5 C.F.R. § 733.103

Permitted political activities—employees who reside in designated localities

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(a) This section does not apply to an individual who is employed in an agency or position described in § 733.105(a), unless that individual has been appointed by the President, by and with the advice and consent of the Senate.

(b) Employees who reside in a municipality or political subdivision designated by OPM under § 733.107 may:

(1) Run as independent candidates for election to partisan political office in elections for local office in the municipality or political subdivision;

(2) Solicit, accept, or receive a political contribution as, or on behalf of, an independent candidate for partisan political office in elections for local office in the municipality or political subdivision;

(3) Accept or receive a political contribution on behalf of an individual who is a candidate for local partisan political office and who represents a political party;

(4) Solicit, accept, or receive uncompensated volunteer services as an independent candidate, or on behalf of an independent candidate, for local partisan political office, in connection with the local elections of the municipality or subdivision; and

(5) Solicit, accept, or receive uncompensated volunteer services on behalf of an individual who is a candidate for local partisan political office and who represents a political party.

Notes of Decisions

Cited in 2 cases, 2014–2017 · leading case: Robert Marcellus v. Virginia State Bd. of Elections, 849 F.3d 169 (4th Cir. 2017).

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Robert Marcellus v. Virginia State Bd. of Elections, 849 F.3d 169 (4th Cir. 2017). · cites it 2× “§ 7325 ; 5 C.F.R. § 733.103 . 1 Thus, Virginia’s interest in permitting more citizens to *180 serve in local government consistent with the Hatch Act has potential application only with respect to elected offices in Virginia localities that have not been granted an exemption and…”

Lewis v. Merit Sys. Prot. Bd., 594 F. App'x 974 (Fed. Cir. 2014). “3 (quoting 5 C.F.R. § 733.103 (b)(1)). This limited exception, however, was inapplicable to Mr.”

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