What carriers can (and can't) do in politics and legislation

Know the rules

With greater involvement by letter carriers in political campaigns and party organizations, it has become increasingly important to review the rules by which we, as federal employees, can participate in elections and partisan political campaigns. Specifically, letter carriers and all union officials and volunteers need to be aware of both the Hatch Act and the Federal Election Campaign Act (or FECA), the laws that govern our contributions in the election process. Following these guidelines allows us to reach our members and the general public, thereby maximizing our efforts to elect pro-letter carrier and pro-worker candidates to all levels of government.

This page on the Hatch Act and FECA address many of the issues carriers will face, along with many of the issues we have heard about from members over the past few years. This information does not refer to all types of federal employees. For example, if you have a spouse who works for the Department of Justice's Criminal Division, your spouse would have a different and more constrictive set of rules governing what he or she may do for a political campaign. The full list of restricted agencies, along with more information regarding the Hatch Act and FECA, can be found on the web pages of the Office of Special Counsel and the Federal Election Commission.

Hatch Act

Prior to 1993, as an active letter carrier, you and your brothers and sisters were barred from taking any significant volunteer role for any political campaigns. The primary sentiment behind the law was to protect federal employees from being strong-armed and intimidated into helping their bosses run for reelection. But as times and campaigns changed, many believed that federal employees were being wrongfully left out of the political process.

So, in 1993, Congress amended the Hatch Act to allow federal employees to take an active part in political campaigns for federal offices. While there are still some restrictions on what federal employees (including you and your fellow active carriers) can do, there is indeed greater latitude given to your participation. Thanks to changes in the Hatch Act, active carriers and other federal employees have been able to participate in campaigns for president, the Senate and the House of Representatives.

Remember: Retirees, spouses and family members are not bound by the Hatch ACT!

Hatch Act do's and don'ts

Below are the primary guidelines that active letter carriers need to follow when working or volunteering on political campaigns for federal office. Remember, though, that just because the Hatch Act doesn't say "No," that doesn't mean it's legal! Check the section below on FECA for more information.

Do's: Active letter carriers may—

• Be candidates for public office in nonpartisan elections
• Register and vote as they choose
• Assist in voter registration drives
• Express opinions about candidates and issues
• Attend fundraisers and contribute money to political organizations and campaigns
• Volunteer on campaigns
• Recruit volunteers for political campaigns
• Participate in activities such as phone-banking and precinct-walking
• Display bumper stickers, lawn signs and other campaign paraphernalia
• Raise money for COLCPE from other letter carriers
• Run for nonpartisan offices (that is, political parties are not listed on the ballot)
• Volunteer, run for and hold an office in a local or state political party

Dont's: Active letter carriers may not—

• Raise money for partisan political campaigns
• Run for political office (even if you report "No Party Affiliation")
• Allow your name to be used in any fundraising appeal on behalf of partisan political campaigns
• Participate in a phone bank that is engaged in fundraising for a partisan campaign
• Raise money for COLCPE from non-letter carriers

Bottom line: Be off the clock, out of the uniform (and government vehicles) and away from the workplace

Common Hatch Act questions

Through conversations the Legislative and Political Affairs Department has had with many carriers, we have noticed that there are some common concerns regarding some of the specific issues surrounding the Hatch Act. One of the biggest questions comes from donations to a political candidate. You can personally make a donation, say, to a person running for Congress, but you cannot solicit a donation from anyone specifically for that candidate.

The Hatch Act does allow you to run and serve as treasurer for a political organization, but you cannot have your name on the invitation for the event as a solicitor, nor can you collect and deposit the checks/cash. A recent response from the Office of Special Counsel regarding serving as treasurer states that "employees may not knowingly solicit, accept, or receive political contributions unless: both individuals are members of the same federal labor organization; the person solicited is not a subordinate employee; and the solicitation is for a contribution to a multi-candidate political committee." Your name can appear on the invitation if you are a speaker, but this cannot suggest in any way that you are soliciting or encouraging contributions to a partisan political candidate. However, as treasurer, you can prepare and file the campaign finance reports and pay campaign bills for a partisan political candidate.

If you have other questions regarding The Hatch Act, feel free to contact the Office of Special Counsel on the web or by phone at 800-85-HATCH.

Federal Election Campaign Act

While the Hatch Act pertains only to the federal workforce, the Federal Election Campaign Act (or FECA) regulates all activities associated with federal elections—for presidential, Senate and House races. Union political involvement at all levels is regulated by FECA. Just as the Hatch Act can be summarized by "off the clock and out of uniform," FECA allows unions to fund and participate in political activity when such activity is limited to members, their families and union employees. When raising funds for the Committee on Letter Carrier Political Education (COLCPE), only NALC members, staff and families can be asked to donate. Also, only COLCPE money can be donated directly to a political campaign. NALC treasury funds can be used to communicate with members, staff and families, but there are some restrictions.

Political action committees—COLCPE

Only individuals and political action committees can make direct contributions to political campaigns; unions are barred from donating treasury funds to campaigns. COLCPE receives and disburses funds solely for political activity. Additionally, COLCPE's greatest asset is the ability to pool resources—through COLCPE, letter carriers can donate up to $10,000 to each candidate during an election cycle. Individuals can only donate a maximum of $2,000 during this same timeframe.

COLCPE funds are raised through various sorts of solicitations—union meetings, trainings and conventions, direct mail pieces. NALC members (both active and retired), staff and their families make up COLCPE's "restricted class." When raising money for COLCPE, there is no limit on solicitation of this restricted class. However, these people cannot be forced to contribute to COLCPE or be reprimanded for not contributing, though incentives and rewards for donating and for participating are acceptable.

Funds for COLCPE can be raised in a variety of ways—fundraisers, raffles and direct mail are the most frequently used by carriers and NALC. However, FECA states that only contributions less than $50 can remain anonymous, and any contributor whose donations exceed $100 during the two-year election cycle must give by writing a check.

Communications

The Federal Election Campaign Act also specifies what forms of communication NALC and other unions can undertake by using general treasury funds at the branch, state and national levels. Because "content of …communication is determined by the audience for which they are intended," it is important to confine advocacy for or against a particular candidate or party to the restricted class mentioned above. When NALC communicates with its members or restricted class, communications can include fundraising for COLCPE, express advocacy ("Vote for Candidate X"), as well any coordinated communications with a particular candidate ("Candidate Z is having a rally at the VFW Hall Thursday night at 7") can appear in your branch newsletter.

Communicating with the general public

When a labor union communicates with the general public, it must do so as issue advocacy—providing information about a particular issue without supporting a candidate or party ("Contact your Representative about the need for responsible postal regulations.") These regulations affect publications and voter education, candidate endorsements and appearances, voter registration programs, and Get-Out-The-Vote efforts.

Communicating with members

NALC and other labor unions can use their treasury funds to communicate with members about specific candidates using a variety of means. These can include branch newsletters with an article about the endorsed candidate; a flier comparing the candidates; a letter from the branch president or state chair encouraging members to vote a certain way; and phone calls from the union to encourage members and their families to vote for the union-recommended or union-endorsed candidate. A candidate does not have to be officially endorsed by the members to communicate with members about his campaign. The only restriction for this express advocacy is that the newsletter, flier or phone call must be limited to union members, staff and their families. The union cannot give to non-members or the general public, at the Post Office gates, leaflets that expressly call for the support or defeat of a candidate.

When the union invites a candidate to speak at a rally or a meeting, the membership must be mindful of these limits. A person running for federal office can advocate for his or her candidacy and solicit campaign contributions from attendees, and the union is not obligated to invite the opponent as long as only the restricted class is present. Similarly, a member or the union as a whole can advocate the campaign of the invited speaker or discourage support of the opponent—again only if the audience is made up of members, staff and their families.

Raising funds for a candidate

Unions, however, are limited in their ability to raise funds directly for candidates, though they can encourage members to support him or her in the upcoming race or to contribute to COLCPE. Only a candidate can initiate "passing the hat" for the campaign; if the union initiates this, the money collected must go to COLCPE. The candidate is allowed to leave contact information and mailing envelopes at the union hall for members.

Endorsing candidates

Endorsement of a candidate can be announced at the candidate appearance or in communication with members. A union can also announce its endorsement (and rationale for that endorsement) to regular press contacts after the endorsement has been made. An endorsement cannot be coordinated with a candidate or his campaign.

"Get out the vote"

NALC and other unions can conduct voter registration and "get out the vote" efforts asking that members, staff and family members register for a particular political party or vote for a specified slate of candidates, and can use general treasury funds for these activities. Labor unions also can distribute voter information produced by official election administrators—absentee ballot applications and register-by-mail materials. Also, a union cannot provide or deny transportation to a polling place or voter registration office based on support of a particular candidate or registration with a particular political party. Again, these must be done only for members and their families if general treasury funds are to be used.

For more information

If you have any questions, feel free to contact your regional field coordinator, the Hatch Act unit of the Office of Special Counsel, or the Federal Election Commission.