Health and Human Services Secretary Xavier Becerra has significant influence in his official capacity in President Biden’s cabinet —but that influence must never be used to, oh, say, influence the outcome of an election.
Why? Because it’s illegal and in violation of The Hatch Act. But according to a new report, it sounds like Becerra went ahead and violated the act anyway. The HHS Sec. publicly endorsed Democrat Senator Alex Padilla’s re-election while appearing in an official capacity.
Special Counsel Henry Kerner sent a letter to President Biden alerting him of the situation.
“As explained in the accompanying report, OSC concluded that Secretary Becerra violated the Hatch Act by expressing support for Senator Alex Padilla’s reelection while speaking in his official capacity at the Congressional Hispanic Caucus Institute Annual Awards Gala on September 15, 2022,” Kerner wrote.
“The Hatch Act prohibits federal employees from using their official authority or influence to affect the outcome of an election,” Kerner continued. “In delivering his speech, Secretary Becerra impermissibly mixed his personal electoral preference with official remarks.”
“While federal employees are permitted to express support for candidates when speaking in their personal capacity, the Hatch Act restricts employees from doing so when speaking as a government official,” he added.
Kerner noted that with “a presidential election approaching next year, this report offers an opportunity to deter violations by reminding federal employees at all levels of the Hatch Act’s restrictions.”
Kerner submitted his report to Biden along with Becerra’s response where he claims his remarks were inadvertent and “off-the-cuff.”
“I now understand why they were not permitted,” Becerra said, according to Fox News. He also said he received “additional counseling” from the HHS ethics department and he would “work hard to ensure that there are no future violations.”
