The draft message at SBA began, “I am out of office for the foreseeable future because Senate Democrats voted to block a clean federal funding bill (H.R. 5371), leading to a government shutdown…”

The message went on to argue that Democrats were “stopping an estimated 320 small businesses from accessing $170 million in SBA-guaranteed funding” each day the shutdown continues. It closed by noting that many SBA services were unavailable but that the agency was ready to “immediately return to the record-breaking services we are providing under the leadership of the Trump Administration” once funding is restored.

Employees at the Small Business Administration were provided with a human resources template for their “out of office” messages, which included instructions to attribute the disruption to Democrats. pic.twitter.com/Mghn81kE1c

— Samantha-Jo Roth (@SamanthaJoRoth) October 1, 2025

“I couldn’t believe it when I read the email this morning. Thankfully, it was only a suggestion,” said one agency employee, who spoke on the condition of anonymity because they were not authorized to speak to the media. The employee went on to say that they believed it was a “blatant violation of the Hatch Act.”

The Hatch Act, passed in 1939, is a federal law restricting political activity by government employees. It’s designed to keep federal programs nonpartisan, protect workers from political pressure on the job, and ensure that employees are promoted based on merit rather than party affiliation.

Members of the SBA press team appeared to use that same suggested out-of-office reply before later responding to a request for comment. In their follow-up, the agency confirmed the suggested sign-off message, saying, “It speaks for itself and is rooted in fact.” They pointed to the shutdown’s effect of freezing small business loan programs, preventing an estimated 320 businesses a day from accessing $170 million in SBA-guaranteed funding. They did not address questions about potential Hatch Act violations.

Similar partisan messaging has appeared elsewhere in government. This week, the Department of Housing and Urban Development’s website posted a bright red banner and pop-up message warning: “The Radical Left in Congress shut down the government. HUD will use available resources to help Americans in need.”

The Department of Veterans Affairs also issued a sharply worded statement blaming “radical liberals in Congress” for potential service disruptions, such as the suspension of career counseling and the closure of regional benefits offices. “Radical liberals in Congress are trying to shut down the government to achieve their crazy fantasy of open borders, ‘transgender’ for everybody, and men competing in women’s sports,” VA press secretary Pete Kasperowicz said in a statement to the media. “If they succeed, they will stop critical veterans care and assistance programs.” Still, according to the VA’s contingency plan, nearly 97% of its employees will continue working, and healthcare for veterans will not be affected by the shutdown.

At the White House, the official website this week debuted a “shutdown clock” tracking how long the government has been closed. On Wednesday, it was updated with a banner declaring, “Democrats Have Shut Down the Government.” The site also includes a drop-down menu compiling statements from outside organizations criticizing the shutdown itself and warning about its consequences.

Meanwhile, the White House comment line now plays a recorded message from press secretary Karoline Leavitt, telling callers that Democrats have shut down the government to prioritize “healthcare for illegal immigrants” over serving Americans. The message says the White House cannot take calls until Democrats agree to pass the Republican-backed funding bill, and closes by assuring listeners that President Donald Trump “will never stop fighting for you.”

MEMBERS OF CONGRESS ASK FOR PAY TO BE WITHHELD DURING GOVERNMENT SHUTDOWN

About 750,000 federal workers nationally are expected to be furloughed during the shutdown, with the Trump administration pushing to permanently lay off certain non-essential workers during the funding lapse.

Not everyone agrees that this rhetoric crosses legal lines. GOP strategist Dennis Lennox dismissed Hatch Act concerns, arguing the messaging falls short of a violation.

“No, it’s not a Hatch Act violation because it’s not about an election and/or candidate,” he said. “It’s clever. That’s for sure. It’s something Democrats could do if the shoe was reversed. Arguably, the biggest legacy of Trump and MAGA is that the foot soldiers in the Republican Party of Trump are much more combative and much more savvy when it comes to these kinds of things.”