Another "Free DC" Series Bill Passes House as DC's Removed from Fed Hatch Act Jurisdiction (9/8/09)

Another "Free D.C." Series Bill Passes House as D.C. is Removed from Federal Hatch Act Jurisdiction

September 8, 2009

WASHINGTON, D.C. - Congresswoman Eleanor Holmes Norton's D.C. Hatch Act Reform Act today passed in the House and proceeded to the Senate. H.R. 1345 allows the District of Columbia, the only local jurisdiction still under the federal Hatch Act, to enact and operate under its own local Hatch Act, eliminating confusion about application of the federal law to local D.C. matters. In her floor statement, Norton noted the Office of Personnel Management's inconsistency in applying the federal Hatch Act locally. She said that OPM, for example, charged an Advisory Neighborhood Commissioner running for D.C. Council with violation of the Hatch Act, but had not filed charges when several members of the current D.C. Council had run for the D.C. Council from ANC positions because OPM did not recognize the ANC commissioners as "elected officials" who are elected by residents and, of course, should be able to run for higher office in the District.

"My bill clears up confusion and offers clear guidance on the application of the federal Hatch Act and, more importantly, allows the District to enact its own local Hatch Act as other jurisdictions have done," Norton said. H.R. 1345 will leave in place the federal Hatch Act restrictions that apply to other jurisdictions on the use of official authority, specifically as it relates to elections; and relates to the solicitation, acceptance, or receipt of political campaign contributions; the prohibitions on running for public office in partisan elections; and the use of on-duty time and resources to engage in partisan campaign activity when federal funds or responsibilities are involved. The bill would remove only the federal Hatch Act jurisdiction that applies solely to the District of Columbia and would require the District to enact its own local Hatch Act, similar to those in other jurisdictions.

The D.C. Hatch Act passed the Oversight and Government Reform Committee in June and is expected to pass in the Senate. Norton had introduced the D.C. Hatch Act Reform Act of 2009 earlier this year as part of her series of bills aimed at wrestling D.C. from federal control. The "Free and Equal" series includes the D.C. House Voting Rights Act, which the Congresswoman intends to move forward without a gun attachment this year, the D.C. Budget Autonomy bill granting District officials authority over its locally raised revenue, and the D.C. Legislative Autonomy bill to give District officials final say-so over its local laws, among other bills to give the city full autonomy over local law and practices.

The D.C. Hatch Act reform Act becomes effective when the District passes a local Hatch Act. Norton expects easy passage in the House and the Senate.