In re the Arbitration between Blackburne & Governor's Office of Employee Relations

OPINION OF THE COURT

Ciparick, J.

The Hatch Act, 5 USC § 1501 et seq., bars employees of any State agency that is "financed in whole or in part by loans or grants made by the United States or Federal agency” from running for elective office (5 USC § 1501 [4]; § 1502 [a] [3]). A violator is subject to discharge from employment (see, 5 USC § 1505 [2]; § 1506). If removal is warranted, the governmental employer must impose that sanction or subject itself to the loss of Federal funds equivalent to two years of the violator’s salary (see, 5 USC § 1505 [3]; § 1506 [a]).

Petitioner Elmer H. Blackburne…