4
Federal Laws and Association Activities
B y I. A. D e F rance
z The question is often asked "W hat
activities are forbidden to employee or
ganizations by Federal laws, particu
larly those enactments known as the
H atch Act and the Smith Connally
Act?”
THE H A TCH ACT
The act of August 2, 1939 as amend
ed by the act of July 19, 1940 com
monly called the Hatch Act reads as
follows:
"No officer or employee of any State or
local agency whose principle employment is
in connection with any activity which is
financed in whole or in part by loans or
grants made by the United States or by any
Federal agency shall (1) use his official
authority or influence for the purpose of
interfering with an election or a nomination
for office or effecting the result thereof,
or (2) directly or indirectly coerce, attempt
to coerce, command or advise any other such
officer or employe to pay, lend, or contribute
any part of his salary or compensation or
anything else of value to any party, com
mittee, organization, agency or person for
poliitcal purposes. No such officer or em
ployee shall take any active part in political
management or in political campaigns. All
such persons shall retain the right to vote
as they may choose and to express their
opinions on all political subjects and candi
dates.’-
The act requires the federally aided
agency involved to report violations to
the United States Civil Service Com
mission, whose duty it is to conduct
hearings and assess penalties. The pen
alties provided are removal from office
or employment and the loss of the right
to hold such office or employment for
18 months thereafter. The act also pro
vides that Federal aid grants may be
withheld in an amount equal to two
years compensation for the officers or
employees involved. The act admits ap
peal to the courts and states that ig
norance of the provisions of the act
will not excuse violations. It has been
interpreted to exclude from its purview
executive heads of State and local gov
ernments, such as governors, mayors,
etc., however, part time or per diem
employes have been ruled subject to the
act while in active service.
U. S. CIVIL SERVICE
COMMISSION RULING
In a recent publication the United
States Civil Service Commission has
issued the following detailed interpre
tations:
“Partisan activity in connection with
Municipal, County, State, or National elec
tions, primary or regular, in which political
party candidates are involved is prohibited.”
“AMONG THE FORMS OF POLITICAL
ACTIVITY PROHIBITED ON THE PART
OF FEDERAL OR STATE OR LOCAL
AGENCY OFFICERS AND EMPLOYEES
W HO ARE' W ITHIN THE SCOPE OF
THE ABOVE-QUOTED LAWS ARE—
Serving on or for any political committee,
party, or other similar organization.
Soliciting or handling political contribu
tions.
Serving as officer of a political club, as
member or officer of any of its committees,
addressing such a club or being active in or
ganizing it.
Serving in connection with preparation for,
organizing, or conducting a political meet
ing or rally, addressing such a meeting or
taking any other active part therein except
as a spectator.
Engaging in political conferences while on
duty, or canvassing a district or soliciting
political support for a party, faction, or can
didate.
Manifesting offensive activity at the polls,
at primary or regular elections, soliciting
votes, assisting voters to mark ballots, or
helping to get out the voters on registration
or election days.
Acting as recorder, checker, watcher, or
challenger of any party or faction.
Serving in any position of election officer,
in which partisanship or partisan political
management may be shown.
Publishing or being connected editorially
or managerially with any newspaper gen
erally known as partisan from a political
standpoint; or writing for publication or
publishing any letter or article, signed or
unsigned, in favor of or against any political
(Continued on page 25)