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EXCLUSIVE: Biden’s Executive Order on Voting May Violate Hatch Act, Critics Warn
Daily Signal ^ | January 03, 2024 | Fred Lucas

Posted on 01/04/2024 7:57:58 AM PST by Red Badger

The Biden administration carved out paid administrative leave to encourage federal bureaucrats and other employees—seen as a loyal Democrat constituency—to volunteer as poll workers.

The administration also requires federal agencies to grant four hours of leave for voting to employees, according to records obtained through the Freedom of Information Act from the U.S. Office of Personnel Management.

The Heritage Foundation’s Oversight Project obtained the documents. The Daily Signal is the news outlet of The Heritage Foundation.

“In recent years, more and more private sector employers have provided time off to their employees to vote,” OPM Director Kiran Ahuja writes in a memo made public through the FOIA. “With more than 2.1 million civilian employees, the federal government is the largest employer in the nation. As such, the federal government has the opportunity to serve as a model employer and set an example for other employers to follow.”

Ahuja’s memo, which she issued March 24, 2022, ahead of that year’s midterm elections, continues:

Agencies should allow employees to use up to 4 hours of administrative leave for voting in connection with each election event (including primaries and caucuses) at the federal, state, local (i.e., county and municipal), tribal, and territorial level that does not coincide with a federal general election day. (If an election simultaneously involves more than one level, it is considered to be a single election event.) This administrative leave may be used for voting on the established election day or for early voting, whichever option is used by the employee with respect to an election event. …

Agencies should also allow employees to use up to 4 hours of administrative leave per leave year to serve as a non-partisan poll worker or to participate in non-partisan observer activities at the federal, state, local (i.e., county and municipal), tribal, and territorial level. … This leave is in addition to any administrative leave an employee uses to vote.

OPM-14019-FCA-FOIA Download At Link....................

President Joe Biden signed Executive Order 14019 in March 2021 to push federal agencies to promote voter participation.

The initiative includes the Department of Homeland Security’s registration of voters during naturalization ceremonies, the Department of Education’s promotion of voting in high schools and colleges, and agencies’ work with private, nonprofit organizations to increase voter turnout.

Biden’s executive order prompted suspicion among some Republican lawmakers, who said they were concerned that federal agencies’ engagement in boosting turnout would violate laws such as the Hatch Act, which prohibits partisan political activity using federal resources and time.

“The Office of Personnel Management implementation of Biden’s disastrous EO 14019 is another example of Democrats interfering in state election policy and pushing for nationalization of our elections,” Rep. Claudia Tenney, R-N.Y., co-chair of the House Election Integrity Caucus, told The Daily Signal.

An OPM spokesperson did not respond to inquiries from The Daily Signal for this report before publication.

‘Split’ for Federal Employees

Federal employees are spread across the United States and do not lean in one direction, said Jacqueline Simon, policy director of the American Federation of Government Employees, the largest federal employees union, which counts 750,000 members.

“The members of our union are split down the middle, Democrat, Republican, and independent,” Simon told The Daily Signal. “This is really just about giving federal employees the opportunity to vote. Many federal employees, during their work schedule, must drive long distances from work [to and from] their polling station. So four hours is a maximum. They would have to show their supervisor it would take that time to travel and wait in line.”

During the 2022 election cycle, the American Federation of Government Employees political action committee gave 94.6% of contributions to Democratic candidates, according to Open Secrets, which monitors money in politics. Those contributions amounted to $712,725 to Democrats, compared with $40,000 to Republican candidates.

The union’s numbers in 2020 were similar, with $818,868 in contributions going to Democrats—or 94.5%—compared to $43,115 to Republicans.

Yet the AFGE’s PAC represents less than 1% of total union membership, Simon said, noting that the PAC’s donations are based on how a member votes, not on party.

“If a Republican supports legislation we endorse, they are eligible for a PAC donation. If a Democrat opposes legislation we endorse, they are not eligible for a PAC donation,” Simon said. She added: “Our members include Border Patrol, Department of Defense civilian employees, a lot of law enforcement. We have lots and lots of Republicans.”

In the 2022 election cycle, the National Association of Active and Retired Federal Employees Association PAC contributed $693,500 to Democrats, fully 85% of its contributions, compared to $116,500 for Republicans.

The National Association of Letter Carriers PAC donations were less lopsided in the 2022 election cycle, with 73%—or $1.4 million—to Democrats compared to 26%—or $514,000—to Republicans.

The National Treasury Employees Union PAC gave $509,000—or 95%—to Democrats and $22,000—or 4.14%—to Republicans in the cycle.

A much closer example is the Federal Aviation Administration Managers Association, which gave $169,000, or 58%, to Democrats compared with $120,500, or 41%, to Republicans.

Open Secrets also breaks down donations by federal agency.

Political donations by State Department employees cut in favor of Democrats, who got a 77% share. Justice Department employees who made political donations gave 76% to Democrats. Similarly, 74% of contributions by employees of the Department of Veterans Affairs were to Democrats.

Among employees of the Department of Homeland Security who contributed to politicians, 70% gave to Democrats, as did 63% of Defense Department employees who donated to candidates.

However, a poll last fall suggested that federal employees’ actual voting might not reflect Democrats’ big advantage in contributions from government employee PACs.

The poll by Government Executive magazine found that 46% of respondents said they planned to vote for a Democrat in their local House race, and 35% planned to vote for a Republican. The rest were committed to neither candidate.

The margin was closer for Senate races, with 37% of those polled saying they planned to vote for the Democrat candidate compared to 33% for the Republican, with the remainder undecided or without a Senate race in their state.

“The federal bureaucracy is obviously overwhelmingly supportive of the Democratic Party,” Mike Howell, director of the Heritage Oversight Project, which obtained the documents, told The Daily Signal.

“It’s no accident they are trying to enlist one of the largest voting blocs of government workers in their direction,” Howell said. “They would never go out and ask the Daughters of the American Revolution to sign up as election workers, or listeners to Joe Rogan’s podcast. They’re asking the government-paid-for, mostly useless, bureaucrats that are already draining so much from our country.”

Hatch Act Concerns

Many congressional Republicans, as well as government watchdog groups, expressed concern about federal agencies’ engaging in partisan political activity under Biden’s executive order in violation of laws such as the Hatch Act.

The documents released under FOIA also showed two federal agencies—the Farm Credit Administration and the Farm Credit Systems Insurance Corporation—explaining to employees how the benefit would work for Maryland’s elections.

“FCA and FCSIC employees may use up to four hours of administrative leave to vote today in Maryland’s local primaries,” according to a memo to employees dated July 19, 2022. “For information on where to vote, see the Voting Location Lookup by the Maryland State Board of Elections. When coding your timecard, use transaction code 66 for administrative leave.”

A follow-up memo Aug. 29, 2022, warned employees against violating the Hatch Act, the federal law prohibiting partisan political activity using government resources or time. The memo was from Heather LoPresti, a deputy ethics official at the Farm Credit Agency.

“The Hatch Act applies to all partisan elections, whether federal, state, or local. All FCA and FCSIC employees are subject to Hatch Act restrictions, with some differences for FCA board members,” LoPresti’s memo said. “While certain activities are restricted, the Hatch Act does not prohibit employees from exercising their right to vote, or participating in partisan political management or campaigns.”


TOPICS: Front Page News; Government; Politics/Elections
KEYWORDS: arrestbiden; biden; bidenvoters; cheating; crookedjoe; electioninterference; elections; fjb; pollworkers; rigging; votefraud; voting
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To: Recompennation

Defund the Fed? How, exactly?
They will just print more money to fund themselves.
They need to be (use your imagination).


21 posted on 01/04/2024 11:12:35 AM PST by Senormechanico
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To: Red Badger

I believe that Any day there is voting for national offices, should be a holiday. Celebrate freedom. Take a little time to exercise your rights in our nation! Go vote!
I really think that if people had a day off, on a Tuesday, there would be more participation of people that work. And working people lean right.


22 posted on 01/04/2024 1:25:11 PM PST by vpintheak (Pinko misanthrope)
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To: Red Badger

President Joe Biden signed Executive Order 14019 in March 2021 to push federal agencies to promote voter participation.

So we don’t get to vote again who knew.


23 posted on 01/04/2024 2:57:40 PM PST by Vaduz
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To: Pete Dovgan

Too much money and power for the rats to relinquish are at stake this November.


24 posted on 01/04/2024 2:57:58 PM PST by Jacquerie (ArticleVBlog.com)
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To: Senormechanico

Defund the fed ... first try legally by electing strong change candidates before it is too late then...
Abolishment of unnecessary and ornarous federal level accumulations of regulating the regulations that they pass and obfuscate endlessly to extenuate and sustain an endless expenditure of our tax dollars without regard of consequences ie: red tape


25 posted on 01/04/2024 3:56:24 PM PST by Recompennation (Don’t blame me my vote didn’t count)
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To: brownsfan

Silly rabbit.

“Laws are for Republicans, not Democrats.”


26 posted on 01/04/2024 11:38:17 PM PST by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
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To: Red Badger

11 months to go, the DemoMarxists haven’t even begun to cheat. This time I wouldn’t be surprised if they set off a nuke to change election laws.


27 posted on 01/05/2024 2:48:20 AM PST by GrandJediMasterYoda (As long as Hillary Clinton remains free, the USA will never have equal justice under the law)
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To: GrandJediMasterYoda

Or make the grid go down per Alex Jones.


28 posted on 01/05/2024 4:38:57 AM PST by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
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To: Red Badger

MAY??!!??


The 1939 Act forbids the intimidation or bribery of voters and restricts political campaign activities by federal employees. It prohibits using any public funds designated for relief or public works for electoral purposes. It forbids officials paid with federal funds from using promises of jobs, promotion, financial assistance, contracts, or any other benefit to coerce campaign contributions or political support. It provides that persons below the policy-making level in the executive branch of the federal government must not only refrain from political practices that would be illegal for any citizen, but must abstain from "any active part" in political campaigns, using this language to specify those who are exempt:[10]

The act also precludes federal employees from membership in "any political organization which advocates the overthrow of our constitutional form of government",[11] a provision meant to prohibit membership in organizations on the far left and far right, such as the Communist Party USA and the German-American Bund.[12]

An amendment on July 19, 1940, extended the Act to certain employees of state and local governments whose positions are primarily paid for by federal funds. It has been interpreted to bar political activity on the part of employees of state agencies administering federal unemployment insurance programs and appointed local law enforcement agency officials with oversight of federal grant funds. The Hatch Act bars state and local government employees from running for public office if any federal funds support the position, even if the position is funded almost entirely with local funds.[13]

The Merit Systems Protection Board and the Office of Special Counsel (OSC) are responsible for enforcement of the Hatch Act.[14]

 

 

Hatch Act - Wikipedia

29 posted on 01/05/2024 4:55:08 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: olivia3boys
We’ve gotten 4 hours of admin leave on Election Day for years.

That's to make sure you have enough TIME to VOTE.

30 posted on 01/05/2024 4:56:45 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: SuperLuminal

gmta!!!


31 posted on 01/05/2024 4:57:24 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Carl Vehse
The Republican members of the Uniparty will do nothing about it.

This has been the core problem with the Republican't party for almost as long as I can remember ...

32 posted on 01/05/2024 4:59:42 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: olivia3boys

you’re a parasite ...


33 posted on 01/05/2024 5:05:37 AM PST by bankwalker (Repeal the 19th ...)
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To: olivia3boys

I’ve seen a lot of questionable activities at the polls over the years on my little Upstate NY neck of the woods.

Some of it witnessed by public employees who were poll watchers.

I don’t think anyone on a public payroll should be allowed to act as a poll watcher.

Period.


34 posted on 01/05/2024 5:06:34 AM PST by mewzilla (Never give up; never surrender!)
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To: Red Badger
One word to describe the USA today - weak.

Thanks Joe and the Rino GOP.

35 posted on 01/05/2024 5:08:18 AM PST by Churchillspirit (Pray for President Trump)
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To: Red Badger

Based on early reports Biden’s speech tomorrow will violate the act unless it is classified as a campaign speech. If it is whatever outlets are covering any or all part of it will owe not only Teump but every GOP candidate equal time.


36 posted on 01/05/2024 11:21:01 AM PST by xkaydet65
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To: Red Badger

Too many lawyers with too much time on their hands. My company allows leave for poll working, and I’m sure hundreds of others do as well.


37 posted on 01/05/2024 1:52:53 PM PST by Miami Rebel
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To: bankwalker

No, I’m not a “parasite”—I’m a conservative, excellent federal employee and civil servant who watches out for the taxpayer.

If conservatives avoid government work, academia, and the media, soon the left will run all of it, even more so than it does now.


38 posted on 01/12/2024 1:46:41 PM PST by olivia3boys (t )
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