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Health & Fitness

Sorry Virginia

You Can't Run For Office

A State Assembly race in Central Orange County has taken an interesting turn.  Two candidates emerged out of the primary and are on the ballot this November.  Both of these candidates work for the County of Orange.  However, one of the candidates has been barred from running for the office based on the Hatch Act.

For those unfamiliar with the Hatch Act, here is Wikipedia’s description:

The Hatch Act grew out of a long tradition of civil service reform. It removed political patronage from government jobs and blocked office holders from using their power for partisan ends. The immediate need came from the widespread allegation that Works Progress Administration (WPA) workers had been used by local Democratic Party politicians during the congressional elections of 1938.  The Act was sponsored by Senator Carl Hatch following disclosures that WPA officials were in fact using their positions to win votes for the Democratic Party, just as many had alleged.

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An amendment on July 19, 1940 extended the Act to certain employees of state and local governments whose positions are primarily paid for by federal funds. It has been interpreted to bar political activity on the part of employees of state agencies administering federal unemployment insurance programs and appointed local law enforcement agency officials with oversight of federal grant funds. The Hatch Act bars state and local government employees from running for public office if any federal funds support the position, even if the position is funded almost entirely with local funds (bolded words my emphasis).

The other county employee was not barred since his position is elected.

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It is also important to note that an exemption for teachers was written into the law.

The county employee that was barred from running for partisan office is a mid-level manager lacking any authority to grant special consideration to anyone. 

So what is the takeaway?  The growth in federal government spending is making it virtually impossible for anyone employed by government to run for partisan office with the exception of public school teachers.  It is important to note that it also bars candidates for non- partisan office to express any partisanship in their race.

The federal government has its tentacles in just about everything.  Think about the number of grants received by local government.  A sewer worker couldn’t run for partisan office if the public works department received any federal money if it could be argued that any of it went to pay the worker.

Challenges to the constitutionality of this provision have withstood judicial scrutiny but that doesn’t make it right.  It’s time for Congress to take a second look at the Hatch Act and grant the teacher’s exemption to other local government employees.

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