Breaking News
Is Governor Tim Walz of Minnesota in violation of the Hatch Act?
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A complaint has been filed against Minnesota Governor Tim Walz, accusing him of violating the Hatch Act, a federal law that prohibits elected officials from engaging in certain political activities while in office.
According to the complaint, filed with the U.S. Office of Special Counsel (OSC), Governor Walz violated the Hatch Act when he tweeted support for Democratic U.S. Senate candidate and state Attorney General Keith Ellison on August 23. Ellison is facing off against Republican opponent Michael Disney in the upcoming November 8th election.
Background:
The Hatch Act prohibits elected officials, including governors, from engaging in partisan political activities, including advocating for or opposing candidates. However, governors are allowed to use official government channels to share neutral information about upcoming elections and to inform voters about voting.
Details:
In his tweet, Governor Walz wrote: "Just wanted to make sure folks are ready to make their voices heard! Our Attorney General Keith Ellison is running for U.S. Senate. If you want to keep making progress for Minnesotans, please make sure to get out and vote on November 8th!" The tweet includes a link to a Minnesota DFL (Democratic-Farmer-Labor Party) party committee webpage.
Experts weigh in:
Dr. Christopher Campbell, a political scientist at the University of Minnesota, notes: "While it’s common for governors to share neutral information about elections, a tweet endorsing a specific candidate could be seen as violating the Hatch Act."
"Governor Walz may argue that he was simply encouraging voters to make their voices heard, but by naming Keith Ellison as the specific candidate to vote for, he crossed a line," added Campbell.
Legal consequences:
If the OSC determines that Governor Walz did indeed violate the Hatch Act, he could face a range of consequences, including:
- Formal warnings
- Financial penalties
- Restriction of his political activities
Follow-up:
We reached out to the Office of Governor Tim Walz and the campaign of Keith Ellison for comment. Neither has responded as of the time of this report.
Relevant keywords: Hatch Act, Governor Tim Walz, Minnesota politics, political endorsement, campaign finance laws, US Office of Special Counsel, election regulations.
Categories: Politics, Elections, Governance, Lawsuits, News
The Origin story
"He was 42 when he ran for Congress, a decision sparked by a 2004 incident at an appearance by President George W. Bush. "Walz took two students to the event, where Bush campaign staffers demanded to know whether he supported the president and barred the students from entering after discovering one had a sticker for Democratic candidate John Kerry," according to the Almanac of American Politics. "Walz suggested it might be bad PR for the Bush campaign to bar an Army veteran, and he and the students were allowed in. Walz said the experience sparked his interest in politics, first as a volunteer for the Kerry campaign and then as a congressional candidate.""
https://www.pbs.org/newshour/amp/politics/fact-checking-tim-walzs-past-statements
The potential violation.
"Walz suggested it might be bad PR for the Bush campaign to bar an Army veteran"
The hatch act has some language around "may not— use his official authority or influence for the purpose of interfering with or affecting the result of an election"
Using his influence or authority as a then Current Member of The National Guard to make suggestions to a Presidential campaign and to gain access to political rally seems a little dicey. While this is a little deal was it wrong to use influence or authority.
https://www.law.cornell.edu/uscode/text/5/7323
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/134410p.pdf
View info-news.info by ProjectGameGlow
Being an Army veteran doesn’t give anyone any authority, let alone “official authority.” If you’re the police and you threaten to arrest me if I don’t let you in to see a movie for free, that’s official authority. Plus a campaign rally is not a “federal program” it’s a private event.
What official authority do you imagine a *veteran* has?
It only applies to civilian employees of the executive branch. Look at the Hatch Act full text:
>Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not—
>(1)use his official authority or influence for the purpose of interfering with or affecting the result of an election;
Definitions as included in the Act:
>§7322. Definitions
For the purpose of this subchapter—
>(1) “employee” means any individual, other than the President and the Vice President, employed or holding office in—
>(A) an Executive agency other than the Government Accountability Office; or
>(B) a position within the competitive service which is not in an Executive agency;