{
  "id": "R44469",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R44469",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 588580,
      "date": "2016-04-13",
      "retrieved": "2020-01-02T15:53:50.672959",
      "title": "Hatch Act Restrictions on Federal Employees\u2019 Political Activities in the Digital Age",
      "summary": "Federal officers and employees historically have been subject to certain limitations when engaging in partisan political activities. Although they have always retained their right to vote and privately express political opinions, for most of the last century, they were prohibited from being actively involved in political management or political campaigns. At the beginning of the 20th century, civil service rules imposed a general ban on voluntary, off-duty participation in partisan politics by merit system employees. The ban prohibited employees from using their \u201cofficial authority or influence for the purpose of interfering with an election or affecting the result thereof.\u201d These rules were eventually codified in 1939 and are commonly known as the Hatch Act.\nBy the late 20th century, such broad restrictions were seen as unnecessary due to other changes in the nature of the federal workforce, including the advent of a more independent and merit-based civil service and adoption of increased protections for employees against coercion and retaliation. Accordingly, the Hatch Act was significantly amended in 1993 to relax the broad ban on political activities, and now allows most employees to engage in a wide range of voluntary, partisan political activities in their free time, while away from the federal workplace. Some employees may be subject to additional restrictions depending on the employing agency or an employee\u2019s specific position.\nThe nature of the federal workforce and work environment has continued to evolve since these amendments, and new issues have arisen for congressional consideration in recent years. In particular, the increased use of technology has raised questions about how email and mobile communications may be regulated under the Hatch Act. The increased availability and use of smartphones may be seen as blurring an employee\u2019s time, either by using a personal device while working or using a government device while off-duty. Additionally, alternative work arrangements, for example, telework, have presented similar dilemmas in understanding how Hatch Act restrictions might be applied in the modern workplace.\nThis report examines the history of regulation of federal employees\u2019 partisan political activity under the Hatch Act and related federal regulations. It discusses the scope of the application of these restrictions to different categories of employees and provides a background analysis of the general restrictions currently in place. Finally, it analyzes potential issues that have arisen and interpretations that have been offered related to the application of these restrictions to new platforms of activity, for example, email, social media, and telework.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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      "topics": []
    }
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}