Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT
Section 27-120-5.9 - POLITICAL ACTIVITY
Personnel administration must be conducted in an atmosphere free from political influence or coercion.
Political Contributions and Services
No State Service employee may be obliged, by reason of his or her employment, to contribute to a political fund or to render political service, and he or she may not be removed or otherwise prejudiced for refusal to do so.
Use of Official Authority or Influence to Coerce Political Action
No State Service employee may use his or her official authority or influence to coerce the political action of a person or body.
Fair Treatment of Applicants and Employees
Each appointing authority will assure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation.
Freedom From Political Coercion
Each appointing authority will assure that employees are free from coercion for partisan or political purposes. State law requires a personnel system that assures employees are free from coercion for partisan or political purposes and shall receive fair treatment in all aspects of personnel administration without regard to political affiliation.
Informing Employees of Political Activities Laws
Each appointing authority will inform all employees of which political activities are permitted or prohibited by law.
Violation of Provisions
Any employee in the State Service who violates any of the provisions of this section may be subject to appropriate disciplinary action.
Prohibited Political Activity
Mississippi law prohibits any agency or appointing authority from attempting to direct or coerce any state employee to vote or not to vote and from either discharging or threatening to discharge, changing the salary of, or promoting or demoting any State employee because of the employee's vote or failure to vote for any particular candidate or group of candidates. State law further prohibits any agency or employee of any agency with the authority to employ or discharge other employees from giving out or circulating any statement or report that is calculated to intimidate, coerce, or otherwise influence any employee as to the employee's vote. If any such statement or report is circulated, the agency must publicly repudiate it or will be deemed to have circulated the statement. Agencies are also prohibited from requesting, directing or allowing any employee to canvas for or otherwise render any services for or against any candidate or group of candidates during working hours or while an employee is on vacation or other leave of absence at the expense of the agency. No State employee, at the expense, in whole or part, of his or her employer, may take any part whatsoever in any election campaign except the time necessary to cast his or her vote.
No one who has any control over, directly or indirectly, the expenditure of any public funds in the State of Mississippi may suggest or intimate either publicly or privately that any such expenditure will in any way depend on or be influenced by the vote of any person or groups of persons.
No person may, in order to promote his or her own candidacy or that of any other person for public office in Mississippi, directly or indirectly promise to appoint or secure or assist in securing the appointment, nomination or election of another person to any public position or employment or the employment of any person under any public contract or the expenditure of any public funds in the personal behalf of any particular person or group. However, a candidate for election may publicly announce his position in relation to an election in which he may be called on to take part if elected. This prohibition is further inapplicable to a sheriff, chancery clerk, circuit clerk or any other person of the State or county when it comes to his or her office force.
> The Hatch Act
The federal "Hatch Act,"5 U.S.C. §§ 1501 et seq., covers individuals employed by State or local agencies receiving federal loans or grants whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency. A State or local officer or employee may not (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes or 3) if the salary of the employee is paid completely, directly, or indirectly, by loans or grants made by the United States or a Federal agency, be a candidate for a partisan elective office. Under federal guidelines, all State or local employees regardless of funding may be a candidate in a nonpartisan election.
The Hatch Act regulations which are applicable to State and local employees may be found in the Code of Federal Regulations at 5 C.F.R. §
151.101
et seq. In cases where the Hatch Act is applicable, the State of Mississippi may additionally place more strict prohibitions on the political activity of its employees. Additional information about the Hatch Act can be found at
> Agency Specific Prohibitions
Several State agencies have specific laws which relate to the political activity of its employees. Those agencies are responsible for informing all employees of which political activities are permitted or prohibited pursuant to the law applicable to that agency's employees.
