Biden HHS Secretary Xavier Becerra violated Hatch Act, government watchdog says

The Office of Special Counsel said Health and Human Services Secretary Xavier Becerra violated the Hatch Act by backing the reelection efforts of Sen. Alex Padilla (D-CA) during an awards gala last year.

In a letter sent to the White House on Tuesday, special counsel Henry Kerner noted that “in delivering his speech, Secretary Becerra impermissibly mixed his personal electoral preference with official remarks.”

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Becerra’s remarks at the Congressional Hispanic Caucus Institute Annual Awards Gala on Sept. 15, 2022, violated the Hatch Act’s prohibition against federal employees “using their official authority or influence to affect the outcome of an election,” Kerner also wrote.

The violation occurred after Becerra accepted the American Dream Medallion award from Padilla during the gala. The HHS secretary then went on to say he would vote for the senator in 2022.

“To my brother, my friend, and senator, and someone I will be voting for in a little bit more than a month, Alex Padilla, thank you so much, senator, for being there for all of us. We are proud to have you as our senator,” Becerra said while accepting the award.

In response to the OSC investigation, Becerra said his remarks were “off-the-cuff.” Nevertheless, Becerra expressed regret for his actions.

“I did not intend to use my official authority or influence for purpose of interfering with or affecting the result of an election, and I regret this inadvertent violation,” the HHS secretary wrote in response to the investigation. “While I did not realize at the time that my off-the-cuff remarks concerning my personal voting intentions were in violation of the Hatch Act, I now understand why they were not permitted.”

Other Biden administration officials have been cited for violating the Hatch Act. Former Biden chief of staff Ron Klain was cited in May 2022 for violating the Hatch Act when he retweeted a post that called for purchasing merchandise from Strike PAC, a Democratic group.

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The OSC found that 13 Trump administration officials, including then-chief of staff Mark Meadows and former press secretary Kayleigh McEnany, broke the Hatch Act during the 2020 presidential election.

Becerra was sworn in as the 25th HHS secretary in March 2021.