Did IRS and Social Security Emails Praising President Trump Violate the Hatch Act? What Federal Employees Should Know
On Election Day, a question is circulating among federal employees: did the IRS and the Social Security Administration (SSA) violate the Hatch Act with mass emails praising President Trump? Here is what was reported, what the Hatch Act says, and what you can do if you believe the law was broken.
What Was Reported
According to reporting by Evan Gorelick of The New York Times, published November 1, 2026, both agencies sent mass emails praising President Trump days before the midterm elections, and both were signed by Frank Bisignano, who runs both agencies. The IRS told taxpayers they are keeping more "because of President Trump's historic tax cuts." SSA called itself a "model of excellence" under President Trump. Legal experts told the Times the messages could violate the Hatch Act. As of now, nobody has been found in violation.
What the Hatch Act Says
The Hatch Act, at 5 U.S.C. § 7323(a)(1), provides that a federal employee may not use official authority or influence for the purpose of interfering with or affecting the result of an election. President Trump is not on the ballot in this midterm election, so the question is whether a government email praising him by name, days before the election, was aimed at helping his party. That is a question for investigators and, if it goes that far, adjudicators. It is not one this post can answer.
Who Is Exempt, and Who Enforces the Law
The Hatch Act exempts two federal officials: the President and the Vice President. For other officials, the Office of Special Counsel (OSC) investigates complaints. But when OSC investigates a Senate-confirmed agency head, the statute sends OSC's findings to the President rather than to the Merit Systems Protection Board (see 5 U.S.C. § 1215(b)). OSC recommended Kellyanne Conway's removal in 2019, and she stayed. Same law, different enforcement.
What This Means for You
For rank-and-file employees, the rules are much stricter in practice. A political email sent from your government account can lead to removal and a bar from federal employment for up to five years (see 5 U.S.C. § 7326). If you believe the law was broken here, anyone can file a complaint with OSC at osc.gov. And do not forward that email from your government account with your own opinion attached. Use your own phone, on your own time.
Your agency knows these rules, and now you do too. If you have questions about your own situation, you can reach the team at Southworth PC.
The Hatch Act also preserves every federal employee's right to vote as they choose. Polls are open today.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.