Department of Health and Human Services Secretary Xavier Becerra violated the Hatch Act when he publicly expressed support for the reelection of Senator Alex Padilla (D., Calif.), according to a report from the U.S. Office of Special Counsel.
Special Counsel Henry Kerner sent a letter to President Biden on Tuesday saying Becerra violated federal law when he voiced support for Padilla “while speaking in his official capacity at the Congressional Hispanic Caucus Institute Annual Awards Gala on September 15, 2022.”
Kerner went on to explain that the Hatch Act “prohibits federal employees from using their official authority or influence to affect the outcome of an election.”
“In delivering his speech, Secretary Becerra impermissibly mixed his personal electoral preference with official remarks,” the letter added. “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.”
Kerner notes that the report, which comes more than a year before the 2024 presidential election, “offers an opportunity to deter violations by reminding federal employees at all levels of the Hatch Act’s restrictions.”
Becerra expressed regret for the infraction, calling his comments an “inadvertent violation.”
He said he “did not realize at the time that my off-the-cuff remarks” about “personal voting intentions” were in violation of the Hatch Act.
Becerra said after “additional counseling” from the HHS ethics department, he now understands why his comments were not permitted and he will “work hard to ensure that there are no future violations.”