45 C.F.R. PART 1226—PROHIBITIONS ON ELECTORAL AND LOBBYING ACTIVITIES
Title 45 - Public Welfare
Authority: Secs. 403, 415(b), Pub. L. 93–113, 87 Stat. 408, 411–412.
Source: 46 FR 8522, Jan. 27, 1981, unless otherwise noted.
This part implements provisions of the Domestic Volunteer Service Act, 1973, 87 Stat. 394, Pub. L. 93–113, as amended, hereinafter referred to as the Act, pertaining to the prohibited use of Federal funds or the involvement of agency programs and volunteers in electoral and lobbying activities. These regulations are designed to define and clarify the nature and scope of prohibited activities to ensure that programs under the Act and volunteer activities are conducted within the statutory bounds established by the Act. The penalties for violation of the regulations are also prescribed. The statutory source of the prohibitions upon electoral and lobbying activities is section 403 (a) and (b) of the Act. Rules applying to the Hatch Act (Title III of chapter 73, title 5, United States Code) to full time and certain part time volunteers, as required by section 415(b) of the Act, are also set forth herein. This part applies, except where otherwise noted, to all full time and part time volunteers serving in a program authorized by the Act, including VISTA, Service Learning and the Older American Volunteer Programs. It also applies to employees of sponsoring organizations, whose salaries, or other compensation, are paid, in whole or in part, with agency funds. (a) The Act means the Domestic Volunteer Service Act of 1973, as amended, Pub. L. 93–113 (42 U.S.C. 4951 et seq.). (b) Assistance means funds, volunteers or volunteer training, which is paid for from funds appropriated for the purpose of supporting activities under the Act, and includes locally provided funds required by law, regulation or policy as a local contribution to activities authorized by the Act. (c) Full time when used in the context of volunteer service, means service of not less than 35 hours per week. (d) Part time when used in the context of volunteer service, means service that is less than full time. (e) Recipient or sponsor organization means any organization that receives assistance under the Act. (f) Volunteer means an individual enrolled for service in a program or project that is authorized by or which receives assistance under the Act. (g) Legislative body includes the United States Congress, State and Territorial Legislatures and locally elected or appointed bodies with the authority to enact laws. (h) Public office includes any Federal, State, local elective, or party office. (i) Party office means an elective position in a national, state or local organization or committees or convention of such organization, which has, as a principal purpose, support or opposition to candidates for public office. (j) Legislation means bills, resolutions, amendments, nominations and other matters pending or proposed in a legislative body and includes any other matter which may be the subject of action by the legislative body. Under section 403 of the Act, volunteer programs may not be conducted in a manner which supports or results in the identification of such programs with prohibited activities. This section prescribes the nature and extent of involvement in such activity by an organization which would preclude the assignment of volunteers to the organization. Volunteers or other assistance, in any program under the Act shall not be assigned or provided to an organization if a principal purpose or activity of the organization includes any of the following activities: (a) Electoral Activities. Any activity designed to influence the outcome of elections to any public office, such as: (1) Actively campaigning for or against or supporting candidates for public office; (2) Raising, soliciting or collecting funds for candidates for public office; (3) Preparing, distributing or providing funds for campaign literature for candidates, including leaflets pamphlets, and material designed for the print or electronic media; (b) Voter Registration Activities. Any voter registration activity, such as (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) Disseminating official voter registration material. (c) Transportation to the Polls. Providing voters or prospective voters with transportation to the polls or raising, soliciting or collecting funds for such activity. (d) Any program sponsor which, subsequent to the receipt of any federal assistance under the Act, makes as one of its principal purposes or activities any of the activities described in §1226.5 hereof shall be subject to the suspension or termination of such assistance, as provided in 45 CFR part 1206. (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. Sponsor employees whose salaries or other compensation are paid, in whole or in part, with agency funds are subject to the restrictions described in §1226.8 (a), (b), (c) and (d) and the exceptions in §1226.9: (a) Whenever they are engaged in an activity which is supported by ACTION funds; or (b) Whenever they identify themselves as acting in their capacity as an official of a project which receives ACTION funds, or could reasonably be perceived by others as acting in such capacity. (a) It shall be the obligation of program sponsors to ensure that they: (1) Fully understand the restrictions on volunteer activity set forth herein; (2) Provide training to volunteers on the restrictions and ensure that all other training materials used in training volunteers are fully consistent with these restrictions; (3) Monitor on a continuing basis the activity of volunteers for compliance with this provision; (4) Report all violations, or questionable situations, immediately to the State Director. (b) Failure of a sponsor to meet the requirements set forth in paragraph (a) of this section, or a violation of the rules contained herein by either the sponsor, the sponsor's employees subject to §1226.12 or the volunteers assigned to the sponsor, at any time during the course of the grant may be deemed to be a material failure to comply with the terms and conditions of the grant as that term is used in 45 CFR 1206.1 regarding suspension and termination of assistance or a violation of the Project Memorandum of Agreement, as applicable. The sponsor shall be subject to the procedures and penalties contained in 45 CFR 1206.1. (c) Violation by a volunteer of any of the rules and regulations set forth herein may be cause for suspension or termination as set forth in 45 CFR 1213.5–5(2) or other disciplinary action.
Title 45: Public Welfare
PART 1226—PROHIBITIONS ON ELECTORAL AND LOBBYING ACTIVITIES
Section Contents
§ 1226.1 Purpose.
§ 1226.2 Scope.
§ 1226.3 Definitions.
§ 1226.4 General.
§ 1226.5 Electoral, voter registration, and other activities.
§ 1226.6 General.
§ 1226.7 Scope.
§ 1226.8 Prohibited activities.
§ 1226.9 Exceptions.
§ 1226.10 Hatch Act restrictions.
§ 1226.11 Part time volunteers.
§ 1226.12 Sponsor employees.
§ 1226.13 Obligations of sponsors.
Subpart A—General Provisions
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§ 1226.1 Purpose.
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§ 1226.2 Scope.
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§ 1226.3 Definitions.
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Subpart B—Sponsoring Organization
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§ 1226.4 General.
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§ 1226.5 Electoral, voter registration, and other activities.
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Subpart C—Volunteer Activities
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§ 1226.6 General.
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§ 1226.7 Scope.
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§ 1226.8 Prohibited activities.
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§ 1226.9 Exceptions.
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§ 1226.10 Hatch Act restrictions.
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§ 1226.11 Part time volunteers.
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Subpart D—Sponsor Employee Activities
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§ 1226.12 Sponsor employees.
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§ 1226.13 Obligations of sponsors.
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