Election Over, Workers Can Break Out the Campaign Buttons

The Hatch Act, which regulates the political activity of federal employees, isn't as restrictive as some workers think. It might surprise them that the law even allows wearing and displaying campaign items on the job -- as long as it's after the election.

So you now can break out your Obama buttons, or your McCain signs, without getting the boot.

But it might be hard to tell that from the roundabout way the Office of Special Counsel explains the law.

"An employee covered by the Act may not, among other things, engage in political activity while on duty, in a government building, while wearing an official uniform, or using a government vehicle," reads the statement.

"Political activity has been defined as activity directed toward the success or failure of a political party, candidate for a partisan political office or partisan political group."

The statement goes on to say that until votes of the Electoral College "have been tallied and certified, all candidates for President and Vice President retain their status as candidates."

That won't happen until the first week of January.

Therefore, the statement continues, "an individual ceases being a Presidential candidate for purposes of the Hatch Act on the sixth of January following Election Day."

But then the special counsel changes gears. After explaining why the election really isn't over, the office concluded it's okay for federal employees to wear and display campaign gear.

"Even though Senators McCain and Obama will still be Presidential candidates until January 6, 2009, we do not believe that wearing their campaign t-shirts or displaying their pictures after Election Day is activity directed at the success of their candidacies. Accordingly, the Hatch Act does not prohibit a federal employee from doing so, even while on duty or in the federal workplace."

You can read the statement at http://osc.gov/documents/hatchact/federal/Hatchact08.PDF

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