1. (1) As modified by Section 1502(a)(3), Hatch Modernization Act of 2012, a state employee whose salary is 100% funded by federal loans or grants may be restricted in political activity.

   1. (a) State employees in positions covered by the Hatch Act may run for public office in non-partisan elections, campaign for and hold office in political clubs and organizations, actively campaign for candidates for public office in partisan and non-partisan elections, contribute money to political organizations, and attend political fundraising functions.
   2. (b) State employees in positions covered by the federal Hatch Act may not be candidates for public office in a partisan election, use official authority or influence to interfere with or affect the results of an election or nomination, or directly or indirectly coerce contributions from subordinates in support of a political party or candidate.

2. (2) Before filing for candidacy, a state employee who is considering running for a partisan office shall submit a statement of intent to become a candidate to the agency head.

   1. (a) The agency head shall consult with DHRM.
   2. (b) DHRM shall determine whether the employee's intent to become a candidate is covered under the Hatch Act.
   3. (c) Management may discipline an employee who violates Subsection R477-9-4(1)(b) up to dismissal.
3. (3) An employee may not run for partisan political office if an agency head determines that the employee's position is covered by the Hatch Act.
4. (4) If an employee's position is covered by the Hatch Act and the employee files for candidacy, the agency head shall dismiss the employee.
5. (5) Management shall grant a leave of absence without pay to any career service employee elected to any partisan or full time non-partisan political office for times when monetary compensation is received for service in political office.
6. (6) During work time, no employee may engage in any political activity. No person shall solicit political contributions from employees of the executive branch during hours of employment. However, a state employee may voluntarily contribute to any party or any candidate.
7. (7) Decisions regarding employment, promotion, demotion, dismissal, or any other human resource actions may not be based on partisan political activity.

A state employee may voluntarily participate in political activity, except as restricted by this section or the Hatch Act of 1939, 5 U.S.C. 1501 et seq.

KEY: conflict of interest, government ethics, Hatch Act, personnel management

Date of Last Change: July 3, 2024

Notice of Continuation: March 9, 2022

Authorizing, and Implemented or Interpreted Law: 63G-7-2; 63A-17-106; 63A-17-904; 5 U.S.C. 1502(a)(3)