U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart F— Labor-Management and Employee Relations › Chapter CHAPTER 73— SUITABILITY, SECURITY, AND CONDUCT › Subchapter SUBCHAPTER III— POLITICAL ACTIVITIES

5 U.S.C. § 7325

Political activity permitted; employees residing in certain municipalities

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The Office of Personnel Management may prescribe regulations permitting employees, without regard to the prohibitions in paragraphs (2) and (3) of section 7323(a) and paragraph (2) of section 7323(b) of this title, to take an active part in political management and political campaigns involving the municipality or other political subdivision in which they reside, to the extent the Office considers it to be in their domestic interest, when—(1) the municipality or political subdivision is—(A) the District of Columbia;(B) in Maryland or Virginia and in the immediate vicinity of the District of Columbia; or(C) a municipality in which the majority of voters are employed by the Government of the United States; and(2) the Office determines that because of special or unusual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation.(Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1004; amended Pub. L. 104–93, title III, § 308, Jan. 6, 1996, 109 Stat. 966; Pub. L. 112–230, § 3(f), Dec. 28, 2012, 126 Stat. 1617.)Editorial NotesPrior Provisions

A prior section 7325, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526; Pub. L. 96–54, § 2(a)(44), Aug. 14, 1979, 93 Stat. 384, related to penalties, prior to the general revision of this subchapter by Pub. L. 103–94.

Amendments

2012—Par. (1). Pub. L. 112–230 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the municipality or political subdivision is in Maryland or Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the United States; and”.

1996—Pub. L. 104–93 inserted “and paragraph (2) of section 7323(b)” after “section 7323(a)”.

Statutory Notes and Related SubsidiariesEffective Date of 2012 Amendment

Amendment by Pub. L. 112–230 effective 30 days after Dec. 28, 2012, see section 5(a) of Pub. L. 112–230, set out as a note under section 1501 of this title.

Notes of Decisions
Cited in 7 cases, 1971–2017 · 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× “See 5 U.S.C. § 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…”
Joel D. Joseph v. United States Civil Serv. Comm'n, 554 F.2d 1140 (D.C. Cir. 1977). “See Hatch Act, § 7325, 5 U.S.C. § 7325 (1970); 5 C.F.R. §§ 733.131 to 733.”
French v. Devine, 547 F. Supp. 443 (D.D.C. 1982). “5 U.S.C. § 7325 . If a final MSPB order or decision is adverse to the employee, the employee may seek judicial review in a court of appeals or the Court of Claims.”
Am. Fed'n of Gov't Employees v. O'Connor, 589 F. Supp. 1551 (D.D.C. 1984). “5 U.S.C. § 7325 . Plaintiffs pray that defendant’s advisory legal opinion concerning the legality of their proposed activities, which he issued April 6, 1984, pursuant to 5 U.”
Am. Fed'n of Gov't Employees v. O'connor, 747 F.2d 748 (D.C. Cir. 1984). · cites it 2× “at 1552 (citing 5 U.S.C. § 7325 (1982)) 8 — the district court concluded that the Special Counsel’s advice in fact impels conformity.”
Peale v. United States, 325 F. Supp. 193 (N.D. Ill. 1971). “His termination would then be required by statute, 5 U.S.C. § 7325 . If the Commission’s construction were approved, then Section 806(b) (2) would become inoperative.”
Permissibility of the Admin. & Use of the Fed. Payroll Allocation Sys. by Exec. Branch Employees for Contributions to Political Action Committees (OLC 1995). “UI 1979); and O PM retains this rulemaking authority with respect to the geographic exceptions under the HARA, see 5 U.S.C. §7325 . Accordingly, regulations issued pursuant to that authority, see, e.”
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