Garland Bans Political Appointees from Campaign Events

[BumRushDaShow]

27. Appointees? Yes except for certain circumstances (which he is apparently forbidding)

https://osc.gov/Services/Pages/HatchAct-FAQ.aspx#tabGroup27

Presidential Appointees with Senate Confirmation

I am an employee who was appointed by the President, by and with the advice and consent of the Senate (PAS). Am I covered by the Hatch Act?

Yes. An employee appointed by the President, by and with the advice and consent of the Senate (PAS), is subject to the provisions of the Hatch Act. However, certain PAS's are not subject to the Act's prohibition against engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle. To be exempt from this prohibition, a PAS must meet all of the following criteria:

1) the duties and responsibilities of his position must continue outside normal duty hours and while away from the normal duty post;

2) his position must be located within the United States; and

3) he must determine policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of federal laws. ​

If a PAS meets all these criteria, he is not prohibited from engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle, provided the costs associated with the political activity are not paid for by money derived from the Treasury of the United States. However, the PAS remains subject to all the other prohibitions of the Hatch Act, and thus, may not: use his official authority or influence for the purpose of interfering with or affecting the result of an election; knowingly solicit, accept, or receive a political contribution from any person; be a candidate for public office in a partisan election; or knowingly solicit or discourage the political activity of any person who has business before the employee's employing office.​​​

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