The Hatch Act : It’s not just for federal employees anymore

The Hatch Act :  It’s not just for federal employees anymore

The Hatch Act of 19391 (“Hatch Act”) was originally enacted to prevent federal employees from participating in partisan political activity, thereby curtailing corruption in the political process. 

. In 1993, the law was amended to clarify that federal, state and local employees maintain certain rights to engage in personal, off-duty, voluntary partisan activity, speech and expression.

Despite the clarification that off-duty speech is protected, the statutory restrictions  of the Hatch Act can have serious implications for federal, state and local government employees as well as those individuals who interact with these covered employees

Government Code Section 19990 provides that:

 "A State officer or employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, in conflict with, or inimical to his/her duties as a State officer or employee.