If a cabinet member is selected for running mate, do they have to resign?

[Joe Biden 2024]

This was a thought I had and I wasn't entirely sure about the answer.

For example, say Clinton picked Castro for VP. Would Castro have to resign as HUD secretary.

[Dr Oz Lost Party!]

He would have to resign immediately upon taking office as VP, but he can run for the position and keep HUD at the same time. Members of Congress don’t have to resign to run for VP so I don’t see why he would have to.

Correct me if I’m wrong.

[brucejoel99]

Yes. Federal employees (other than an incumbent President or Vice President) are prohibited by the Hatch Act from running as candidates in a partisan election.

[Kingpoleon]

Yes. Federal employees (other than an incumbent President or Vice President) are prohibited by the Hatch Act from running as candidates in a partisan election.

Section 9. (a) of the Hatch Act:
“No officer or employee in the executive branch of the Federal Government, or any agency or department thereof, shall take any active part in political management or in political campaigns... shall not be construed to include... (4)an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in the nationwide administration of Federal laws.”

Yes, the Hatch Act explicitly allows sitting Cabinet members, Ambassadors, and anyone else appointed by the President and confirmed by the Senate to manage campaigns, advocate for candidates, or run themselves.

[brucejoel99]

Yes. Federal employees (other than an incumbent President or Vice President) are prohibited by the Hatch Act from running as candidates in a partisan election.

Section 9. (a) of the Hatch Act:
“No officer or employee in the executive branch of the Federal Government, or any agency or department thereof, shall take any active part in political management or in political campaigns... shall not be construed to include... (4)an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in the nationwide administration of Federal laws.”

Yes, the Hatch Act explicitly allows sitting Cabinet members, Ambassadors, and anyone else appointed by the President and confirmed by the Senate to manage campaigns, advocate for candidates, or run themselves.

Per the Office of Special Counsel themselves, the Hatch Act restricts the political activity (defined as activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group, per 5 C.F.R. § 734.101) 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," per 5 U.S.C. § 7322(1). A cabinet secretary holds an office in an Executive agency & thus is subject to the Hatch Act's restrictions on political activity, seeing as the Cabinet departments are Executive departments,  per 5 U.S.C. § 101, & seeing as an "Executive agency" is defined as an "Executive department, Government corporation, or independent establishment," per 5 U.S.C. § 105.

[Kingpoleon]

Upon further review, despite the text of the Hatch Act, the Special Counsel has stated repeatedly this applies to Cabinet secretaries. Sorry!