The Hatch Act 101. - Judge rules sending political e-mail while at work not a violation (in this particular case).

The Hatch Act, which dates to 1939, is supposed to keep politics out of the federal workplace and ensure that taxpayer-supported resources are not misused in the service of partisan campaigns.

Under the act, federal employees cannot engage in political activity while on duty, use their official authority to influence an election, solicit money for a partisan candidate or run as a candidate for partisan office. They may, however, run in nonpartisan elections, vote, express opinions about candidates and, on their own time, contribute money and campaign for or against a candidate.
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Two government employees did not violate restrictions against partisan politics in the federal workplace last fall when they sent politically charged e-mails to more than 20 of their colleagues, an administrative law judge ruled this month.

The April 14 ruling by Judge Arthur J. Amchan of the Merit Systems Protection Board dismissed attempts by the Office of Special Counsel to have the two Social Security Administration workers fired for violating the Hatch Act, which limits political activity by employees in federal offices and on government time.

Amchan ruled that the e-mails amounted to the electronic equivalent of a discussion of politics around the office water cooler, something that is legal.

(4-27-05, The Washington Post.)