May 2004
Memorandum to all Department of State
Special Government Employees
Subject: Rules on Political Activities
This memorandum outlines the restrictions on political activities that apply to special government employees at the Department of State. A special government employee (SGE) is generally defined as an officer or employee who is employed to perform temporary duties either on a full-time or intermittent basis, with or without compensation, and whose service is not expected to exceed 130 days during any period of 365 consecutive days. If you have questions about whether you are a special government employee, please contact your executive bureau or L/Ethics.
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. The Hatch Act amendments made it possible for you to take an active part in political campaigns and other political activities when not on duty. Under the amendments, however, you are prohibited while on duty from personally soliciting, accepting or receiving partisan political contributions, running for partisan political office, and engaging in otherwise permissible political activities.
Permissible Activities
NOTE:
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- Time, place and manner restrictions: you may NOT engage in the otherwise permissible partisan political activities listed below while on duty, or in a government office or building, or wearing a uniform, badge, insignia or other 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.
- "On duty" includes the time period during which you are either (1) in a pay status other than paid leave, compensatory time off, credit hours, time off as an incentive award, or excused or authorized absence (including leave without pay), or (2) representing any agency or instrumentality of the United States in an official capacity.
- Registration and Voting: You may register and vote.
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Freedom of Expression: You may:
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- Express personal opinions on partisan political subjects and candidates, subject to the prohibition on misuse of official position described below;
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Sign a partisan political petition as an individual;
- Display partisan pictures, signs, stickers, badges or buttons as an individual expression of opinion;
- Place a partisan bumper sticker on your privately owned vehicle and park it in the State Department garage or Columbia Plaza or Embassy lot. 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
- Place a sign or banner supporting a partisan political candidate at your home.
- 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.
- Political Party Participation: You may:
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- Join and maintain membership in a partisan political party or club; and
- Hold office in or organize a partisan political party or club or be a delegate to a party convention as long as the duties of the office do not involve personal solicitation, acceptance or receipt of political contributions.
- Working for a Candidate or Party: You may:
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- Initiate, circulate, and sign nominating petitions for candidates for partisan political office or other political petitions;
- Campaign for or against, make campaign speeches for or against, and distribute campaign literature for or against candidates in partisan elections;
- Host, help organize and attend a partisan political rally or meet-the-candidate event which is not a fundraiser (see the rules on fundraisers below);
- Serve as officer or chairperson of a partisan political fundraising organization or committee as long as you do not personally solicit, accept, or receive political contributions;
- Give a speech or keynote address at a partisan political fundraiser, as long as you do not solicit political contributions;
- Allow your name (but not your official title) to appear on an invitation to a partisan political fundraiser as a guest speaker as long as the reference in no way suggests that you solicit or encourage contributions;
- Organize mail or phone solicitations, or stuff envelopes with requests for partisan political contributions (including funds, in-kind contributions, paid and unpaid services from businesses and paid and unpaid services from individuals), as long as you do not personally solicit, accept or receive contributions;
- Help organize a partisan fundraiser including supplying names for the invitation list as long as you do not personally solicit, accept, or receive contributions;
- Donate an item to be auctioned off in a fundraising raffle for the benefit of a partisan candidate's campaign;
- Solicit, accept, or receive uncompensated volunteer services related to partisan fundraising from an individual other than a subordinate; and
- Attend a partisan political convention or rally, fundraising function, election party or meet-the candidate event.
- Endorsements: You may endorse or oppose a candidate for partisan political office in a political advertisement, broadcast, campaign literature, or similar material, provided you do not reference your title or official position.
- Voter Registration: You may assist in partisan voter registration efforts.
- Get out the Vote: You may drive voters in a private vehicle to polling places for a partisan political candidate, group or party.
- Working at a Polling Station: You may:
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- Act as a recorder, watcher, challenger or similar officer at a polling place for a partisan election; or
- Serve as an election judge or clerk, or in a similar position, performing nonpartisan duties as prescribed by state or local law.
- Running for Office: If you reside in a designated location, which includes most cities and counties in the Washington, DC area, you may run as an independent candidate for election to partisan political office at the municipal level and accept political contributions in connection with municipal elections, but you may not personally solicit political contributions from the general public.
- Nonpartisan Activities: You may:
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- 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.
- Authorized Statements of Administration Policy: You may defend or debate current administration foreign policy in an appropriate forum in your official capacity, when properly authorized.
- Support for a Candidate who is a Family Member: If your spouse or other family member is a candidate for partisan political office, you may:
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- Attend a fundraiser or rally supporting him or her, stand in the receiving line, sit at the head table, distribute flyers and urge others to vote for him or her. You may also personally solicit, accept, or receive contributions of money or paid or unpaid services or sell or collect money for tickets to the fundraiser or rally as long as none of these activities occur while you are on duty or involve use of your official use or title. You should also not solicit partisan political contributions from individuals who are subordinates.
- Appear with your candidate family member in a political advertisement, broadcast, campaign literature, or similar material and urge others to vote for your spouse or family member.
Prohibited Activities: These activities are prohibited only while on duty.
- Running for Office: While on duty, you may not run for nomination or as a candidate for election to a partisan political office, unless you are running as an independent candidate for a partisan political office on the local level in a designated municipality. Thus, you may run for partisan political office, but cannot carry out any active campaign work while on duty.
- Fundraising: You may not personally solicit, accept, or receive a partisan political contribution (except in certain circumstances involving a Federal labor union) while on duty. You should not solicit partisan political contributions from individuals who are your subordinates. A "political contribution" includes funds, in-kind goods, and paid or unpaid personal services.
- Misuse of Official Position: You may not at any time:
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- 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, with the exception for uncompensated voluntary services from individuals noted above);
- 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
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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.
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