Pacifica City Councilwoman Mary Ann Nihart was forced to abandon her bid for re-election Tuesday because of a fluke in federal law stemming from an endorsement received by one of her political opponents.
As the San Francisco Chronicle reports, the statute at the center of this story is the same one that could potentially ensnare FBI Director James Comey following his recent decision to inform congress about a reopening of the investigation against presidential candidate Hillary Clinton.
"The fluke stemmed from a Hatch Act provision barring federal employees from engaging in partisan politics," according to the Chronicle. "In Nihart’s case, the U.S. Office of Special Counsel ruled that the San Mateo County Democratic Central Committee’s endorsement of one of her three election rivals, Deirdre Martin, had turned a nonpartisan City Council race into a partisan battle — making Nihart ineligible as a federal employee to participate under the law."
Nihart, you see, is a clinical director with the federal Department of Veterans Affairs. There was no problem with that until the Democratic Party endorsed Martin. After that, Nihart was told she could either quit her job or drop out of the race.
“I feel so bad,” said Nihart. She asked the local Democratic committee to rescind its endorsement of Martin so she could run, but it declined.
Rep. Jackie Speier, D-Hillsborough, now says she will look into changing the law, so federal employees aren’t barred from participating in nonpartisan elections just because a political party endorses another candidate.
In the meantime, Nihart may have a slim chance at retaining her seat. Her name is still on the ballot, so it’s possible she could win. If so, she’d have to give up her seat, at which point one of the council’s four remaining members would be tasked with picking a replacement. In theory, they could pick Nihart.