The Hatch Act is in place for a reason; let’s not forget it

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Opinion

June 24, 2019 - 10:18 AM

In 1980, I covered the campaigns of candidates vying to succeed Kansas First District Rep. Keith Sebelius, who was retiring after 12 years in the U.S. House. It was the first time I remember hearing about the Hatch Act.

One of the Republicans in the race worked for the U.S. Department of Agriculture. To comply with the law that restricts federal employees’ political activities, he had left his job to run for office. I no longer recall the candidate’s name, but I do remember he didn’t resent the requirement — even though his campaign was a long shot.

In his view, the restrictions were part of the ground rules, and those who participated in politics should abide by the ground rules.

The Hatch Act has been in the news recently because one of President Donald Trump’s closest advisers repeatedly violates it.

The Office of Special Counsel describes the law this way: Passed in 1939, the “law’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.”

In the 1980 election, Pat Roberts, who had been an aide to Sebelius, won the primary and general elections. As a member of Congress — first in the House and then the Senate — Roberts and his staff also are expected to comply with federal laws that separate the people’s work from the politicians’ campaigns.

In addition to the Hatch Act, there are rules about using government offices, equipment and staff to raise funds for campaigns. Still more laws restrict how you can use taxpayers’ money and how you can use campaign funds. Such rules aim to keep separate the work done on behalf of the public and that done on behalf of political campaigns.

The Hatch Act was passed in response to scandals in the Franklin Roosevelt administration. According to a Time magazine piece, newspapers in the 1930s reported that Roosevelt’s staff bought votes for favored candidates with promises of jobs and promotions in the Works Progress Administration. 

Congress acted because of the long-held belief that U.S. politicians should understand that it’s wrong to use public money and resources to further their personal political ambitions.

That principle has now been tromped to dust.

Consider the OSC’s recommendation regarding Kellyanne Conway, a close adviser to the president:

“Ms. Conway’s disregard for the restrictions the Hatch Act places on executive branch employees is unacceptable. If Ms. Conway were any other federal employee, her multiple violations of the law would almost certainly result in removal from her federal position by the Merit Systems Protection Board. As a highly visible member of the Administration, Ms. Conway’s violations, if left unpunished, send a message to all federal employees that they need not abide by the Hatch Act’s restrictions.”

In response, the president told Fox News that it was unfair to expect Conway to comply with federal law, that it violated her free-speech rights.

“No, I’m not going to fire her,” Trump said. “I think she’s a terrific person. She’s a tremendous spokeswoman. She’s been loyal. She’s just a great person.”

Conway is not the only Trump administration official to break the law. And members of previous administrations also were cited as violators.

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