The heightened political energy of an election year inevitably brings renewed attention to the Hatch Act, the law that limits the political activities of federal and many state and local employees. This attention is enhanced this year due to recent legislation proposed to amend the statute to address several glaring problems with its enforcement.
The bill would eliminate the prohibition on state and local officials from running for office in a partisan election, and would provide for graduated sanctions for Hatch Act violations rather than the sole, presumptive penalty of termination — the career death sentence! — for even minor or unintentional violations. Such a draconian penalty can be unfair to the employee, and also hinders enforcement of the Hatch Act as compassionate supervisors look the other way in order not to subject a subordinate to such a severe penalty for a minor offense. It also can chill the exercise of millions of people’s First Amendment rights during campaign season, as government employees refrain from even permissible off-duty political activity in order to stay well inside the chalk line.
