HATCH ACT OF 1939

The Hatch Act of 1939 banned federal employees from participating actively in political campaigns or from using their official positions to coerce voters. The Pendleton Act of 1883 and several executive orders had limited partisan political activity by career civil servants. During the 1930s, the number of federal government relief workers ballooned. Conservative Democrats and Republicans hoped to prevent Democratic President Franklin Roosevelt's administration from using relief monies to influence congressional primaries and elections. In 1938, New Deal liberal candidates seeking renomination or to unseat conservative Democrats in Kentucky, Tennessee, and Pennsylvania were accused of diverting Works Progress Administration (WPA) funds to enhance their electoral prospects. The Senate Campaign Expenditures Committee upheld those accusations in January 1939.

Democratic Senator Carl Hatch of New Mexico complained that several relatives of rival New Mexico Democratic Senator Dennis Chavez had coerced WPA officials. In January 1939 Hatch introduced legislation prohibiting the assessment or solicitation of funds from WPA employees and the removal of any personnel because of refusal to change political affiliation. Section 9 prevented federal officials and workers from using their positions to interfere in presidential or congressional primaries or elections. Enforcement was left to department heads, and violators were subject to a $1,000 fine or imprisonment for one year.

Hatch Act supporters claimed that a politically neutral civil service would achieve an impartial government and protect federal workers from coercion or threats by superiors. Critics countered that the Hatch Act was vague and overly broad, denied millions of federal employees freedom of speech and association, and discouraged political participation among political activists.

The Senate adopted the Hatch measure in April 1939 and the House followed suit in July. President Roosevelt disliked Section 9, but reluctantly signed the bill into law on August 2. The Hatch Act initially magnified the influence of local bosses, rural legislators, and labor unions. The original law, therefore, was extended in 1940 to include 250,000 state employees paid wholly or partially from federal funds and to require the nonpayment and removal of violators. A 1950 amendment reduced the penalty to 90 days suspension without pay.

Divided Supreme Courts upheld the constitutionality of the Hatch Act in 1947 and 1972, regarding public employment as a privilege subject to reasonable conditions. The Commission on Political Activity of Government Personnel in 1966 recommended relaxing restrictions and penalties. In 1993 Congress adopted the Federal Employees Political Activities Act, which permitted most federal civil servants to run for public office in nonpartisan elections, contribute money to political organizations, and campaign for or against candidates in partisan elections.

See Also: WORKS PROGRESS ADMINISTRATION (WPA).

BIBLIOGRAPHY

Eccles, James. The Hatch Act and the American Bureaucracy. 1981.

Ponessa, Jeanne. "The Hatch Act Rewrite." Congressional Quarterly Weekly Report (13 November 1993): 3146–3147.

Porter, David L. Congress and the Waning of the New Deal. 1980.

Porter, David L. "Senator Carl Hatch and the Hatch Act of 1939." New Mexico Historical Review 47 (April 1973): 151–164.

David L. Porter