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THE HATCH ACT OF 1939

goods or advertising, the proceeds of which would benefit candidates for election to federal office, was prohibited. All provisions of the act relating to federal employees were extended to state employees engaged in any function financed by federal funds. Later statutes, especially those of the 1970s, dealt with the use and limitation of campaign contributions. In 1993, with President Clinton’s backing, the Hatch Act was amended to allow all these things, so long as they are done outside the workplace and government employees don’t exploit their positions for political purposes. The Hatch Act reform permitted more political activity by federal and D.C. government employees andliberalized restrictions on partisan political activities by off-duty federal employees. Further, by Department of Defense (DOD) policy, Presidential appointees confirmed by the Senate and non-career SES members may not engage in actions that could be interpreted as associating the DOD with any partisan political cause or issue. (These amendments did not change the provisions applying to state and local employees.) With the 1993 amendments, many federal employees (including Army civilian employees) are now permitted to take an active part in political management or in political campaigns. However, certain federal agrncies and categories of employees continue to be subject to important restrictions on political activities (including partisan candidacy, solicitation of contributions, and on-duty political activity). The amendment specifically allows employees of the Executive Office of the president to engage in "political activity." The law defines political activity to include anything campaign-related--organizing events, planning party strategy--except fund raising, which it completely prohibits. These same limits apply to Cabinet secretaries and all other presidential appointees approved by the Senate. The president's campaign or...

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