The Hatch Act is the 1939 federal law that limits partisan political activity by executive branch employees, and in October 2026 it sits at the center of complaints against most of President Trump’s cabinet. A New York Times count published Oct. 28 put nine or more of the 15 department heads among those formally accused of breaking it. So what is the Hatch Act, and what does it actually forbid?
In short, it lets most federal workers take part in politics on their own time while barring them from turning a government job into a campaign tool. It does not touch the President or Vice President at all. And it gives Senate-confirmed policy officials, including cabinet secretaries, more room than anyone else on the federal payroll, with one limit they can never set aside.
None of the 2026 complaints has been decided. The officials and their departments reject them as politically motivated, and many say their appearances were made in a personal capacity; our overview of the cabinet complaints sets out each response.
Where it stands: The Office of Special Counsel, or OSC, the federal agency in charge of enforcement, had not announced a finding on any 2026 campaign complaint by Oct. 28.
What is the Hatch Act, in plain terms?
It is a set of rules in Title 5 of the U.S. Code, sections 7321 through 7326, governing how federal employees may take part in elections. Congress framed it as protecting participation, not suppressing it: the law opens by saying employees should be encouraged to exercise “their right to participate or to refrain from participating in the political processes of the Nation.”
The key term is political activity, which federal regulations define as “an activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group.” Nonpartisan civic work, such as a ballot question or a school board race that is nonpartisan, generally falls outside it.
Why did Congress pass the Hatch Act in 1939?
Because of fears that New Deal relief jobs were being traded for votes. A Senate report from 2012 says the law answered concern that people running relief programs “might use their powers for partisan ends.” TIME has noted that a Senate campaign expenditures committee found that Works Progress Administration money and manpower were used for politics in 1938 in three states.
The bill’s formal name was “An Act to Prevent Pernicious Political Activities,” and its sponsor was Sen. Carl Hatch, a New Mexico Democrat. President Franklin Roosevelt signed it on Aug. 2, 1939. In his signing message, he said every government worker, “from the highest to the lowest,” kept the right to give the public factual information about government business, a line OSC quoted again in September 2026. A year later, in 1940, Congress extended the rules to state and local employees whose work is tied to federally funded activities.
The law has survived constitutional attack. In the 1973 Letter Carriers case, the Supreme Court upheld it, and OSC still describes its purpose as preventing “the use of federal power and taxpayer resources to shape electoral outcomes.”
Who does the Hatch Act cover, and who is exempt?
Nearly every civilian in the executive branch is covered; the President and Vice President are not. The statute defines a covered employee as any individual “other than the President and the Vice President” who works for an executive agency.
OSC says coverage reaches Postal Service workers and part-time staff, and continues during leave or furlough. It sorts employees into two groups. “Less restricted” employees, the large majority, may campaign actively off duty. “Further restricted” employees, who work in intelligence and enforcement agencies such as the FBI, the Secret Service and the Justice Department’s Criminal Division, may not take an active part in partisan campaigns at all, except for Senate-confirmed appointees in those agencies.
Senate-confirmed officials are covered too. OSC’s guidance says a presidential appointee confirmed by the Senate “is subject to the provisions of the Hatch Act,” even though some of them are freed from the on-duty limits described below.
What does the Hatch Act prohibit?
The bans fall into two kinds: things no covered employee may ever do, and things most employees may not do while working.
| Prohibited conduct | Who it binds |
|---|---|
| Using official authority or influence to affect an election | Every covered employee, at all times |
| Soliciting or accepting political contributions | Every covered employee, at all times |
| Running as a candidate in a partisan election | Every covered employee |
| Political activity on duty, at work, in uniform or in a government vehicle | Most employees; certain Senate-confirmed officials are exempt |
| Active partisan campaigning, even off duty | Further restricted employees only |
OSC lists “using their official titles or positions while engaged in political activity” as a standard example of misusing official authority. That is why titles and introductions come up again and again in complaints against senior officials.
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How did the 1993 and 2012 amendments change the law?
The 1993 amendments loosened the rules for ordinary workers; the 2012 law softened the penalties. Under the Hatch Act Reform Amendments, enacted Oct. 6, 1993, most federal employees gained the freedom to volunteer in partisan campaigns during their free time, away from the job and off federal property.
The Hatch Act Modernization Act, signed in December 2012, ended a rigid penalty scheme. Before it, an employee found in violation had to be removed unless the Merit Systems Protection Board unanimously chose a lesser penalty, which could be no less than 30 days’ suspension. The 2012 law created a range running from reprimand to removal and added a civil fine, which the statute caps at $1,000 and which inflation rules have since raised to $1,365. It also narrowed the ban on state and local employees seeking partisan office to those whose pay comes entirely from federal funds. Who can impose those penalties, and on whom, is covered in our penalties explainer.
How does the Hatch Act treat cabinet secretaries?
A cabinet secretary may campaign during work hours if taxpayers do not cover the political costs, but may never use the authority of the office to sway an election.
Section 7324 normally bars political activity while on duty or while using a government vehicle. Subsection (b) lifts those bars for Senate-confirmed officials who set national or foreign policy, provided the costs “are not paid for by money derived from the Treasury of the United States.” Nothing lifts Section 7323(a)(1), which forbids any covered employee to use “official authority or influence for the purpose of interfering with or affecting the result of an election.” In practice, that means a secretary can speak at a rally but should not do it as the secretary. Our Q&A on whether cabinet secretaries can campaign applies that line to real cases, and rank-and-file workers can find their own rules in our federal employee guide.
Why is the Hatch Act in the news in 2026?
Because complaints about senior officials campaigning have piled up before the Nov. 3 midterms, while OSC has gone through a leadership fight and a policy rewrite. Advocacy groups have filed complaints over cabinet members’ rally speeches, a deleted FBI video and taxpayer-funded TV ads. The officials named deny wrongdoing.
OSC’s own most recent big decision cut the other way from what complainants wanted. On Sept. 25, it declined to discipline anyone over partisan agency messages during the 2025 shutdown and said it “makes no final determination” about them. Our explainer on how OSC enforces the law covers that shift. As of Oct. 28, OSC had announced no ruling on any complaint filed against a senior official during the 2026 campaign.
Frequently Asked Questions
What is the Hatch Act in simple terms?
It is a 1939 federal law that lets most executive branch employees take part in politics on their own time while forbidding them to use their government jobs, titles or resources to help or hurt a party or candidate.
Does the Hatch Act apply to the president?
No. The statute leaves the President and Vice President out of its definition of a covered employee. It does apply to White House staff and to cabinet secretaries.
Can federal employees put up a yard sign or donate to a campaign?
Most can. Less restricted employees may give money, attend rallies and campaign off duty. No covered employee may solicit political contributions, and further restricted employees, such as FBI staff, may not campaign actively at all.
What happens if someone violates the Hatch Act?
Penalties range from a reprimand to removal from federal service, plus a civil fine capped at $1,000 in the statute, now $1,365 after inflation adjustment. For Senate-confirmed officials, only the president can impose discipline.
Why is it called the Hatch Act?
It is named for its sponsor, Sen. Carl Hatch, a Democrat from New Mexico. Its formal title was An Act to Prevent Pernicious Political Activities.
Sources
- 5 U.S.C. Chapter 73, Subchapter III: Political Activities (5 U.S.C. 7321-7326) — U.S. Government Publishing Office (govinfo), 2023 edition
- Senate Report 112-211, Hatch Act Modernization Act of 2012 — U.S. Senate Committee on Homeland Security and Governmental Affairs (govinfo), September 13, 2012
- Dan Scavino, Donald Trump, Hatch Act: History Behind the Law — TIME, April 3, 2017
- Federal Employee Hatch Act Information — U.S. Office of Special Counsel, accessed October 28, 2026
- Hatch Act FAQs — U.S. Office of Special Counsel, accessed October 28, 2026
- Hatch Act Assessment and Advisory: Partisan Agency Communications During the 2025 Lapse in Appropriations — U.S. Office of Special Counsel, September 25, 2026
- 5 CFR Part 734: Political Activities of Federal Employees — eCFR (Office of the Federal Register), current as of October 27, 2026
- 5 CFR 1201.126: Final decisions — eCFR (Office of the Federal Register), current as of October 27, 2026
- Cabinet Officials on the Campaign Trail? Ethics Experts Say Some Are Breaking the Law. — The New York Times, October 28, 2026
This article is news reporting and analysis based on the public sources listed above, as they stood on the dates shown. Where officials, lawmakers or analysts disagree, including on whether an action is lawful, their positions are attributed to them; Donald Trump Class Action is not a court and nothing here is legal advice. Facts in a developing story can change.