Hatch Act Applicability

LoriP · November 2003

Would a non-profit corporation that recieves funding from the federal government be prohibited from providing access to polls on voting days, provided that no funding is obtained from any particular political party for transportation?

Thank you in advance for your help,
Lori

deniseE · November 2003

Probably not. But you may want to run this by your attorney-just to be sure. As I understand it, the goal of the Hatch Act is to prevent a government employee from having an undue influence on the outcome of elections....whether it be by "pressuring" for votes in one direction or another OR as a candidate by using his job as some kind of leverage (promising "favors" and the like).

We are also a non-profit/state agency and always assumed that we are under the Hatch Act. Our employees have been told that they may not seek elected office or actively campaign for any candidate or political organization. Recently, this position was set to be reviewed. I haven't heard the outcome yet.

Don D · November 2003

I do think the Act also prohibits the use of federally funded facilities or transportation from providing rallies and rides to the polls along with a sample ballot and the usual 'recommendations for voting' that go along with those sorts of activities. It's my humble opinion that organizations don't have as part of their charter or operational goals getting people to the polls. There's an awful lot of chicanery that goes along with this type of activity, typically. The poster who advised you check with the organization's attorney is correct.

Crout · November 2003

Who are providing access for? Employees or clients?

LoriP · November 2003

We would be transporting clients. Our agency operates a public transportation program with a total of 10 buses (we live in a rural area). We would like to simply dedicate a bus for poll transporation, but I am not sure if that is allowable.

Thanks,
Lori

marc · November 2003

In our non-profit, the problem would have more to do with using funds that are restricted for specific program use than the Hatch Act. If you have unrestricted funds to pay for the costs associated with the running the busses, you are probably OK. This can be a sticky section to interpret. I agree with checking it out with legal. Since you are non-profit, they may donate the advice.

Don D · November 2003

In my part of the country, it is very typical during elections, for the Headstart busses to be seen hauling multitudes of Democrat voters to the polls. The State Auditor's office and the Justice Department are very interested in this phenomenon. (Don't shoot the messenger)

Hatch Act Applicability

Comments