ARNOLD AIR FORCE BASE, Tenn. -- As we approach the beginning of the 2020 election cycle, it is important that Air Force members, both military and civilian, take a moment to reflect on the rules and restrictions related to participation in political activities.
While this article is not intended to be as an exhaustive resource on this topic, hopefully it will serve as a useful tool to assist Air Force personnel in identifying issues related to participation in the political process, as well as in avoiding the negative consequences which a violation of the rules could bring. As always, if you have any questions about these rules or participating in political activities, you should contact the base Legal Office.
The primary guidance concerning political activities for uniformed military members is found in DOD Directive (DODD) 1344.10, Political Activities by Members of the Armed Forces. Air Force military personnel are also required to follow AFI 51-508, Political Activities, Free Speech and Freedom of Assembly of Air Force Personnel. Violations are punishable under the Uniform Code of Military Justice.
For DOD civilian employees, participation in political activities has long been restricted by a federal law known as the Hatch Act (5 U.S.C. 7321-7326), as well other regulations and DOD policy. For more detailed information on the Hatch Act, please refer to the Office of Special Counsel website for a list of frequently asked questions at: https://osc.gov/Resources/Pages/FAQ.aspx
While some senior employees of the federal government, such as Senior Executive Service employees, face more significant restrictions, the vast majority of federal employees, including all civilian employees at Arnold, fall under a category known as “Less Restricted Employees.” Such employees, when on their own personal time and away from the workplace, may participate in most types of political activities, to include:
- Assisting in voter registration drives.
- Expressing personal political opinions.
- Contributing money.
- Attending fundraisers.
- Joining or attending rallies, meetings, parties and clubs.
- Signing nominating petitions.
- Campaigning for or against candidates or issues.
- Making campaign speeches.
- Distributing campaign literature.
However, some activities remain prohibited. Specifically, employees may not:
- Use their official position to interfere with an election, nor may they use their official title or position while engaged in political activity.
- Solicit, collect or receive political contributions .
- Knowingly solicit or discourage political activity of someone who has business with the government.
- Engage in political activity while on duty, including during telecommuting hours, in the federal workplace, while wearing a uniform or official insignia, or using a government vehicle.
- Send or forward political emails, post political messages to social media, such as a Facebook account or political “tweeting” while in a Federal building, including when off-duty, even if the employee is using her personal smartphone, tablet, or computer. Employees may never use government equipment to engage in political activities.
Per longstanding DOD policy, active duty personnel are encouraged to carry out their rights and responsibilities of United States citizenship. While on active duty, however, members are prohibited from engaging in certain political activities in order to maintain good order and discipline, and to avoid conflicts of interest and the appearance of improper endorsement in political matters.
Permissible activities include, but are not limited to:
- Registering to vote, voting and expressing a personal opinion on political candidates and issues, but not as a representative of the Air Force.
- Making monetary contributions to a political organization.
- Attending political meetings or rallies as a spectator when not in uniform.
- Joining a political club and attending its meetings when not in uniform.
- Serving as an election official, if such service is not as a representative of a partisan political party, or does not interfere with military duties.
- Displaying a political bumper sticker on the member's private vehicle or wearing a political button when not in uniform and not on duty.
Prohibited activities include, but are not limited to:
- Using official authority or influence to interfere with an election.
- Participating in partisan political fundraising, rallies, campaigns or conventions, or making public speeches in the course of such activity.
- Serving in any official capacity or being listed as a sponsor of a partisan political club.
- Speaking before a partisan political gathering of any kind.
- Participating in any radio, television, or other program or group discussion as an advocate of a partisan political party or candidate.
- Performing clerical or other duties for a partisan political committee during a campaign or on election day.
- Marching or riding in a partisan political parade.
It is important to highlight for both military members and civilian employees that the use of common social media sites, such as Facebook, Twitter, etc., does not exempt or shelter you from complying with applicable laws and regulations. For example, if you are a member of the military and your social media site identifies you as such, then your posts must clearly and prominently state that the views expressed are those of you as an individual only, and not those of the Department of Defense or your Service. Also, when an active duty military member posts or links to specific political parties or candidates it is interpreted by the DOD as distributing literature for the party or candidate, which is prohibited by DODD 1344.10.
Social media guidance for military members can be found at https://ogc.osd.mil/defense_ethics/resource_library/faqs_political_activities_armed_forces.pdf and for civilian employees guidance on social media and the Hatch Act can be found at - https://ogc.osd.mil/defense_ethics/resource_library/hatch_act_and_social_media.pdf. Both sites offer advice on how to avoid violating the rules.
As citizens it is our duty and our privilege to engage in the political process. As government employees we have an obligation to ensure our opinions, activities and social media posts do not appear to be an effort on our part to influence the outcome of any election. We must exercise our rights and responsibilities with due diligence to stay within the confines of law and regulation.