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"The Unwise and Unconstitutional Hatch Act"

Jason Miller has written an article on one of the worst "gotchas" in election law -- the Hatch Act's application to state and local government employees. Here is the abstract of his article:

Every year, state and local government employees announce their intent to run for public office only to be told that an obscure Great Depression-era law requires that they choose between their job and their campaign. The Hatch Act prohibits federal employees from running for partisan office and similarly prohibits any state and local employee from running if their position receives any federal funds. This prohibition applies even when there is no apparent conflict of interest or abuse of power. Given the number of federal employees, and the number of federal grants to state and local governments, millions of covered employees are effectively prohibited from running for public office. At the same time, many elections in this country go uncontested and communities suffer from a lack of quality candidates.

The Unwise and Unconstitutional Hatch Act focuses on the federal law’s coverage of state and local employees and examines whether the Act would pass constitutional muster under modern tests, whether the Hatch Act is desirable as a matter of policy, and what alternatives could achieve the policy goals of the Act without an absolute prohibition on candidacy for partisan office.

Download the entire article at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1444192.

This entry was posted by Edward at 10:25 AM, 10 September 2009 | Categories: Candidates , Constitutional law , Employment


The picture above was made in 1914 by the Birmingham Engraving Co. This reproduction is from the Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA.

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