Video Section of the USDA Ethics App as well as on USDA’s official YouTube page¹

Overview of the Hatch Act Rules: determining if you are “Less restricted” or  “Further restricted”

    1- The rules for “Less restricted” employees :

Although all Executive Branch employees are covered by the Hatch Act, not all employees are covered by the same restrictions. The majority of USDA employees are considered under the Hatch Act to be “Less Restricted” and may engage in political activity while off-duty, outside of Federal buildings, out of uniform, and without using their USDA position title or Federal resources. The “Less Restricted” category includes all GS-level, SL and ST career employees, and all political appointees. Those employees who wish to volunteer for political campaigns should seek prior guidance on the relevant rules by contacting the Office of Ethics at (202) 720-2251 or via e-mail at: daeo.ethics@usda.gov. Senate-confirmed Presidential appointees are also “Less restricted”; and because the set of rules governing these officials are more complex, those officials should seek further guidance from the Office of Ethics prior to engaging in political activities.

    2- The rules for “Further restricted” employees (Career-SES and ALJs)

The rules apply more stringently to certain senior employees, such as those employees in career Senior Executive Service positions and Administrative Law Judges. Because of their leadership positions as the most senior career officials within the Executive Branch, SES and ALJs are considered under the Hatch Act to be “Further restricted” and may not engage in certain political activities, even on their own time. Career SES and ALJs interested in learning more are encouraged to contact the Office of Ethics.

    3- Volunteering for a political campaign in your personal capacity off-duty

Under the Hatch Act, if you are a “less restricted” employee, you are permitted to volunteer for a political campaign of your choice, provided that you are:

• Off-duty

• Outside of a Federal building

• Not using government resources, government e-mails, or computer equipment

• Not soliciting or receiving campaign contributions

• Not wearing an official USDA insignia or apparel with government insignia (such as a Forest Service uniform or an FSA or RD polo shirt)

* Important Note: You cannot enlist your subordinate employees to assist in any partisan political campaign.

Volunteer activities for employees who are “Less restricted” could include:

• An active part in managing or volunteering on a political campaign

• Serving as an officer of a political party or other political group, or as a member of a national, state, or local committee of a political party

• Canvassing for votes in support of, or in opposition to, a political candidate

• Addressing a convention, rally, caucus, or similar gathering of a political party in support of, or in opposition to, a partisan candidate for public office

• Assisting in “get out the vote” partisan phone banks

• Attending political fundraisers, but not soliciting political contributions

• Distributing campaign literature in partisan elections

• Assisting in voter registration drives

• Circulating nominating petitions

Please remember, these allowances apply only to employees who are volunteering in their personal capacity, on their own time, and not in a Federal building. USDA Employees must not enlist subordinate employees to assist any partisan political campaign. Additionally, employees who are “Further Restricted” (career SES and Administrative Law Judges) cannot volunteer to assist any partisan political campaign.

    4- Restrictions on political contributions and fundraising

• Federal employees are prohibited from soliciting political contributions from any person or organization at any time. The restriction against political fundraising is a complete ban on a 24/7 basis. This means, for example, that you:

  • Cannot host a political fundraiser at your personal residence

  • Cannot solicit donations to a Campaign, Political Party or Political Action Committee

  • Cannot join a host committee (or permit your name to be used) for a fundraising event

  • Cannot send or forward campaign fundraising e-mails, solicit campaign donations on Facebook, or retweet fundraising solicitations that you may receive to others

'NOTE: If you choose to, you can always contribute your own personal funds to political candidates, parties, or groups and may attend political fundraisers in your personal capacity.

    5- Social media and the Hatch Act

You must be especially vigilant to comply with the Hatch Act when using social media while in the workplace, on duty or anytime while using your USDA e-mail account or using government-issued computer equipment or communications devices.

For Social Media, this means:

• Don't post, like, share or retweet a message or comment in support of or opposition to a political party, candidate or partisan political group while you are on official duty or are in the workplace, even if your social media account is private

• Never post, like, share or retweet a message or comment to solicit a political contribution for a political party, candidate in a partisan race or partisan political group

• Never use your official authority or government social media resources (including government e-mail and twitter accounts) to post, like, share or retweet a message or comment to influence the outcome of an election

When in doubt, contact the USDA Office of Ethics for the latest Hatch Act guidance.

    6- Other Hatch Act limitations

As a Federal employee, you cannot:

• Run as a candidate in a partisan political election for a Federal, State, or local elected office

• Use your official authority or influence for the purpose of interfering with or affecting the result of an election (e.g., using your official title when participating in political activity, using your authority to coerce another to participate in political activity or soliciting or receiving services from a subordinate for any political purpose)

• Knowingly solicit or discourage the participation in any political activity of any person who has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before the staff member's office

• Knowingly solicit or discourage the participation in any political activity of any person who is the subject of, or a participant in, an ongoing audit, investigation, or enforcement action being carried out by your office

• Coerce any Federal employee to engage in or not engage in any political activity

• You cannot wear any campaign apparel into the office or while you are on duty. This means, for example, that when you are on duty or in the Federal workplace, you cannot wear any campaign buttons, stickers, ballcaps or t-shirts with political campaign messages, slogans, logos or items purchased from a political campaign’s website

• You cannot display pictures of candidates for partisan political office in your Federal office or in a Federal building, unless it is a personal photo and all of the following apply:

  • The photograph was on display in advance of the election season

  • The employee is in the photograph with the candidate

  • The photograph is a personal one (i.e., taken at a personal event or function such as a wedding, and not at a campaign event or other partisan political event)

  • The employee must not have a political purpose for displaying the photograph, namely promoting or opposing a political party or a candidate for partisan political office

This memorandum summarizes highlights of the Hatch Act rules. Direct any questions to the Office of Ethics at (202) 720-2251 or at daeo.ethics@usda.gov. Additionally, employees can direct any questions to the Office of Ethics advisors assigned to service their Mission Areas at: www.ethics.usda.gov.

¹As a resource readily available to employees on demand, the USDA Office of Ethics has created three short videos on USDA’s Official YouTube site:

1. The Hatch Act Rules for USDA Employees, at https://www.youtube.com/watch?v=iHv0cpmJqN8

2. Hatch Act and Social Media, at https://www.youtube.com/watch?v=oR0QQjCMLQo

3. Hatch Act Rules for Further Restricted Employees (career-SES), at https://www.youtube.com/watch?v=Ri_X-ULU_zs