Politics, election guidelines for servicemembers, civilians

  • Published
  • By Lt. Col. Mark S. Stay
  • Electronic Systems Center Legal Office
Americans are swiftly approaching an historic national election. While active-duty servicemembers and Air Force civilian employees participate in this election they should be mindful of the various laws, rules, regulations and additional guidelines which govern their political activities.

Active duty members are governed by DoD Directive 1344.10 and AFI 51-902 which allow and prohibit various political activities.

Military members can:
· register and vote in any election;
· join a political club and attend meetings as a spectator while off duty and in civilian attire;
· display bumper stickers on a personally owned vehicle or wear campaign buttons on civilian clothes while off duty;
· express a private political opinion or write a letter to the editor regarding public issues, but cannot promote partisan political cause or candidate or act as a representative of the Armed Forces;
· make a political contribution to an organization supporting a particular candidate but cannot contribute to the candidate personally;
· serve as an election official, if: it does not interfere with military duties, the activity has been approved by a major command commander before the activity occurs, the servicemember is not a representative of a partisan political party and duties are performed in civilian clothing;
· sign, as a private citizen, a petition for legislation or to place a candidate on an election ballot, provided it does not obligate the member to engage in partisan political activity.

Military members may not:
· participate in partisan political campaigns, or make public speeches related to such activity;
· publish articles or opinions promoting or discouraging partisan political issues or candidates;
· run for or hold civil office; 
· take an active role in partisan political activity, including: 
     --Serving in an official capacity;
     --Advocating in the media;
     -- Conducting opinion polls or other clerical duties during a campaign;
     -- Marching in a parade; or
     -- Actively promoting fundraisers
· perform clerical or other duties for a partisan political committee during a campaign or election day;
· recruit others to become partisan candidates for nomination or election to a civil office;
· display a large political sign or banner or poster on a member's private vehicle.

Servicemembers should also remember Article 88 of the Uniform Code of Military Justice, which prohibits using contemptuous words against the president, vice president, members of Congress, the defense secretary, military department secretaries, the Department of Homeland Security secretary or the governor or legislature of any state or commonwealth in which a servicemember is on duty or present. Such offenses are punishable by possible court-martial.

Civilian employees are governed by the section 6-200 of the Joint Ethics Regulation, which implements the federal statute known as the Hatch Act. 

Under the Hatch Act and the JER, Air Force civilian employees can:
· do all the political activities that active duty members can do;
· be candidates for public office in nonpartisan elections;
· register and vote as they choose;
· assist in voter registration drives;
· express opinions about candidates and issues;
· contribute money to political organizations;
· attend political fundraising functions;
· attend and be active at political rallies and meetings;
· sign nominating petitions; campaign for or against referendum questions, constitutional amendments, and municipal ordinances;
· join and be an active member of a political party or club;
· campaign for or against candidates in partisan elections;
· make campaign speeches for candidates in partisan elections;
· distribute campaign literature in partisan elections; and
· hold office in political clubs or parties including serving as a delegate to a convention. 

Civilian employees cannot:
· use their official authority or influence to interfere with an election;
· solicit, accept or receive political contributions unless both individuals are members of the same federal labor organization or employee organization and the one solicited is not a subordinate employee;
· knowingly solicit or discourage the political activity of any person who has business before the agency;
· engage in political activity while on duty;
· engage in political activity in any government office;
· engage in political activity while wearing an official uniform;
· engage in political activity while using a government vehicle;
· be candidates for public office in partisan elections;
· wear political buttons on duty; and
· contribute to the campaign of another federal employee who is in the employee's chain of command or supervision.

To schedule an appointment concerning political activities call the Electronic Systems Center Legal Office at (781) 377-2361.