Today, Republican Senator Dick Lugar, along with Senator Susan Collins (R-ME), introduced legislation reforming the federal Hatch Act to allow state and local law enforcement officers to run for the Office of Sheriff without having to step down from their job.
"At a time when local law enforcement officers are being called upon to respond to a growing number of criminal, disaster, and homeland security situations, we must ensure that communities have the opportunity to elect the most capable individuals as sheriff," said Lugar. "Unfortunately the federal Hatch Act, that is currently applied, often requires capable deputy sheriffs and other officers to leave their current position in order to run for election as sheriff. The reforms made by our proposal tailor the Hatch Act to the unique situations faced by law enforcement officers."
Currently, the federal Hatch Act restricts political activity by state and local employees who have duties in connection with programs financed by federal funds.
The State and Local Law Enforcement Hatch Act Reform Act of 2011 reforms the portion of the federal Hatch Act, as it applies to state and local law enforcement officers. Because law enforcement agencies at every level of government must coordinate with the federal government for disaster response and homeland security missions and often receive federal funds to do so, many capable officers have been prevented from standing for election as sheriff. The bill would:
a. Allow state and local law enforcement officers, who are currently prohibited by the Hatch Act from seeking elective office in a partisan election, to run for the Office of Sheriff without having to step down from their job.
b. Clarify current law to allow sheriffs, in their official capacity, to participate in political activities such as endorsing candidates, speaking at political events, and attending or sponsoring fundraisers.
c. Implement a statue of limitations of 6 months to file a claim against law enforcement officials for alleged violation of the Hatch Act in order to ensure that claims are filed in a timely manner and discourage spurious claims lodged in order to gain political advantage.