Political Activities: Follow the rules, protect your career

  • Published
  • By Captain Jacob Nist and Richard Mitchell
  • 82nd Training Wing Legal Office
SHEPPARD AIR FORCE BASE, Texas --  The Constitution is the most important document to a military member or Department of Defense employee. All swear an allegiance to support and defend it. It protects the right to free speech, to assemble and to vote among other rights; however, because of the nature of service, our uniform and what they represent, there are special rules.

These rules are designed to ensure that we use our public position to execute the will of the people we serve, and not promote our own political beliefs. Knowing the rules below will allow you to exercise your rights without negative repercussion.

I'm on Active Duty. What do I Need to Know?

If you are an active duty Air Force member, AFI 51-902, Political Activities by Members of the US Air Force, is your guide concerning political "dos" and "don'ts." It is important to take note, because failing to follow any of these rules is a violation of Article 92 of the Uniform Code of Military Justice.

Obviously, you can vote and sign petitions. You can also express a personal opinion on political candidates so long as you do not appear to be acting as a representative for the Air Force or DoD. You are also free to give money to a political organization, party or committee favoring a particular candidate or slate of candidates.

There are a number of things you can do as long as you are not wearing your uniform. When out of uniform, you are free to attend political fundraising activities, meetings, rallies, debates, conventions or activities as a spectator. You can also join and attend political clubs. If you want to wear a political button or shirt, feel free to do so in civilian clothes.

There are special rules regarding social media, personal blogs or writing letters to newspapers. If you can be identified as a member of the Armed Forces, for example if you have a picture of yourself in uniform on your Facebook page, then you must clearly state that the views expressed are yours only and not those of the Air Force or DoD.

So, what are you prohibited from doing? You cannot use your official authority to influence or interfere with an election or solicit political contributions. But there are also other prohibitions which may be less obvious. For example, you may not: 
  • Participate, other than as a spectator, in partisan political fundraising activities, rallies, conventions (including making speeches), management of campaigns or debates. You also may not speak before a partisan political gathering; go on radio or television to advocate for a political party, candidate or cause. You may not march or ride in a partisan political parade. These prohibitions apply whether or not you are in uniform and regardless of whether an inference or appearance of official sponsorship, approval or endorsement may be drawn.
     
  • Allow, or cause to be published, partisan political articles, letters or endorsements signed or written by the member that solicits votes for or against a partisan political party, candidate or cause.
     
  • Serve in any official capacity or be listed as a sponsor of a partisan political club. You may not perform clerical or other duties for a partisan political committee or candidate during a campaign, on an election day or after an election day during the process of closing out a campaign.
  • Solicit or otherwise engage in fundraising activities in federal offices or facilities, including military reservations, for any partisan political party, candidate or cause.
  • Display a large political sign, banner, or poster (as distinguished from a bumper sticker) on a private vehicle.
  • Display a large political sign, poster, banner, or similar device visible to the public at one's residence on a military installation, even if that residence is part of a privatized housing development.
  • Participate in any organized effort to provide voters with transportation to the polls, if the effort is organized by or associated with a partisan political party, cause, or candidate.
If you are an officer, there is one other rule you should know about. Article 88 of the UCMJ makes it a crime to use contemptuous words against the president, the vice present, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of the state where you are present or on duty.

I'm a Civilian DoD member. What do I Need to Know?

Rules governing civilian political activities are not quite as extensive as for military members, but there are still restrictions. Most of these restrictions are found in the Hatch Act and the Joint Ethics Regulation. These restrictions prohibit civilian DoD members from:
  • Using official authority or influence for the purpose of interfering with or affecting the result of an election.
  • Collecting political contributions unless both the collector and the donor are members of the same federal labor organization or employee organization and the donor is not a subordinate.
  • Knowingly soliciting or discouraging the political activity of any person who has business with DoD.
  • Engaging in "political activity" while on duty, while in any Federal workplace, while wearing an official uniform or displaying official insignia identifying the office or position of the DoD employee, or while using a government owned or leased vehicle. The term "political activity" means an activity directed toward the success or failure of a political party, candidate for partisan political office or partisan political group.
  • Soliciting political contributions from the general public.
There are also additional restrictions for higher level civilian employees and some for employees in unique positions such as positions in the intelligence community. In all cases, knowing the rules about what political activities are permitted and which are prohibited can ensure you are able to exercise your rights while ensuring compliance with the law.