How to Run for Political Office: A Campaign Manual for Pennsylvania Candidates
(PDF of this manual)
Important Note about Government Employees and Politics
Before deciding to run for office or enlisting the support of friends, one should be aware that most government employees are severely restricted in the extent to which they can become involved in an election. Restrictions vary considerably and depend primarily on the government agency involved and the position held by the employee. Detailed explanations of the restrictions should be obtained directly from the public agencies involved.
The following general rules apply to many -- but not all -- employees of the federal government, the Commonwealth of Pennsylvania, and the City of Philadelphia:
First, many government employees are prohibited from seeking public or party offices in partisan elections.103 Elections for all officials in Pennsylvania officials are considered "partisan." This prohibition (as well as the following prohibitions) also applies to all court employees.104
Second, many government employees are prohibited from engaging in partisan campaign-related activities, including making speeches, organizing rallies, soliciting votes, distributing literature, and serving as a candidate's campaign finance chairperson. 105
Please also see our website for a newsletter addressing political activity by public employees – “When It Comes to Political Speech, One Size Doesn't Fit All”106
Third, many government employees are prohibited from actively participating in partisan politics. In this respect, government employees cannot participate in the activities of party committees, either as elected officials (such as committeeperson) or as members.107 Of course, voting, retaining membership in a political party or body, and expressing personal opinions are permitted.108
The above list should not be considered complete; many other serious prohibitions limit the political and partisan activity of government employees, and the penalties for disregarding these restrictions are very serious. For example, a government employee who violates the legal prohibition against partisan political activity may be removed from his or her position, fined, and in some instances, face criminal prosecution.109 Therefore, it is very important that government employees consult their supervisors before pursuing the offices described in this manual.
Apart from the specifications of the prohibitions, one should understand the nature of the laws establishing these restrictions. These limitations are conditions of employment which must be satisfied if an individual wishes to remain as a public employee. These restrictions are not, however, part of the Pennsylvania Election Code, and therefore, do not affect one's eligibility to pursue an elected office. In essence, a candidate cannot be denied a place on the ballot simply because he or she is a public employee and is violating his or her terms of employment by running for office. A candidate may lose his or her government position (and may be subject to criminal prosecution), but this result is not required by the Election Code. In other words, if a government employee runs for elected office despite a job-related prohibition, the remedy is to report this fact to the candidate's supervisor, so that the candidate may be required to cease campaigning or resign his or her position; the remedy is not to challenge the candidate's right to run for elected office under the Pennsylvania Election Code.
1035 C.F.R. § 734.304 (2002) 71 P.S. § 741.905b(b)(6); Phila H.R.C. § 10-107(4), (5).
104See In re Dobson, 534 A.3d 460 (Pa. 1987) (explaining that court-appointed employees, including law clerks, tipstaff and secretaries, cannot be involved in any form of partisan political activity); In re Prohibition of Political Activities by Court-Appointed Employees, 375 A.2d 1257 (Pa. 1977) (according to directives issued by Court Administrator of Pennsylvania, prohibited partisan activity by court-appointed employees included running for elected office, holding a position in the organizational structure of a political party, and working on behalf of a party or candidate).
10571 P.S. § 741.905b(b); Phila H.R.C. § 10-107(3)-(5).
106Seventy's website
10771 P.S. § 741.905b(b)(1), (2); Phila H.R.C. § 10-107(4).
108See 71 P.S. § 741.905b(c).
1095 U.S.C. § 7326 (2000); 71 P.S. § 741.906; Phila. H.R.C. §§ 10-107(6), 10-109
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