08/21/2026
βοΈ Good morning Fam!! August 21, 2026. 40 days until end of fiscal year.
The Office of Special Counsel is pursuing discipline against two federal employees over political candidacies, fundraising, and use of government resources. With midterms in November, this is the season people get themselves in trouble. Here is the refresher.
π The enforcement trend is real: In FY2025, OSC received 694 Hatch Act complaints and resolved 711, up sharply from 458 received the year before. It filed four complaints with the MSPB, up from one. It obtained 17 disciplinary actions. This is not a dusty statute nobody enforces.
π The rule that catches the most people, fundraising: You may never solicit, accept, or receive political contributions. Not on duty, not off duty, not at home, not ever. That includes hosting a fundraiser, inviting people to one, forwarding a donation link, and sharing or liking a fundraising post on social media. Attending a fundraiser is fine. Asking anyone for money is not.
π On duty means more than you think: No partisan political activity while you are working, and that includes while teleworking. It also covers any federal building, government email, government devices, and official video conferencing. One recent case involved an employee sending political messages on duty across dozens of days. The penalty was a 30 day unpaid suspension.
π Running for office: If you want to run for partisan political office, you generally have to resign your federal position first, and the prohibition reaches preliminary steps, not just the formal announcement. In a recent case a federal supervisor ran, won, and then resigned the elected seat once he was told it violated the Act. Nonpartisan races are treated differently, and there is a narrow exception for employees living in certain designated communities.
π Know which category you are in: Most employees are "less restricted," meaning you can be politically active on your own time, off duty, outside a federal facility, without government property. But career SES members, administrative law judges, and employees at agencies like the FBI, the Secret Service, the intelligence agencies, DOJ's Criminal and National Security Divisions, IRS Criminal Investigation, MSPB, and OSC itself are "further restricted" and cannot take an active part in political campaigns at all.
π What it can cost you: Removal from federal service, debarment from federal employment for up to five years, a civil penalty, or an unpaid suspension. And a Hatch Act finding follows your name.
π The free thing almost nobody uses: OSC will give you a written advisory opinion before you act. It issued 777 of them last year. Email [email protected] or call the hotline at 800-854-2824. If you are wondering whether that repost, that yard sign, that text thread, or that campaign volunteering crosses a line, ask first. It costs nothing and it is the whole ballgame if a complaint ever gets filed.
Enjoy the political season, Fam. Just do it on your own time, on your own device, and without asking anybody for a dollar.
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π fedsmith.com/2026/08/20/osc-hatch-act-discipline-federal-employees/