Politics is basically a blood sport in America right now. Because of that, the lines between "doing your job" and "campaigning on the clock" have become incredibly blurry for a lot of people working in the federal government. You've probably heard the term tossed around on cable news, usually followed by some pundit shouting about a "breach of public trust." But honestly, most people don't actually know what a Hatch Act violation looks like until the Office of Special Counsel (OSC) drops a massive report on someone's desk. It isn't just about high-level cabinet members making speeches. Sometimes, it’s a guy in a cubicle sending a snarky email about a candidate.
The law is old. 1939. That is when the Hatch Act was born, mainly because people were worried about the Roosevelt administration using federal employees to build a political machine. Fast forward to today, and we are seeing a massive spike in recent Hatch Act violations that involve everything from TikTok videos to official press briefings. It's a mess. The core idea is simple: if you’re paid by taxpayers, you shouldn’t be using your official position to influence an election. Simple in theory, anyway. In practice, the digital age has made it a total minefield for anyone holding a government ID.
The Modern Face of Recent Hatch Act Violations
You can't talk about this without looking at the sheer volume of cases hitting the OSC lately. It’s not just a "one-off" thing anymore. We are seeing a pattern where officials—some high-ranking, some not—seem to think the rules don't apply if they are just "expressing an opinion."
Take the case of Karine Jean-Pierre. In 2023, the OSC determined she violated the Hatch Act by repeatedly using the phrase "mega MAGA Republicans" during official briefings. The logic was that she was using her official platform to advocate against a specific political brand during an election cycle. Now, the White House argued she was just using the President's own terminology to describe a set of policies. The OSC didn't buy it. This highlights the weird tension here. When does a policy discussion become a campaign slogan? Most of the time, the OSC says it’s when you start using labels that are clearly tied to a candidate's branding.
Then there is the sheer chaos of social media. It's the biggest trap. You're sitting at your desk, you see a tweet that makes your blood boil, and you hit "retweet." If you're a federal employee on the clock, or if your bio lists your official title, you might have just broken the law. We saw this with a high-level official at the Department of Housing and Urban Development (HUD) who got in hot water for a Facebook post. It seems minor, right? But the law doesn't really care if it's "minor." It cares about the optics of the federal government becoming a partisan tool.
Why the Rules Are Getting Harder to Follow
Part of the problem is that we live in a 24/7 campaign cycle. There is no "off-season" for politics anymore. Because of this, federal employees are constantly surrounded by political rhetoric that directly impacts their daily work. If you work at the EPA, the "political" stuff is your actual job.
Most people don't realize there are actually two "tiers" of employees under the Hatch Act:
🔗 Read more: When Does Joe Biden's Term End: What Actually Happened
- Further Restricted Employees: These are the folks in intelligence, law enforcement, and election security. They can't do anything political, even off-duty. No organizing, no managing campaigns, nothing.
- Less Restricted Employees: This is the bulk of the federal workforce. They can do political stuff on their own time, but they can't use their title, their office, or their work hours to do it.
The confusion usually stems from the "Less Restricted" group. They think that because they can go to a rally on Saturday, they can wear a campaign button on Monday. They can't. You'd be surprised how many recent Hatch Act violations stem from something as "innocent" as a coffee mug with a candidate's face on it sitting on a desk during a Zoom call. In the age of remote work, your home office is technically a federal workplace while you're on the clock. That's a huge trap that people are falling into left and right.
The "Cabinet Member" Exception (Sort Of)
There is a weird, cynical reality to how the Hatch Act is enforced at the top. When a cabinet secretary violates the act, the OSC sends a report to the President. Then... usually nothing happens. The OSC doesn't have the power to fire a Secretary of State or a Secretary of Health and Human Services. Only the President can do that.
- Kellyanne Conway: She was perhaps the most famous repeat offender, with the OSC eventually recommending she be removed from federal service. She wasn't.
- Marcia Fudge: The former HUD Secretary was found in violation after she commented on the 2022 Ohio Senate race during a press briefing. She received a warning.
- Ronny Jackson: Before he was in Congress, his actions as a White House physician were scrutinized.
This creates a "rules for thee but not for me" vibe that frustrates the rank-and-file employees. If a mid-level manager at the Social Security Administration gets caught campaigning, they could actually lose their job or face a heavy fine. When a top-tier official does it, it's a headline for a day and then business as usual. This disparity is one reason why we keep seeing these violations—there's a sense that the law lacks real teeth at the levels where it matters most.
Social Media: The Violation Engine
Let's get real about the "24-hour rule." The OSC has been very clear: if you are a federal employee, your official social media account is off-limits for politics. Period. But what about your personal one? If you’ve ever posted a photo of yourself at work and then, three posts later, you’re endorsing a candidate, you’re in the "gray zone."
The OSC specifically looks for "sustained" political activity. If you're posting about a candidate while sitting in your government office, you're toast. One of the most common recent Hatch Act violations involves federal employees "liking" or "sharing" campaign posts while they are literally on their lunch break at their desks. Even if you're "off" for lunch, if you're in the building, you're restricted. It sounds crazy, but the law is designed to prevent even the appearance of the government favoring one side.
The Problem With TikTok and Reels
The newest headache for the OSC is short-form video. We've seen cases where federal employees film "Get Ready With Me" (GRWM) videos while wearing their uniforms or showing their badges, and then they pivot into talking about who they’re voting for. This is a massive no-no. By wearing the uniform or showing the badge, you are "using your official authority" to give weight to your political opinion.
💡 You might also like: Fire in Idyllwild California: What Most People Get Wrong
People think they're being "authentic" or "relatable," but they’re actually just handing the OSC a recorded confession. The nuance here is that you don't even have to say "Vote for X." If you just say "Candidate Y's policies are a disaster for our agency" while standing in that agency's hallway, you've probably crossed the line.
Real Consequences (For the Rest of Us)
While the big names usually get away with a slap on the wrist, the consequences for the average federal worker are very real. The Merit Systems Protection Board (MSPB) handles these cases, and they don't mess around.
- Debarment: You can be banned from federal employment for up to five years.
- Fines: Civil penalties can reach thousands of dollars.
- Suspension: Many employees face 30 to 60 days of unpaid leave.
- Reprimand: A permanent stain on your federal record that kills any chance of promotion.
I've talked to people who thought they were just being "engaged citizens." They didn't realize that by taking a federal paycheck, they were essentially signing away their right to be a partisan activist during work hours. It's a trade-off. You get the stability and benefits of a government job, but you have to check your political identity at the door.
How to Avoid Ending Up in an OSC Report
If you work for the government, or even if you're a contractor who spends a lot of time in federal buildings, you need to be paranoid. The environment is too litigious right now to take chances. People are literally looking for reasons to report their colleagues.
First, keep your accounts separate. If you have a LinkedIn where you list your federal job, do not use it to "celebrate" a political win. Don't even "like" a post about it. It's not worth it. If you want to be a political firebrand, do it on an anonymous account or one that has zero connection to your professional life. And for heaven's sake, don't do it while you're on the government's Wi-Fi.
Second, watch your gear. That "I Voted" sticker is usually fine. A "Make America Great Again" or "Build Back Better" hat in your cubicle? Not fine. Even if you aren't talking to anyone, the display itself is considered political activity.
📖 Related: Who Is More Likely to Win the Election 2024: What Most People Get Wrong
Third, be careful with "incidental" talk. You're at the water cooler and someone asks what you thought of the debate. If you go on a five-minute rant about how one candidate is a "threat to democracy," you've stepped into a danger zone. It’s better to just say, "Man, it was a long night," and walk away. Honestly, just stay quiet.
The Future of the Hatch Act
There is a lot of talk about reforming the law. Some people think it's too restrictive and violates the First Amendment rights of federal workers. Others think it needs more "teeth" so that cabinet members can't just ignore it.
Given the current climate, we are likely to see even more recent Hatch Act violations as we head into the next major election cycle. The OSC is understaffed and overwhelmed, but they are making examples out of people wherever they can. The surge in "whistleblower" culture also means that coworkers are more likely than ever to report each other for political talk. It’s a tense time to be in public service.
Essential Steps for Federal Employees
If you're worried about your own status, or if you're managing a team of federal workers, there are a few practical things you should do right now to stay out of trouble.
- Review the OSC’s Social Media Guide: They actually put out a very readable FAQ that covers what you can and can't do on Facebook, X, and Instagram. Read it twice.
- Clear the Desk: Do a sweep of your workspace—including what's visible behind you on camera—and remove anything that could be interpreted as partisan.
- Separate Devices: Never, ever use your government-issued phone or laptop for anything related to a political campaign. Not even to check a poll.
- Silence the "Official" Voice: If you are in a leadership position, avoid using "loaded" political slogans in memos or speeches. Stick to the policy facts.
- Know Your Tier: Figure out if you are "Further Restricted" or "Less Restricted." The rules are wildly different, and assuming you're in the wrong group can cost you your career.
The bottom line is that the Hatch Act isn't going away. If anything, the definition of what constitutes "political activity" is expanding as our lives become more digital. Staying neutral isn't just about being professional; it’s about self-preservation in a world where everyone is watching. Keep the politics for the dinner table and the voting booth, and keep the office—whether it’s in D.C. or your spare bedroom—strictly about the work.