5 C.F.R. § 734.207

Candidacy for public office

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An employee may:

(a) Run as an independent candidate in a partisan election covered by 5 CFR part 733; and

(b) Run as a candidate in a nonpartisan election.

Example 1:An employee who is a candidate for public office in a nonpartisan election is not barred by the Hatch Act from soliciting, accepting, or receiving political contributions for his or her own campaign; however, such solicitation, acceptance, or receipt must comply with part 2635 of this title as well as any other directives that may apply, e.g., The Federal Property Management Regulations in 41 CFR chapter 101.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2023–2023 · leading case: Keith Arnold v. Keith L. Arnold (MSPB 2023).

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Keith Arnold v. Keith L. Arnold (MSPB 2023). · cites it 3× “In his timely filed petition for review, the respondent reiterates his argument that his candidacy was allowed under the exceptions enumerated in 5 C.F.R. § 734.207 . PFR File, Tab 1. OSC responds in opposition to the respondent’s petition for review.”

Arnold v. MSPB (Fed. Cir. 2023). “” 5 C.F.R. § 734.207 (b) (emphasis added). A nonpartisan election is defined by regulation as: (1) An election in which none of the candi- dates is to be nominated or elected as rep- resenting a political party any of whose candidates for Presidential elector received votes in…”

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