Allegations of Hatch Act Violations Amid Government Shutdown Messaging

A complaint has been filed by the nonprofit group Public Citizen against the Small Business Administration (SBA) and the Department of Housing and Urban Development (HUD) for allegedly violating the Hatch Act. This law prohibits federal employees from engaging in partisan political activities while on duty. The complaint stems from messages posted on the agencies' websites that blame congressional Democrats for the recent government shutdown.

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On October 1, 2025, as the government officially shut down, both the SBA and HUD displayed messages attributing the shutdown to the "Radical Left." The SBA's website stated, “Senate Democrats voted to block a clean federal funding bill (H.R. 5371), leading to a government shutdown that is preventing the U.S. Small Business Administration from serving America’s 36 million small businesses.” Similarly, HUD's website claimed, “The Radical Left are going to shut down the government and inflict massive pain on the American people unless they get their $1.5 trillion wish list of demands.” Public Citizen characterized these statements as highly partisan and a clear violation of the Hatch Act.

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Scott Turner, the HUD Secretary, defended the messaging during an interview, asserting that it was not propaganda but rather an effort to inform the public about the shutdown's implications. He stated, “I am not worried at all about whether I have violated the Hatch Act.” Meanwhile, the White House maintained that it was merely sharing the truth with the American people, with spokeswoman Abigail Jackson emphasizing that “it’s an objective fact that Democrats are responsible for the government shutdown.”

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Critics, including Rep. Jasmine Crockett (D-Texas), have raised concerns regarding the legality of the messaging. Crockett described the communications as political propaganda and questioned how they could not be considered a violation of the Hatch Act. Richard Painter, a government ethics expert, noted that while the messages may not technically violate the Hatch Act, they push the boundaries of the law by politicizing a government shutdown and pressuring employees to adopt partisan narratives.

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While Public Citizen and other ethics experts assert that the messages constitute a violation of the Hatch Act, some legal analysts argue that the content does not explicitly reference an election, which may exempt it from direct legal repercussions. The Office of Special Counsel, responsible for enforcing the Hatch Act, has not yet commented on the specific allegations.

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Public Citizen plans to pursue further complaints against other agencies that participated in similar messaging. The implications of these actions could lead to investigations by the Office of Special Counsel, which is currently facing scrutiny regarding its effectiveness under the Trump administration.

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• “This is such an obvious violation of the Hatch Act that it raises the question: ‘How on Earth does HUD think they can get away with this?’ The answer is that the Trump administration has managed to neuter the ethics enforcement offices in the executive branch. Those who are responsible for enforcing the Hatch Act — namely, the Office of Special Counsel, followed by the Office of Government Ethics and the Attorney General’s office — have all been taken over by Trump loyalists or those who are intimidated by Trump,” — Craig Holman, Public Citizen

HUD’s Scott Turner defends website text amid Hatch Act complaint

• “The Far Left is barreling our country toward a shutdown, which will hurt all Americans.” — HUD spokesperson

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• “Instead of just saying, ‘We’re currently in a shutdown,’ you decided to play partisan politics on an official website, and I guess there is no limit to what they won’t do, because they do the exact same thing when we walk into committee,” — Rep. Jasmine Crockett (D-Texas)

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