Hatch Act Headaches Hit The White House (Again)

What’s the story?

The Hatch Act, which bars federal employees from using their official authority to effect an election, has been a stumbling block for the Trump administration since the beginning, though the White House has consistently declined to discipline senior staff and cabinet officials for violations. Now that the president has hired a campaign manager, however, the Office of Special Counsel (OSC) has started paying closer attention and issuing strict guidance.

President Trump declared his candidacy in the 2020 presidential race almost as soon as he was inaugurated. Twenty nine days later, to be exact. Ben Carson, Secretary of Housing and Urban Development (HUD), then ran afoul of the Hatch Act in August 2017.

Carson appeared at an Arizona campaign rally and was introduced with his official title, a potential Hatch Act no-no. As summarized by the Washington Post, according to the Hatch Act, "[f]ederal employees are barred at all times from using their official authority to influence the outcome of an election and from involvement in fundraising in support of a political party, candidate in a partisan race or partisan political group."

If Carson had appeared as a private citizen (not using his official title), he would have been totally in the clear. Following a complaint, however, the OSC did clear him because he never used his title or discussed HUD in his remarks.

More recently President Trump has hired a campaign manager, Brad Pascale. The OSC says this raises a bar that his filing with the Federal Election Commission a year ago did not. It issued a guidance to federal employees regarding activities construed to be for (or against) the president’s campaign:

• "while on duty or in the workplace, employees may not: wear, display, or distribute items with the slogan ‘Make America Great Again’ or any other materials from President Trump’s 2016 or 2020 campaigns"

• "use hashtags such as #MAGA or #ResistTrump in social media posts or other forums; or display non- official pictures of President Trump"

• "may not post, like, share, or retweet a message or comment in support of or opposition to a political party, candidate in a partisan race, or partisan political group"

• "may not like, follow or friend the social media account of a political party, candidate or group"

And it’s not just about the president’s candidacy, the OSC referred White House Advisor Kellyanne Conway for discipline for Hatch Act violations over her remarks during the Alabama special election for Senate in November and December 2017. The White House has declined to pursue action against her.

What do you think?

Should the White House discipline Conway for violating federal law? Should they be scrupulous about even the appearance of Hatch Act violations by federal employees, or is the OSC being excessive? Do Hatch Act violations matter to you, and if so, why?

Tell us in the comments what you think, then use the Take Action button to tell your reps!

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— Asha Sanaker

(Photo Credit: Wikipedia / Creative Commons)