Xavier Becerra, the Health and Human Services Secretary under President Joe Biden, has violated the Hatch Act after speaking at a public event last year, according to a government watchdog.
The U.S. Office of Special Counsel reported Becerra “crossed the line” when he expressed his support for Democratic California Senator Alex Padilla’s re–election in a 2022 U.S. Senate race at the Congressional Hispanic Caucus Institute Annual Awards Gala dinner in September.
In a letter to Biden, Special Counsel Henry J. Kerner said Becerra “impermissibly mixed his personal electoral preference with official remarks.”
“Not only did Secretary Becerra express pride at having Senator Padilla as his Senator, he referred to him as “someone [he] will be voting for in a little bit more than a month….,” Kerner said.
The Hatch Act restricts the political activity of “any individual, other than the President and the Vice President, employed or holding office in… an Executive agency other than the Government Accountability Office.”
Becerra acknowledged his comments but said they were unintentional.
“While I did not realize at the time that my off–the–cuff remarks concerning my personal voting intentions were in violation of the Hatch Act, I now understand why they were not permitted,” he said in a statement.
The report comes as the Biden Administration faces criticism for its handling of potential Hatch Act violations. Last year, Energy Secretary Jennifer Granholm was given a warning for her comments in an interview with Marie Claire magazine, where she promoted electoral success for the Democratic Party.
The Office of the Special Counsel cited 13 senior officials for former President Donald Trump for illegally mixing governing with campaigning before the 2020 election. It also called for Kellyanne Conway to be removed from office.
It remains unclear what the Biden Administration will do to address Becerra‘s violation. It appears that officials are sending a signal that they will not be as strict with enforcing the Hatch Act as former President Trump was.
Critics of the Biden Administration are now questioning the White House’s commitment to the Hatch Act and its ability to enforce it. They argue that if top officials like Becerra are not held accountable for their missteps, it could set a dangerous precedent that could lead to more violations in the future.
