Washington, DC - May 9, 2019: Various President Donald Trump swag memorabilia campaign buttons for sale in a Washington DC souvenir shop. Hatch Act guidance restricts the workplace display of campaign or election-related items. Image: melissamn/Shutterstock.com
By: FEDweek StaffAs the campaign season enters its final weeks, DHS has issued a reminder to its employees about Hatch Act restrictions—which apply government wide—focusing on displays of items in the workplace.
“Nothing in the Hatch Act or DHS policy impairs your right to vote, make a political contribution on your own time and using personal equipment, express opinions about candidates or issues, or engage in non-partisan activities,” it says. However, “Employees are prohibited from displaying photos or campaign/election-related items involving current candidates for partisan political office, a partisan political party, or partisan political groups in the workplace or while in uniform.”
It calls attention to Office of Special Counsel guidance that “restricts the workplace display of campaign or election-related items supporting “current or contemporary” political figures.” That term is defined, it says, “as an individual who received a political party’s nomination for President or Vice President in the most recent presidential election. Until the election on November 5, 2024, that definition includes Donald Trump (R), Mike Pence (R), Joe Biden (D), Kamala Harris (D), Howie Hawkins (G), Angela Walker (G), Jo Jorgensen (L), and Spike Cohen (L).”
“Employees may continue to display photos of current or contemporary political figures who are not current candidates, so long as the photo is not from a campaign or campaign event. However, employees may only display photos of current partisan political candidates if: (1) the photo commemorates an event of personal significance to the employee, (2) the employee is in the photo themselves, and (3) the photo is not from a campaign event,” it says.
“Additionally, the new guidance does not affect the historical exception that allows the display of the official photos of the incumbent President and Vice President, in their standard display size, provided they are not altered in any way. The Hatch Act does not prohibit the display of photos depicting employees conducting official agency duties such as personnel security for current or contemporary political figures, provided the intent is not to communicate support for a particular candidate,” it says.
It adds that the Hatch Act “does not prevent employees from having workplace conversations about policies or topics that are controversial.” But it warns that employees “should exercise caution and avoid workplace conversation that veers to involve expressions of support for or against a partisan political party, candidate for partisan political office, or partisan political group.”
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