Cabinet members hit the campaign trail

Commerce Secretary Howard Lutnick, FCC Chair Brendan Carr, and Interior Secretary Doug Burgum appeared with President Trump to support Republican Sen. Dan Sullivan at a rally in Wasilla, Alaska on Oct. 13.

More officials campaign across the country

Defense Secretary Pete Hegseth appeared in Wisconsin on Oct.20 with GOP Rep.Derrick Van Orden.Vice President JD Vance and Burgum spoke at a rally in Topeka, Kansas.

Transportation Secretary endorses Michigan candidate

In August, Transportation Secretary Sean Duffy endorsed Republican Senate candidate Mike Rogers in Michigan, adding to the pattern of Cabinet members campaigning for Republican candidates.

The Hatch Act explained

The Hatch Act is an eighty-seven-year-old federal law passed by Congress in nineteen thirty-nine that prohibits certain government employees from using their official authority or influence to interfere with or affect election results.

Why the law exists

The Hatch Act was established to ensure federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure advancement based on merit rather than political…

The key violation: using official titles

Many complaints center on officials being introduced at rallies by their Cabinet positions. The law requires political activity be conducted purely in personal capacity, without using official title or implying government endorsement.

“Political activity must be conducted purely in your personal capacity, without using your official title, without implying endorsement of the United States government.”

Complaints filed over Alaska rally

The Democracy Defenders Fund and Reporters Without Borders filed a complaint in October over the Alaska rally, claiming FCC Chair Brendan Carr impermissibly mixed his official work into his personal remarks.

Complaint filed over Michigan endorsement

In September, the same two advocacy groups filed a complaint against Transportation Secretary Sean Duffy for his appearance in Michigan and endorsement of Republican Senate candidate Mike Rogers.

The scale of complaints is unprecedented

Kedric Payne, head of ethics at the Campaign Legal Center, says the number of Hatch Act violation complaints is extreme and abnormal for election time, especially against senior officials, with well over twenty complaints filed…

“The number of Hatch Act violation complaints is extreme and abnormal for election time, especially for complaints against senior officials.”

Complaints over social media and TV appearances

CREW, a nonprofit government watchdog, filed complaints against White House Deputy Chief of Staff Stephen Miller for Fox News comments against Democratic candidates, and against Health Secretary Robert F.Kennedy Jr.

Administration denies wrongdoing

The Trump administration argues that senior officials are allowed to discuss current events, policies, and candidates involved with those policies to advance the administration's agenda, and that their conduct was cleared by lawyers and ethics…

Taxpayer-funded political ads alleged

The Campaign Legal Center filed a complaint accusing several administration officials of using taxpayer money for political ads touting partisan rhetoric to influence the midterms, citing ads promoting Trump's Iran actions, decrying socialism, and featuring…

Officials named in ads complaint

The complaint specifically requests investigation into Office of Management and Budget Director Russell Vought, Department of Homeland Security Secretary Markwayne Mullin, White House Chief of Staff Susie Wiles, and White House Appointments Secretary Natalie Harp.

Trump defends the political ads

Trump defended the ads by saying he was only promoting the country rather than specific candidates. He said of the ads: that's an ad for the spirit of our country.

“That's an ad for the spirit of our country.”

Complaint over Omar raid timing

The Democracy Defenders Fund filed a Hatch Act complaint over a federal raid on Democratic Rep.

Enforcement depends on the President

Following an Office of Special Counsel investigation, the Merit Systems Protection Board determines disciplinary measures, but for Cabinet officials the OSC refers findings to the President, who decides punishment.

Possible penalties for violations

Federal employees found to have violated the Hatch Act can face civil penalties including fines, suspension, or letters of reprimand. Criminal violations involving coercion can result in up to three years in prison.

Pattern from first Trump administration

An Office of Special Counsel report from twenty twenty-one found that in twenty twenty, at least thirteen senior Trump administration officials violated the Hatch Act, establishing a pattern of enforcement challenges under this President.