Political Gear in the Federal Office: Administration Relaxes Some Hatch Act Rules
The Trump Administration is relaxing some restrictions surrounding the Hatch Act, the law that restricts federal employees from participating in certain political activities.
The Office of Special Counsel (OSC) rescinded an advisory opinion that was issued by former Special Counsel Hampton Dellinger in May 2024. Dellinger’s opinion prohibited federal employees from wearing political candidate and party displays in the workplace year-round. It also mandated that all Hatch Act violations were referred to the Merit Systems Protection Board (MSPB).
By tossing out the guidance, OSC reverted to previous guidance on violations that were published in 2020.
Here’s what’s changing:
Federal employees can once again wear political campaign and party paraphernalia, as long as the items do not directly support a person who is actively running for office. OSC said the Dellinger policy was too restrictive.
“Having seen the policy applied in practice, OSC concludes that the CCPF rule creates too great a burden on First Amendment interests and must therefore be discarded,” OSC wrote in its memo.
Regarding discipline, non-Senate confirmed political appointees accused of violating the Hatch Act will now be referred directly to the president instead of MSPB. OSC found that there are jurisdictional concerns over whether the MSPB can discipline White House officials.
OSC also said it would stop seeking disciplinary action against individuals who have left federal service before a Hatch Act complaint is filed against them.
“OSC is currently litigating such a case before the MSPB. Until the legal question concerning jurisdiction is resolved to OSC’s satisfaction, OSC will refrain from filing any new complaints against former employees,” stated OSC in its advisory.
Federal employees who violate the Hatch Act can be removed from service, barred from federal employment for five years, and fined up to $1,000.
President Trump fired Special Counsel Hampton Dellinger in February. After a court battle which saw him temporarily reinstated, Dellinger dropped his lawsuit to stay on the job.
