Using a government email account to promote a candidate, or leaning on staff to support one, isn't just bad optics — it's a specific federal violation with real penalties. And the fine most compliance materials cite is out of date.
Who's actually covered
The Hatch Act covers nearly every civilian employee in the federal executive branch — full-time, part-time, and even employees on annual leave, sick leave, furlough, or leave without pay. The US Postal Service is included. Only the President and Vice President, along with certain Senate-confirmed policy-making appointees, are exempt. Separately, the Act also reaches state, local, and DC government employees, but only those working in connection with programs financed in whole or in part by federal loans or grants — this pulls in a wide range of public-sector roles across health, housing, transportation, and anti-poverty programs.
Federal employees: two tiers of restriction
Most federal employees fall into a "less restricted" category with two bright-line prohibitions: they cannot use their official authority or position to influence an election, and they cannot solicit, accept, or receive political contributions (with a narrow exception for certain federal employee labor organizations). A smaller "further restricted" category — generally employees of intelligence and law-enforcement-type agencies — faces broader limits on political activity, including inside and outside the workplace.
State and local employees: a narrower set of rules
The Act's restrictions on state and local employees are narrower than for federal employees. Covered state and local employees may not coerce political donations from other covered employees or use their official authority to interfere with an election, and they may not run for partisan office if their salary is entirely federally funded. Notably, the Act's general prohibitions on participating in political activities don't apply to state and local employees the way they do to federal ones — the restrictions are specifically about coercion and official-authority misuse, not political activity generally.
Government resources and partisan activity don't mix — ever
Because partisan political activity in the workplace is prohibited outright, federal employees may not use government email, phones, or any other official equipment or channel for partisan political purposes. Employees retain the right to express personal political opinions on their own time using personal devices — but the same employee needs real awareness of how something posted even outside work hours, using a title or agency affiliation, could cross the line.
Correcting an outdated figure: the fine is $1,365, not $1,000
The Merit Systems Protection Board (MSPB) can impose a range of penalties for a Hatch Act violation — from a formal reprimand up to removal from federal service, a reduction in grade, suspension, or a civil fine. That civil fine cap is adjusted annually for inflation under the Federal Civil Penalties Inflation Adjustment Act, and currently stands at $1,365 as of July 22, 2025 — not the $1,000 figure that still appears in a lot of older training materials and internal compliance documents. For state and local employees, if the MSPB determines a violation warrants removal, the employing agency is required to fire the employee or risk losing federal funding equal to two years of that employee's salary.
How to stay clearly compliant
- Never use a government email address, phone, or other official resource to promote or oppose a candidate or party.
- Don't wear campaign buttons, display campaign materials, or discuss partisan politics while on duty or in a government workplace.
- If you're in a "further restricted" position (intelligence, law enforcement-type agency), assume broader limits apply and check with your agency's ethics office before any political activity, even off-duty.
- If you supervise others, never solicit political contributions or pressure staff regarding political support, even indirectly.
- When in doubt, contact your agency's designated ethics official or the Office of Special Counsel before acting, not after.
What this means practically
- Hatch Act coverage extends well beyond federal employees — many state and local government workers in federally funded programs are covered too, though under narrower rules.
- Using official government channels (email, phone, letterhead) for any partisan purpose is prohibited outright for covered employees, with no minor-use exception.
- The maximum civil penalty is currently $1,365, not the outdated $1,000 figure — correct any internal training materials still citing the old number.
- Penalties can include removal from federal service, not just a fine — this is enforced as a serious ethics violation, not a technicality.
Sources
- Congressional Research Service — The Hatch Act: A Primer: congress.gov
- KnowledgeCity — Hatch Act Compliance 2026, current inflation-adjusted penalty figures: knowledgecity.com
Related Kibbo Tools
- Evidence Collection Checklist for Government Complaints — document a suspected ethics violation properly before reporting it.