5 C.F.R. § 734.302

Use of official authority; prohibition

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(a) An employee may not use his or her official authority or influence for the purpose of interfering with or affecting the result of an election.

(b) Activities prohibited by paragraph (a) of this section include, but are not limited to:

(1) Using his or her official title while participating in political activity;

(2) Using his or her authority to coerce any person to participate in political activity; and

(3) Soliciting, accepting, or receiving uncompensated individual volunteer services from a subordinate for any political purpose.

Example 1:An employee who signs a letter seeking uncompensated volunteer services from individuals may not identify himself or herself by using his or her official title. However, the employee may use a general form of address, such as “The Honorable.”Example 2:A noncareer member of the Senior Executive Service, or another employee covered by this subpart, may not ask his or her subordinate employees to provide uncompensated individual volunteer services for a political party, partisan political group, or candidate for partisan political office. Moreover, he or she may not accept or receive such services from a subordinate employee who offers to donate them.Example 3:An employee may not require any person to contribute to a partisan political campaign in order to win a Federal contract:[61 FR 35100, July 5, 1996]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2015–2024 · leading case: Wendy Wagner v. Fed. Election Comm'n, 793 F.3d 1 (D.C. Cir. 2015).

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Wendy Wagner v. Fed. Election Comm'n, 793 F.3d 1 (D.C. Cir. 2015). “§§ 7323 (a), 7324(a); 5 C.F.R. §§ 734.302 -.306. Employees of more than a dozen specific agencies, as well as others who hold certain senior or adjudicative positions, are more broadly prohibited from "takfing] an active part in .”

Choudhury Salekin v. Off. of Special Couns. (MSPB 2024). · cites it 4× “§ 7323 (a)(1) and 5 C.F.R. § 734.302 . Id. at 10-11 . In counts 7-10, OSC alleged that the respondent knowingly solicited, accepted, or received political contributions in violation of 5 U.”

Citizens for Responsibility & Ethics in Washington v. U.S. Off. of Special Couns. (D.D.C. 2020). “Under the relevant regulations, this can encompass using one’s “official title while participating in political activity,” 5 C.F.R. § 734.302 (b)(1), which is defined as “an activity directed toward the success or failure of a political party, candidate for partisan political…”

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