Hatch Act Advisory Opinion Rescinding Advisory Opinions Dated May 20 & October 15, 2024

This Hatch Act Advisory Opinion issued by the Office of Special Counsel (OSC) changed a number of Hatch Act enforcement policies. First, OSC announced that it would cease pursuing disciplinary action against White House commissioned officers in front of the Merit Systems Protection Board (MSPB), stating instead that it would refer "Hatch Act violations by White House commissioned officers to the President for appropriate action." Second, OSC explained it would "refrain from filing any new complaints against former employees" before the MSPB pending the outcome of litigation concerning its authority to do so. Finally, the OSC announced that it would rescind a policy prohibiting items related to the campaigns of “current or contemporaneous political figures," paving the way for employees to wear or display items indicating political affiliation year-round. The Advisory Opinion rescinds a Hatch Act advisory opinion dated May 20, 2024 and an advisory opinion dated October 15, 2024.