As a Sarasota County Sheriff’s employee, the Hatch Act prohibits Kurt Hoffman, from seeking public office in a partisan election (such as a Republican Primary). To be in conformance with the law, Hoffman should have asked Sheriff Tom Knight for a “leave of absence” – but he did not. As an attorney, Hoffman should have known this basic legal information.

Here is a copy-and-paste from the Supervisor of Elections in Pinellas County (from Ms. Julie Marcus):

  • How does the “resign-to-run” law relate to the “Hatch Act?”

    The state resign-to-run law is entirely separate from the federal “Hatch Act.” The federal Hatch Act (5 U.S.C. §§ 1501- 1508) applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency.

    The Hatch Act prohibits executive branch state and local employees covered under its provisions from being a candidate for public office in a partisan election, i.e., an election in which any candidate represents, for example, the Republican or Democratic Party.

    For example, if an employee works for a state agency and his or her principal work is in an area which is funded in part by a federal agency, then the Hatch Act would prohibit that employee from running for a partisan office. Law enforcement officers seeking to run for public office should be aware that if their law enforcement agency receives federal funding (e.g., Department of Homeland Security grants), then their candidacy for a partisan office may be subject to the Hatch Act prohibitions. The Hatch Act would not prohibit the covered employee from being a candidate in a nonpartisan election; however, an employee’s conduct is also subject to the laws of the state and the regulations of the employing agency, so the employee should check with his or her supervisor, personnel office, or the agency’s general counsel to determine what state or local law or agency rules or policies may apply regarding political activities.

    The Hatch Act prohibits state, county and municipal employees seeking public office in a partisan election.

    Questions about the Hatch Act may be directed to:
    Hatch Act Unit
    U.S. Office of Special Counsel
    1730 M Street, N.W., Suite 218
    Washington, D.C. 20036-4505
    Tel: (800) 85-HATCH or (800) 854-2824
    (202) 254-3650
    Website: http://www.osc.gov/pages/hatchact.aspx

Source:
https://www.votepinellas.com/Candida...ign-to-Run-Law