With the 2026 midterm elections approaching on November 3, Hatch Act rules have been clarified by the Office of Special Counsel, which recently issued new guidance and announced enforcement actions involving federal employees.
The message is fairly simple: Federal employees can participate in political activity, but when and where they do it matters.
What Changed?
In September, OSC issued an advisory addressing partisan references in official agency communications during the 2025 government shutdown.
OSC said it would not discipline employees over those communications because they had reasonably relied on earlier guidance. But the new advisory makes clear that partisan references in official government communications can raise Hatch Act concerns, particularly when they involve elections or advocacy for or against a political party or candidate.
OSC also announced five Hatch Act settlements and filed a complaint against another federal employee with the Merit Systems Protection Board.
The cases involved political activity while on duty, partisan social media posts, political discussions with coworkers or subordinates, campaign fundraising, and the use of official authority in connection with an election. Penalties included unpaid suspensions, while one VA employee agreed to retire and not seek federal employment for four years.
What Can Federal Employees Do?
Most federal employees are considered less restricted under Hatch Act rules. They can generally participate in partisan political activity when they are off duty and away from the federal workplace.
That includes:
- Voting
- Expressing political opinions
- Contributing money to campaigns
- Attending political events
- Volunteering for campaigns
But employees generally cannot engage in partisan political activity while:
- On duty
- In a federal workplace
- Wearing a government uniform or official insignia
- Using a government vehicle
- Using their official position or title for political purposes
Political activity on social media is subject to the same basic rules. Telework does not change the definition of “on duty,” so employees generally cannot engage in partisan political activity during work hours simply because they are working from home.
Employees also cannot knowingly solicit, accept, or receive political contributions at any time.
Some federal employees, including many in law enforcement and intelligence positions, are further restricted and face additional limits on political activity even when off duty.
When in Doubt, Ask
Hatch Act rules can get complicated quickly, particularly when social media, telework, coworkers, subordinates, or official communications are involved.
Federal employees can contact OSC’s Hatch Act Unit at HatchAct@osc.gov or 800-854-2824 for guidance.
With the midterms approaching, knowing Hatch Act rules before you post, campaign, or engage in political activity at work can help you avoid a problem later.
