Elections & campaignsAbuse of power & retaliation

U.S. Office of Special Counsel found HHS Secretary Xavier Becerra violated the Hatch Act in remarks supporting Sen. Alex Padilla's election; Becerra called the violation inadvertent, 2023

Confidence: Confirmed · 4 sourcesCalifornia · Oct 12, 2026

Subject of this story

Xavier Becerra, Candidate for Governor of California

Also named

Oversight

U.S. Office of Special Counsel

What happened

On April 18, 2023, the U.S. Office of Special Counsel (OSC) sent President Biden a report finding that Xavier Becerra, then Secretary of Health and Human Services, violated the Hatch Act by expressing support for Sen. Alex Padilla's reelection while speaking in his official capacity at the Congressional Hispanic Caucus Institute Annual Awards Gala on September 15, 2022. At the gala Becerra said he would be voting for Padilla in a little over a month; CNN reported that he strayed from prepared remarks that an HHS ethics attorney had approved. Special Counsel Henry Kerner wrote that Becerra "impermissibly mixed his personal electoral preference with official remarks." In a written response included in the report, Becerra said, "I regret this inadvertent violation," and, "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." He also said he received additional Hatch Act counseling from his department's ethics division. The report went to the President for "appropriate action"; OSC can recommend but not impose discipline. The coverage reviewed reported no discipline beyond the counseling, and the White House had no comment. Becerra left HHS in January 2025 and is the Democratic candidate for governor.

By the numbers (1)

● confirmed by a primary document · ○ reported

Roles

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The OSC sent a report to the President finding HHS Secretary Xavier Becerra violated the Hatch Act by expressing support for Sen. Padilla's reelection in his official capacity on September 15, 2022.

Xavier Becerra · U.S. Office of Special Counsel

1 source

U.S. Office of Special Counsel - press release, Apr 18, 2023: OSC Issues Report to the President Finding HHS Secretary Xavier Becerra Violated the Hatch Act — U.S. Office of Special Counsel - press release, Apr 18, 2023: OSC Issues Report to the President Finding HHS Secretary Xavier Becerra Violated the Hatch ActDocumentOSC sent a report to the President finding HHS Secretary Xavier Becerra violated the Hatch Act

Sources (4)

U.S. Office of Special Counsel - press release, Apr 18, 2023: OSC Issues Report to the President Finding HHS Secretary Xavier Becerra Violated the Hatch ActOSC sent a report to the President finding HHS Secretary Xavier 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.

Reuters via NBC News: U.S. government watchdog: Health chief Becerra violated Hatch Act (Apr 18, 2023)The report was sent to Biden, a Democrat, for "appropriate action." ... Becerra acknowledged his comments but said they were unintentional.

Sacramento Bee via Yahoo News: Xavier Becerra violated Hatch Act by supporting Sen. Alex Padilla's election, watchdog says (Apr 2023)"While I did not realize at the time that my off-the-cuff remarks ... I now understand why they were not permitted," Becerra said in a statement within the report; Becerra added that he received counseling on the Hatch Act from his department's ethics division. The office itself can recommend punishments but not enforce them.

CNN"I regret this inadvertent violation," Becerra told OSC; he strayed from prepared remarks approved by an HHS ethics attorney.

Response

Xavier Becerra

On-record admission

Contacted and made an on-record admission — exact wording not on record.

What happened next (0)

No outcome recorded yet.

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