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Political Activities (Military Personnel)


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What are the applicable regulations/statutes that pertain to political activities of members of the Armed Forces? 

 

DoD Guidance:  DoDDIR 1344.10, Political Activities by Members of the Armed Forces on Active Duty, August 2, 2004

 

May military members campaign for, or hold, elective civil office in the federal or state government, territory, the District of Columbia, or any political subdivision?

Regular officers on the active-duty list are prohibited from both holding and exercising the functions of a civil office.   

Generally,

  • When acting in their official capacity, service members may not engage in activities that associate the Navy with any partisan political campaign or election, candidate, cause, or issue.

  • Personnel, including reserve forces, are prohibited from wearing military uniforms at political campaign or election events.  Attendance at rallies, meetings and conventions as a spectator and not in uniform is allowed.

  • Active Duty personnel shall not organize or manage political campaigns, events or conventions even in their personal capacity.


May retired or reserve military members campaign for, or hold, elective civil office in the federal or state government, territory, the District of Columbia, or any political subdivision?

The National Defense Authorization Act for FY 2004 (Public Law 108-136), § 545, amended 10 U.S.C. § 973 by lifting the prohibition on holding civil office for retired regular officers and reserve officers called or ordered to active duty for a period in excess of 270 days, except when prohibited under State law or if holding the office would interfere with military duties, as determined by the SECDEF.  The prohibition on these officers exercising any functions of a civil office in the government of a State (defined as the District of Columbia and a territory, possession, or commonwealth of the United States), or of any political subdivision of a State, while under a call or order to active duty for more than 270 days, remains. 

See the Standards of Conduct Office Advisory 03-13


What political activities are members of the Armed Forces permitted to do?

A member on active duty may:

  • Register, vote, and express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces.

  • Promote and encourage other military members to exercise their voting franchise, if such promotion does not constitute an attempt to influence or interfere with the outcome of an election.

  • Join a political club and attend its meetings when not in uniform.  See Directive 1334.1.

  • Serve as an election official, if such service is not as a representative of a partisan political party, does not interfere with military duties, is performed when not in uniform, and has the prior approval of the Secretary concerned or the Secretary's designee.

  • Sign a petition for specific legislative action or a petition to place a candidate's name on an official election ballot, if the signing does not obligate the member to engage in partisan political activity and is done as a private citizen and not as a representative of the Armed Forces.

  • Write a letter to the editor of a newspaper expressing the member's personal views on public issues or political candidates, if such action is not part of an organized letter-writing campaign or a solicitation of votes for or against a political party or partisan political cause or candidate.

  • Make monetary contributions to a political organization, party, or committee favoring a particular candidate or slate of candidates, subject to the limitations under 2 U.S.C. 441a, 18 U.S.C. 607 and other applicable law.

  • Display a political sticker on the member's private vehicle.

  • Attend partisan and nonpartisan political meetings or rallies as a spectator when not in uniform.


In what political activities are active duty members of the Armed Forces prohibited from participating?

Examples of impermissible political activities:

  • Use official authority or influence to: interfere with an election, affect the course or outcome of an election, solicit votes for a particular candidate or issue, or require or solicit political contributions from others.

  • Be a candidate for civil office in Federal, State, or local government, except as authorized (see section 4.2, DoDDIR 1344.10) or engage in public or organized soliciting of others to become partisan candidates for nomination or election to civil office.

  • Participate in partisan political management, campaigns, or conventions (except as a spectator when not in uniform), or make public speeches in the course thereof.

  • Make a contribution to another member of the Armed Forces or a civilian officer or employee of the United States for the purpose of promoting a political objective or cause, including a political campaign.

  • Solicit or receive a contribution from another member of the Armed Forces or a civilian officer or employee of the United States for the purpose of promoting a political objective or cause, including a political campaign.

  • Allow or cause to be published partisan political articles 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.

  • Speak before a partisan political gathering, including any gathering that promotes a partisan political party, candidate, or cause.

  • Participate in any radio, television, or other program or group discussion as an advocate for or against of a partisan political party, candidate, or cause.

  • Conduct a political opinion survey under the auspices of a partisan political group or distribute partisan political literature.

  • Use contemptuous words against the officeholders described in 10 U.S.C. 888 or participate in activities proscribed by DoD Directive 5200.2, "DoD Personnel Security Program," April 9, 1999 and  DoD Directive 1325.6, "Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces," October 1, 1996

  • Perform clerical or other duties for a partisan political committee during a campaign or on an election day.

  • Solicit or otherwise engage in fundraising activities in Federal offices or facilities, including military reservations, for a partisan political cause or candidate.

  • March or ride in a partisan political parade.

  • Display a large political sign, banner, or poster (as distinguished from a bumper sticker) on the top or side of a private vehicle.

  • 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 or candidate.

  • Sell tickets for, or otherwise actively promote, political dinners and similar fundraising events.

  • Attend partisan political events as an official representative of the Armed Forces.

 


Are members of the Armed Forces allowed to respond to questions from media regarding political issues?

While acting in their official capacity, Navy personnel should not engage in public commentary, including speeches and written submissions offered for publication, concerning political campaigns or elections absent prior clearance.  Military personnel are also prohibited from distributing political campaign or election literature while in uniform, while acting in their official capacity or while on a military installation.  

Military members should not answer politically-charged questions from media except to say "To answer the question would violate DoD's policy to avoid associating the service with a particular political cause."

 


Who should I contact if I become aware of a member of the Armed Forces engaging in inappropriate political activities?

Contact your local IG to report the incident.