MEAWW.COM / NEWS / HUMAN INTEREST

Did Marcia Fudge violate Hatch Act? Internet slams Trump's 4 years over endorsement: ‘Ask Ivanka, she's a pro’

Fudge's comments on the Ohio Senate seat that will be vacated by Republican Rob Portman could land her in trouble but the Office of Special Counsel (OSC) is yet to comment on the controversy

Housing and Urban Development (HUD) Secretary Marcia Fudge may have just crossed a line with her recent comments at the White House. During a press briefing on March 18, Fudge endorsed two Democrats for a Senate seat from Ohio, which could constitute a violation of the Hatch Act. The US Office of Special Counsel (OSC), the agency in charge of investigating such violations has so far refused to comment on the matter.

The Hatch Act is a law that limits the political activities of all federal, civilian and executive branch employees. It limits endorsements of candidates or political parties by such employees. Under Trump, the act was routinely violated by senior officials including Kellyanne Conway, William Barr, Chad Wolf, and Mike Pompeo. The OSC even recommended that Conway must be removed from federal service. However, none of them faced any consequences. 

RELATED ARTICLES

Did Donald Trump pay people to attend White House rally? Internet calls it 'elitist' Hatch Act violation

RNC 2020: Did Trump administration breach the Hatch Act? A look at the decades-old federal law and its origin

The probable violation was first reported by The Washington Post. During the conference, Fudge said Dayton Mayor Nan Whaley and US Rep. Tim Ryan were likely candidates to take over the seat currently occupied by Republican Senator Rob Portman. The Ohio Senator said would not seek reelection in 2022. "I think we have a good shot at it. I know people have written off Ohio. I haven't written off Ohio. I believe we can win the Senate race," she said. 

Here's everything we know about the two candidates Fudge named.

Who is Nan Whaley?

Nannette Whaley is currently serving as the Mayor of Dayton, a role she was first elected to in 2013. She began her career as the youngest woman to be elected to the Dayton City Commission in 2005. When she ran for reelection. She ran unopposed marking the first uncontested Mayoral race in Dayton history. Her other notable political achievements include being a four-time delegate to the Democratic National Convention and serving as a member of the Electoral College. 

Born in Indiana, Whaley has resided in Ohio since attending the Unversity of Dayton in 1994. She obtained a degree in chemistry before completing an M.P.A from Wright State University. As she entered politics, she made Dayton her home. Whaley is no stranger to a larger spotlight, having contested the 2018 Gubernatorial elections for the state. She announced her candidacy for the role in 2017 but dropped out in January 2018. In January 2021, she announced she would not be running for reelection as Mayor.

At the time, she declined to comment on her next move. It was widely rumored at the time that she may run again for Governor or the US Senate. 

Who is Tim Ryan?

Timothy Ryan currently represents Ohio's 13th District in the US House of Representatives. It's a seat he has held since 2013. Prior to the redistricting of 2013, he represented Ohio's 17th District since 2003. Ryan has a long history of political service, having also served in the Ohio Senate between 2001 and 2002. In 2016, he notably challenged Nancy Pelosi for the role of leader of the House Democrats but lost 134-63. He also ran a campaign to be the Democratic presidential candidate in 2020 but dropped out in October 2019. 

Born in Ohio, Ryan attended Bowling Green State University. After graduating, he worked as an aide to U.S. Representative Jim Traficant, whom he replaced in 2003. Unlike Whaley, Ryan announced his intentions to run for Portman's seat in late January. He tweeted, "I’m overwhelmed by supporters who are reaching out to encourage me to run for Senate. I haven’t made a decision yet but I’m looking seriously at it. Ohio deserves leaders who fight for working people". 

In January 2021, Portman announced he would not run for reelection in 2022, saying, "it has gotten harder and harder to break through the partisan gridlock and make progress on substantive policy, and that has contributed to my decision." The decision could have a massive impact on the Senate, which is currently split 50-50. 

Understanding the Hatch Act

The act is a law that aims to enforce political neutrality amongst civil servants. It prohibits such employees from holding public office, influencing elections, participating or managing political campaigns, and even exerting undue influence on government hiring. Initially, it covered only federal executive branch employees but was extended in 1940 to state and local governments. Only the President and Vice President are exempt from the act.

Under the Trump administration, some officials like Stephanie Grisham, Sonny Perdue and others received official warnings from the OSC for violating the act, but no further action was taken.

No sooner did the news spread on social media, many people took to point out how the officials violated the Hatch Act umpteen times. "The Trump administration would deny deny deny that a top official violated the Hatch Act, then moan about how stupid the law is, then refuse to enforce it. I'm hoping @PressSec and @SecFudge will own up to this mistake, emphasize the law's importance, and do better next time," Walter Shaub posted.

Slamming the allegations, one wrote, "The Hatch Act is back, after being mysteriously suspended for four years." Another posted, "Remember when Trump literally held his RNC acceptance speech in front of the White House--his most visible campaign event of the year - thus violating the Hatch Act, and a lot of pundits where like: 'Eh, what are ya gonna do?'" A third went on to say, "The Hatch Act was never once enforced in the past four years, but now it's suddenly a national crisis? The media needs to get a life."

One listed down all the officials who previously violated it with no consequences whatsoever. Another said, "Ask Ivanka Trump for certainty. She knows about Hatch Act violations, she's a pro at it." One even went on to say, "How about this, we'll give a s**t about Hatch Act violations when y'all give a shit about how Jared, Ivanka and company got a security clearance. Deal?

It is likely that Fudge's comments are a violation of the act, but that will have to be ruled by the OSC. If it is considered a violation, she could receive a warning letter or even a penalty of up to $1,000. Serious offenses can lead to removal from federal service and debarment for not more than five years.