TOMS RIVER, NJ – Ben Giovine, a District Director for U.S. Congressman Andy Kim, is running for political office, sparking debate over whether his candidacy violates the Hatch Act. The law restricts political activities for federal workers, but Giovine claims a loophole permits his run.
Giovine works in what is considered a non-partisan role for Congressman Kim. He contends his candidacy is allowed under the Hatch Act due to his classification as a staff member and not a senior staff member. “I consulted with the relevant house counsel and had any clearances of any guardrails regarding my candidacy,” said Giovine.
As the second highest-paid staff member on Congressman Kim’s payroll, Giovine earns around $100,000 annually. The Hatch Act aims to maintain nonpartisan administration of federal programs and protect federal employees from workplace political coercion.
Republicans in Toms River are contemplating filing a Hatch Act violation against Giovine, though no one has gone on record with this intention. According to the law, penalties for violation can range from removal from federal service to civil penalties not exceeding $1,000.
Giovine faces the challenge of ensuring no overlap between his federal employment and campaign activities. Mixing the two could result in legal consequences.
The U.S. Office of Special Counsel, responsible for enforcing the Hatch Act, would not confirm Giovine’s interpretation of the law. Similarly, other federal offices, including Congressman Kim’s, have not issued statements on the matter.
Giovine’s opponent, Dan Rodrick, declined to comment on the Hatch Act issue, focusing instead on Giovine’s past record.
“I’m going to beat Giovine either way,” said Rodrick. “When he was a school board member, he raised taxes every year. He supports downtown towers and high-density housing.”
