The issue of the Hatch Act reared its head when Public Safety Commissioner announced he is running for Attorney General and was mentioned in a newspaper article covering the Madison County Sheriff's race. The Hatch Act prohibits government employees from running for public office. The question that usually arises is whether state or local government employees are covered by the law. The Office of Special Counsel states on its website a covered employee is:
"An officer or employee of a state or local agency is subject to the Hatch Act if, as a normal and foreseeable incident of his principal position or job, he performs duties in connection with an activity financed in whole or in part by federal funds. Coverage is not dependent on whether the employee actually administers the funds or has policy duties with respect to them. However, an employee may have other duties in connection with federally funded programs or activities, and thus may be covered by the Hatch Act, even though he does not apply for or administer federal loans or grants or have any authority or discretion over the federal funding." Special Counsel FAQ's, Federal Law
Considering how many local law enforcement agencies receive federal dollars for communications systems, Homeland Security, anti-drug programs, and supplementing salaries, the Hatch Act probably applies to some or all of those who have filed qualifying papers for the Madison County Sheriff election: Ridgeland Police Chief Jimmy Houston and Madison County Deputies Randall Tucker, Brad D. Harbour and Mark Sandridge.
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