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Trump Administration Officials Face Hatch Act Complaints Over Midterm Campaign Trail Appearances
Top Trump Administration officials have hit the campaign trail to boost Republican candidates ahead of the midterm elections as the party fights to retain control of Congress. Legal experts and advocacy groups contend that members of the Administration have violated the 1939 Hatch Act, while the White House argues officials acted in a personal capacity.
Cabinet Members Stump Across Battleground States
During a gathering on Oct. 13 in Wasilla, Alaska, covered by time.com, Commerce Secretary Howard Lutnick, Federal Communications Commission Chair Brendan Carr, and Interior Secretary Doug Burgum all shared the stage with President Donald Trump just last month to back Republican Sen. Dan Sullivan during his highly competitive race against Democratic challenger Mary Peltola. Defense Secretary Pete Hegseth appeared in Wisconsin alongside GOP Rep. Derrick Van Orden on Oct. 20 to speak to manufacturing workers during a Pentagon tour highlighting U.S. defense production. Vice President JD Vance and Burgum spoke at a rally in Topeka, Kansas, and Secretary of State Marco Rubio briefly joined Trump on stage during a rally in Corpus Christi, Texas.
Cabinet members and other leading officials have been wading into the midterms for months. In August, Transportation Secretary Sean Duffy endorsed Republican Senate candidate Mike Rogers in Michigan. Meanwhile, Trump kicked off what he described as a 32-day campaign blitz leading up to Nov. 3, traveling to Texas and Oklahoma, according to usnews.com. During a stop in Denton, Texas, Trump acknowledged the high stakes for the party, stating that Republicans are worried about a few specific states as control of Congress hangs in the balance.
Formal Complaints Cite Hatch Act Violations
Legal experts and advocacy groups contend that these campaign appearances violate the Hatch Act, an 87-year-old federal law prohibiting certain government employees from using their official authority or influence to affect election results. Several top aides—including at least nine of the 15 Cabinet secretaries—have been hit with formal complaints.
“The number of Hatch Act violation complaints is extreme and abnormal for election time, especially for complaints against senior officials,” Kedric Payne, head of ethics at the Campaign Legal Center, told time.com. Payne noted that when the law is not enforced quickly, it can be abused. Two advocacy nonprofits, The Democracy Defenders Fund and Reporters Without Borders, filed a complaint in October over the Alaska rally, claiming Carr mixed official work into personal remarks and requesting an investigation by the Office of Special Counsel.
Additional complaints target Trump officials for comments made on television networks and social media supporting GOP candidates or criticizing Democrats, according to time.com. The Department of Health and Human Services defended Kennedy by stating he takes his ethical obligations seriously and consults career ethics officials.
In the closing days of the midterm elections, watchdog groups have said at least nine of President Trump's 16 Cabinet members may have violated the Hatch Act. https://t.co/7ZScAWkYxM pic.twitter.com/nHEeRKfuMk
Campaign Legal Center Accuses Officials of Using Taxpayer Money
The Campaign Legal Center filed another complaint accusing Administration officials of using taxpayer money for political advertisements promoting partisan rhetoric to influence the midterms, citing three specific ads covering actions in Iran, opposition to socialism, and Trump at Mount Rushmore. OMB Director Russell Vought, DHS Secretary Markwayne Mullin, White House Chief of Staff Susie Wiles, and Appointments Secretary Natalie Harp were named in that filing.
The Administration has maintained that officials participated in events in a strictly personal capacity, which the Hatch Act permits, and that lawyers and ethics officials cleared their actions. White House spokeswoman Lauren Bis told time.com that senior officials are allowed to discuss current events, policies, and candidates to advance the administration’s agenda.
Disciplinary measures for Hatch Act violations by Cabinet or senior officials are referred by the Office of Special Counsel to the President, who determines what action, if any, to take. Payne noted that the potential for consequences is small because accountability ultimately rests with the President. An OSC report from 2021 found that at least 13 senior officials violated the Hatch Act during the 2020 election cycle.
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