Friday, May. 1, 2026
Fact Brief: “Is it legal for elected public officials to use their authority or office to influence an election?”
Section 1502 of Title 5 of the United States Code, as part of the Hatch Act, prohibits local officers or employees from using their official authority—leveraging their government position, title, or workplace influence—to influence elections, coerce political contributions, run in partisan elections, or participate in political management or campaigns. If found in violation of this code, they can be removed from office.
Elected officials, however, hold the right “to express his opinions on political subjects and candidates,” according to Section 1502 (b).
In the case of 22-611 Lindke v. Freed (03/15/2024) – the U.S. Supreme Court, which focused on when elected officials are to be treated as a government authority as opposed to a private citizen, ruled that state or local official employees may express personal views on political issues in private conversation or on personal social media, as long as it is done off-duty and without using their official position.
This fact brief is responsive to conversations such as this one.
Sources
- Title 5 United States Code 1502 Influencing elections; taking part in political campaigns; prohibitions; exceptions
- US Department of the Interior Political Activities: Dos and Don’ts
- Supreme Court of the United States Lindke v. Freed (03/15/2024)
- Justice Management Division Political Activity and The Hatch Act
- US Office of Special Counsel State, D.C., or Local Employee Hatch Act Information
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network.
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