Rules on political activities for DOD employees

  • Published
  • By 100th Air Refueling Wing Office of the Staff Judge Advocate
RAF MILDENHALL, England --  Millions of Americans will go to the polls Nov. 4, 2014 to do one of the things service members fight to protect, the right to vote.

The U.S. has long recognized the power of leaders, particularly military leaders, influence citizens and subordinates. This is partially why it was important for Gen. George Washington to become a civilian before assuming his role as president of the U.S.

In the military, service men and women should pay extra attention to how rank can affect others. What may seem like a joke to one person can easily be perceived as pressure to vote for or against a particular candidate or party to another. This influence can occur in both the military and civilian side of the Department of Defense.

To prevent the potential of undue influence, whether intentional or not, Congress has imposed restrictions on the political activities of DOD members. These restrictions are not intended to inhibit the right to vote, but to encourage it by creating an environment where everyone can exercise their rights without fear that a superior may punish them.

The restrictions are laid out in two places. For active duty members, in DOD Directive 1344.10 "Political Activities by Members of the Armed Forces" and Air Force Instruction 51-902 "Political Activities by Members of the U.S. Air Force," and for DOD civilians, they can be found in the Hatch Act.

The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees. The law's purpose is to ensure federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure federal employees are advanced based on merit and not based on political affiliation. More information on the Hatch Act can be found on the U.S. Office of Special Counsel website at https://osc.gov/pages/hatchact-affectsme.aspx.

While these rules restrict certain political activities, they don't limit each member's ability to exercise their political rights by voting. They simply help ensure that no citizen, military member or not, feels compelled to vote for or against a particular candidate or party.

The tables below list some of the most common areas of political activity, but are by no means exhaustive.

For more information on acceptable political activities, contact the legal office at DSN 238-2028 or commercial at 01638 542028.

Table 1. Active duty members

CAN CANNOT
Vote and encourage others to vote Be a candidate for, or hold, civil office, except as specifically authorized by AFI 51-902
Express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces Use official authority or influence to interfere with an election or solicit votes for a particular candidate or issue
Make monetary contributions to a political organization subject to certain limitations Be listed as a sponsor of a partisan political club
Attend political meetings or rallies as a spectator but not in uniform Speak before a partisan political gathering of any kind for promoting a partisan political party or candidate
Display a political bumper sticker on a private vehicle Display a large political sign, poster, banner (as distinguished from a bumper sticker) on a private vehicle



















Note:  Retired and reserve component members serving on active duty for more than 270 days fall under the same restrictions as active duty members. If serving on active duty for 270 days or less, they may remain or become a nominee or candidate for a civil office provided there is no interference with the performance of military duties.

Table 2. Retired and reserve component members

CAN CANNOT
In campaign literature use or mention military rank or grade and military service affiliation but must also mention their retired or reserve status Use or allow the use of "in uniform" photographs, drawings or other media to be the primary graphic representation in any campaign media
Include current or former specific military duty tile or position or photographs in military uniform (must include that does not imply DOD or U.S. Air Force endorsement) Depict or allow their depiction in uniform in a manner that does not accurately reflect their actual performance of duty

Table 3. DOD civilians

CAN CANNOT
Assist in nonpartisan voting drives Wear or display partisan political buttons, T-shirts, signs, or other items
Participate in campaigns where none of the candidates represent a political party Use official authority to interfere with or affect the results of an election
Express opinions about candidates and issues but not permitted while on duty, in any federal building, while wearing a uniform or official insignia or while using any federally owned or leased car Solicit, accept or receive a donation or contribution for partisan political party, candidate for partisan political office, or partisan political group
Contribute money to political campaigns, political parties or partisan political groups  Be candidates for public office in partisan political elections