As an employee of the Executive branch, I’m covered by what’s commonly known as the Hatch Act of 1939, otherwise known as An Act to Prevent Pernicious Political Activities, or Public Law 76-252. The intent of the Hatch Act is fairly straightforward, even if the means and methods by which it is enforced are somewhat murky. The act, essentially, says that as a federal employee, I cannot seek election to a partisan office for the duration of my employment and more importantly that I can’t use my official position or government time and equipment for purposes of campaigning, fundraising, promoting, or engaging in political activity while I’m “on the clock.”
Old Man Hatch had a pretty good idea about establishing and keeping the core of the civil service reasonably non-partisan as we transact the day to day business of government. Personally, I’ve I’ve never seen an employee willfully undermining the executive branch while on the clock in my tenure serving under both Republicans and Democrats, but I don’t know if that’s because of the Hatch Act or because we started killing off the spoils system in 1883 with the Pendelton Act. Of course how “non-partisan” the bureaucracy is when it comes to which parties and candidates it supports in our spare time is wide open for debate.
The Office of Special Counsel, supreme adjudicator of all things Hatch Act, has a number of laundry lists filled with what various types of executive branch employee may or may not do. What most of them boil down to is “don’t advocate for a particular candidate or party on government time.” It seems like a reasonable rule. It’s why you find me posting at all during the typical weekday it’s a funny, funny meme or a news article. I try very hard to live within Hatch’s spirit and intent as well as within its letter.
I do, however, want the record to show that being Hatched makes sitting quietly on social media on days like today a monumental exercise in self restraint. Something for which I don’t think we get nearly enough credit every other November.