Defense Secretary Pete Hegseth has drawn two Hatch Act complaints in 2026 from The Steady State, an organization of former intelligence, military and diplomatic officials, over his speeches for Republican candidates in Kentucky in May and Iowa in August. The two Hegseth Hatch Act filings have taken different paths: the Office of Special Counsel (OSC) closed the Kentucky one quickly, while the Iowa complaint, filed Sept. 11, remains open.
Where it stands: As of Oct. 28, OSC had announced nothing on the Iowa complaint. The New York Times reported that day that “The group is challenging a decision by the Office of Special Counsel to close the Kentucky complaint without further action.” No other outlet had independently confirmed that challenge by Oct. 28.
The Pentagon denies any violation. Spokesman Sean Parnell told the Times that Hegseth’s appearances were “thoroughly vetted and cleared by lawyers” and broke no law. That wording matches the statement Parnell gave Newsweek before the Kentucky rally in May: “No taxpayer dollars will be used to facilitate his visit. His participation has been thoroughly vetted and cleared by lawyers, including the Department of War Office of General Counsel, and does not violate the Hatch Act or any other applicable federal statute.” The statement uses “Department of War,” an alternate name the administration has adopted for the Defense Department.
What happened in Kentucky?
On May 18, Hegseth spoke in Hebron, Ky., at a rally for Ed Gallrein, the Trump-endorsed challenger to Rep. Thomas Massie in the 4th District Republican primary held the next day. Newsweek said the event was “hosted by the conservative advocacy organization America First Works,” and that Hegseth’s trip also had an official purpose: “Hegseth will be in Kentucky on Monday as part of his official duties to preside over a ceremony at Fort Campbell to award Purple Hearts.”
He opened with a disclaimer. Military Times quoted him: “I have to say upfront, for the lawyers, that I’m here in my personal capacity as a private citizen, a fellow American, and a fellow combat veteran here to support Navy Seal Ed Gallrein.” The outlet reported that “In his roughly 12-minute speech, Hegseth repeatedly chastised Massie.” Gallrein won the primary, and the AP, via PBS NewsHour, reported that “Gallrein is expected to win the general election in the deeply red district.”
Why did OSC close the Kentucky complaint?
OSC concluded that Hegseth appeared in his personal capacity, according to reporting by The Gazette of Cedar Rapids, republished by the Globe Gazette. By that account, OSC shut the file “the next day” (the report does not say the next day after what), finding a personal-capacity appearance because Hegseth “neither used his official title nor referred to the Department of War” and had told the audience he was there as a private citizen.
That is the only OSC disposition of a 2026 complaint against a cabinet secretary that we found. OSC itself has not published the closure letter, and The Steady State’s Kentucky filing was not available online. The Times says the group is contesting the closure; OSC has not said whether it will revisit it.
What does the Iowa Hegseth Hatch Act complaint say?
The Iowa filing argues that Hegseth tied his job to the candidate. On Aug. 17, he headlined Rep. Zach Nunn’s “Top Nunn” fundraiser at the Iowa State Fair in Des Moines; Nunn represents Iowa’s 3rd District and faces Democratic state Sen. Sarah Trone Garriott. The complaint, a file the Globe Gazette posted under the name “2026.09.11 Hatch Act Complaint OSC Hegseth Iowa Aug 17.pdf,” asks OSC two main questions: did Hegseth lean on his office to influence the midterm vote, and were the government resources behind his trip correctly covered or repaid?
The group points to what he said on stage. He told the crowd, “The biggest job I have is to ensure that my department is properly funded,” and, per the Globe Gazette, mentioned that his day had started “literally in the Oval Office” talking defense with Trump before he asked the audience to send Nunn back to Washington. He also said that “according to the lawyers” he was there in a personal capacity. Accounts of his follow-up differ slightly. Little Village quoted him saying “I had to say that for the public statement, for the lawyers,” as Nunn and the audience laughed; the Gazette’s version ends with the words “had to say that for full disclaimer, for the lawyers.”
The Steady State has narrowed its claim on one point. The report notes “The Steady State said it is not alleging that the invitations themselves violated the Hatch Act’s prohibition on soliciting political contributions.” A Pentagon official responded that “Department staff are not involved in, nor privy to, the details of events that Secretary Hegseth attends in his personal capacity.”
| Kentucky | Iowa | |
|---|---|---|
| Event | May 18 rally, Hebron | Aug. 17 fundraiser, Des Moines |
| Candidate | Ed Gallrein (KY-4 primary) | Rep. Zach Nunn (IA-3) |
| Disclaimer | Yes, at the start | Yes, mid-speech |
| OSC action | Closed, per The Gazette | None announced |
| Pentagon | Vetted, cleared, no taxpayer cost | Personal capacity |
Does the Pentagon have its own, stricter rule?
It does, according to The Gazette, which raises a question separate from the Hatch Act. The paper reported that Pentagon guidance issued in February 2026 labels the department’s Senate-confirmed appointees “further restricted,” allowing them to attend rallies and fundraisers while barring them from taking part, in the guidance’s words they may “not actively participate.” Richard Painter, a University of Minnesota law professor who was the top White House ethics lawyer in the Bush administration, told the paper: “This departs from the Defense Department guidelines.”
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The Gazette wrote that “The Pentagon declined to explain how Hegseth’s participation complied with those provisions.” Asked about ethics review, restrictions and who paid for the trip, the department replied: “We have nothing to provide beyond the Secretary’s remarks.” An internal policy is enforced inside the department, not by OSC.
The federal statute still applies on top of it. OSC’s 2021 report on senior officials in Trump’s first term described the official-authority rule as one “for which there are no exemptions for Senate-confirmed presidential appointees or EOP commissioned officers.” How OSC has weighed disclaimers in past cases is covered in our personal capacity guide.
Who paid for the Iowa trip?
That is unanswered in public. Little Village reported that “Hegseth is traveling on a government aircraft,” and, according to the Defense Department, he is “mandated to use military aircraft for all travel, both official and unofficial, due to the continuous need for secure communications and responsive transportation for national security.” No public record of reimbursement for the political share of the trip had been reported as of Oct. 28, which is one reason the complaint asks OSC to find out. Our guide to who pays for cabinet campaign travel lays out the reimbursement rules, and the wider picture is in our overview of cabinet campaigning.
The latest dated statement is Parnell’s, published by the Times on Oct. 28, that both appearances were cleared by lawyers.
Frequently Asked Questions
How many Hatch Act complaints has Hegseth faced in 2026?
The Steady State has filed two: the first about his Kentucky speech for Ed Gallrein in May, the second, dated Sept. 11, about the Nunn fundraiser in Des Moines. Neither has produced a finding against him.
Did OSC find that Hegseth violated the Hatch Act?
No. The Gazette reported that OSC ended the Kentucky case on the view that he had appeared in his personal capacity. It had announced no decision on the Iowa complaint as of Oct. 28, 2026.
What does the Pentagon say?
Spokesman Sean Parnell says lawyers reviewed and approved both appearances and that Hegseth broke neither the Hatch Act nor any other law.
Why did Hegseth fly a military plane to a fundraiser?
The Defense Department says the secretary must fly on military aircraft wherever he goes, official or not, so he always has secure communications. Whether any political costs were reimbursed has not been reported.
Is the Kentucky complaint still open?
OSC closed it, but The New York Times reported that The Steady State is challenging that decision. OSC has not said whether it will reopen it.
Sources
- Cabinet Officials on the Campaign Trail? Ethics Experts Say Some Are Breaking the Law. — The New York Times, October 28, 2026
- Pentagon Defends Hegseth Stumping for Massie Challenger Amid Hatch Act Violation Claims — Newsweek, May 2026
- Hegseth campaigns for congressional race, breaking with Pentagon neutrality — Military Times, May 19, 2026
- Trump-backed Gallrein defeats Rep. Thomas Massie in GOP primary — PBS NewsHour (Associated Press), May 20, 2026
- 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
- Did Hegseth’s Iowa campaign appearance violate DoD rules? — The Gazette (Cedar Rapids), August 2026
- Pete Hegseth campaigns for Nunn at Iowa State Fair — Little Village, August 2026
- Investigation of Political Activities by Senior Trump Administration Officials During the 2020 Presidential Election — U.S. Office of Special Counsel, November 9, 2021
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.