Ordinary federal workers are being disciplined under the Hatch Act this election season, even as complaints against cabinet officials sit unresolved. On Sept. 30, the law’s enforcer, the Office of Special Counsel (OSC), disclosed settlements in five cases involving rank-and-file workers, including one who agreed to retire, and a new disciplinary complaint against a Federal Protective Service employee. This guide explains the Hatch Act federal employees rules that apply in the run-up to the Nov. 3 midterm election, using the official guidance and the cases OSC has brought in 2026.
Where it stands: OSC’s Sept. 30 release is the most recent enforcement announcement reviewed for this guide. In August it asked the Merit Systems Protection Board (MSPB) to discipline a U.S. Postal Service worker and a Department of Veterans Affairs employee who, OSC alleges, became partisan candidates and asked people for political contributions even after OSC warned them. The Times reported on Oct. 28 that OSC has issued “a series of Hatch Act findings against lower and midlevel government employees” since 2025. No such finding had been made public on a 2026 complaint against a cabinet official as of that date, and the administration calls those complaints politically motivated.
Who is covered by the Hatch Act?
The law reaches almost all civilian executive-branch workers; only the president and vice president are excluded. OSC’s guidance says that includes Postal Service employees, part-timers, people on paid or unpaid leave, and furloughed staff. State and local employees can be covered too, when their jobs are tied to programs funded in whole or part with federal loans or grants.
The law sorts employees into two groups. Most are “less restricted” and may campaign actively on their own time. A smaller group is “further restricted” and is barred from active partisan campaigning altogether. OSC says these employees generally work in intelligence and enforcement-type agencies. Its list includes the FBI, Secret Service, CIA, National Security Agency, the Justice Department’s Criminal and National Security divisions, the Federal Election Commission, and career members of the Senior Executive Service. Senate-confirmed appointees in those agencies are exempt from the stricter tier, a point that matters in complaints about senior officials.
What may federal employees do before Election Day?
Off duty and away from the office, less restricted employees have wide room. According to OSC, they may vote, help with voter registration, give money to campaigns and parties, attend fundraisers and rallies, join and hold office in party organizations, circulate nominating petitions, volunteer for a candidate, give campaign speeches and hand out literature. Both groups may put a candidate’s sign in their front yard, and OSC says an employee may park a personal car with a bumper sticker in a government lot.
The table below sets the common permissions against the rules that bind every covered employee, whichever tier they are in.
| Most federal employees may | No federal employee may |
|---|---|
| Vote and help with voter registration drives | Ask anyone for a campaign donation, at any time |
| Give money to a campaign or party | Use a job title in political activity |
| Go to rallies and fundraisers off duty | Do political activity on duty or in a federal building |
| Volunteer and give campaign speeches off duty | Wear campaign gear at work, including on video calls |
| Put a candidate’s sign in their front yard | Urge subordinates to back a candidate |
| Park a car with a bumper sticker in a federal lot | Run in a partisan election |
What is off-limits at work and around the clock?
There are two kinds of limits: those that apply only while working, and those that never switch off.
On duty or in the workplace. No political activity, meaning anything aimed at the success or failure of a party, partisan candidate or partisan group. OSC’s examples include handing out or displaying campaign material, doing campaign chores, and the instruction that employees may not “wear or display partisan political buttons, t-shirts, signs, or other items.” The same applies in a federal vehicle or in uniform. Remote work does not change the rule: OSC says employees on work video calls are subject to the same on-duty restrictions as in person. Social media posting at work is covered as well; our Hatch Act social media guide walks through likes, shares and profiles.
At all times. Three rules follow employees home. They may not ask for, accept or receive political contributions, which OSC reads to include hosting a fundraiser or selling tickets. They may not use official authority to affect an election, including by “using their official titles or positions while engaged in political activity” or nudging subordinates toward political events. And they may not run as candidates in partisan elections, the rule at the center of OSC’s August cases.
Hatch Act federal employees: what happens after a violation?
OSC investigates and either settles, issues a warning, or files a complaint with the MSPB, which can impose removal, suspension, demotion, debarment of up to five years, a reprimand or a fine. The statute caps the fine at $1,000; the current regulation, adjusted for inflation, sets it at $1,365. For the full penalty scale, our penalties and enforcement guide has details.
OSC’s 2026 announcements show what draws action. In the August complaints, OSC said a VA employee used official email and a government-licensed AI tool to make campaign flyers. “Political candidacy violations are black letter law under the Hatch Act,” Special Counsel Charles Baldis said. In the Sept. 30 settlements, OSC said:
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- A VA employee who discussed parties and candidates with subordinates and wore clothing at work opposing a presidential candidate agreed to retire and not seek federal work for at least four years.
- An IRS employee who kept pressing coworkers about candidates accepted a 10-day unpaid suspension and more training.
- A VA supervisor who made partisan Facebook posts while on duty, including a repost of a candidate’s fundraising message, took a six-day suspension.
- An FBI employee, further restricted, who shared partisan material and a donation link took a five-day suspension.
- A State Department employee who posted partisan messages on LinkedIn while on duty, with an official title visible on other partisan posts, took a three-day suspension.
OSC also alleges, in its new MSPB complaint, that a Federal Protective Service employee suggested during a September 2024 vehicle inspection that subordinates vote for a particular candidate. That case has not been decided. The volume is rising: OSC logged 694 new complaints under the law in fiscal 2025, up from 458 the year before.
Why are senior officials treated differently?
Because the law treats them differently. Senate-confirmed policy officials may engage in political activity even on duty if taxpayers do not pay for it, and when OSC concludes one of them broke the law, it reports to the president instead of prosecuting before the MSPB. Our personal capacity explainer covers how that plays out in 2026.
Critics say the result is a two-tier system. In August, the watchdog CREW argued that its pending complaints against senior officials point to “a divergence in how potential Hatch Act violations are treated depending on the employee’s rank,” Government Executive reported; OSC declined to discuss open matters. The White House and agencies, according to the Times, say the complaints against senior officials are politically motivated and that the officials comply with the law.
Where can federal employees get advice before acting?
From OSC directly, and getting advice first carries protection. OSC’s Hatch Act Unit answers questions at 202-804-7002 or [email protected], and OSC wrote in its Sept. 25, 2026 assessment that employees who follow its advice “effectively enjoy safe harbor from OSC prosecution.” Agency ethics officials are the other first call. With Election Day on Nov. 3, the latest rank-and-file enforcement release found for this guide is the set of five settlements OSC announced on Sept. 30.
Frequently Asked Questions
Can federal employees put up a campaign yard sign?
Yes. The Office of Special Counsel says both less restricted and further restricted employees may put a sign supporting a partisan candidate in their own front yard.
Can a federal employee donate to a candidate in 2026?
Yes, from personal funds and not while on duty or in the workplace. What no covered employee may do, on or off duty, is ask others for political contributions, including by sharing a fundraising link or invitation.
Does the Hatch Act apply when a federal worker is on leave or teleworking?
Yes. OSC says coverage continues during any kind of leave and during a furlough. Teleworkers on duty face the same limits as in the office, including on work video calls.
What is the penalty for a Hatch Act violation by a federal employee?
The Merit Systems Protection Board can order removal, a reduction in grade, debarment for up to five years, suspension, reprimand or a civil fine. The statute caps the fine at $1,000, adjusted for inflation to $1,365 under current regulations. Many cases settle with suspensions.
How can a federal employee get Hatch Act advice?
Contact the Office of Special Counsel Hatch Act Unit at 202-804-7002 or [email protected]. OSC says employees who follow its advice effectively have a safe harbor from OSC prosecution.
Sources
- 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
- OSC Files Disciplinary Action Complaints Against Two Federal Employees for Serious Hatch Act Violations — U.S. Office of Special Counsel, August 20, 2026
- OSC Announces Settlements in Five Hatch Act Cases and Files Complaint Against Another Federal Employee — U.S. Office of Special Counsel, September 30, 2026
- OSC Delivers Exceptional Performance in Fiscal Year 2025 — U.S. Office of Special Counsel, December 23, 2025
- 5 U.S.C. Chapter 73, Subchapter III: Political Activities — U.S. Government Publishing Office (govinfo), 2023 edition
- 5 CFR 1201.126: Final decisions — eCFR (Office of the Federal Register), current as of October 27, 2026
- Hatch Act Assessment and Advisory: Partisan Agency Communications During the 2025 Lapse in Appropriations — U.S. Office of Special Counsel, September 25, 2026
- State, D.C., or Local Employee Hatch Act Information — U.S. Office of Special Counsel, accessed October 28, 2026
- ‘Glaring violations’ of the Hatch Act by senior Trump officials have gone unpunished for months, good government group alleges — Government Executive, August 21, 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.