For Foreign Service employees: Hatch Act requirements and Department policy place broad restrictions on what political activities Presidential appointees may undertake. All employees are prohibited from engaging in partisan political activities while "on duty." For Chiefs of Mission serving overseas, this restriction has a large footprint; you are considered to be "on duty" twenty-four hours per day while at your post of assignment. Accordingly, you may not engage in any partisan political activities while at post, including host ing events at the Embassy or official residence on behalf of a partisan political candidate or group (after consultation with L/Ethics, however, the Embassy may be able to meet with such candidates or meet with members of these groups under other limited circumstances). You also may not leave post for the primary purpose of participating in partisan political activities in the United States.
In addition, your partisan activities are considerably restricted even when not at post. You may not endorse or oppose a candidate for partisan political office in a political advertisement, broadcast, campaign literature, or similar medium. You may not attend a political party convention or an election night celebration, unless authorized to attend due to special circumstances by the Department's Designated Agency Ethics Official, Deputy Legal Adviser. You may not run for a partisan political office or work for a partisan political campaign. You also may not speak, attend or host a fundraising event for a partisan political candidate or party, or conduct any fundraising activity in this regard, even if the candidate is a spouse or family member.
Like other employees, Chiefs of Mission may register and vote; express personal opinions on partisan political subjects; and be a member of a partisan political party or group. You also may make contributions to political parties or candidates, subject to state and federal limitations. Additionally, when authorized by the Executive Secretary of the Department, you may provide foreign policy briefings in your official capacity to candidates and political groups on a nonpartisan basis.
For your ready reference, we have reprinted below the Department's more detailed guidance on political activity restrictions applicable to PAS employees. This is also available on the ethics intranet webpage at http://ethics.state.gov If you have further questions, please contact the attorneys at L/Ethics, preferably by e-mail on the SBU at L-EMP-Ethics-Attorney-Mailbox, or, by phone at 202-647-4646. We also urge that all employees familiarize themselves with 5 FAM 790, Social Media Use and Policy, which may also affect political activity.
For all Senate-Confirmed Presidential Appointees: This memorandum outlines the restrictions on political activities that apply to Senate-confirmed Presidential appointees, including career employees serving in such positions. This guidance reflects amendments made in 1993 to the Hatch Act, the federal statute governing political activities by federal employees, and government-wide regulations implementing that Act. Under the Hatch Act amendments, you are subject to several restrictions, including prohibitions on soliciting, accepting or receiving partisan political contributions and running for partisan political office. If your post of assignment is abroad, you are also barred from otherwise engaging in partisan political activities while "on duty." With few exceptions, you are always "on duty" at your post of assignment.
Regulations implementing the 1993 Hatch Act amendments specifically provide agencies with discretion to impose additional restrictions on Senate-confirmed Presidential appointees. The Department has a long-standing policy of limiting participation in partisan campaigns by its top officials and political appointees in recognition of the bipartisan character of our foreign policy.
The Secretary has approved these restrictions and they are incorporated into the list of "do's" and "don't's" below.
Permissible Activities: Regardless of where you are assigned, the combination of Hatch Act requirements and Department policy effectively bars you from engaging in partisan political activities while "on duty," or in a government office or building, or wearing a uniform, badge or similar item identifying you as a USG employee, or using a government owned or leased vehicle, or using a privately owned vehicle that is used on a recurrent basis for official business or that is clearly identified as being on government business. In many circumstances, you are also precluded from engaging in partisan political activities even when you are "off duty."
"On duty" includes any time period during which you are representing any agency or instrumentality of the United States in an official capacity. Some legislative history suggests that Ambassadors may be considered to be on duty twenty-four hours a day while they are at post. If your post of assignment is abroad, therefore, you should not participate in partisan political activities while at post.
Registration and Voting: You may register and vote.
Freedom of Expression: You may: - Express personal opinions on partisan political subjects and candidates subject to the prohibition on misuse of official position described below; - Sign a partisan political petition as an individual; - If your post of assignment is in the United States, place a partisan bumper sticker on your privately owned vehicle and park it in the State Department garage, Navy Hill, Columbia Plaza or other USG parking facility. If the car is used for official business on a recurrent basis or is clearly identified as being used on official business, however, you must cover the sticker while the car is being used for official business; and - If your post of assignment is in the United States, place a sign or banner supporting a partisan political candidate at your home.
Political Party Membership: You may join and maintain membership in a partisan political party or group.
Political Contributions: You may make financial contributions to partisan political candidates, parties or organizations, including to campaign committees or party committees, subject to state and federal limitations.
Prior Relationship to a Candidate: If your post of assignment is in the United States, you may provide political advice on an uncompensated basis to a partisan candidate with whom you have had a prior relationship.
Authorized Statements of Administration Policy: You may debate or defend current Administration foreign policy in an appropriate forum in an official capacity, when properly authorized.
Nonpartisan Activities: You may: - Express personal opinions on nonpartisan political subjects and candidates subject to the prohibition on misuse of official position described below; - Sign a nonpartisan political petition as an individual; - Provide foreign policy briefings in your official capacity to candidates and political groups on a nonpartisan basis; - Participate in nonpartisan activities of a civic, community, social, labor, or professional organization, such as nonpartisan voter registration efforts; - Campaign for or against nonpartisan issues, such as referendum questions, constitutional amendments, or municipal reforms; - Participate actively as a candidate or in support of a candidate in a nonpartisan election; and - Serve as an election judge or clerk, or in a similar position, performing nonpartisan duties as prescribed by state or local law.
Prohibited Activities: Running for Office: You may not run for a nomination or as a candidate for election to a partisan political office.
Working for a Party or Candidate: You may not: - Take a visible or active management position in a partisan political campaign, e.g., by serving as a campaign officer; - Serve as an officer or organizer of a political party or other partisan political group; - Serve as a delegate, alternate or proxy to a political party convention; - Attend a political party convention or an election night celebration, unless authorized to attend by the Designated Agency Ethics Official - Deputy Legal Adviser Jim Thessin - due to special circumstances; - Host, help organize or attend partisan political rallies or meet-the-candidate events; - Endorse or oppose a candidate for partisan political office in a political advertisement, broadcast, campaign literature, or similar medium; - Work at the polls on behalf of a partisan candidate or political party by acting as a checker, challenger or watcher, or in a similar partisan position; or - Otherwise volunteer or work in a partisan campaign in a role that involves direct contact with the electorate, including advance work.
Fundraising: You may not knowingly solicit, accept, or receive a partisan political contribution, regardless of whether the candidate is a spouse or family member. A "political contribution" includes funds, in-kind goods, and paid or unpaid personal services. In particular, you may not: - Sell tickets for or otherwise promote fundraising activities such as political dinners for a partisan candidate or political committee; - Speak at partisan fundraising events; - Allow your name and/or official title to be listed on a partisan fundraising invitation, or as part of a host committee for such an event; - Serve as an individually-named guest of honor at a partisan fundraising event; - Personally host a partisan fundraiser at your residence in the United States (although your spouse may host a fundraiser at your residence provided he or she is hosting it in his or her own right and not as a surrogate for you and provided you do not attend); or - Attend partisan political fundraisers.
Misuse of Official Position: You may not: - Use your official authority or influence for the purpose of interfering with or affecting the result of an election (for example, you may not use your official authority to coerce any person to participate in partisan political activity, or solicit, accept, or receive partisan political contributions from anyone, including a subordinate); - Knowingly solicit or discourage the participation in any partisan political activity of any employee or person regulated by or doing business with the Department (for example, someone who has a matter pending before the Department); or - Use your official title while participating in otherwise permissible political activities.
Recommendations: If you are involved in examining or appointing an applicant for the competitive service, you may not receive or consider a recommendation of the applicant by a Senator or Representative, except as to the character or residence of the applicant.
Special Rule - Support for a Candidate Who is a Family Member: If your spouse or other family member is a candidate for partisan political office, you should seek further guidance from L/Ethics.
Special Rules if Your Post of Assignment is Abroad: In addition to the other restrictions described above, you may not: - Host events at the Embassy or the official residence in honor of or for the benefit of partisan political candidates or groups from the United States, although individuals who are part of a partisan political group may be invited to other events hosted by the Embassy (consult with L/Ethics before receiving a partisan political candidate or group at post); - Leave your post of assignment to return to the United States primarily to take part in partisan political activities; or - While at post or otherwise on duty, provide political guidance to a partisan candidate with whom you have had a prior relationship. We also urge that all appointees familiarize themselves with 5 FAM 790, Social Media Use and Policy, which may also affect political activity.