Before grappling with the fiscal cliff, Congress passed a rare kind of law: one that, on balance, tends to loosen ethical restrictions.  The Hatch Act Modernization Act of 2012 amends a 1939 law – named after Carl, not Orrin – which prohibits federal employees from engaging in partisan political activities.  The Modernization Act does four things:

First, it removes restrictions that prohibit state and local employees from running for office if they are working on projects that receive federal funding.  Those employees now can run for office unless their salary comes entirely from federal funds.

Second, it removes the federal restrictions that prohibit District of Columbia employees from running for office and engaging in other political activities.

Third, it authorizes the Office of Personnel Management to issue regulations permitting federal workers to participate in political campaigns in D.C.  Previously, federal workers could participate in campaigns in the D.C. suburbs, but not D.C. itself.

Fourth, it changes the penalties imposed on federal employees who violate the law.  Instead of a near-automatic job loss, the new law subjects violators to penalties ranging from a simple reprimand up through removal and debarment.

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Photo of Zachary G. Parks Zachary G. Parks

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside…

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside attorney for election law, campaign finance, pay-to-play and PAC issues.” Zachary is also a leading lawyer in the emerging corporate political disclosure field, regularly advising corporations on these issues.

Zachary’s expertise includes the Federal Election Campaign Act, the Lobbying Disclosure Act, the Ethics in Government Act, the Foreign Agents Registration Act, and the Securities and Exchange Commission’s pay-to-play rules. He has also helped clients comply with the election and political laws of all 50 states. Zachary also frequently leads political law due diligence for investment firms and corporations during mergers and acquisitions.

He routinely advises corporations and corporate executives on instituting political law compliance programs and conducts compliance training for senior corporate executives and lobbyists. He also has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance and has defended his political law clients in investigations by the Federal Election Commission, the U.S. Department of Justice, Congressional committees, and in litigation.

Zachary is also the founder and chair of the J. Reuben Clark Law Society’s Political and Election Law Section.

Zachary also has extensive complex litigation experience, having litigated major environmental claims, class actions, and multi-district proceedings for financial institutions, corporations, and public entities.

From 2005 to 2006, Zachary was a law clerk for Judge Thomas B. Griffith on the United States Court of Appeals for the District of Columbia.