The Office of Special Counsel found that Health and Human Services Secretary Xavier Becerra violated the Hatch Act when he publicly supported the election of Sen. Alex Padilla, D-Calif., in September 2022.
Becerra advocated for Padilla's candidacy when he spoke “in his official capacity” during the Congressional Hispanic Caucus Institute's annual awards gala.
Special Counsel Henry J. Kerner sent a letter to President Biden relaying the findings on Tuesday, as The Washington Post reports:
“The Hatch Act prohibits federal employees from using their official authority or influence to affect the outcome of an election,” Kerner said. “In delivering his speech, Secretary Becerra impermissibly mixed his personal electoral preference with official remarks. While federal employees are permitted to express support for candidates when speaking in their personal capacity, the Hatch Act restricts employees from doing so when speaking as a government official.”
In a response to the findings, Becerra said he regretted what he described as an “inadvertent violation.”
“While I did not realize at the time that my off-the-cuff remarks concerning my personal voting intentions were in violation of the Hatch Act, I now understand why they were not permitted,” he said.
Becerra added that he had received “additional counseling” on the Hatch Act from his department's ethics division and that he would “work hard to ensure that there are no future violations.”
Passed in 1939, the Hatch Act limits the political activity of federal employees while on duty.
The president and vice president are exempt from its restrictions.
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