What Is the Hatch Act? Why Kellyanne Conway Is Accused of Violations

The White House Counselor's quips targeting Democratic 2020 candidates on Twitter may be backfiring.

A federal watchdog recommended Thursday that White House counselor Kellyanne Conway be removed from her post due to violations of the Hatch Act, a 1939 law that limits the political activity of federally financed employees.

The Hatch Act states that no administrative employee may run for partisan political office or “use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office.” It was originally titled “an act to prevent pernicious political activities,” but has since been named for its author, former New Mexico Senator Carl Hatch.

The Office of Special Counsel (a federal watchdog not to be confused with the office of former Special Counsel Robert Mueller) said Thursday that Conway is a “repeat offender” of the Hatch Act, as she frequently attacks Democratic presidential candidates while speaking in her official capacity as White House counselor.

Conway’s verified Twitter account, while not an official White House page, includes “Counselor” in its description. Conway has used the account to criticize various 2020 candidates, including Joe Biden (“wonder if Joe Biden 2019 agrees with Joe Biden 2012”), Sen. Kirsten Gillibrand (“Another flip-flopper whopper”), and the little-known Rep. Eric Swalwell (“he literally doesn’t register in these latest #polls”).

Conway needled New York City Mayor Bill de Blasio for turning out a relatively small crowd at a fundraiser in May, tweeting “Size matters, deBlasio. This is how it's done,” after her own successful address. She also addresses partisan politics in television interviews.

The White House has argued that the OSC’s allegations target Conway’s right to free speech. The law states “an employee retains the right to vote as he chooses and to express his opinion on political subjects and candidates;” it is only when acting in one’s official capacity that such opinionated political activities are prohibited.

According to the law, the OSC should present its findings to the Merit Systems Protection Board, which will then set a hearing for the employee in question to determine a course of action.

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