Limits on Political Activities by Military Members and Federal Civilian Employees Published Sept. 6, 2016 By JB MDL Legal Office JB MDL Legal Office With the 2016 presidential race well underway, it’s helpful to review the rules pertaining to political activities by military members and federal civilian employees. The Department of Defense (DoD) encourages all military members and federal civilian employees to exercise their right to vote and engage in the political process. However, both military members and federal civilian employees are reminded that they have specific guidelines to follow in order to avoid the inference that their political activities imply or appear to imply DoD sponsorship, approval, or endorsement of a political candidate, campaign, or cause. Military Participation For military members, DoD Directive 1344.10, Political Activities by Members of the Armed Forces on Active Duty, and individual service regulations (including AFI 51-902; AR 600-20, para. 5-3; and SECNAVINST 5720.44C) lay out the rules on participation in political activities for military members. Members who violate these directives could face punishment under the Uniform Code of Military Justice (UCMJ) and other criminal or administrative penalties. Military Members May: Register to vote, vote, and encourage others to vote. Express a personal opinion on political candidates and issues. Join a political club and attend its meetings when not in uniform. Serve as a non-partisan election official while off-duty and not in uniform. However, this requires Department Secretary (e.g., Secretary of the Air Force) approval. Sign petitions for legislative action or to place a candidate’s name on the ballot. Express personal political views by writing a letter to the editor of a newspaper or via social media platforms, such as Facebook, Twitter, or personal blogs. However, if you identify yourself as an active duty service member, you must include a statement that your views do not represent the DoD. Attend partisan or non-partisan political fundraising activities, meetings, and rallies as a spectator when not in uniform. Donate money to a political party, organization, or committee. Display non-offensive political bumper stickers on a private vehicle. Wear political t-shirts or buttons, so long as they are not in uniform, not performing military duties, and doing so would not give the appearance of DoD endorsement. “Follow,” “friend,” or “like” the Facebook page, Twitter account, or other social media site of a political party or candidate running for partisan office. Military Members May Not: Use official authority or influence to affect outcome of an election. Fundraise (i.e., solicit or receive political contributions) at any time. Solicit or coerce votes from, or otherwise influence, a subordinate. Use official title in connection with partisan political activities. Serve in any official capacity or be listed as a sponsor of a political club. Engage in partisan political activity in a federal workplace, including on one’s personal device. Speak before a partisan political gathering. Be a candidate for, or hold, a civil office except as authorized by applicable Department Secretary. Post links to, “share,” or “retweet” comments or tweets from the page of a political party or candidate running for partisan office. Make derogatory statements about political leadership – a potential UCMJ violation. Display a partisan political sign at your residence if you live on base (including privatized housing) Civilian Participation The Hatch Act (5 U.S.C. 7321-7326) governs political activities by DoD and other federal civilian employees. The Hatch Act provides restrictions that are similar, but not identical, to those imposed on military members. Because the restrictions vary depending on the civilian employee’s status, it is extremely important that employees engaging in political activity know which restrictions apply to them. Generally, civilian employees, unless further restricted (e.g., Senior Executive Service members or intelligence agency employees), may engage in political activities set forth below on behalf of a political party or partisan political group or candidate as long as it is not on duty or in the workplace. Civilian employees who violate these rules and restrictions are at risk of disciplinary actions, including reprimand, suspension, removal, debarment from federal employment for up to 5 years, and a $1,000 fine. Federal Civilian Employees May: Register to vote, vote, and encourage others to vote. Express a personal opinion on political candidates and issues. Express personal political views by writing a letter to the editor of a newspaper or via social media platforms, such as Facebook, Twitter, or personal blogs. Attend political fundraisers. Attend and be active at political rallies and meetings. Serve as a non-partisan election official. Sign petitions for legislative action or to place a candidate’s name on the ballot. Donate money to a political party, organization, or committee. Display non-offensive political bumper stickers on a private vehicle. Be candidates for public office in nonpartisan elections. Display or wear political signs, stickers, t-shirts, or buttons when not on duty, in a government building, or using a government vehicle. Campaign or make speeches for or against candidates in partisan elections. “Follow,” “friend” or “like” the Facebook page or Twitter account of a political party or candidate running for partisan office. Federal Civilian Employees May Not: Use official authority or influence to interfere with or affect an election. Solicit or receive political contributions. Use an official title while participating in political activities. Engage in partisan political activity in a federal workplace, including on one’s personal device. Become a candidate in a partisan election. Host or sponsor a political fundraiser (though merely attending one is okay). Post links to, “share,” or “retweet” comments or tweets from the page of a political party or candidate running for partisan office. The information in this article is provided for informational purposes and is not intended as legal advice. For further assistance or if you have questions or concerns, contact the 87 ABW Legal Office at 609-754-2010.