This report provides information on the permissibility, under federal law, of a federal employee in an agency or department of the executive branch of government being a candidate for elective office. Under the provisions of federal law commonly known as the "Hatch Act," civilian employees in the executive branch of the federal government (other than the President and Vice President) have, since 1939, been prohibited from running as candidates in partisan elections. Amended in 1993, the Hatch Act now permits federal employees to engage in a wide range of voluntary, partisan political activities on their own, off-duty time, but still prohibits employees from being candidates "for election to a partisan political office." Such employees, it may be noted, may run for office in a "nonpartisan" election (that is, an election in which none of the candidates represents a political party); may run as an "independent" in partisan elections in certain specified, exempt localities in which a number of federal employees reside; and may generally be candidates for and hold positions in political parties and their affiliated organizations. Although the Hatch Act was significantly amended in 1993 to allow the vast majority of federal employees to engage in voluntary, off-the-job partisan political activities, certain employees in the executive branch, including those in law enforcement or national security agencies or offices, remain under much more restrictive provisions regarding political activities, even on their own free time. Political Party Positions

Most federal employees in the executive branch are allowed to hold and campaign for positions and offices in political parties and other partisan political organizations. 5 U.S.C. § 7323(a)(2).
The federal law commonly known as the "Hatch Act" applies to all federal officers and employees—other than the President and Vice President—in the agencies, departments, bureaus, and offices of the executive branch of the federal government. Under the significant amendments made to the law in 1993, the Hatch Act now generally permits most federal employees to engage in a wide range of voluntary, partisan political activities on their own off-duty time and away from the federal workplace. Some employees in specified agencies and positions, including those dealing with law enforcement and national security matters, it should be noted, may be subject to further restrictions on their off-duty partisan political activities, and may not take any active part in political management or political campaigns.
Although most officers and employees in the executive branch of the federal government are now free to engage in most voluntary, partisan political activities on their own free time, employees in the executive branch may still not be candidates "for election to a partisan political office" (5 U.S.C. § 7323(a)(3)), that is, federal employees may generally not be candidates for elective office in a partisan election. Most civilian employees in the executive branch may, however, (1) run for office in a "nonpartisan" election (that is, an election in which none of the candidates represents a political party); (2) run as an "independent" in partisan elections in certain specified, exempt communities in which a number of federal employees reside; and (3) be candidates for and hold positions in political parties and their affiliated organizations.