Feds could run for political office in Virginia county, under proposed rule

Most federal employees living in King George County, Va., would be partially exempt from restrictions on political activity under a proposed rule from the Office of Personnel Management.

The draft rule, which the Federal Register will publish on Monday, would allow most federal employees residing in the northeastern Virginia county to run as independent candidates for election to local partisan political office. The exemption also would allow certain federal workers to solicit, accept or receive a political contribution as, or on behalf of, an independent candidate for partisan political office in local elections. In addition, they could receive political contributions on behalf of a party-affiliated candidate for local partisan political office. The same exemption would apply to soliciting or accepting volunteer campaign services.

The Hatch Act restricts federal, state and local government employees from certain political activity. Prohibited activities include running for office in partisan elections or engaging in political activity while on duty or in a government office. Federal workers also cannot solicit or receive political contributions from any person except in certain instances involving labor organizations or employee groups. Federal employees are allowed to be candidates for office in nonpartisan elections, contribute money to political organizations, and campaign for or against candidates in partisan elections, among other freedoms.

The law provides some allowances for federal workers in Maryland, Virginia and other designated localities. OPM has the authority to grant the partial exemption under certain conditions to communities where the government employs large numbers of voters or are in the immediate vicinity of the District of Columbia. Another factor the agency considers in determining an exemption is whether certain circumstances dictate that the interests of the employees are served by permitting their local political participation.

"Principal factors leading to OPM's determination are the proximity of King George County to the District of Columbia, the rapid growth of the county within the past few years, significant public issues associated with this growth, and a significant federal presence within King George County," the proposed rule stated.

King George County is located on Virginia's Northern Neck peninsula, about 83 miles outside Washington. The U.S. Naval Surface Warfare Center at Dahlgren is one of the area's major employers.

Exempted employees still are prohibited from some political activities, including:

• Running as the representative of a political party for local partisan political office
• Soliciting a political contribution on behalf of an individual who is a candidate for local partisan political office and who represents a political party
• Participating in political activity while on duty, in a government workplace or while wearing a uniform, badge or other insignia identifying them as a federal worker

The exemptions did not apply to several categories of employees, many of whom work in national security or law enforcement.

OPM has designated several localities in Maryland and Virginia as partially exempt from certain Hatch Act restrictions. Other communities benefiting from the special dispensation are Anchorage, Alaska; Benecia, Calif.; Bremerton, Wash.; Centerville, Ga.; Crane, Ind.; Elmer City, Wash.; Huachuca City, Ariz.; New Johnsonville, Tenn.; Norris, Tenn.; Port Orchard, Wash.; Sierra Vista, Ariz.; and Warner Robins, Ga.

The number of complaints related to inappropriate political activity in the federal workplace increased in fiscal 2010, according to the Office of Special Counsel. Since January, Congress and the Obama administration have been looking more closely at the Hatch Act. Confusion still surrounds the details of the law, and some believe OSC's guidance on it is too ambiguous.