RODEO — The Hatch Act, which bars federal employees from running in partisan elections, recently ensnared two Bay Area incumbents who faced a stark choice — either withdraw from the race or quit their jobs.
But John Swett Unified School District board President Jerrold Parsons and Pacifica Councilwoman Mary Ann Nihart did not do anything wrong. Although both elected officials were candidates in nonpartisan contests, under the Hatch Act the election became partisan once the local Democratic Party endorsed their opponents.
For eight years, Parsons has served on the board of the tiny John Swett school district, which includes Rodeo Hills Elementary, Carquinez Middle and John Swett and Willow high schools in western Contra Costa County. Three weeks ago, Parsons learned that the Democratic Party of Contra Costa County had endorsed Shane Reinhart.
Although Parsons said he is passionate about improving the schools, the decision to drop out was an easy one.
“As far as I know, if I was to win, which I might, and I accept the nomination and don’t resign, I’m putting my position at work at risk, and I really can’t do that,” said Parsons, 47, who works at the Social Security Administration in Richmond. “It’s not an option.
“I’m not ready to leave office,” he added, “but due to a screwy flaw in the Hatch Act, it’s going to prevent me from potentially serving.”
Enacted in 1939, the Hatch Act regulates federal employees’ political activity. In the past week, some Democrats, including U.S. Sen. Harry Reid, D-Nevada, have suggested that FBI Director James Comey may have violated the federal law when he notified Congress of the bureau’s intention to investigate additional emails that could be related to Hillary Clinton’s private server.
Comey’s surprise announcement roiled the presidential race and spurred an unprecedented series of leaks from the notoriously tight-lipped law enforcement agency.
Although the fate of the republic isn’t hanging in the balance in these local elections, the Hatch Act raised the stakes for both candidates.
Last month, the U.S. Office of Special Counsel notified Nihart that she would have to resign from her job at the Department of Veterans Affairs if she stayed in the race because the San Mateo County Democratic Party had endorsed her opponent, Deidre Martin.
According to the Oct. 20 letter from Ana Galindo-Marrone, head of the Hatch Act unit, there is not a “bright-line rule” determining the activities that push a nonpartisan election into partisan territory, but a political party’s endorsement and the promotion of the party’s backing on campaign fliers, mailers, websites or candidate slate cards might be enough, the letter states.
The San Mateo Democratic Party listed its endorsement of Martin on its website and sent out at least one mailer touting its support for her, according to Galindo-Marrone’s letter. The Democratic Party of Contra Costa County lists the Reinhart endorsement on its website, but it is unclear if the party included Reinhart on fliers or other materials. Party Chairman Jeff Koertzen could not be reached for comment.
Of course, people who mailed in their ballots or dropped them off at the county election office may have voted already for Parsons or Nihart. Furthermore, since their names will appear on the ballot on Election Day, they may pick up even more votes.
U.S. Rep. Jackie Speier, D-Hillsborough, plans to introduce a change to the law so that federal employees may run for office in nonpartisan races, even if a political party endorses another candidate.
“The Hatch Act should never result in a different entity other than the state of California effectively determining that a race is partisan,” Speier said in a statement.
