Can cabinet secretaries campaign for candidates in the 2026 midterms? Yes, and a special provision of the Hatch Act lets them do it even during the workday, but with two limits that are at the heart of complaints now pending against much of President Trump’s cabinet. They may not use the authority or title of their office to influence the election, and the government may not end up paying for the political part of their activity.
The question is live. In a count released Oct. 28, The New York Times found formal Hatch Act complaints against no fewer than nine of the 15 cabinet secretaries. The White House and agencies say the complaints are politically motivated and that the officials have complied with the law, and several departments say their secretaries spoke in a personal capacity.
Where it stands: Through Oct. 28, no complaint against a cabinet secretary had produced a published finding of a violation. OSC, the Office of Special Counsel, has closed one, about Defense Secretary Pete Hegseth’s Kentucky appearance, without action.
Can cabinet secretaries campaign for candidates at all?
Yes. Like most federal employees, a cabinet secretary may take an active part in political campaigns. The Hatch Act’s general rule is permissive, saying an employee “may take an active part in political management or in political campaigns,” subject to listed exceptions.
What sets cabinet members apart is a carve-out in 5 U.S.C. 7324(b) covering Senate-confirmed appointees whose jobs involve setting the government’s domestic or foreign policy. Most workers must keep politics off the clock and out of federal buildings. These officials may engage in otherwise-barred political activity on duty, so long as the costs “are not paid for by money derived from the Treasury of the United States.” OSC’s own guidance confirms that such appointees remain covered by the law, but that certain ones are exempt from the bans on activity “while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle.”
Not every presidential appointee qualifies. The regulations, for example, say an inspector general does not count as an official who sets national policy, so the carve-out does not reach that job.
Can a secretary campaign from the office or during work hours?
Within limits, yes. The federal regulation gives a direct example: “The head of an executive department may hold a partisan political meeting or host a reception which is not a fundraiser in his conference room during normal business hours.”
The fundraiser exception matters. Every covered employee, including a cabinet secretary, is barred from knowingly soliciting, accepting or receiving political contributions. OSC also tells employees that invitations to a fundraiser at which they speak “may not include the employee’s official title.”
What can’t a cabinet secretary do on the campaign trail?
Use the job. Section 7323(a)(1) bars any covered employee from using “official authority or influence for the purpose of interfering with or affecting the result of an election,” and nothing in the law exempts cabinet officers from it. OSC said in 2021 that this is the prohibition “for which there are no exemptions for Senate-confirmed presidential appointees.”
Federal regulations list using an official title while engaged in political activity as one way of misusing official authority. That is why OSC applied the rule against Health and Human Services Secretary Kathleen Sebelius in 2012. Its report said Senate-confirmed officials may campaign, but “they must do so in their personal capacities,” and it concluded that because she endorsed President Obama at an event she attended as secretary, she violated the Act.
| Generally allowed | Not allowed |
|---|---|
| Speaking at a rally as a private citizen | Being presented as the secretary while urging votes |
| Political meetings at work, if Treasury is repaid | Hosting or soliciting at a fundraiser |
| Endorsing a candidate in a personal capacity | Tying an endorsement to department work or decisions |
| Using a government car or plane for security | Billing taxpayers for the political share of a trip |
Does saying “personal capacity” make an appearance legal?
Not by itself. A disclaimer helps, but OSC looks at the whole appearance. In the 2016 case of Housing Secretary Julián Castro, who prefaced some answers in an official interview as personal views, Government Executive reported OSC’s view that “that disclaimer could not negate the fact that he was appearing in his official capacity for the rest of the interview.” Castro acknowledged error.
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The 2026 record shows the line in practice, though no decision has applied it to the newest complaints. OSC closed The Steady State’s Kentucky complaint about Hegseth because, according to The Gazette, he “neither used his official title nor referred to the Department of War” and had given a private-citizen disclaimer. The group’s second complaint, over an Aug. 17 fundraiser in Iowa, points to different facts: The Gazette reported that Hegseth called the Pentagon “my department” and said he had started the day in the Oval Office. Little Village reported that he told the crowd, “I had to say that for the public statement, for the lawyers,” after describing himself as there in a personal capacity. Pentagon spokesman Sean Parnell, in a statement quoted by the Times, said Hegseth’s appearances were “thoroughly vetted and cleared by lawyers.” Our explainer on the personal-capacity rule goes deeper, and the Hegseth complaints are covered separately.
Who pays when a cabinet secretary flies to a rally?
The political side of the trip has to be paid by a campaign or party, either up front or by reimbursing the Treasury within a reasonable time. Security costs are an exception.
For trips that mix official business and campaigning, the regulation says the official “must apportion the costs of mixed travel based on the time spent on political activities and the time spent performing official duties,” and the political share is “to be paid by the political entity or organization.” The rules also say that leaving security costs, including a motorcade, unreimbursed does not break the law. The precedent is Agriculture Secretary Sonny Perdue: OSC’s 2021 report said he gave an August 2020 speech supporting Trump’s reelection, was told to repay the costs, and that OSC had “no evidence that Secretary Perdue has reimbursed the U.S.”
In 2026, the Pentagon has said Hegseth must fly on military aircraft because of security and communications needs, including for unofficial trips. Through Oct. 28, there was no public record of a campaign repaying the government for the Iowa flight, which does not mean no repayment happened. The cabinet travel cost explainer follows the money.
Who decides whether a secretary crossed the line?
OSC investigates, but only the president can impose discipline on a Senate-confirmed official. Our overview of the 2026 cabinet complaints lists each accusation and response. Among the latest filings is an Oct. 26 complaint in which the watchdog group CREW alleges that Agriculture Secretary Brooke Rollins spoke at a partisan event “while using her government title”; any reply from USDA was not public by Oct. 28.
Frequently Asked Questions
Can cabinet members endorse candidates?
Yes, in a personal capacity. A cabinet secretary may endorse and campaign for a candidate but may not use the title, authority or resources of the department to do it.
Can a cabinet secretary campaign on government time?
Senate-confirmed policy officials are exempt from the Hatch Act ban on political activity while on duty, as long as the Treasury does not pay the political costs. Most other federal employees must campaign only on their own time.
Can cabinet secretaries raise money for candidates?
No. The Hatch Act bars every covered employee, including cabinet secretaries, from soliciting, accepting or receiving political contributions.
Who pays for a cabinet secretary to travel to a campaign event?
The political share of the trip must be paid by the campaign or party, or reimbursed to the Treasury within a reasonable time. Security costs are excluded.
Sources
- 5 U.S.C. Chapter 73, Subchapter III: Political Activities — U.S. Government Publishing Office (govinfo), 2023 edition
- 5 CFR Part 734: Political Activities of Federal Employees — eCFR (Office of the Federal Register), current as of October 27, 2026
- 5 CFR 734.503: Allocation and reimbursement of costs associated with political activities — eCFR (Office of the Federal Register), current as of October 2026
- Hatch Act FAQs — U.S. Office of Special Counsel, accessed October 28, 2026
- Investigation of Political Activities by Senior Trump Administration Officials During the 2020 Presidential Election — U.S. Office of Special Counsel, November 9, 2021
- Report of Prohibited Political Activity Under the Hatch Act, OSC File No. HA-12-1989 (Kathleen Sebelius) — U.S. Office of Special Counsel, September 2012
- Special Counsel Finds Hatch Act Violations by HUD Chief, Others — Government Executive, July 2016
- Ethics complaint asks federal office to investigate Pete Hegseth’s appearance at Zach Nunn Iowa fundraiser — The Gazette (via Mason City Globe Gazette), September 2026
- Pete Hegseth campaigns for Nunn at Iowa State Fair — Little Village, August 2026
- Cabinet Officials on the Campaign Trail? Ethics Experts Say Some Are Breaking the Law. — The New York Times, October 28, 2026
- The Trump administration’s midterms Hatch Act violation rampage — Citizens for Responsibility and Ethics in Washington, October 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.