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Whisper from Campaign Trail: State Employees Warned Not to Post Campaign Yard Signs?

Quick note from the campaign trail: a voter outside working recognized me, called me over, removed a glove, shook my hand, and said, “I already voted for you!”

I thanked the voter and asked if the voter would like a yard sign.

“I’m a state employee,” the voter said. State employees are told not to make any public expression of support for candidates, the voter said.

I have no corroboration of this claim. I can also see plenty of counter-evidence, like the numerous state employees whom you will find in the campaign finance reports putting money into Republican campaigns.

I’ll just say this: if the Secretary of the Department of Public Safety can invite a Republican candidate to turn a public Highway Patrol demonstration into a campaign event and not only not get in trouble but get to move to another, arguably cushier state job, there had better not be any policy telling state employees they cannot engage in First Amendment activities on their own property and on their own time.

11 Comments

  1. Donald Pay 2018-10-20 15:11

    When I worked for the state in the 1980s we were not prevented from any political activities on our own time and property. I volunteered for Lars Herseth’s campaign and various water district elections. I was a lab rat, so my position wasn’t at all political. When I helped start the opposition to the giant hog farm in Hughes County, my supervisor talked to me about having a less public prescence, but didn’t try to forbid me from participating in that effort. I guess he figured he was on shakey legal ground.

  2. OldSarg 2018-10-20 15:36

    Doesn’t seem to be an issue to put the sign on his car or yard:

    “Political Activity
    There are a number of laws and rules regarding state employees and their political activity, especially running for an elected position. Civil service employees are prohibited from using their official authority to influence or coerce the political action of a person or group of people. Active participation is allowed in political management or in political campaigns except during working hours. Employees may also hold an elective office in political clubs or organizations which does not interfere with the normal performance of job responsibilities, except as prohibited by law.
    Employees whose positions are wholly funded by federal loans or grants are restricted from running for partisan office by the Hatch Act. Neither state nor federal law prevents activity of a nonpartisan type not specifically identified with a national or state political party. Questions relating to constitutional amendments, referendums, approval of state laws, and other issues of similar character are not deemed specifically identified with a national or state political party. For example, school board elections and many city elections are nonpartisan.
    State resources may not be utilized to influence the nomination or election of a candidate or the adoption or defeat of any ballot question.
    A state employee is allowed to run for office if in conformity with the policies in this handbook, as well as state and federal law. An employee intending on running for political office must contact his or her BHR human resource manager to assist the employee in identifying whether holding such political office while employed by the state may run afoul of any law, rule, or policy.” https://bhr.sd.gov/forms/Handbook.pdf

  3. BOHICA 2018-10-20 19:46

    Your voter is correct. An unwritten rule perhaps…But been that way for around 40 years. If you do put out a yard sign it better be the right party. Drive through Pierre and count the Dem signs. They only show up on non state employee and state retiree lawns.

  4. Jenny 2018-10-20 20:14

    Bohica Is right. There is a very real stigma in Pierre Of being a Democrat if you’re a state employee.
    One state employee told me once that he keeps it quiet about how moderate he really is, and another one told me straight out that she was a Democrat and did not like how A hat was passed around At a meeting onceto contribute to the South Dakota Republican Party ( which I think would be against the law). Another state employee told me once that when he was hired they suggested to him that it would be best if he was a republican.
    I only lived in Pierre for 2 1/2 years and these are the stories I heard while I was there.

  5. Joe Nelson 2018-10-20 20:18

    As a executive branch federal civilian, I am restricted in certain things, but only as it applies to my activities at work. That being said, there are restrictions on things like bumper stickers I put on my car, if I drive that car to work (only one sticker, per political party candidate i.e. no more than one sticker per candidate).

  6. Buckobear 2018-10-20 20:39

    Have the non-employee wives put up the signs.
    As long as one does not cloak the activity in official duty (in uniform, etc) It’s protected speech.

  7. leslie 2018-10-21 07:35

    After dinner walking the boulevard last night there were many, many Sutton, Bjorkman, and Kelts yard signs predominantly, both sides of the street. Dozens and dozens. There were only a few Noem, and just two Dusty signs, and a couple Borglum signs. Humerously the fat cat hard core Republican lobbeyist/lawyer/banker/broadcaster homes were often book-ended, both sides of the streets, for these well
    known Republican, elite dynasty families is Rapid City’s very heart.

    We need more Seiler, Fredrickson for SOS, Fredrickson for PUC signs!

    The Blue wave is here now in this staid, fundamental
    neighbohood. Kick out Republicans who have been co-opted by billionaires at every opportunity. The party for cruelty, crudity and cronyism. Vote straight Democratic ticket and vote for men and women with ethics and integrity. The deplorable Trump Republican nightmare must end now. Russians and billionaires need to be prosecuted.

  8. leslie 2018-10-21 11:25

    Wayne Frederick for PUC, Alexandra Frederick for SOS.

  9. leslie 2018-10-21 13:51

    Speaking of Alexandra Frederick for SOS, Republican Secretary of States enabled 2016 Russian election hacking, just like Trump’s more than likely collusion. They rebutted Homeland Security Jeh Johnson’s warnings to state election officials. A Democratic Secretary of State is vital to national as well as state security. Mitch McConnell prevented a strong bipartisan public warning as well.

    Collusion pervaded the Republican victory in 2016. It was a HOAX.

    Highway Patrol shenanigans benefiting SD Republicans was no accident. Corruption, orchestrated collusion is the watermark of SD GOP since I have been observing. THROW THESE BUMS OUT. Looks like Stan would agree with me.

  10. happy camper 2018-10-21 20:00

    Government employees are cautious not brave at least you got one vote of course he wants more government.

  11. D Bice 2018-10-22 06:45

    The Hatch Act of 1939 provides that persons below the policy-making level in the executive branch of the federal government must not only refrain from political practices that would be illegal for any citizen, but must abstain from “any active part” in political campaigns. An amendment on July 19, 1940 extended the Act to certain employees of state and local governments whose positions are primarily paid for by federal funds. It has been interpreted to bar political activity on the part of employees of state agencies administering federal unemployment insurance programs and appointed local law enforcement agency officials with oversight of federal grant funds. It also bars state and local government employees from running for public office if any federal funds support the position, even if the position is funded almost entirely with local funds. When I worked in county government years ago, the salary for my position (and 2 of my employees) was initially paid for by the county. The county was reimbursed by the federal government on an annual basis for a certain percentage of those salaries. Because of that, all 3 of us fell under stipulations of the Hatch Act. However, the law does not apply to your spouse putting up a sign in the yard.

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