Luján proposes legislation to make Hatch Act violation decisions more transparent

U.S. Sen. Ben Ray Luján, a New Mexico Democrat, introduced a bill that would require Congress to be notified of alleged Hatch Act violations. The Hatch Act regulates partisan political activities for most federal executive branch employees and some state and local employees. “The Hatch Act was signed into law to prevent public officials from […]

Luján proposes legislation to make Hatch Act violation decisions more transparent

U.S. Sen. Ben Ray Luján, a New Mexico Democrat, introduced a bill that would require Congress to be notified of alleged Hatch Act violations.

The Hatch Act regulates partisan political activities for most federal executive branch employees and some state and local employees.

“The Hatch Act was signed into law to prevent public officials from using their position for political gain while protecting federal employees from political influence,” Luján said in a news release. “However, when potential violations do occur, the Office of Special Counsel has failed to investigate and prosecute some of the most serious claims, undermining the American people and the rule of law.”

Luján’s bill, which has not been assigned a number yet, would require the OSC to report to Congress in the event it declines to investigate an alleged Hatch Act violation and to provide an annual report to the Chair and Ranking Members Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Reform.

The proposed public report would include the number of allegations received by the Special Counsel in the previous year and the number of allegations that resulted in an investigation, with separate data sets for political appointees and career federal workers.

The proposed bill also seeks to require OSC to provide the chair and ranking members of HSGAC and OGR with a confidential addendum to the annual report that includes the name and position of each political appointee (or former political appointee) who was the subject of an allegation, a description of each allegation, and a description of the outcome. In the case of an allegation against a presidential appointee who was not subject to Senate confirmation, the addendum shall include a statement as to whether OSC presented a complaint to the MSPB Board and whether the board collected any civil penalty, the bill states.

“It’s unacceptable when the line between politics and government is ignored,” Luján said in announcing the bill. “That’s why my legislation increases accountability to ensure Americans can have confidence in the public servants who work for them.”

The OSC already provides an annual report to Congress about its work throughout the fiscal year including its Hatch Act activities.

The Fiscal Year 2021 report was released in June 2022 and showed that the OSC issues more than 1,000 advisory opinions each year with the amount slowing from 1,461 in fiscal year 2020 to 1,043 in fiscal year 2021 which was primarily during the COVID-19 global health crisis.

“On the Hatch Act front, OSC resolved 375 Hatch Act cases, which is approximately 64 percent above the average of the five prior years. In addition, OSC issued 62 warning letters and successfully obtained disciplinary actions in seven cases against officials who committed Hatch Act violations,” the report states.

The OSC investigates alleged Hatch Act violations and prosecutes alleged violations in front of the Merit Systems Protection Board.

In the last few years alone, the OSC has investigated Hatch Act violations including alleged violations at the 2020 Republican National Convention by 13 senior officials within former President Donald Trump’s administration.

An OSC report released November 9 2021 on the findings from the 2020 RNC Hatch Act allegations found that at least 13 Trump Administration officials “used their official authority or influence to interfere with or affect the 2020 presidential election in violation of the Hatch Act.”

The 2020 RNC was held at the White House due to the COVID-19 pandemic, which was not found to be a Hatch Act violation, the report states.

The president does not fall under the jurisdiction of the Hatch Act, but senior officials within a president’s administration do fall under its purview, the report states.

“OSC concludes that at least 13 senior Trump administration officials (violated the Hatch Act) and, furthermore, that they did so with the administration’s approval,” the report states.

On Wednesday, the OSC announced that it sent a report to President Joe Biden about their findings that U.S. Attorney for the District of Massachusetts Rachael Rollins “willfully violated the Hatch Act on multiple occasions, thereby exhibiting an extraordinary abuse of her power as U.S. Attorney,” an OSC news release states. “OSC determined that the violations warrant disciplinary action.”

Rollins’ violations include attending a political fundraiser in June 2022 in her official capacity and the second was during August and September 2022 when she “repeatedly attempted to sabotage the campaign of a political candidate by leaking non-public U.S. Department of Justice information to the media to plant a story that the candidate she opposed was facing a DOJ investigation. In its report to the President, OSC characterized this violation as ‘one of the most egregious Hatch Act violations that OSC has investigated.’”

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report