45 C.F.R. Subpart C—Volunteer Activities
Title 45 - Public Welfare
(a) All volunteers, full and part time, are subject to the prohibitions on expenditure of federal funds for partisan and nonpartisan electoral activities, voter registration activities and transportation of voters to the polls, and efforts to influence the passage or defeat of legislation, as contained in section 403 of the Act. (b) Full time volunteers, and certain part time volunteers as specified herein, are also subject to the restrictions in subchapter III, chapter 73 of title 5, United States Code, commonly referred to as the Hatch Act, as provided in section 415(b) of the Act. The provisions in this subpart are applicable to full time volunteers as defined in §1226.3(c), and to such part time volunteers as may be otherwise specified herein. Full time volunteers are deemed to be acting in their capacity as volunteers: (a) When they are actually engaged in their volunteer assignments. VISTA volunteers and other full time volunteers who are required to serve without regard to regular working hours are presumed to be actually engaged in their volunteer assignments at all times, except during periods of authorized leave; or (b) Whenever they represent themselves, or may reasonably be perceived by others, to be performing as a volunteer. (a) Electoral Activity. Volunteers shall not engage in any activity which may, directly or indirectly, affect or influence the outcome of any election to public office. Volunteers are prohibited from engaging in activities such as: (1) Any activity in support of, or in opposition to a candidate for election to public office in a partisan or nonpartisan election; (2) Participating in the circulation of petitions, or the gathering of signatures on nominating petitions or similar documents for candidates for public office. (3) Raising, soliciting, or collecting funds for a candidate for public office; (4) Preparing, distributing or providing funds for campaign material for candidates, including leaflets, pamphlets, brochures and material designed for the print or electronic media; (5) Organizing political meetings or forums; (6) Canvassing voters on behalf of a candidate for public office; (7) Raising, soliciting or collecting funds for groups that engage in any of the activities described in paragraphs (a) (1) through (6) of this section. (b) Voter Registration. Volunteers shall not engage in any voter registration activity, including: (1) Providing transportation of individuals to voter registration sites; (2) Providing assistance to individuals in the process of registering to vote, including determinations of eligibility; (3) The dissemination of official voter registration materials; or (4) Raising, soliciting or collecting funds to support activities described in paragraphs (b) (1) through (3) of this section. (c) Transportation to the Polls. Volunteers shall not engage in any activity to provide voters or prospective voters with transportation to the polls, nor shall they collect, raise, or solicit funds to support such activity, including securing vehicles for such activity. (d) Efforts to Influence Legislation. Except as provided in §1226.9, volunteers shall not engage in any activity for the purpose of influencing the passage or defeat of legislation or any measures on the ballot at a general or special election. For example, volunteers shall not: (1) Testify or appear before legislative bodies in regard to proposed or pending legislation; (2) Make telephone calls, write letters, or otherwise contact legislators or legislative staff, concerning proposed or pending legislation for the purpose of influencing the passage or defeat of such legislation; (3) Draft legislation; (4) Prepare legislative testimony; (5) Prepare letters to be mailed by third parties to members of legislative bodies concerning proposed or pending legislation; (6) Prepare or distribute any form of material, including pamphlets, newspaper columns, and material designed for either the print or electronic media, which urges recipients to contact their legislator or otherwise seek passage or defeat of legislation; (7) Raise, collect or solicit funds to support efforts to affect the passage or defeat of legislation; (8) Engage in any of the activities set forth in paragraphs (d) (1) through (7) of this section for the purpose of influencing executive action in approving or vetoing legislation. (9) Circulate petitions, gather signatures on petitions, or urge or organize others to do so, which seek to have measures placed on the ballot at a general or special election. (10) Engage in any of the activities enumerated in paragraphs (d) (1) through (9) of this section in regard to the passage or defeat of any measure on the ballot in a general or special election. (a) A volunteer may draft, review, testify or make representations to a legislative body regarding a legislative measure upon request of the legislative body, a committee, or a member thereof, provided that: (1) The request to draft, review, testify or make representations is in writing, addressed to the volunteer or the organization to which the volunteer is assigned or placed, and signed by a member or members of the legislative body. (2) The request states the type of representation or assistance requested and the issue to be addressed. (3) The volunteer or the program sponsor provides a copy of such request to the State Director. (b) The volunteer may draft, review, testify, or make a written representation to a legislative body regarding an authorization or appropriation measure directly affecting the operation of the project or program to which he or she is assigned: Provided: (1) The sponsor organization provides notification to the State Director on a quarterly basis of all activity occurring pursuant to this exception. (2) The legislative measure relates to the funding of the project or program or affects the existence or basic structure of the project or program. (c) Notwithstanding the foregoing exceptions, any activity by a volunteer pursuant to paragraph (b) (1) or (2) of this section shall be incidental to his or her regular work assignment. (a) In addition to the prohibitions described above, full time volunteers are subject to the Hatch Act, subchapter III, of chapter 73, title 5, United States Code. Full time volunteers shall not, directly or indirectly, actively participate in political management or in political campaigns. All volunteers retain the right to vote as they choose and to express their personal opinions on political issues or candidates. Examples of prohibited activities, include, but are not limited to, (1) Candidacy for or service as a delegate or alternate to any political convention or service as an officer or employee thereof. (2) Acting as an officer of a primary meeting or caucus, addressing, making motions, preparing or presenting resolutions, representing others, or otherwise taking part in such meetings or caucuses. (3) Organizing or conducting a political meeting or rally on any political matter. (4) Holding office as a precinct or ward leader or representative, or service on any committee of a political party. It is not necessary that the service of the volunteer itself be political in nature to fall within the prohibition. (5) Organizing a political club, being an officer of such a club, being a member of any of its committees, or representing the members of a political club in meetings or conventions. (6) Soliciting, collecting, receiving, disbursing or otherwise handling contributions made for political purposes. (7) Selling or soliciting pledges for dinner tickets or other activities of political organizations or candidates, or for their benefit. (8) Distributing campaign literature, badges, buttons, bumperstickers or posters. (9) Publishing or being editorially connected with a newspaper or other publication generally known as partisan from a political standpoint. (10) Writing for publication or publishing any letter or article, signed or unsigned, soliciting votes in favor of or in opposition to any political party, candidate or faction. (11) Soliciting votes, helping get out the vote, acting as a checker, watcher or challenger for any party or faction, transporting voters to or from the polls, or transporting candidates on canvassing or speaking tours. (12) Participation in or organizing a political parade. (13) Initiating nominating petitions or acting as a canvasser or witness on such petitions. (14) Being a candidate for nomination or election to a National, State, or local office. (b) Hatch Act restrictions apply to full time volunteers at all times during their service, including off-duty hours, leave, holidays and vacations. (a) The provisions in this section are applicable to part time volunteers, as defined in §1226.3(d). There are two categories of part time volunteers: (1) Those enrolled for periods of service of at least twenty (20) hours per week for not less than twenty-six (26) consecutive weeks, as authorized under title I, part C of the Act, and (2) All other part time volunteers, including Senior Companions, Foster Grandparents and Retired Senior Volunteers. (b) All part time volunteers are subject to the restrictions described in §1226.8 (a), (b), (c) and (d) and the exceptions in §1226.9: (1) When they are engaged in their volunteer assignments, in training activities, or other related activities supported by ACTION funds, or (2) Whenever they represent themselves as ACTION volunteers, or may reasonably be perceived by others to be performing as volunteers. (c) The restrictions described in §1226.10, pertaining to the Hatch Act, are applicable to volunteers enrolled for periods of service of at least 20 hours per week for not less than 26 consecutive weeks, as authorized under title I, part C of the Act: (1) At all times in any day on which they serve as volunteers, or when engaged in activities related to their volunteer assignments, such as training; or (2) Whenever they represent themselves as volunteers or may reasonably be perceived by others to be performing as volunteers.
Title 45: Public Welfare
PART 1226—PROHIBITIONS ON ELECTORAL AND LOBBYING ACTIVITIES
Subpart C—Volunteer Activities
§ 1226.6 General.
§ 1226.7 Scope.
§ 1226.8 Prohibited activities.
§ 1226.9 Exceptions.
§ 1226.10 Hatch Act restrictions.
§ 1226.11 Part time volunteers.
