The Federal Employee Hatch Act does not apply to the sitting president or vice president.
Fact Check:
Social media users are claiming that Harris violated the Federal Employee Hatch Act when she engaged in political activity behind the official Seal of the Vice President of the United States. The caption reads, “Kamala Harris has just violated the Hatch Act in her latest speech, 13 days before the Election 😬.”
This claim is false. The Federal Employee Hatch Act prohibits most federal employees from engaging in political activity while on duty. The text reads, “Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not—(1) use his official authority or influence for the purpose of interfering with or affecting the result of an election.”
However, the act’s text reads, “’employee’” means any individual, other than the President and the Vice President.” This means that Harris is not subject to the Hatch Act.
There is no evidence that suggests the Federal Employee Hatch Act will be updated to pertain to the sitting president and vice president. Enforcement of the Act was last updated in March. The Act itself was last significantly amended in 1993.
Check Your Fact has reached out to the Harris campaign and The White House for comment.
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