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promoting or opposing the Tea Party movement writ large—which OSC deemed permissible under the Hatch Act—and promoting or opposing individual Tea Party-affiliated organizations, which OSC deemed problematic if the organization in question was a partisan political group.
The Tea Party provides a close analogy for BLM. Like the Tea Party, BLM is a blanket term for a leaderless movement that apparently arose in response to social concerns. Also like the Tea Party, the BLM movement comprises numerous individuals and groups, any one of which can claim affiliation with BLM without having to be formally accepted into the movement. And to the extent that either movement’s motivating principles can be definitively established, it appears that they both were or are focused primarily on raising awareness of, and achieving policy changes for, their issues of concern. Thus, expressing support for or opposition to BLM as a movement is not “activity directed toward the success or failure of a political party, partisan political group, or candidate for partisan political office.” Such expressions are therefore allowed by the Hatch Act.[1]
2. BLMGN is not a partisan political group.
An organization is a partisan political group if it (1) is affiliated with a political party or candidate for partisan political office, (2) is organized for a partisan purpose, or (3) that engages in partisan political activity. OSC has found no evidence to suggest that BLMGN is affiliated with a political party or candidate for partisan political office or that it is organized for a partisan purpose, i.e., for the purpose of supporting or opposing a political party or a party’s candidates for office. The relevant question then becomes whether BLMGN is a partisan political group because it engages in partisan political activity.
Not all organizations that engage in any political activity are partisan political groups.[2] Accordingly, OSC will consider several factors when determining whether an organization is a partisan political group because of its political activity. These factors include, but are not limited to, the following: the organization’s stated purpose, as reflected in its bylaws or charter, on its website, and in its other public materials; whether the organization expends its resources on political activity; whether the organization prominently advertises its political activity; the relationship between the organization and its affiliates, if any, that engage in political activity, such as whether they share a website, staff, or office space; and whether the organization has indicated on any government filings that it engages in political activity.
Based upon the foregoing factors, BLMGN is not a partisan political group. Its stated purposes relate to effecting policy changes to benefit the black community. It does not appear that the group expends any of its resources on partisan political activity. To the extent that it is publicly involved in the 2020 elections, its goals appear to center on voter registration and
- ↑ OSC similarly advises that employees do not violate the Hatch Act by saying “Build the Wall” or talking about “conservative values” or “liberal values” while in the workplace. All three are considered issue-based statements. But such statements could easily cross the line to prohibited political activity if connected to a political party or candidate (e.g., “if you share my conservative/liberal values, you should vote for Republican/Democratic candidates in 2020”).
- ↑ See generally OSC’s advisory dated July 10, 2020 (analyzing when groups are partisan political groups under each of the three regulatory criteria).
